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City Council Meeting - Council - Agenda - 5/20/2014
CITY OF KENT City Council MeetingAgenda May 20, 2014 Mayor Suzette Cooke Dana Ralph, Council President Councilmembers Jim Berrios Bill Boyce Brenda Fincher Dennis Higgins Deborah Ranniger Les Thomas adccW06823 This page intentionally left blank. KENT CITY COUNCIL AGENDAS May 20, 2014 Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5 p.m. Subject Speaker Time 2015 – 2016 Budget Calendar and Revenue Forecasts Paula Barry 60 min WSDOT Hot Lanes Laura Johnson 30 min COUNCIL MEETING AGENDA 7 p.m. 1.CALL TO ORDER/FLAG SALUTE 2.ROLL CALL 3.CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4.PUBLIC COMMUNICATIONS A.Public Recognition 1.Recognition of Merrill Vesper B.Community Events C.Introduction of Human Services Commission Appointee Andy Rosas D.Public Safety Report E.Intergovernmental Reports 5.PUBLIC HEARING 6.PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, “Public Comment,” on the reverse side. 7.CONSENT CALENDAR A.Minutes of Previous Meetings and Workshop – Approve B.Payment of Bills – Approve C.Excused Absence for Councilmember Higgins - Approve (Continued) D. Appointment to Human Services Commission – Confirm E. Telecommunications Franchise Ordinance with tw telecom of washington llc – Adopt F. Washington State Department of Natural Resources Aquatic Lands Easements for Sanitary Sewer and Pedestrian Bridge Crossing – Authorize G. Consultant Services Agreement with GeoEngineers for Low Impact Development - Authorize H. Fiscal Year 2014 JAG Grant – Accept I. Washington Traffic Safety Commission Amendment #1 to MOU – Authorize J. Washington Traffic Safety Commission Amendment #1 to Interagency Agreement for Target Zero Manager – Authorize K. Blumenthal Uniform Co., Inc. Contract – Authorize L. Valley Special Weapons and Tactical (SWAT) Team Interlocal Agreement and Resolution – Adopt M. Recreation and Conservation Office Grant Application Resolutions – Adopt N. Fee-in-lieu Funds - Accept O. Consolidated Budget Adjustment Ordinance for Adjustments Between January 1, 2014 and March 31, 2014 – Adopt P. Countywide Planning Policies, Resolution - Adopt 8.OTHER BUSINESS 9.BIDS A.64th Avenue Channel Improvements - Award B.2014 Thermoplastic Markings - Award 10.REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11.EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Acquisition, as per RCW 42.30.110(1) (b) 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 website at 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. COUNCIL AGENDA CONTINUED COUNCIL WORKSHOP 1) 2015–2016 Budget Calendar & Revenue Forecasts, Paula Barry 2) WSDOT Hot Lanes, Laura Johnson This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition 1. Recognition of Merrill Vesper B) Community Events C) Introduction of Human Services Commission Appointee, Andy Rosas D) Public Safety Report E) Intergovernmental Reports This page intentionally left blank. 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 P. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of May 6, 2014. 7B. Approval of Bills. Approval of payment of the bills received through March 31 and paid on March 31 after auditing by the Operations Committee on April 15, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 3/31/14 Wire Transfers 5816 - 5828 $1,295,169.68 3/31/14 Regular Checks 681426 - 681809 $2,810,486.36 Void Checks $0.00 3/31/14 Use Tax Payable $1,235.69 $4,106,891.73 Approval of checks issued for payroll for March 16 through March 31 and paid on April 4, 2014: Date Check Numbers Amount 4/4/2014 Checks 334781 - 334938 $78,004.35 Voids and Reissues 4/4/2014 Advices 327190 - 327815 $1,253,239.46 $1,331,243.81 Approval of payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on May 6, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 4/15/14 Wire Transfers 5829 - 5846 $1,619,090.85 4/15/14 Regular Checks 681810 - 682165 $1,653,305.77 Void Checks ($603.98) 4/15/14 Use Tax Payable $4,418.32 $3,276,210.96 Approval of checks issued for payroll for April 1 through April 15 and paid on April 18, 2014: Date Check Numbers Amount 4/18/2014 Checks 334939 - 335109 $78,271.01 Voids and Reissues 4/18/2014 Advices 327816 - 328445 $1,208,114.98 $1,286,385.99 Kent City Council Workshop Minutes May 6, 2014 The workshop meeting was called to order at 5:03 p.m. by Council President Ralph. Councilmembers present: Ralph, Boyce, Berrios, Fincher, Higgins, and Thomas. Councilmember Ranniger arrived at 5:32 p.m. Puget Sound Clean Air Agency- Craig Kenworthy, Executive Director of the Puget Sound Clean Air Agency (PSCAA) discussed his organization and the effects of air pollution on people and the environment. He noted that PSCAA is a local agency working with the Department of Ecology (DOE) and the Environmental Protection Agency (EPA) with jurisdiction in King, Kitsap, Pierce and Snohomish counties. He added that they are governed by a board of directors of elected officials from the four counties. Regional issues include overall health impacts, goods movement and transportation (diesel pollution), and climate change issues, he said. He also pointed out that in Kent his agency worked to reduce diesel emissions in Kent school buses, six trucks and emergency vehicles. He noted that they have also conducted two monitoring studies and maintain a permanent air quality monitoring site in Kent. He reviewed how the agency gets funded and communicated its strategic plan goals. Kenworthy communicated that the City can't withdraw its membership from the PSCAA because the legislature allows the counties to decide whether a city is in the PSCAA or not. He noted that the board is asking for feedback of a proposed rate increase and it will be discussed at their May 22 meeting. Councilmember Higgins verified with Kenworthy that the increase to Kent would be about $20,000, from about $40,000 to $60,000 per year. Councilmember Berrios verified that there was a temporary monitoring device at the skatepark and inquired what effect the railroads have in it. Kenworthy communicated that they will be taking more of a look at the railroads in the future. Berrios noted that the coal trains are already coming through. Councilmember Thomas suggested that the monitor should be put at the 614 North Railroad site, next to the railroad and Kenworthy highlighted that procedurally it has to be a certain distance away from the direct pollutant to get a proper reading. Councilmember Higgins inquired if the legislature designated who would be a member and he confirmed that they did, based on how many counties were in a certain area. Council President Ralph confirmed that any comments needed to be sent to Kenworthy. Grade Separation LIDs – Tim LaPorte, Public Works Director and Doug Levy, Lobbyist, highlighted the grade separation LIDs. LaPorte communicated that the City has secured two grants for this from the Freight Mobility Strategic Investment Board (FMSIB) dating back from 2002 and 2005. One of the grants is for the 228th Street Union Pacific Railroad and the other is for the 212th Street Burlington Northern and Union Pacific Railroads. He stated that the 212th Street grade separation could go above or under the tracks and the 228th Street separation needs to go above. LaPorte added that the separation on 180th Street and 177th Street need to go Kent City Council Workshop Minutes May 6, 2014 above. He noted that it normally takes a municipality 10 years to get the funding and two years to get the grade separation built. LaPorte discussed the City of Auburn M Street separation and how the $23 million for the project was funded. He also explained how the City of Renton Strander Boulevard grade separation was funded and that the total cost was $16 million. He noted that the 228th Street grade separation project cost is $25 million and $8,072,500 has been secured with $15,427,500 unsecured at this present time. He noted that the additional funding should come from a $6 million federal/state grant, $8,427,500 in LID/State Grant, and $1 million from B&O funds. Levy communicated why it is a good idea to bring this to the legislature. LaPorte continued and discussed the S. 212th Union Pacific grade separation and the total cost is $27 million with $1 million in unsecured funding coming from the Port, $16,750,000 coming from LID/State/Federal Grant of $16,750,000, $1 million from Kent storm utility funds, $2 million from the Kent B&O, equalling a total unsecured funding amount of $20,750,000. LaPorte continued and discussed previous LIDs in the City and highlighted what a 212th and 228th grade separation would look like on a map. He added that the entire LID would be commercial and the City would need the support of the business community and the Chamber of Commerce. Levy communicated that both routes have very significant functions and these topics are being introduced with the FMSIB board. He noted that this will be communicated to the legislature as a completion of the Green River Valley set of freight improvements that could have phases, improving freight movement through Kent, instead of work being done on individual locations. Council President Ralph communicated that this was discussed in the Public Works Committee meeting and Councilmember Higgins communicated that it is imperative that the impacted communities know that the $20 million in funds that have been already received will go away if additional funding isn’t received though the LID. He added that if the City is able to retain and utilize this $20 million it will be successful with obtaining grant funds in the future. LaPorte noted that if the City wishes to keep the grant funding for these projects there needs to be a certain level of commitment made by the City. Councilmember Berrios communicated that he has toured both of these areas and the roads are failing. He stated that the City needs to be sensitive because the property owners in these areas may already be paying a B&O tax. Council President Ralph communicated that the overlay would have to be done to determeine who is paying for what and where. Councilmember Boyce verified that the funds consist of funds that have already been derived from the B&O tax funds and that these two projects fall into the list of B&O projects the Council has previously discussed. Councilmember Fincher inquired if this is a new idea to pull several projects into a regional corridor idea and Levy communicated that legislature previously allowed the 2 Kent City Council Workshop Minutes May 6, 2014 Port of Vancouver to have several projects categorized into a single regional project with several phases. He noted that there have been some good conversations and there is some sympathy with the legislature concerning the magnitude of what needs to be done in Kent. Brubaker communicated that the board is meeting on May 30 and they have expressed that they will cancel our grant funds if the City doesn’t come up with some additional funding. He noted that in May the City will be communicate to them that we are considering an LID and is hopeful they will delay any decision until November. Economic Development Strategy - Ben Wolters, Economic and Community Development Director noted that the strategy was introduced at the Council retreat and brought to the Economic and Community Development Committee (ECDC). He stated that the strategy is in draft form and he is looking for input. He said he is looking for assurance that this is on the right track because some items are already underway and reviewed the schedule. Wolters reviewed the purpose of the plan which is to provide a comprehensive playbook of strategies for economic growth for the next 5 to 10 years. Wolters announced the six implementation strategies and substrategies which make up the plan. Councilmember Boyce communicated that he likes what is being done and inquired how the process will progress. Wolters replied that this will be vetted at ECDC and at a minimum be brought to the Council every six months. He added that the basis for this document is the Council's strategic goals and a conscious effort was made to tie it to that. Councilmember Berrios communicated that there needs to be a way to get the community to embrace the plan and what Kent’s future is going to look like. He noted that there will be a need for funding, so the community will need to be on board. He added that there needs to be discussion with the faith community and inclusion about the homeless in this plan. He said the community doesn't understand the big picture and Wolters communicated that there can be an element included in this to determine how to communicate this to the community. Councilmember Berrios noted that as the City looks at funding for LIDs, franchise fees, etc it needs to be sensitive to earmark those funds for those specific projects. He noted that funds need to be dedicated to those projects and not put into the general fund or the Council losses credibility. Councilmember Thomas highlighted on Strategy 2.6.3. concerning swapping parking for green space and pocket parks. Wolters communicated that this item refers to having these small pocket parks turned into a town square plaza, something to serve more of the downtown area. Councilmember Fincher communicated that she likes the economic viability of this plan. She highlighted several sections of the plan that she is pleased with. Brubaker communicated that he wants the Council to think of this as a foundation for the different plans and decisions the Council makes this year. 3 Kent City Council Workshop Minutes May 6, 2014 Council President Ralph added that it is important to keep our eyes on what Kent can be and its potential. The meeting adjourned at 6:15 p.m. Ronald F. Moore, MMC City Clerk 4 Kent City Council Meeting Minutes May 6, 2014 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff. No changes. B. From the Public. No changes. PUBLIC COMMUNICATIONS A. Public Recognition. Mayor Cooke congratulated the five Boy Scouts for obtaining their Eagle badges on Sunday evening at the Zion Lutheran Church. B. Community Events. 1. Kent International Festival - Dave Mortensen, Director of the Kent International Festival noted that the free event is at the ShoWare Center on May 31. The volunteers for the event introduced themselves. He stated that the website is www.kentinternationalfestival.com. The event will begin with a walk sponsored by Kent4Health, he announced. Mortensen thanked the volunteers who were present at the meeting. Mayor Cooke noted that this is the sixth year of the event. Mortensen highlighted the different ethnicities performing, food choices, and cultural events going on at the event. 2. Drug Free Coalition Town Hall Meeting, Stacy Judd - Stacy Judd, Kent Police Department Community Education Unit communicated that on Thursday, May 22 there is a Town Hall meeting concerning alcohol and drug prevention, specifically marijuana use. She noted that it will be from 6 p.m. – 8 p.m. at Faith Baptist Church. C. Proclamation of National Public Works Week - Mayor Cooke read and presented the proclamation to Tim LaPorte, Public Works Director. LaPorte accepted the proclamation and announced that there would be an open house on May 20 from 1 p.m. - 4 p.m. between the City Hall Building and the Centennial Building. D. Proclamation for TeamUp2CleanUp Kent Days - Mayor Cooke read and presented the proclamation to Gina Hungerford, City of Kent Conservation Specialist. Hungerford highlighted the event and noted that the event is Saturday, May 17 from 8 a.m. to 12 noon at three locations in the City, Trinity Community Church, Keirson Park, and the Golden Steer Restaurant. E. Introduction of Civil Service Commission Reappointee Callius Zaratkiewicz - Mayor Cooke announced the reappointment of Callius Zaratkiewicz to the Civil Service Commission. Kent City Council Meeting Minutes May 6, 2014 F. Economic and Community Development Report - Ben Wolters, Economic and Community Development Director discussed economic development in the City. He highlighted the Amazon project and that they are moving earth for the 800,000 square foot facility. He noted that there will be about 400 people working there throughout the year and 1,200 during the holiday season. This is the largest project the City has had in 20 years. He noted that there is another aerospace company who may make its home in Kent. Wolters discussed The Platform and they should be pre-leasing units in June and opening in September. He added that Tarragon, the firm which owns and operates Kent Station, is looking into doing another similar project on their remaining parcel there. He added that the Federal Aviation Administration (FAA) Regional Headquarters project has been fully funded by Congress and is back into competition. He stated that the square footage amount has been lessened to 300,000 square feet to house over 1,000 employees and the first deadline for proposals is May 16. Councilmember Ranniger verified that a decision on where the FAA headquarters will be located should be made by the end of the year. Additionally, their goal is to occupy their new headquarters by late summer 2016. Councilmember Berrios verified with Wolters that the demolition at the new Trader Joe’s location has largely been completed and construction should begin very soon. Everything is still on track, Wolters said. G. Intergovernmental Reports. Council President Ralph communicated that she had nothing to report. Councilmember Higgins noted that the Sound Cities Association (SCA) Board of Directors won't meet until May 21 and the King County Regional Transit Committee doesn’t meet until that same day. Councilmember Ranniger attended the King County Domestic Violence Initiative Safety Summit and the predominant discussion was about House Bill 1840 which introduces a new crime bill that makes it a crime for a person accused of domestic violence to be found in possession of a firearm. Therefore, those who have been convicted of domestic violence can't possess firearms. She said there was a robust discussion about the issues with enforcement. She said she has been nominated to be on the Sound Cities Association Domestic Violence Task Force. Councilmember Boyce stated the SCA Public Issues Committee hasn't met. PUBLIC HEARINGS None. PUBLIC COMMENT 1. Reverend Bob Brooks, Kent – Brooks stated he was the Pastor of First Christian Church of Kent and supported a day center and the work of KentHOPE. He noted that his church has been here for over 100 years. He noted that they are involved with the 2 Kent City Council Meeting Minutes May 6, 2014 Food Bank and the home program. He stated that the church motto is "All Means All." He noted that they embrace the homeless population. He stated that the faith community has offered their assistance and good things have happened. 2. George Adams, Kent – Adams thanked the city of Kent and the Council. He stated that Kent has been the leader in all 33 cities in South King County in human service funding. He noted that he isn't a member of KentHOPE or the Union Gospel Mission (UGM), but is in awe of those organizations. However, he stated the City has done nothing or not much when it comes to homelessness. He added that he knows there is business opposition with having a homeless shelter in the downtown core, but the proposed Lincoln Avenue location is outside the core. He urged the Council to have the Mayor work in a collaborative way with KentHOPE and UGM to ensure the location is successful. 3. Pat Gray, Kent – Gray stated that KentHOPE is presenting the Council with over 1,000 postcards supporting a solution to end homelessness in Kent. She noted that the current services don't take care of the need. She said establishing a 24/7 resource center for shelter and day services will service the need. She added that she also provided the Council with a timeline concerning what KentHOPE has tried to do concerning this problem. She noted that the women's day center opened in December 2013 and the women’s rotating overnight shelter opened on March 16, 2014 which proves the need is great and KentHOPE can fulfill that need. She communicated that there is a proposed location on Lincoln Avenue and asked for Council support. 4. Carol Nelson, Kent – Nelson presented the Council with over 1,000 postcards from several area churches. 5. Andrea Keikkala, Kent - Keikkala noted that the Chamber represents 472 businesses in Kent. She communicated that locating a homeless shelter on Lincoln Avenue will be detrimental to businesses. She communicated the following reasons why the Chamber of Commerce is opposed to the proposed location; 1) a neighborhood of families is one block away from the proposed location, 2) the proposed building will be two stories tall and visible from the freeway as a homeless shelter in the middle of Kent, 3) locating a homeless shelter close to the ShoWare Center is too risky and the City can’t afford to have patrons feeling uncomfortable as they attend events there, 4) the proposed facility would turn away unstable patrons, decreasing the safety of the area, 5) this is the location of Kent Cornucopia Days and the festival draws in thousands of children each year, 5) the proposed facility is in the immediate vicinity of The Platform, and 6) the proposed facility is also close Kent Station, a shopping, dining, and meeting place for tens of thousands of patrons each year. She said it was noted that downtown was advantageous for a proposed day center location because of the proximity to existing services. However, the idea to build a center away from downtown and use public and private transportation to shuttle the homeless to and from services should be investigated. She concluded that the Chamber of Commerce is working with UGM and KentHOPE in addressing the issue of homelessness and is committed to continue the conversation. 6. John Greaney, Kent - Greaney communicated that he started his business in 2013 and most of his clients are female and children. He stated that he doesn't know how 3 Kent City Council Meeting Minutes May 6, 2014 people will react to a UGM sign across the street. He felt that UGM won't be helpful for his business and that there were two homeless people drinking outside his business the other day. The opening a day center across the street would kill his business, he said, and cause him to increase security. He noted that there are families in that area and they don't know about this proposal. 7. Jen Minich, Kent - Minich noted that the consensus of the homeless task force is that there is a need for a homeless shelter in South King County. She stated the report calls for the linking of daytime and nighttime services and the strategic plan calls for such a facility. She supports KentHOPE's mission. 8. Carol Anne Maiers, Kent - Maiers stated there was a time when you didn't see homeless and mentally ill people on the streets. She stated that 30 years ago she remembers calling City Hall about them. She reasoned that there are homeless people because of bad decisions made by business leaders, state leaders, and federal leaders. She said homeless women are people who have had temporary setbacks and if given the opportunity they will be taxpayers supporting the City's revenues. 9. Monica Emery, Kent - Emery communicated that she attends Riverview Community Church and supports KentHOPE and their mission of a day center. She stated that the women at the women’s center are from all walks of life and have their own issues. She felt if people have assistance they can be productive members of society and if we don't help it takes away from each of us. People are afraid of the homeless because of the unknown and we should integrate the homeless into society because they are real people just like you and me, she stated. 10. Gary Johnson, Kent - Johnson stated that he opposes the location of the homeless shelter. He stated that his views are of the majority of the City's stakeholders and that the Council listened in the past about the last location being unsuitable. He added that this is the fifth location that has been met with community resistance and there have been negative experiences with shelters being located around families in other cities. He said last year he looked at a location with a UGM representative and there was a child walking in front of the proposed building and the representative told him that it wasn't a good location based on that. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through M, seconded by Councilmember Thomas. A. Approval of the minutes – Approve. The minutes of the workshop and regular Council meeting of April 15, 2014 were approved. B. Payment of Bills – Approve. There were no bills to approve. C. Reappointment to Civil Service Commission - Confirm. The Mayor was authorized to reappointment of Callius Zaratkiewicz to the Kent Civil Service Commission. 4 Kent City Council Meeting Minutes May 6, 2014 D. 2013 Asphalt Grinding Project - Accept as Complete. The Mayor was authorized to accept the 2013 Asphalt Grinding Project as complete and release retainage to Pyramid Grinding LLC, upon receipt of standard releases from the state and the release of any liens. The original contract amount was $64,375.00. The final contract amount was $61,155.49. E. Telecommunications Franchise Ordinance with TW Telecom of Washington LLC - Introduce. The Mayor was authorized to introduce an ordinance granting TW Telecom of Washington LLC, a franchise to install and maintain facilities for a telecommunications network within the City’s public right-of-way, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. Puget Sound Energy Conversion – Schedule 74 Project Design Agreement - Approve. The Mayor was authorized to sign a Project Design Agreement with Puget Sound Energy for the Upper Russell Road Levee Project in an amount not to exceed $21,000 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Multifamily Tax Exemption Extension, Ordinance - Adopt. The Mayor was authorized to Adopt Ordinance No. 4111, extending the multifamily tax exemption for qualifying projects in the residential targeted area as depicted in Appendix 1 of the attached ordinance. H. Resolution amending the Comprehensive Plan for the Par 3 Golf Course - Adopt. The Mayor is authorized to Adopt Resolution No. , amending the comprehensive plan on the Par 3 golf course site. I. Consultant Services Agreement with R.L Evans Company, Inc for 2014/15 - Authorize. The Mayor was authorized to sign a Consultant Services Agreement with R.L. Evans Company, Inc. for brokerage and consulting services in the amount of $40,000, subject to final terms and conditions acceptable to the City Attorney and Human Resource Director. J. Perkins Building Lease Agreement for City Storage - Authorize. The Mayor was authorized to sign the Lease Agreement with Charlie Perkins for property located at 715 W. Smith Street to be used as a city storage facility, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. K. Resolution Declaring Emergency and Waiving Bid Requirement for Ice Plant Equipment Repair at ShoWare Center – Adopt. The Mayor was authorized to adopt Resolution No. 1883 declaring an emergency and waiving the advertised bid requirement for repair of the ice plant equipment at the ShoWare Center. L. Contract with PermaCold Engineering, Inc. for Ice Plant Equipment at ShoWare Center – Authorize. The Mayor was authorized to sign a contract with PermaCold Engineering, Inc. to repair and recommission the ice plant equipment at the ShoWare Center, in an amount not to exceed $95,000 unless authorized by the Economic Community Development Director and the Mayor and within the established 5 Kent City Council Meeting Minutes May 6, 2014 ShoWare Center budget, and in accordance with those final terms and conditions acceptable to the City Attorney. M. Horseshoe Bend Levee Improvements East & West River Bend Secondary Levees Phase II – Accept as Complete. The Mayor was authorized to accept the Horseshoe Bend Levee Improvements East & West River Bend Secondary Levees Phase II Project with SCI Infrastructure, LLC as complete. A vote was taken on the motion on the table to approve the Consent calendar which carried 7-0. OTHER BUSINESS None. BIDS 1. 2014 Asphalt Grinding Project. Tim LaPorte, Public Works Director communicated that this is funded with B&O revenues and is well below the engineers estimate. He noted that it will be in conjunction with the work done by the Public Works Department and is made up of recyclable material. Councilmember Higgins moved to award the 2014 Asphalt Grinding project to Puget Paving & Construction, Inc. in the amount of $46,500.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Berrios. Motion carried 7-0. 2. 2014 Crack Sealing Project. Tim LaPorte, Public Works Director communicated that this is paid through the B&O fund and explained that it prevents water from infiltrating and Evergreen Asphalt and Concrete was the low bidder. Councilmember Higgins moved to award the 2014 Crack Sealing project to Evergreen Asphalt & Concrete in the amount of $231,297.50 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Ralph. Motion carried 7-0. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph communicated what the City is doing concerning homelessness. She noted that there is a group that has met for the last two months consisting of the Human Services Department, Kent Youth and Family Services, Catholic Community Services, Sound Mental Health, Valley Cities Association, KentHOPE, Union Gospel Mission, Kent Chamber of Commerce, and the Police Department to determine what the best way is to address the issue. She stated the discussion has been positive and that the City is working on the scope and funding. She added that the City expends over $500,000 per year on human services and the 6 Kent City Council Meeting Minutes May 6, 2014 Council must balance the needs. She hopes everyone will allow this group to continue to meet and move towards a solution to homelessness in Kent. Council President Ralph stated that at the workshop the Puget Sound Clean Air Agency gave a presentation and they monitor clean air in the Puget Sound region. She noted that there was a presentation on railroad grade separations and some grant funding that is available, to include ways to come up with additional funds for them. She noted that the separations allow for vehicles to go over or under the railroad. The final presentation was on the Economic Development Strategy and noted that it is the set of guidelines which helps the City meet economic development goals. B. Mayor. Mayor Cooke discussed the problem that some drivers had last week when they were caught in the railroad crossings for at least 45 minutes or more. She said she has talked to the Union Pacific professional who tried and retried to fix the problem and couldn't. She noted that a letter has been sent from the City concerning this issue. C. Administration. No report. D. Economic & Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. Councilmember Ranniger communicated that the next meeting is on May 15 and has asked the Parks and Human Services staff for an in depth presentation on the process for awarding Human Services grants. Mayor Cooke made a request to Councilmember Ranniger to give a briefing on the renaming of Russell Road Park and dedicating it to Isabel Hogan, the City’s first female mayor. She also would like a briefing concerning the reading program the staff will be doing at the library. Councilmember Ranniger communicated that the Committee has received several letters regarding the importance of the wrap around services for the homeless. G. Public Safety Committee. No report will be meeting next week. H. Public Works Committee. Councilmember Higgins discussed Desimone Levee Reach 1 in the City of Tukwila, but Kent has the lead for getting the project done. He said he visited the site with Public Works Director Tim LaPorte. He noted that he sent a letter to Tukwila Mayor Jim Haggerton to expedite the permits that need to be approved to get the project done this year. He also noted that the steel for the flood wall at that site was preordered in the Committee meeting. He thanked the Mayor and City staff for working to get the crossings addressed. I. Regional Fire Authority. Councilmember Thomas stated that they will be meeting on May 21 at 5:30 pm. The meeting will be held at Station #78. 7 Kent City Council Meeting Minutes May 6, 2014 He communicated that on May 17 the Kiwanis Club of Kent is hosting a crab feed at the Kent Senior Center and the food will be brought in by the Golden Steer Restaurant. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT The meeting adjourned at 8:19 p.m. Ronald F. Moore, MMC City Clerk 8 Agenda Item: Consent Calendar – 7C TO: City Council DATE: May 20, 2014 SUBJECT: Excused Absence – Councilmember Dennis Higgins - Approve SUMMARY: Councilmember Higgins is unable to attend the City Council meeting of May 20, 2014. RECOMMENDED BY: Council President Ralph YEA: N/A NAY: N/A BUDGET IMPACTS: N/A MOTION: Approve an excused absence for Councilmember Higgins as he is unable to attend the City Council meeting of May 20, 2014. This page intentionally left blank. Agenda Item: Consent Calendar – 7D TO: City Council DATE: May 20, 2014 SUBJECT: Appointment to Human Services Commission – Confirm SUMMARY: Confirm appointment of Andy Rosas to the Kent Human Services Commission to fill a vacant position that will expire January 1, 2015. This appointment will fill a 7 month period with an additional appointment of a three-year term ending January 1, 2018. I am pleased to recommend appointment of Andy Rosas to the Human Services Commission. Andy is the new Lead Pastor of the Riverview Community Church on the west hill of Kent. Andy is very involved in community, not just in Kent, but the region. He is vice chairman of The Bread of Life Mission in Seattle, serves on the board of New Heart Foundation (addiction recovery program) and volunteers at the Kent Food Bank. Mr. Rosas’ application expressed his desire to personally be active in our community and as Lead Pastor of Riverview Community Church, he can bring a helpful voice to the commission from his perspective. EXHIBITS: None RECOMMENDED BY: Mayor Cooke YEA: N/A NAY: N/A BUDGET IMPACTS: None. MOTION: Confirm appointment of Andy Rosas to the Kent Human Services Commission to fill a vacant position expiring January 1, 2015 (7 months) and for an additional three-year term expiring January 1, 2018. This page intentionally left blank. Agenda Item: Consent Calendar – 7E TO: City Council DATE: May 20, 2014 SUBJECT: Telecommunications Franchise Ordinance with tw telecom of washington llc - Adopt SUMMARY: tw telecom of washington llc is a telecommunications company that wishes to install and operate telecommunications equipment in the city’s streets. This equipment will be used to provide data, dedicated internet access, and local and long distance voice services. tw telecom has requested that the City grant them a franchise laying out the terms and conditions under which this equipment is installed and the services provided. Pursuant to RCW 35A.47.040 the City has the authority to grant non-exclusive franchises for use of public streets and other rights-of-way. This franchise does not grant tw telecom authority to install any facilities without first obtaining appropriate permits, leases, easements, or other approvals as required. EXHIBITS: Ordinance No. ___, Franchise Agreement with tw telecom of washington llc RECOMMENDED BY: Public Works Committee YEA: Ralph – Higgins - Fincher NAY: BUDGET IMPACTS: The city is able to recover the costs of drafting and processing the franchise. Permit fees for specific projects would be charged separately. By law, the city is not able to charge a franchise fee; however, we will be able to charge utility taxes on gross receipts. MOTION: Adopt Ordinance No.______, granting tw telecom of washington llc a franchise to install and maintain facilities for a telecommunications network within the public rights-of-way of the City. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, granting to tw telecom of washington llc, and its successors and assigns, the right, privilege, authority and nonexclusive franchise for ten years, to construct, maintain, operate, replace, and repair a telecommunications network, in, across, over, along, under, through, and below certain designated public rights-of-way of the City of Kent, Washington. RECITALS 1. tw telecom of washington llc (“Franchisee”) has requested that the city council grant it a nonexclusive franchise, and 2. The city council has the authority to grant franchises for the use of its streets and other public properties pursuant to RCW 35A.47.040. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Franchise Granted. 1.1 Pursuant to RCW 35A.47.040, the city of Kent, a Washington municipal corporation (the “City”), grants to Franchisee, its successors, 1 Franchise – tw telecom legal representatives and assigns, subject to the terms and conditions set forth below, a Franchise for a period of ten (10) years, beginning on the effective date of this ordinance, set forth in Section 40. 1.2 This Franchise grants Franchisee the right, privilege, and authority to construct, operate, maintain, replace, acquire, sell, lease, and use all necessary Facilities for a telecommunications network in, under, on, across, over, through, along or below the public Rights-of-Ways located in the City of Kent, including such additional areas as may be subsequently included in the corporate limits of the City during the term of this Franchise (the “Franchise Area”), as approved pursuant to City permits issued pursuant to Section 8.2. The phrase “Rights-of-Way” (singular “Right-of-Way”) as used in this Franchise, means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle, pathways, spaces, or other public right-of-way, and over which the City has authority to grant permits, licenses or franchises for use thereof, or has regulatory authority thereover, excluding railroad right-of-way, airports, harbor areas, buildings, parks, poles, conduits, dedicated but un- opened right-of-way, and any land, facilities, or property owned, maintained, or leased by the City in its governmental or proprietary capacity or as an operator of a utility. “Facilities” as used in this Franchise means one or more elements of Franchisee’s telecommunications network, with all necessary cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary appurtenances; provided that new utility poles for overhead wires or cabling are specifically excluded. Equipment enclosures with air conditioning or other noise generating equipment are also excluded from “Facilities,” to the extent such equipment is located in zoned residential areas of the City. SECTION 2. - Authority Limited to Occupation of Public Rights-of- Way. 2 Franchise – tw telecom 2.1 The authority granted by this Franchise is a limited, non-exclusive authorization to occupy and use the City’s Rights-of-Way. Franchisee represents that it currently provides or expects to provide the following services within the City: Franchisee provides data, dedicated internet access, and local and long distance voice services, including IP voice services (the “Services”). Nothing contained within this Franchise shall be construed to grant or convey any right, title, or interest in the Rights-of- Way of the City to Franchisee other than for the purpose of providing the Services. A more detailed description of Franchisee’s telecommunications system and Services is described in Exhibit A. If Franchisee desires to expand the Services provided within the City, it shall provide written notification of the addition of such services prior to the addition of the service or within a reasonable time (not to exceed ninety (90) days) after such services are offered; provided, however, that Franchisee may not offer Cable Services pursuant to Section 2.3. 2.2 As described in Section 8, construction is not authorized without the appropriate permits, leases, easements, or approvals. This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City owned or leased properties of any kind outside of the incorporated area of the City or to install Facilities on, under, over, across, or otherwise use any City owned or leased property other than the City’s Rights-of-Way. This Franchise does not convey any right to Franchisee to install its Facilities on, under, over, or across any facility or structure owned by a third-party without such written approval of the third-party. No substantive expansions, additions to, or modifications or relocation of any of the Facilities shall be permitted without first having received appropriate permits from the City pursuant to Section 8.2. As of the effective date of this Franchise, Franchisee has no owned Facilities located in the City’s Rights-of-Way. 3 Franchise – tw telecom 2.3 Under this Franchise, the Facilities shall not be used for Cable Services as that term is defined in 47 U.S.C. § 522(6). 2.4 Franchisee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to its customers consistent with this Franchise provided: a. Franchisee at all times retains exclusive control over its telecommunications system, Facilities and Services and remains responsible for constructing, installing, and maintaining its Facilities pursuant to the terms and conditions of this Franchise; b. Franchisee may not grant rights to any customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise; c. Such customer or lessee shall not be construed to be a third- party beneficiary under this Franchise; and d. No such customer or lessee may use the telecommunications system or Services for any purpose not authorized by this Franchise. SECTION 3. - Non-Exclusive Franchise Grant. This Franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises in, along, over, through, under, below, or across any Rights-of-Way. This Franchise shall in no way prevent or prohibit the City from using any Rights-of-Way or affect its jurisdiction over any Rights-of-Way or any part of Right-of-Way, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of Right-of-Way as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new Rights-of-Way, thoroughfares, and other public properties of every type and description. 4 Franchise – tw telecom SECTION 4. - Location of Telecommunications Facilities. Franchisee is maintaining a telecommunications network consisting of Facilities within the City. Franchisee may locate its Facilities anywhere within the Franchise Area consistent with the City’s Design and Construction Standards and subject to the City’s applicable permit requirements. Franchisee shall not be required to amend this Franchise to construct or acquire Facilities within the Franchise Area. SECTION 5. - Relocation of Facilities. 5.1 Franchisee agrees and covenants to protect, support, temporarily disconnect, relocate, or remove from any Rights-of-Way any of its Facilities when reasonably required by the City by reason of traffic conditions or public safety, dedications of new Rights-of-Way and the establishment and improvement thereof, widening and improvement of existing Rights-of-Way, street vacations, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity or as otherwise necessary for the operations of the City or other governmental entity, provided that Franchisee shall in all such cases have the privilege to temporarily bypass in the authorized portion of the same Rights-of-Way upon approval by the City, which approval shall not unreasonably be withheld or delayed, any Facilities required to be temporarily disconnected or removed. Except as otherwise provided by law, the costs and expenses associated with relocations ordered pursuant to this Section 5.1 shall be borne by Franchisee. Nothing contained within this Franchise shall limit Franchisee’s ability to seek reimbursement for relocation costs when permitted by RCW 35.99.060. 5.2 Upon request of the City and in order to facilitate the design of City street and Right-of-Way improvements, Franchisee agrees, at its sole cost 5 Franchise – tw telecom and expense, to locate, and if determined necessary by the City, to excavate and expose its Facilities for inspection so that the Facilities’ location may be taken into account in the improvement design. The decision as to whether any Facilities need to be relocated in order to accommodate the City’s improvements shall be made by the City upon review of the location and construction of Franchisee’s Facilities. The City shall provide Franchisee at least fourteen (14) days’ written notice prior to any excavation or exposure of Facilities. 5.3 If the City determines that the project necessitates the relocation of Franchisee’s existing Facilities, the City shall: a. At least thirty (30) days prior to commencing the project, provide Franchisee with written notice requiring such relocation; provided, however, that in the event of an emergency situation, defined for purposes of this Franchise as a condition posing an imminent threat to property, life, health, or safety of any person or entity, the City shall give Franchisee written notice as soon as practicable; and b. Provide Franchisee with copies of pertinent portions of the plans and specifications for the improvement project and a proposed location for Franchisee’s Facilities so that Franchisee may relocate its Facilities in other City Rights-of-Way in order to accommodate such improvement project; and c. After receipt of such notice and such plans and specifications, Franchisee shall complete relocation of its Facilities at least ten (10) days prior to commencement of the City’s project at no charge or expense to the City, except as otherwise provided by law. Relocation shall be accomplished in such a manner as to accommodate the City’s project. In the event of an emergency situation, Franchisee shall relocate its Facilities within the time period specified by the City, recognizing that certain emergencies may require a shorter timeframe. 6 Franchise – tw telecom 5.4 Franchisee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation. Such alternatives must be submitted to the City at least thirty (30) days prior to commencement of the project. The City shall evaluate the alternatives and advise Franchisee in writing if one or more of the alternatives are suitable to accommodate the work that would otherwise necessitate relocation of the Facilities. If so requested by the City, Franchisee shall submit at its sole cost and expense additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Franchisee full and fair consideration. In the event the City ultimately determines that there is no other reasonable or feasible alternative, Franchisee shall relocate its Facilities as otherwise provided in this Section 5. 5.5 The provisions of this Section 5 shall in no manner preclude or restrict Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City- owned, operated, or maintained facilities, provided that such arrangements do not unduly delay a City construction project. 5.6 Franchisee will indemnify, hold harmless, and pay the costs of defending the City, in accordance with the provisions of Section 17.3, against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in a timely manner; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the negligence, willful misconduct, or unreasonable delay of the City or any unrelated third party. 7 Franchise – tw telecom 5.7 Whenever any person shall have obtained permission from the City to use any Right-of-Way for the purpose of moving any building, Franchisee, upon thirty (30) days’ written notice from the City, shall raise, remove, or relocate to another part of the Right-of-Way, at the expense of the person desiring to move the building, any of Franchisee’s Facilities that may obstruct the removal of such building. 5.8 If Franchisee fails, neglects, or refuses to remove or relocate its Facilities as directed by the City following the procedures outlined in Section 5.1 through Section 5.4 the City may perform such work or cause it to be done, and the City’s costs shall be paid by Franchisee pursuant to Section 15.3 and Section 15.4. 5.9 The provisions of this Section 5 shall survive the expiration or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights-of-Way. Additionally, the provisions of Section 5 are applicable only so long as the Right-of-Way is owned and/or controlled by the City. SECTION 6. - Undergrounding of Facilities. 6.1 Except as specifically authorized by permit of the City, Franchisee shall not be permitted to erect poles or to run or suspend wires, cables, or other facilities on existing poles, but shall lay wires, cables, or other facilities underground in the manner required by the City, as described in Kent City Code Chapter 7.10. Franchisee acknowledges and agrees that if the City does not require the undergrounding of its Facilities at the time of a permit application, the City may, at any time in the future, require the conversion of Franchisee’s aerial facilities to underground installation at Franchisee’s expense. Unless otherwise permitted by the City, Franchisee shall underground its Facilities in all new developments and subdivisions and any development or subdivision where utilities are currently underground. 8 Franchise – tw telecom 6.2 Whenever the City may require the undergrounding of the aerial utilities in any area of the City, Franchisee shall underground its aerial facilities in the manner specified by the City, concurrently with and in the area of the other affected utilities. The location of any relocated and underground utilities shall be approved by the City. Where other utilities are present and involved in the undergrounding project, Franchisee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Franchisee’s own Facilities. “Common costs” shall include necessary costs not specifically attributable to the undergrounding of any particular facility, such as costs for common trenching and utility vaults. “Fair share” shall be determined for a project on the basis of the number of conduits of Franchisee’s Facilities being undergrounded in comparison to the total number of conduits of all other utility facilities being undergrounded. This Section 6.2 shall only apply to the extent Franchisee has existing aerial utilities in the City or is specifically authorized to build aerial utilities by the City. 6.3 Within forty-eight (48) hours (excluding weekends and City- recognized holidays) following a request from the City, Franchisee shall locate underground Facilities by marking the location on the ground. The location of the underground Facilities shall be identified using orange spray paint, unless otherwise specified by the City, and within two feet of the actual location. 6.4 Franchisee shall be entitled to reasonable access to open utility trenches, provided that such access does not interfere with the City’s placement of utilities or increase the City’s costs. Franchisee shall pay to the City the actual cost to the City resulting from providing Franchisee access to an open trench, including without limitation the pro rata share of the costs of access to an open trench and any costs associated with the delay of the completion of a public works project. 9 Franchise – tw telecom 6.5 Franchisee shall not remove any underground cable or conduit that requires trenching or other opening of the Rights-of-Way along the extension of cable to be removed, except as provided in this Section 6.5. Franchisee may remove any underground cable from the Right-of-Way that has been installed in such a manner that it can be removed without trenching or other opening of the Right-of-Way along the extension of cable to be removed, or if otherwise permitted by the City. Franchisee may remove any underground cable from the Rights-of-Way where reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to Section 5. When the City determines, in the City’s sole discretion, that Franchisee’s underground Facilities must be removed in order to eliminate or prevent a hazardous condition, Franchisee shall remove the cable or conduit at Franchisee’s sole cost and expense. Underground cable and conduit in the Right-of-Way that is not removed shall be deemed abandoned and title thereto shall vest in the City at no cost to the City. Franchisee must apply and receive a permit, pursuant to Section 8.2, prior to any such removal of underground cable or conduit from the Right-of-Way and must provide as-built plans and maps pursuant to Section 7.1. 6.6 The provisions of this Section 6 shall survive the expiration, revocation, or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights-of-Way. Nothing in this Section 6 shall be construed as requiring the City to pay any costs of undergrounding any of Franchisee’s Facilities. SECTION 7. - Maps and Records. 7.1 After construction is complete, Franchisee shall provide the City with accurate copies of as-built plans and maps stamped and signed by a professional land engineer having a form and content reasonably prescribed by the Public Works Director or his/her designee. These plans 10 Franchise – tw telecom and maps shall be provided at no cost to the City, and shall include hard copies and digital files in Autocad or other industry standard readable formats that are acceptable to the City and delivered electronically. Franchisee shall provide such maps within ten (10) days following a request from the City. Franchisee shall warrant the accuracy of all plans, maps and as-builts provided to the City. 7.2 Within thirty (30) days of a written request from the City, Franchisee shall furnish the City with information sufficient to demonstrate: 1) that Franchisee has complied with all applicable requirements of this Franchise; and 2) that all taxes, including but not limited to sales, utility and/or telecommunications taxes due the City in connection with Franchisee’s Services and Facilities have been properly collected and paid by Franchisee. 7.3 All books, records, maps, and other documents maintained by Franchisee with respect to its Facilities within the Rights-of-Way shall be made available for inspection by the City at reasonable times and intervals; provided, however, that nothing in this Section 7.3 shall be construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall this Section 7.3 be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. Unless otherwise prohibited by State or federal law, nothing in this Section 7.3 shall be construed as permission to withhold relevant customer data from the City that the City requests in conjunction with a tax audit or review; provided, however, Franchisee may redact identifying information such as names, street addresses (excluding City and zip code), Social Security Numbers, or Employer Identification Numbers related to any confidentiality agreements Franchisee has with third parties. 11 Franchise – tw telecom 7.4 Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature. The City agrees to keep confidential any proprietary or confidential books or records to the extent permitted by law. Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. In the event that the City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary, the City shall promptly provide written notice of such disclosure so that Franchisee can take appropriate steps to protect its interests. Nothing in this Section 7.4 prohibits the City from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Franchisee for compliance with any law or court order requiring the release of public records. The City shall comply with any injunction or court order obtained by Franchisee that prohibits the disclosure of any such confidential records; however, in the event a higher court overturns such injunction or court order and such higher court action is or has become final and non-appealable, Franchisee shall reimburse the City for any fines or penalties imposed for failure to disclose such records as required hereunder within forty-five (45) days of a request from the City, unless additional time is reasonably necessary under the circumstances and is agreed to by the parties. SECTION 8. - Work in the Rights-of-Way. 8.1 During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner, so as to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper 12 Franchise – tw telecom barricades, flags, flaggers, lights, flares, and other measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. Franchisee shall, at its own expense, maintain its Facilities in a safe condition, in good repair, and in a manner suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious, or offensive nature or which would create a hazard or undue vibration, heat, noise, or any interference with City services. The provisions of this Section 8 shall survive the expiration of this Franchise during such time as Franchisee continues to have Facilities in the Rights-of-Way. 8.2 Whenever Franchisee shall commence work in any public Rights-of- Way for the purpose of excavation, installation, construction, repair, maintenance, or relocation of its cable or equipment, it shall apply to the City for a permit to do so and, in addition, shall give the City at least ten (10) working days prior notice of its intent to commence work in the Rights-of-Way. During the progress of the work, Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights-of-Way, and all work by Franchisee in the area shall be performed in accordance with applicable City standards and specifications and warranted for a period of two (2) years. In no case shall any work commence within any Rights-of-Way without a permit, except as otherwise provided in this Franchise. 8.3 If either the City or Franchisee shall at any time plan to make excavations in any area covered by this Franchise and as described in this Section 8.3, the party planning such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: 13 Franchise – tw telecom a. Such joint use shall not unreasonably delay the work of the party causing the excavation to be made; b. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and c. Either party may deny such request for safety reasons. 8.4 Except for emergency situations, Franchisee shall give at least seven (7) days’ prior notice of intended construction to residents in the affected area. Such notice shall contain the dates, contact number, nature and location of the work to be performed; a door hanger is permissible. At least twenty-four (24) hours prior to entering private property or streets or public easements adjacent to or on such private property, Franchisee shall physically post a notice on the property indicating the nature and location of the work to be performed; a door hanger is permissible. Franchisee shall make a good faith effort to comply with the property owner/resident’s preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Following performance of the work, Franchisee shall restore the private property as nearly as possible to its condition prior to construction, except for any change in condition not caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements on private property caused by Franchisee’s work shall, at the sole expense of Franchisee, be promptly repaired and restored to the reasonable satisfaction of the property owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right to enter onto private property without the permission of such private property owner, or as otherwise authorized by applicable law. 14 Franchise – tw telecom 8.5 Franchisee shall at all times comply with the safety requirements contained in Section 10 and all applicable federal, State and local safety requirements. 8.6 Franchisee may trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming in contact with Franchisee’s Facilities. The right to trim trees in this Section 8.6 shall only apply to the extent necessary to protect above ground Facilities. Franchisee shall ensure that its tree trimming activities protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal from such activities. Franchisee shall prepare and maintain a tree trimming schedule to ensure compliance with this Section 8.6 and to avoid exigent circumstances where tree cutting, trimming, or removal is necessary to protect the public safety or continuity of service. Franchisee shall submit the schedule to the Public Works Director or his/her designee. All trimming, except in emergency situations, is to be done after the explicit prior written notification and approval of the City and at the expense of Franchisee. Franchisee may contract for such services, however, any firm or individual so retained must first receive City approval prior to commencing such trimming. Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City. Franchisee shall be solely responsible and liable for any damage to any third parties’ trees or natural growth caused by Franchisee’s actions. Franchisee shall indemnify, defend and hold harmless the City from claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except 15 Franchise – tw telecom in an emergency situation, all tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture, unless otherwise approved by the Public Works Director or his/her designee. 8.7 Franchisee shall meet with the City and other franchise holders and users of the Rights-of-Way upon written notice as determined by the City, to schedule and coordinate construction in the Rights-of-Way. All construction locations, activities, and schedules shall be coordinated as ordered by the City to minimize public inconvenience, disruption, or damages. 8.8 Franchisee acknowledges that it, and not the City, shall be responsible for compliance with all marking and lighting requirements of the FAA and the FCC with respect to Franchisee’s Facilities. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused by Franchisee’s failure to comply with such requirements. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or Franchisee’s equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may, upon at least forty- eight (48) hours’ prior written notice to Franchisee, either terminate this Franchise immediately if the equipment is not brought into compliance by the expiration of such notice period or may proceed to cure the conditions of noncompliance at Franchisee’s expense, and collect all reasonable costs from Franchisee in accordance with the provisions of Section 15.3 and Section 15.4, but Franchisee shall not be liable for any claims, damages or liability resulting from City’s acts in effecting the cure on behalf of Franchisee. SECTION 9. - One Call Locator Service. Prior to doing any work in the Rights-of-Way, the Franchisee shall follow established procedures, 16 Franchise – tw telecom including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee’s Facilities or for interruptions in service to Franchisee’s customers that are a direct result of Franchisee’s failure to locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. SECTION 10. - Safety Requirements. 10.1 Franchisee shall, at all times, employ professional care and shall install and maintain and use industry-standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and connections in, over, under, and upon the Rights-of-Ways, wherever situated or located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities. By way of illustration and not limitation, Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. 10.2 If an unsafe condition or a violation of Section 10.1 is found to exist, and becomes known to the City, the City agrees to give Franchisee written notice of such condition and afford Franchisee a reasonable opportunity to repair the same. If Franchisee fails to start to make the 17 Franchise – tw telecom necessary repairs and alterations within the time frame specified in such notice (and pursue such cure to completion), then the City may make such repairs or contract for them to be made. All costs, including administrative costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee and reimbursed to the City pursuant to Section 15.3 and Section 15.4. 10.3 Additional safety standards include: a. Franchisee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable. b. All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry-standard engineering practices and shall comply with all federal, State, and local regulations, ordinances, and laws. c. Any opening or obstruction in the Rights-of-Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee at all times by the placement of adequate barriers, fences, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible at night. SECTION 11. - Work of Contractors and Subcontractors. Franchisee’s contractors and subcontractors shall be licensed and bonded in accordance with State law and the City’s ordinances, regulations, and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall 18 Franchise – tw telecom ensure that all such work is performed in compliance with this Franchise and applicable law. SECTION 12. - City Conduit. Except in emergency situations, Franchisee shall inform the Public Works Director with at least thirty (30) days’ advance written notice that it is constructing, relocating, or placing ducts or conduits in the Rights-of-Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit, and related structures necessary to access the conduit pursuant to and subject to RCW 35.99.070. Such notification shall be in addition to the requirement to apply for and obtain permits pursuant to Section 8.2. SECTION 13. - Restoration after Construction. 13.1 Franchisee shall, after installation, construction, relocation, maintenance, or repair of its Facilities, or after abandonment approved pursuant to Section 19, promptly remove any obstructions from the Rights-of-Way and restore the surface of the Rights-of-Way to at least the same condition the Rights-of-Way were in immediately prior to any such installation, construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for any changes to the Rights-of-Way not caused by Franchisee or anyone doing work for Franchisee. The Public Works Director or his/her designee shall have final approval of the condition of such Rights-of-Way after restoration. All concrete encased monuments that have been disturbed or displaced by such work shall be restored pursuant to federal, state (Chapter 332-120 WAC), and local standards and specifications. 13.2 Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by work to the Franchise Area or other affected area at its sole costs and expense and according to the time and terms specified in the construction permit issued by the City. All work 19 Franchise – tw telecom by Franchisee pursuant to this Franchise shall be performed in accordance with applicable City standards and warranted for a period of two (2) years and for undiscovered defects as is standard and customary for this type of work. 13.3 If conditions (e.g. weather) make the complete restoration required under Section 13 impracticable, Franchisee shall temporarily restore the affected Right-of-Way or property. Such temporary restoration shall be at Franchisee’s sole cost and expense. Franchisee shall promptly undertake and complete the required permanent restoration when conditions no longer make such permanent restoration impracticable. 13.4 In the event Franchisee does not repair a Right-of-Way or an improvement in or to a Right-of-Way within the time agreed to by the Public Works Director, or his/her designee, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an itemized invoice to Franchisee in accordance with the provisions of Section 15.3 and Section 15.4. In addition, and pursuant to Section 15.3 and Section 15.4, the City may bill Franchisee for expenses associated with the inspection of such restoration work. 13.5 The provisions of this Section 13 shall survive the expiration or termination of this Franchise so long as Franchisee continues to have Facilities in the Rights-of-Way and has not completed all restoration to the City’s standards. SECTION 14. - Emergencies. 14.1 In the event of any emergency in which any of Franchisee’s Facilities located in or under any street endangers the property, life, health, or safety of any person, entity or the City, or if Franchisee’s construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any person, entity or the 20 Franchise – tw telecom City, Franchisee shall immediately take the proper emergency measures to repair its Facilities and to cure or remedy the dangerous conditions for the protection of property, life, health, or safety of any person, entity or the City, without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve Franchisee from the requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such permits not later than the next succeeding day during which the Kent City Hall is open for business. The City retains the right and privilege to cut or move any Facilities located within the Rights-of-Way of the City, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. The City shall notify Franchisee by telephone promptly upon learning of the emergency and shall exercise reasonable efforts to avoid an interruption of Franchisee’s operations. 14.2 Whenever the construction, installation, or excavation of Facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, an adjoining public place, street utilities, City property, Rights-of-Way, or private property (collectively “Endangered Property”) or endangers the public, the Public Works Director or his/her designee, may direct Franchisee, at Franchisee’s own expense, to take reasonable action to protect the Endangered Property or the public, and such action may include compliance within a prescribed time. In the event that Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if an emergency situation exists that requires immediate action before the City can timely contact Franchisee to request Franchisee effect the immediate repair, the City may enter upon the Endangered Property and take such reasonable actions as are necessary to protect the Endangered Property or the public. Franchisee 21 Franchise – tw telecom shall be liable to the City for the costs of any such repairs in accordance with the provisions of Sections 15.3 and 15.4. 14.3 The City shall not be liable for any damage to or loss of Facilities within the Rights-of-Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights-of-Way by or on behalf of the City, unless directly and proximately caused by the gross negligence or willful acts of the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City’s actions under this Section 14 unless caused by the gross negligence or willful acts of the City, its employees, contractors, or agents. SECTION 15. - Recovery of Costs. 15.1 Franchisee shall pay a grant fee in the maximum amount of Eleven Thousand, Two Hundred, Thirty Seven and 52/100 Dollars ($11,237.52) for the City’s administrative, legal, and other costs incurred in drafting and processing this Franchise and all work related thereto. No construction permits shall be issued for the installation of Facilities authorized until such time as the City has received payment of the grant fee. Franchisee shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section 15.3. 22 Franchise – tw telecom 15.2 In addition to Section 15.1, Franchisee shall promptly reimburse the City in accordance with the provisions of Section 15.3 and Section 15.4 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee’s Facilities, to the extent said emergency is not the fault of the City. The City agrees to simultaneously seek reimbursement from any franchisee or permit holder who caused or contributed to the emergency situation. 15.3 Franchisee shall reimburse the City within sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee’s proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee’s Facilities in the Rights-of-Way. Such costs and expenses shall include but not be limited to Franchisee’s proportionate cost of City personnel assigned to oversee or engage in any work in the Rights-of-Way as the result of the presence of Franchisee’s Facilities in the Rights-of-Way. Such costs and expenses shall also include Franchisee’s proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of Franchisee’s Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee’s Facilities. 15.4 The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. At the City’s option, the billing may be on an annual basis, but the City shall provide the Franchisee with the City’s 23 Franchise – tw telecom itemization of costs, in writing, at the conclusion of each project for information purposes. SECTION 16. - City’s Reservation of Rights. 16.1 Franchisee represents that its Services, as authorized under this Franchise, are a telephone business as defined in RCW 82.16.010, or that it is a service provider as used in RCW 35.21.860 and defined in RCW 35.99.010. As a result, the City will not impose franchise fees under the terms of this Franchise. The City reserves its right to impose a franchise fee on Franchisee if Franchisee’s Services as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply or if statutory prohibitions on the imposition of such fees are otherwise removed. The City also reserves its right to require that Franchisee obtain a separate franchise for a change in use, which franchise may include provisions intended to regulate Franchisee’s operations as allowed under applicable law. Nothing contained within this Franchise shall preclude Franchisee from challenging any such new fee or separate agreement under applicable federal, State, or local laws. 16.2 Franchisee acknowledges that its operation with the City constitutes a telephone business subject to the utility tax imposed pursuant to the Kent City Code Chapter 3.18. Franchisee understands that RCW 35.21.870 currently limits the rate of city tax upon telephone business activities to six percent (6%) of gross income (as that term is defined in Kent City Code Chapter 3.18), unless a higher rate is otherwise approved. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a telephone business and that Franchisee shall pay to the City the rate applicable to such taxable services under Kent City Code Chapter 3.18, and consistent with state and federal law. The parties agree however, that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This 24 Franchise – tw telecom provision does not limit the City's power to amend Kent City Code Chapter 3.18 as may be permitted by law. SECTION 17. Indemnification. 17.1 Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or damage to property caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted within this Franchise. 17.2 Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this Section 17. These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee’s prior written consent, prior to the culmination of any litigation or the institution of any litigation. 17.3 The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section 17.3. City’s failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee’s ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City’s reasonable costs for defense of the 25 Franchise – tw telecom action, including all expert witness fees, costs, and attorney’s fees, and including costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City, then upon the prior written approval and consent of Franchisee, which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief, restraining order or injunction. The City’s fees and expenses shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City but shall not include outside attorneys’ fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. 17.4 The parties acknowledge that this Franchise is subject to RCW 4.24.115. Accordingly, 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 Franchisee and the City, its officers, officials, employees, and volunteers, Franchisee’s liability shall be only to the extent of Franchisee’s negligence. It is further specifically and expressly understood that the indemnification provided constitutes Franchisee’s waiver of immunity under Title 51 RCW, solely for the 26 Franchise – tw telecom purposes of this indemnification. This waiver has been mutually negotiated by the parties. 17.5 Notwithstanding any other provisions of this Section 17, Franchisee assumes the risk of damage to its Facilities located in the Rights-of-Way and upon City-owned property from activities conducted by the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors, except to the extent any such damage or destruction is caused by or arises from any grossly negligent, willful, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Franchisee’s Facilities as the result of any interruption of service due to damage or destruction of Franchisee’s Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. 17.6 The provisions of this Section 17 shall survive the expiration, revocation, or termination of this Franchise. SECTION 18. - Insurance. 18.1 Franchisee shall procure and maintain for so long as Franchisee has Facilities in the Rights-of-Way, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of rights, privileges and authority granted to Franchisee, 27 Franchise – tw telecom its agents representatives or employees. Franchisee shall require that every subcontractor maintain insurance coverage and policy limits consistent with this Section 18 with the exception of umbrella liability, where contractors of Franchisee shall maintain $5,000,000 per occurrence and aggregate policy limits. Franchisee shall procure insurance from insurers with a current A.M. Best rating of not less than A-. Franchisee shall provide a copy of a certificate of insurance and additional insured endorsement to the City for its inspection at the time of or prior to acceptance of this Franchise, and such insurance certificate shall evidence a policy of insurance that includes: a. Automobile Liability insurance with limits no less than $2,000,000 combined single limit per occurrence for bodily injury and property damage. Franchisee currently maintains a $100,000 per occurrence deductible; b. Commercial General Liability insurance, written on an occurrence basis with limits no less than $3,000,000 combined single limit per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; premises; operations; independent contractors; stop gap liability; personal injury; products and completed operations; broad form property damage; explosion, collapse and underground (XCU); and employer’s liability. Franchisee currently maintains a $25,000 per occurrence deductible; c. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. No deductible is presently required for this insurance; and d. Umbrella liability policy with limits not less than $10,000,000 per occurrence and in the aggregate. Franchisee currently maintains a $10,000 per occurrence deductible. 28 Franchise – tw telecom 18.2 Any deductibles or self-insured retentions must be declared to and approved by the City. Such approval shall not be unreasonably withheld or delayed. The City acknowledges that Franchisee’s current deductibles are subject to change based on business needs and the commercial insurance market. Payment of deductible or self-insured retention shall be the sole responsibility of Franchisee. Additionally, Franchisee shall pay all premiums for the insurance on a timely basis. Franchisee may utilize primary and umbrella liability insurance policies to satisfy the insurance policy limits required in this Section 18. Franchisee’s umbrella liability insurance policy provides “follow form” coverage over its primary liability insurance policies. 18.3 The insurance policies, with the exception of Workers’ Compensation obtained by Franchisee shall name the City, its officers, officials, employees, agents, and volunteers (“Additional Insureds”), as an additional insured with regard to activities performed by or on behalf of Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Franchisee shall provide to the City prior to or upon acceptance either (1) a true copy of the additional insured endorsement for each insurance policy required in this Section 18 and providing that such insurance shall apply as primary insurance on behalf of the Additional Insureds or (2) a true copy of the blanket additional insured clause from the policies. Receipt by the City of any certificate showing less coverage than required is not a waiver of Franchisee’s obligations to fulfill the requirements. Franchisee’s insurance shall be primary insurance as respects the Additional Insureds, and the endorsement should specifically state that the insurance is the primary insurance. Any insurance maintained by the 29 Franchise – tw telecom Additional Insureds shall be in excess of Franchisee’s insurance and shall not contribute with it. 18.4 Franchisee is obligated to notify the City of any cancellation or intent not to renew any insurance policy, required pursuant to this Section 18, ninety (90) days prior to any such cancellation. Within thirty (30) days prior to said cancellation or intent not to renew, Franchisee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section 18. Failure to provide the insurance cancellation notice and to furnish to the City replacement insurance policies meeting the requirements of this Section 18 shall be considered a material breach of this Franchise and subject to the City’s election of remedies described in Section 21 below. Notwithstanding the cure period described in Section 21.2, the City may pursue its remedies immediately upon a failure to furnish replacement insurance. 18.5 Franchisee’s maintenance of insurance as required by this Section 18 shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or equity. Further, Franchisee’s maintenance of insurance policies required by this Franchise shall not be construed to excuse unfaithful performance by Franchisee. SECTION 19. - Abandonment of Franchisee’s Telecommunications Network. Upon the expiration, termination, or revocation of the rights granted under this Franchise, Franchisee shall remove all of its Facilities from the Rights-of-Way within thirty (30) days of receiving written notice from the Public Works Director or his/her designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without written approval by the City. Any plan for abandonment or removal of Franchisee’s Facilities must be first approved by the Public Works Director or his/her designee, and all necessary permits must be obtained prior to 30 Franchise – tw telecom such work. Notwithstanding the above, the City may permit Franchisee’s improvements to be abandoned and placed in such a manner as the City may prescribe. Upon permanent abandonment, and Franchisee’s agreement to transfer ownership of the Facilities to the City, Franchisee shall submit to the City a proposal and instruments for transferring ownership to the City. Any Facilities that are not permitted to be abandoned in place and that are not removed within thirty (30) days of receipt of City’s notice shall automatically become the property of the City. Provided, however, that nothing contained within this Section 19 shall prevent the City from compelling Franchisee to remove any such Facilities through judicial action when the City has not permitted the Franchisee to abandon said Facilities in place. The provisions of this Section 19 shall survive the expiration, revocation, or termination of this Franchise. SECTION 20. - Bonds. 20.1 Construction Guarantee. As a condition of performing work in the Right-of-Way, the timely, complete, and faithful performance of all construction work in the Right-of-Way shall be guaranteed in an amount equal to one hundred twenty five percent (125%) of the cost estimate (prepared by a licensed contractor, professional engineer, or architect) of the construction work. The guarantee may be by performance bond or irrevocable letter of credit. If Franchisee, in the sole judgment of the City, has a history of corrections or defaults Franchisee must provide the full guarantee by assignment of funds. These funds shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights-of-Way and other City properties affected by the construction; (5) submission of as-built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection 31 Franchise – tw telecom with the work that could be asserted against the City or City property. The guarantee must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work, recording of all easements, provision of as-built drawings, and the posting of a maintenance guarantee as described in Section 20.2. Compliance with the performance guarantee requirement of the City’s current Design and Construction Standards shall satisfy the provisions of this Section 20.1. 20.2 Maintenance Guarantee. Maintenance and the successful operation of the Right-of-Way improvements shall be bonded for a period of at least two (2) years (or other period as required by Kent City Code) from the date of final construction approval. The bond shall be in an amount to be determined by the City. The minimum maintenance guarantee shall be Five Thousand Dollars ($5,000.00) or twenty percent (20%) of the original performance construction guarantee as described in Section 20.1, whichever is greater. At 6-month intervals during this maintenance period, the City will inspect the improvements and identify to Franchisee any noted deficiencies. Franchisee will have thirty (30) days to correct any deficiencies. The satisfactory correction of the work may commence a new two (2) year maintenance period for the improvements as corrected, as determined by the City. The City will initiate collection against the financial guarantee if deficiencies are not satisfactorily addressed by the end of the 30-day response period. Compliance with the maintenance guarantee requirement of the City’s current Design and Construction Standards shall satisfy the provisions of this Section 20.2. 20.3 Original financial guarantee amounts described in Section 20.1 and Section 20.2 above may be reduced one time only prior to the maintenance period, at the discretion of the City. If an extension to any associated permits are granted, the financial guarantees may be increased based on an updated engineer’s cost estimate or as determined by the 32 Franchise – tw telecom City. Financial guarantees will be fully released only after all final punchlist items are accomplished, final construction approval, and the elapse of the two (2) year maintenance guarantee period with all corrective actions complete and accepted by the City. 20.4 Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) (“Franchise Bond”) running or renewable for the term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise, following written notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of Facilities . Franchisee specifically agrees that its failure to comply with the terms of this Section 20.4 shall constitute a material breach of this Franchise, subject to the notice and cure provisions of Section 21.2. Franchisee further agrees to replenish the Franchise Bond within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the Franchise Bond. The amount of the Franchise Bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. 20.5 All bonds provided to the City under this Section 20 shall be on forms provided by the City and with sureties registered with the Washington State Insurance Commissioner or other financial institutions acceptable to the City. SECTION 21. - Remedies to Enforce Compliance. 33 Franchise – tw telecom 21.1 In addition to any other remedy provided in this Franchise, the City reserves the right to pursue any remedy available at law or in equity to compel or require Franchisee and/or its successors and assigns to comply with the terms of this Franchise and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a revocation for breach of the conditions. In addition to any other remedy provided in this Franchise, Franchisee reserves the right to pursue any remedy available at law or in equity to compel or require the City, its officers, employees, volunteers, contractors and other agents and representatives, to comply with the terms of this Franchise. Further, all rights and remedies provided herein shall be in addition to and cumulative with any and all other rights and remedies available to either the City or Franchisee. Such rights and remedies shall not be exclusive, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as provided by law, equity or otherwise, and nothing contained in this Franchise shall be deemed or construed to effect any such waiver. The parties reserve the right to seek and obtain injunctive relief with respect to this Franchise to the extent authorized by applicable law and that the execution of this Franchise shall not constitute a waiver or relinquishment of such right. The parties agree that in the event a party obtains injunctive relief, neither party shall be required to post a bond or other security and the parties agree not to seek the imposition of such a requirement. 21.2 If either party violates or fails to comply with any of the provisions of this Franchise or a permit issued as required by Section 8.2, or should it fail to heed or comply with any notice given to such party under the provisions of this Franchise (the “Defaulting Party”), the other Party (the 34 Franchise – tw telecom “Non-defaulting Party”) shall provide the Defaulting Party with written notice specifying with reasonable particularity the nature of any such breach and the Defaulting Party shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the Non-defaulting Party reasonably determines the breach cannot be cured within (30) thirty days, the Non-defaulting Party may specify a longer cure period, and condition the extension of time on the Defaulting Party’s submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Defaulting Party does not comply with the specified conditions, the Non-defaulting Party may pursue any available remedy at law or in equity as provided in Section 20.1 above, or in the event Franchisee has failed to timely cure the breach, the City, at its sole discretion, may elect to (1) revoke this Franchise pursuant to Section 22, (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against Franchisee (and collect from the Franchise Bond if necessary), or (3) extend the time to cure the breach if under the circumstances additional time is reasonably required. SECTION 22. - Revocation. If Franchisee willfully violates or fails to comply with any material provisions of this Franchise, then at the election of the Kent City Council after at least thirty (30) days written notice to Franchisee specifying the alleged violation or failure, the City may revoke all rights conferred and this Franchise may be revoked by the Council after a hearing held upon such notice to Franchisee. Such hearing shall be open to the public and Franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged noncompliance. Within thirty (30) days after the hearing, the Kent City Council, on the basis of the record, will make the determination as to whether there is cause for revocation, whether the Franchise will be 35 Franchise – tw telecom terminated, or whether lesser sanctions should otherwise be imposed. The Kent City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the Kent City Council does not grant any additional period, the Kent City Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is otherwise in compliance with the Franchise. SECTION 23. - Non-Waiver. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Franchise or to exercise any option conferred in any one or more instances shall not be construed to be a waiver or relinquishment of any such covenants, agreements, or option or any other covenants, agreements or option. SECTION 24. - Police Powers and City Regulations. Nothing within this Franchise shall be deemed to restrict the City’s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any valid ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to reasonably control by appropriate regulations, consistent with 47 U.S.C. § 253, the location, elevation, manner of construction, and maintenance of any Facilities by Franchisee, and Franchisee shall promptly conform with all such regulations, unless compliance would cause Franchisee to violate other requirements of law. The City reserves the right to promulgate any additional regulations of general applicability as it may find necessary in the exercise of its lawful police powers consistent with 47 U.S.C. § 253. In the event of a conflict between the provisions of 36 Franchise – tw telecom this Franchise and any other ordinance(s) enacted under the City’s police power authority, such other ordinances(s) shall take precedence over this Franchise. SECTION 25. - Cost of Publication. The cost of publication of this Franchise shall be borne by Franchisee. SECTION 26. - Acceptance. This Franchise may be accepted by Franchisee by its filing with the City Clerk of an unconditional written acceptance, within sixty (60) days from the City’s execution of this Franchise, in the form attached as Exhibit B. Failure of Franchisee to so accept this Franchise shall be deemed a rejection by Franchisee and the rights and privileges granted shall cease. In addition, Franchisee shall file the certificate of insurance and the additional insured endorsements obtained pursuant to Section 18, any construction guarantees, if applicable, pursuant to Section 20.1, the Franchise Bond required pursuant to Section 20.4, and the costs described in Section 15.1. SECTION 27. - Survival. All of the provisions, conditions, and requirements of Section 5, Section 6, Section 8, Section 13, Section 17, Section 18, Section 19, Section 20, and Section 28 of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive this Franchise, and any renewals or extensions, to the extent provided for in those sections. All of the provisions, conditions, regulations, and requirements contained in this Franchise shall further be binding upon the successors, executors, administrators, legal representatives, and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure to its successors and assigns equally as if they were specifically mentioned where Franchisee is named. SECTION 28. - Changes of Ownership or Control. 37 Franchise – tw telecom 28.1 This Franchise may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless approved in writing by the City, which approval shall not be unreasonably withheld, conditioned or delayed. The above notwithstanding, Franchisee may freely assign this Franchise in whole or in part to a parent, subsidiary, or affiliated entity, unless there is a change of control as described in Section 28.2 below. Franchisee shall provide prompt, written notice to the City of any such assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section 28, no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee’s stock; provided, however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject the provisions of this Franchise. 28.2 Any transactions that singularly or collectively result in a change of more than fifty percent (50%) of the: ultimate ownership or working control of Franchisee, ownership or working control of the Facilities, ownership or working control of affiliated entities having ownership or working control of Franchisee or of the Facilities, or of control of the capacity or bandwidth of Franchisee’s Facilities, shall be considered an assignment or transfer requiring City approval. Transactions between affiliated entities are not exempt from City approval if there is a change in control as described in the preceding sentence. Franchisee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Franchisee. Every change, transfer, or acquisition of control of Franchisee shall cause a review of the proposed transfer. The City shall approve or deny such request for an assignment or transfer requiring City’s consent within one-hundred (120) 38 Franchise – tw telecom days of a completed application from Franchisee, unless a longer period of time is mutually agreed to by the parties or when a delay in the action taken by the City is due to the schedule of the City Council and action cannot reasonably be obtained within the one hundred twenty (120) day period. In the event that the City adopts a resolution denying its consent and such change, transfer, or acquisition of control has been effected, the City may revoke this Franchise, following the revocation procedure described in Section 22 above. The assignee or transferee must have the legal, technical, financial, and other requisite qualifications to own, hold, and operate Franchisee’s Services. Franchisee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Franchise, in accordance with the provisions of Section 15.3 and Section 15.4, and shall pay the applicable application fee. 28.3 Franchisee may, without prior consent from the City: (i) lease the Facilities, or any portion, to another person; (ii) grant an indefeasible right of user interest in the Facilities, or any portion, to another person; or (iii) offer to provide capacity or bandwidth in its Facilities to another person, provided further, that Franchisee shall at all times retain exclusive control over its Facilities and remain fully responsible for compliance with the terms of this Franchise, and Franchisee shall furnish, upon request from the City, a copy of any such lease or agreement, provided that Franchisee may redact the name, street address (except for City and zip code), Social Security Numbers, Employer Identification Numbers or similar identifying information, and other information considered confidential under applicable laws provided in such lease or agreement, and the lessee complies, to the extent applicable, with the requirements of this Franchise and applicable City codes. Franchisee’s obligation to remain fully responsible for compliance with the terms under this Section 28.3 shall survive the expiration of this Franchise but only if and to the extent and 39 Franchise – tw telecom for so long as Franchisee is still the owner or has exclusive control over the Facilities used by a third party. SECTION 29. - Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter within this Franchise and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Franchise. SECTION 30. - Eminent Domain. The existence of this Franchise shall not preclude the City from acquiring by condemnation in accordance with applicable law, all or a portion of Franchisee’s Facilities for the fair market value. In determining the value of such Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise. SECTION 31. - Vacation. If at any time the City, by ordinance and in accordance with applicable laws, vacates all or any portion of the area affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than sixty (60) days before vacating all or any portion of any such area. The City may, after sixty (60) days’ written notice to Franchisee, terminate this Franchise with respect to such vacated area. SECTION 32. - Notice. Any notice or information required or permitted to be given to the parties under this Franchise shall be sent to the following addresses unless otherwise specified by personal delivery, overnight mail by a nationally recognized courier, or by U.S. certified mail, return receipt requested and shall be effective upon receipt or refusal of delivery: CITY OF KENT tw telecom of washington llc Attn: City Clerk Attn: Vice President of Regulatory 220 Fourth Avenue South 10475 Park Meadows Drive 40 Franchise – tw telecom Kent, WA 98032 Littleton, CO 80124 Telephone: Telephone: 206-676-8052 with a copy to: tw telecom of washington llc Attn: SVP and General Counsel 10475 Park Meadows Drive Littleton, CO 80124 Telephone: 303-566-1279 SECTION 33. - Severability. If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Franchise unless such invalidity or unconstitutionality materially alters the rights, privileges, duties, or obligations, in which event either party may request renegotiation of those remaining terms of this Franchise materially affected by such court’s ruling. SECTION 34. - Compliance with all Applicable Laws. Each party agrees to comply with all present and future federal, state, and local laws, ordinances, rules, and regulations. This Franchise is subject to ordinances of general applicability enacted pursuant to the City’s police powers. The City reserves the right at any time to amend this Franchise to conform to any enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City ordinance enacted pursuant to such federal or state statute or regulation, when such statute, regulation, or ordinance necessitates this Franchise be amended in order to remain in compliance with applicable laws, but only upon providing Franchisee with thirty (30) days’ written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective 41 Franchise – tw telecom upon expiration of the notice period unless, before expiration of that period, Franchisee makes a written request for negotiations regarding the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, either party may pursue any available remedies at law or in equity. SECTION 35. - Attorney Fees. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, each party shall pay all its legal costs and attorney 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 section shall be construed to limit the City’s right to indemnification under Section 17 of this Franchise. SECTION 36. - Hazardous Substances. Franchisee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its agents, contractors, or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, costs, and liabilities including reasonable attorney fees and costs, arising out of or in connection with the cleanup or restoration of the property to the extent caused by Franchisee’s use, storage, or disposal of hazardous substances, whether or not intentional, and the use, storage, or disposal of such substances by Franchisee’s agents, contractors, or other persons acting under Franchisee’s control, whether or not intentional. Franchisee shall have only that responsibility or liability for managing, monitoring, or abating a hazardous condition that it may have under state or federal law and this Franchise shall not be interpreted to expand Franchisee’s legal 42 Franchise – tw telecom obligations relating to any pre-existing hazardous substances undisturbed by Franchisee. SECTION 37. - Licenses, Fees and Taxes. Prior to constructing any Facilities or providing Services within the City, Franchisee shall obtain a business or utility license from the City, if so required. Franchisee shall pay all applicable taxes on personal property and Facilities owned or placed by Franchisee in the Rights-of-Way and shall pay all applicable license fees, permit fees, and any applicable tax unless documentation of exemption is provided to the City and shall pay utility taxes and license fees properly imposed by the City under this Franchise. SECTION 38. - Miscellaneous. 38.1 The City and Franchisee respectively represent that their respective signatories are duly authorized and have full right, power, and authority to execute this Franchise on such party’s behalf. 38.2 This Franchise shall be construed in accordance with the laws of the State of Washington. The United States District Court for the Western District of Washington, and King County Superior Court have proper venue for any dispute related to this Franchise. 38.3 Section captions and headings are intended solely to facilitate the reading of this Franchise. Such captions and headings shall not affect the meaning or interpretation of the text within this Franchise. 38.4 Where the context so requires, the singular shall include the plural and the plural includes the singular. 38.5 Franchisee shall be responsible for obtaining all other required approvals, authorizations, and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty, or covenant whether any of the foregoing approvals, 43 Franchise – tw telecom authorizations, or agreements are required or have been obtained by Franchisee. 38.6 This Franchise is subject to all applicable federal, State and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934, as amended, the Telecommunications Act of 1996, as amended and the Rules and Regulations of the FCC. Neither the City nor Franchisee waive any rights they may have under any such laws, rules or regulations. 38.7 There are no third party beneficiaries to this Franchise. 38.8 This Franchise may be enforced at both law and in equity. SECTION 39. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 40. – Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 44 Franchise – tw telecom APPROVED AS TO FORM: ARTHUR FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of , 20__. APPROVED: day of , 20__. PUBLISHED: day of , 20__. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\tw telecom Franchise Ordinance.docx 45 Franchise – tw telecom EXHIBIT A INCLUDE A DESCRIPTION OF FRANCHISEE’S TELECOMMUNICATIONS SYSTEM AND SERVICES 46 Franchise – tw telecom EXHIBIT B STATEMENT OF ACCEPTANCE tw telecom of washington llc (“TWTC”) for itself, its successors and assigns, accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached and incorporated by this reference. TWTC declares that it has carefully read the terms and conditions of this Franchise and unconditionally accepts all of the terms and conditions of the Franchise and agrees to abide by such terms and conditions. TWTC has relied upon its own investigation of all relevant facts and it has not been induced to accept this Franchise and it accepts all reasonable risks related to the interpretation of this Franchise. tw telecom of washington llc by: tw telecom holdings inc., its sole member By: _____________________ Date: _______________________ Name: ____________________ Title: ____________________ ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss. COUNTY OF DOUGLAS ) I, , a Notary Public in and for the State of Colorado, do hereby certify that _________________________________ of tw telecom holdings inc., sole member of tw telecom of washington llc, did personally appear before me affixing his/her signature on the attached document. Sworn and Subscribed this day of ____________________, 2014. Notary Public My commission expires . [SEAL] 47 Franchise – tw telecom This page intentionally left blank. Agenda Item: Consent Calendar – 7F TO: City Council DATE: May 20, 2014 SUBJECT: Washington State Department of Natural Resources Aquatic Lands Easements for Existing Sanitary Sewer & Pedestrian Bridge Crossing - Authorize SUMMARY: In 2000, the City of Kent secured 12 year Aquatic Lands Easements from the Washington Department of Natural Resources (WA DNR) for a sanitary sewer line (Easement No. 51-A71747) and pedestrian bridge crossing (Easement No. 51- A71513) over the Green River. These facilities serve the Riverview neighborhood on the west side of the river. The easements for these facilities have expired. Staff has worked with WA DNR to develop 30-year Aquatic Lands Easements for these crossings. The WA DNR manages state owned aquatic lands including navigable rivers such as the Green River. The easements are a state requirement. EXHIBITS: 1) Aquatic Lands Easement No. 51-A71747, Sanitary Sewer 2) Aquatic Lands Easement No. 51-A71513, Pedestrian Bridge Crossing RECOMMENDED BY: Public Works Committee YEA: Ralph – Fincher - Higgins NAY: BUDGET IMPACTS: There is no unbudgeted fiscal impact. MOTION: Authorize the Mayor to sign Aquatic Lands Easements from the Washington Department of Natural Resources for the exiting sanitary sewer and pedestrian bridge crossing over the Green River, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. This page intentionally left blank. When recorded, return to: City of Kent 220 Fourth Avenue South Kent, WA 98032 AQUATIC LANDS EASEMENT Easement No. 51-A71747 Grantor: Washington State Department of Natural Resources Grantee(s): City of Kent Legal Description: Section 10, Township 22 North, Range 4 East, W.M. Assessor’s Property Tax Parcel or Account Number: Not Applicable Assessor’s Property Tax Parcel or Account Number for Upland parcel used in conjunction with this Easement: Not Applicable THIS AGREEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources (“State”), and the CITY OF KENT, a government agency/entity (“Grantee”). State has authority to enter into this Easement under Chapter 43.12 RCW, Chapter 43.30 RCW, and Title 79 of the Revised Code of Washington (RCW). THE Parties agree as follows: SECTION 1 GRANT OF EASEMENT 1.1 Easement Defined. (a) State grants and conveys to Grantee a nonexclusive easement, subject to the terms and conditions of this agreement, over, upon, and under the real property at the Green River: described in Exhibit A. In this agreement, the term “Easement” means this agreement and the rights granted; the term “Easement Property” means the real property subject to the easement. Aquatic Lands Easement Page 1 of 26 Easement No. 51-A71747 (b) This Easement is subject to all valid interests of third parties noted in the records of King County, or on file in the Office of the Commissioner of Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or federal navigation servitude; and treaty rights of Indian Tribes. (c) This Easement does not include any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel, or other valuable materials. (d) This Easement does not include the right to grant easements and franchises to third parties. State reserves the right to reasonably grant, condition, or approve all third party easements and franchises regardless of whether the third party’s use is incidental to the Easement. State shall not unreasonably condition or deny third- party easements or franchises necessary for continuation of utilities, including communication systems. 1.2 Survey and Easement Property Descriptions. (a) Grantee prepared Exhibit A, which describes the Easement Property. Grantee represents that Exhibit A is a true and accurate description of the Easement boundaries and the improvements to be constructed or already existing in the Easement area. Grantee’s obligation to provide a true and accurate description of the Easement Property boundaries is a material term of this Easement. (b) State’s acceptance of Exhibit A does not constitute agreement that Grantee’s property description accurately reflects the actual amount of land used by Grantee. State reserves the right to retroactively adjust fees if at any time during the Term State discovers a discrepancy between Grantee’s property description and the area actually used by Grantee. 1.3 Condition of Easement Property. State makes no representation regarding the condition of the Easement Property, improvements located on the Easement Property, the suitability of the Easement Property for Grantee’s Permitted Use, compliance with governmental laws and regulations, availability of utility rights, access to the Easement Property, or the existence of hazardous substances on the Easement Property. SECTION 2 USE 2.1 Permitted Use. Grantee shall use the Easement Property for: a sewer force main (the “Permitted Use”), and for no other purpose, including utilities unless specifically identified as part of the Permitted Use. The Permitted Use is described or shown in detail in Exhibit B. 2.2 Restrictions on Use. (a) The limitations in this Paragraph 2.2 apply to the Property and adjacent state- owned aquatic land. Grantee’s compliance with this Paragraph 2.2 does not limit Grantee’s liability under any other provision of this Easement. (b) Grantee shall not cause or permit: Aquatic Lands Easement Page 2 of 26 Easement No. 51-A71747 (1) Damage to natural resources, (2) Waste, or (3) Deposit of material, unless approved by State in writing. This prohibition includes deposit of fill, rock, earth, ballast, wood waste, refuse, garbage, waste matter, pollutants of any type, or other matter. 2.3 Conformance with Laws. Grantee shall keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding Grantee’s use of the Easement Property. 2.4 Liens and Encumbrances. Grantee shall keep the Easement Property free and clear of any liens and encumbrances arising out of or relating to its use of the Easement Property, unless expressly authorized by State in writing. 2.5 Interference with Other Uses. (a) Grantee shall exercise Grantee’s rights under this Easement in a manner that minimizes or avoids interference with the rights of State, the public or others with valid right to use or occupy the Easement Property or surrounding lands and water. (b) To the fullest extent reasonably possible, Grantee shall place and construct Improvements in a manner that allows unobstructed movement in and on the waters above and around the Easement Property. (c) Except in an emergency, Grantee shall provide State with written notice of construction or other significant activity on Easement Property at least thirty (30) days in advance. “Significant Activity” means any activity that may affect use or enjoyment by the State, public, or others with valid rights to use or occupy the Easement Property or surrounding lands and water. (d) Grantee shall mark the location of any hazards associated with the Permitted Use and any Improvements in a manner that ensures reasonable notice to the public. SECTION 3 TERM 3.1 Term Defined. The term of this Easement is Thirty (30) years (the “Term”), beginning on the 15th day of March, 2014 (the “Commencement Date”), and ending on the 14th day of March, 2044 (the “Termination Date”), unless terminated sooner under the terms of this Easement. 3.2 Renewal of the Easement. This Easement does not provide a right of renewal. Grantee may apply for a new Easement, which State has discretion to grant. Grantee must apply for a new Easement at least one (1) year prior to Termination Date. State shall notify Grantee within ninety (90) days of its intent to approve or deny a new Easement. Aquatic Lands Easement Page 3 of 26 Easement No. 51-A71747 3.3 End of Term. (a) Upon the expiration or termination of this Easement, Grantee shall remove Improvements in accordance with Section 7, Improvements, and surrender the Easement Property to State in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. (b) Definition of Reasonable Wear and Tear. (1) Reasonable wear and tear is deterioration resulting from the Permitted Use that has occurred without neglect, negligence, carelessness, accident, or abuse by Grantee or Grantee’s contractors, agents, invitees, guests, employees, affiliates, licensees, or permittees. (2) Reasonable wear and tear does not include any deposit of material prohibited under Paragraph 2.2(b) unless expressly permitted by State in writing and regardless of whether the deposit is incidental to or the byproduct of the Permitted Use. (c) If Easement Property is in worse condition, excepting for reasonable wear and tear, on the surrender date than on the Commencement Date, the following provisions apply. (1) State shall provide Grantee a reasonable time to take all steps necessary to remedy the condition of the Easement Property. State may require Grantee to enter into a right-of-entry or other use authorization prior to the Grantee entering the Easement Property to remedy any breach of this Paragraph 3.3. (2) If Grantee fails to remedy the condition of the Easement Property in a timely manner, State may take any steps reasonably necessary to remedy Grantee’s failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Easement Property, lost revenue resulting from the condition of the Easement Property prior to and during remedial action, and any administrative costs associated with the remedial action. SECTION 4 FEES 4.1 Fee. For the Term, Grantee shall pay to State a use fee of Zero Dollars ($0) and an administrative fee calculated in accordance with RCW 79.110.240(4) payable on or before the Commencement Date. Any payment not paid by State’s close of business on the date due is past due. 4.2 Payment Place. Grantee shall make payment to Financial Management Division, 1111 Washington St SE, PO Box 47041, Olympia, WA 98504-7041. Aquatic Lands Easement Page 4 of 26 Easement No. 51-A71747 SECTION 5 OTHER EXPENSES 5.1 Utilities. Grantee shall pay all fees charged for utilities required or needed by the Permitted Use. 5.2 Taxes and Assessments. Grantee shall pay all taxes, assessments, and other governmental charges, of any kind whatsoever, applicable or attributable to the Easement and the Permitted Use. 5.3 Failure to Pay. If Grantee fails to pay any of the amounts due under this Easement, State may pay the amount due, and recover its cost in accordance with Section 6. SECTION 6 LATE PAYMENTS AND OTHER CHARGES 6.1 Failure to Pay. Failure to pay any fees or other expenses is a default by Grantee. State may seek remedies in Section 14 as well as late charges and interest as provided in this Section 6. 6.2 Late Charge. If State does not receive any payment within ten (10) days of the date due, Grantee shall pay to State a late charge equal to four percent (4%) of the unpaid or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State incident to the delay. 6.3 Interest Penalty for Past Due Fees and Other Sums Owed. (a) Grantee shall pay interest on the past due fee at the rate of one percent (1%) per month until paid, in addition to paying the late charges determined under Paragraph 6.2. Fee not paid by the close of business day on the due date will begin accruing interest the day after the due date. (b) If State pays or advances any amounts for or on behalf of Grantee, Grantee shall reimburse State for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date State notifies Grantee of the payment or advance. This includes, but is not limited to taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Paragraph 2.2 above, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due. 6.4 Referral to Collection Agency and Collection Agency Fees. If State does not receive payment within thirty (30) days of the due date, State may refer the unpaid amount to a collection agency as provided by RCW 19.16.500 or other applicable law. Upon referral, Grantee shall pay collection agency fees in addition to the unpaid amount. 6.5 No Accord and Satisfaction. If Grantee pays, or State otherwise receives, an amount less than the full amount then due, State may apply such payment as it elects. No endorsement or statement on any check, any payment, or any letter accompanying any check or payment constitutes accord and satisfaction. Aquatic Lands Easement Page 5 of 26 Easement No. 51-A71747 SECTION 7 IMPROVEMENTS 7.1 Improvements Defined. (a) “Improvements,” consistent with RCW 79.105 through 79.145, are additions within, upon, or attached to the land. This includes, but is not limited to, structures and fixtures. (b) “Personal Property” means items that can be removed from the Easement Property without (1) injury to the Easement Property, adjacent state-owned lands or Improvements or (2) diminishing the value or utility of the Easement Property, adjacent state-owned lands or Improvements. (c) “State-Owned Improvements” are Improvements made or owned by State. State- Owned Improvements includes any construction, alteration, or addition to State- Owned Improvements made by Grantee. (d) “Grantee-Owned Improvements” are Improvements made by Grantee with State’s consent. (e) “Unauthorized Improvements” are Improvements made on the Easement Property without State’s prior consent or Improvements made by Grantee that do not conform with plans submitted to and approved by the State. (f) “Improvements Owned by Others” are Improvements made by Others with a right to occupy or use the Easement Property or adjacent state-owned lands. 7.2 Existing Improvements. On the Commencement Date, the following Improvements are located on the Easement Property: City of Kent Pedestrian Bridge 51-071513 (Grantee Owned) TCI Cablevision of Washington Fiber Optic Cable 51-071597 (Owned by Others) Puget Sound Energy Powerline 51-071748 (Owned by Others) Qwest Corporation Fiber Optic Cable 51- 077142 (Owned by Others). 7.3 Construction, Major Repair, Modification, and Demolition. (a) This Paragraph 7.3 governs construction, alteration, replacement, major repair, modification alteration, demolition and deconstruction of Improvements (“Work”). Section 11 governs routine maintenance and minor repair of Improvements and Easement Property. (b) All Work must conform with State’s standards for Improvements current at the time Grantee submits plans and specifications for State’s approval. (c) Except in an emergency, Grantee shall not conduct any Work without State’s prior written consent, as follows: (1) State may deny consent if State determines that denial is in the best interests of the State. State may impose additional conditions reasonably intended to protect and preserve the Easement Property. If Work is for removal of Improvements at End of Term, State may waive removal of some or all Improvements. (2) Except in an emergency, Grantee shall submit to State plans and specifications describing the proposed Work at least sixty (60) days before submitting permit applications to regulatory authorities unless Grantee and State otherwise agree to coordinate permit applications. At a minimum, or Aquatic Lands Easement Page 6 of 26 Easement No. 51-A71747 if no permits are necessary, Grantee shall submit plans and specifications at least ninety (90) days before commencement of Work. (3) State waives the requirement for consent if State does not notify Grantee of its grant or denial of consent within sixty (60) days of submittal. (d) Grantee shall notify State of emergency Work within five (5) business days of the start of such Work. Upon State’s request, Grantee shall provide State with plans and specifications or as-builts of emergency Work. (e) Grantee shall not commence or authorize Work until Grantee has: (1) Obtained a performance and payment bond in an amount equal to zero percent (0%) of the estimated cost of construction. Grantee shall maintain the performance and payment bond until Grantee pays in full the costs of the Work, including all laborers and material persons. (2) Obtained all required permits. (3) Provided notice of Significant Activity in accordance with Paragraph 2.5(c). (f) Grantee shall preserve and protect Improvements Owned by Others, if any. (g) Grantee shall preserve all legal land subdivision survey markers and witness objects (“Markers.”) If disturbance of a Marker will be a necessary consequence of Grantee’s construction, Grantee shall reference and/or replace the Marker in accordance with all applicable laws and regulations current at the time, including, but not limited to Chapter 58.24 RCW. At Grantee’s expense, Grantee shall retain a registered professional engineer or licensed land surveyor to reestablish destroyed or disturbed Markers in accordance with U.S. General Land Office standards. (h) Before completing Work, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition prior to the commencement of Work. If Work is intended for removal of Improvements at End of Term, Grantee shall restore the Easement Property in accordance with Paragraph 3.3, End of Term. (i) Upon completing work, Grantee shall promptly provide State with as-built plans and specifications. (j) State shall not charge rent for authorized Improvements installed by Grantee during this Term of this Easement, but State may charge rent for such Improvements when and if the Grantee or successor obtains a subsequent use authorization for the Easement Property and State has waived the requirement for Improvements to be removed as provided in Paragraph 7.4. 7.4 Grantee-Owned Improvements at End of Easement. (a) Disposition. (1) Grantee shall remove Grantee-Owned Improvements in accordance with Paragraph 7.3 upon the expiration, termination, or cancellation of the Easement unless State waives the requirement for removal. (2) Grantee-Owned Improvements remaining on the Easement Property on the expiration, termination, or cancellation date become State-Owned Aquatic Lands Easement Page 7 of 26 Easement No. 51-A71747 Improvements without payment by State, unless State elects otherwise. State may refuse or waive ownership. (3) If Grantee-Owned Improvements remain on the Easement Property after the expiration, termination, or cancellation date without State’s consent, State may remove all Improvements and Grantee shall pay the costs of removal and disposal. (b) Conditions Under Which State May Waive Removal of Grantee-Owned Improvements. (1) State may waive removal of any or all Grantee-Owned Improvements whenever State determines that it is in the best interests of the State. (2) If Grantee renews the Easement or enters into a new Easement, State may waive requirement to remove Grantee-Owned Improvements. State also may consent to Grantee’s continued ownership of Grantee-Owned Improvements. (3) If Grantee does not renew the Easement or enter into a new Easement, State may waive requirement to remove Grantee-Owned Improvements upon consideration of a timely request from Grantee, as follows: (i) Grantee must notify State at least one (1) year before the Termination Date of its request to leave Grantee-Owned Improvements. (ii) State, within ninety (90) days, will notify Grantee whether State consents to any or all Grantee-Owned Improvements remaining. State has no obligation to grant consent. (iii) State’s failure to respond to Grantee’s request to leave Improvements within ninety (90) days is a denial of the request. (c) Grantee’s Obligations if State Waives Removal. (1) Grantee shall not remove Improvements if State waives the requirement for removal of any or all Grantee-Owned Improvements. (2) Grantee shall maintain such Improvements in accordance with this Easement until the expiration, termination, or cancellation date. Grantee is liable to State for cost of repair if Grantee causes or allows damage to Improvements State has designated to remain. 7.5 Disposition of Unauthorized Improvements. (a) Unauthorized Improvements belong to State, unless State elects otherwise. (b) State may either: (1) Consent to Grantee ownership of the Improvements, or (2) Charge use and occupancy fee in accordance with RCW 79.105.200 of the Improvements from the time of installation or construction and (i) Require Grantee to remove the Improvements in accordance with Paragraph 7.3, in which case Grantee shall pay use and occupancy fee for the Improvements until removal, (ii) Consent to Improvements remaining and Grantee shall pay use and occupancy fee for the use of the Improvements, or Aquatic Lands Easement Page 8 of 26 Easement No. 51-A71747 (iii) Remove Improvements and Grantee shall pay for the cost of removal and disposal, in which case Grantee shall pay use and occupancy fee for use of the Improvements until removal and disposal. 7.6 Disposition of Personal Property. (a) Grantee retains ownership of Personal Property unless Grantee and State agree otherwise in writing. (b) Grantee shall remove Personal Property from the Easement Property by the Termination Date. Grantee is liable for any damage to the Easement Property and to any Improvements that may result from removal of Personal Property. (c) State may sell or dispose of all Personal Property left on the Easement Property after the Termination Date. (1) If State conducts a sale of Personal Property, State shall apply proceeds first to the State’s administrative costs in conducting the sale, second to payment of amount that then may be due from the Grantee to the State, and State shall pay the remainder, if any, to the Grantee. (2) If State disposes of Personal Property, Grantee shall pay for the cost of removal and disposal. SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION 8.1 Definitions. (a) “Hazardous Substance” means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination, pollution, or cleanup. (b) “Release or threatened release of Hazardous Substance” means a release or threatened release as defined under any law described in Paragraph 8.1(a). (c) “Utmost care” means such a degree of care as would be exercised by a very careful, prudent, and competent person under the same or similar circumstances; the standard of care applicable under the Washington State Model Toxics Control Act (“MTCA”), Chapter 70.105 RCW, as amended. (d) “Grantee and affiliates” when used in this Section 8 means Grantee or Grantee’s subgrantees, contractors, agents, employees, guests, invitees, licensees, affiliates, or any person on the Easement Property with the Grantee’s permission. (e) “Liabilities” as used in this Section 8 means any claims, demands, proceedings, lawsuits, damages, costs, expenses, fees (including attorneys’ fees and disbursements), penalties, or judgments. 8.2 General Conditions. (a) Grantee’s obligations under this Section 8 extend to the area in, on, under, or above: (1) The Easement Property and Aquatic Lands Easement Page 9 of 26 Easement No. 51-A71747 (2) Adjacent state-owned aquatic lands if affected by a release of Hazardous Substances that occurs as a result of the Permitted Use. (b) Standard of Care. (1) Grantee shall exercise the utmost care with respect to Hazardous Substances. (2) As relates to the Permitted Use, Grantee shall exercise utmost care for the foreseeable acts or omissions of third parties with respect to Hazardous Substances, and the foreseeable consequences of those acts or omissions, to the extent required to establish a viable, third-party defense under the law. 8.3 Current Conditions and Duty to Investigate. (a) State makes no representation about the condition of the Easement Property. Hazardous Substances may exist in, on, under, or above the Easement Property. (b) This Easement does not impose a duty on State to conduct investigations or supply information to Grantee about Hazardous Substances. (c) Grantee is responsible for conducting all appropriate inquiry and gathering sufficient information about the existence, scope, and location of Hazardous Substances on or near the Property necessary for Grantee to meet Grantee’s obligations under this Easement and utilize the Property for the Permitted Use. 8.4 Use of Hazardous Substances. (a) Grantee and affiliates shall not use, store, generate, process, transport, handle, release, or dispose of Hazardous Substances, except in accordance with all applicable laws. (b) Grantee shall not undertake, or allow others to undertake by Grantee’s permission, acquiescence, or failure to act, activities that result in a release or threatened release of Hazardous Substances. (c) If use of Hazardous Substances related to the Permitted Use results in a violation of law: (1) Grantee shall submit to State any plans for remedying the violations, and (2) Grantee shall implement any measures to restore the Easement Property or natural resources that State may require in addition to remedial measures required by regulatory authorities. 8.5 Management of Contamination, if any. (a) Grantee and affiliates shall not undertake activities that: (1) Damage or interfere with the operation of remedial or restoration activities, if any; (2) Result in human or environmental exposure to contaminated sediments, if any; (3) Result in the mechanical or chemical disturbance of on-site habitat mitigation, if any. (b) If requested, Grantee shall allow reasonable access to: Aquatic Lands Easement Page 10 of 26 Easement No. 51-A71747 (1) Employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology, health department, or other similar environmental agencies; and (2) Potentially liable or responsible parties who are the subject of an order or consent decree that requires access to the Easement Property. Grantee may negotiate an access agreement with such parties, but Grantee may not unreasonably withhold such agreement. 8.6 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances; (2) Any new discovery of or new information about a problem or liability related to, or derived from, the presence of Hazardous Substances; (3) Any lien or action arising from Hazardous substances; (4) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances; (5) Any notification from the US Environmental Protection Agency (EPA) or the Washington State Department of Ecology (DOE) that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee’s duty to report under Paragraph 8.6(a) extends to lands described in Paragraph 8.2(a) and to any other property used by Grantee in conjunction with the Easement Property if a release of Hazardous Substances on the other property could affect the Easement Property. (c) Grantee shall provide State with copies of all documents Grantee submits to any federal, state, or local authorities concerning environmental impacts or proposals relative to the Easement Property. Documents subject to this requirement include, but are not limited to, applications, reports, studies, or audits for National Pollution Discharge and Elimination System Permits; Army Corps of Engineers permits; State Hydraulic Project Approvals (HPA); State Water Quality certification; Substantial Development permit; and any reporting necessary for the existence, location, and storage of Hazardous Substances on the Property. 8.7 Indemnification. (a) Grantee shall fully indemnify, defend, and hold State harmless from and against Liabilities that arise out of, or relate to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Grantee and affiliates occurring whenever Grantee uses or has used the Easement Property; (2) The release or threatened release of any Hazardous Substance resulting from any act or omission of Grantee and affiliates occurring whenever Grantee uses or has used the Easement Property. Aquatic Lands Easement Page 11 of 26 Easement No. 51-A71747 (b) Grantee shall fully indemnify, defend, and hold State harmless for any Liabilities that arise out of or relate to Grantee’s breach of obligations under Paragraph 8.5. (c) Grantee has no duty to indemnify State for acts or omissions of third parties unless and only if an administrative or legal proceeding arising from a release or threatened release of Hazardous Substances finds or holds that Grantee failed to exercise care as described in Paragraph 8.2(b)(2). In such case, Grantee shall fully indemnify, defend, and hold State harmless from and against Liabilities arising from the acts or omissions of third parties in relation to the release or threatened release of Hazardous Substances. This includes Liabilities arising before the finding or holding in the proceeding. 8.8 Reservation of Rights. (a) For Liabilities not covered by the indemnification provisions of Paragraph 8.7, the Parties expressly reserve and do not waive any rights, claims, immunities, causes of action, or defenses relating to Hazardous Substances that either Party may have against the other under law. (b) The Parties expressly reserve all rights, claims, immunities, and defenses either Party may have against third parties. Nothing in this Section 8 benefits or creates rights for third parties. (c) The allocations of risks, Liabilities, and responsibilities set forth in this Section 8 do not release either Party from or affect the liability of either Party for Hazardous Substances claims or actions by regulatory agencies. 8.9 Cleanup. (a) If Grantee’s act, omission, or breach of obligation under Paragraph 8.4 results in a release of Hazardous Substances that exceeds the threshold limits of any applicable regulatory standard, Grantee shall, at Grantee’s sole expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances in accordance with applicable law. (b) Grantee may undertake a cleanup of the Property pursuant to the Washington State Department of Ecology’s Voluntary Cleanup Program, provided that Grantee cooperates with the Department of Natural Resources in development of cleanup plans. Grantee shall not proceed with Voluntary Cleanup without the Department of Natural Resources approval of final plans. Nothing in the operation of this provision is an agreement by the Department of Natural Resources that the Voluntary Cleanup complies with any laws or with the provisions of this Easement. Grantee’s completion of a Voluntary Cleanup is not a release from or waiver of any obligation for Hazardous Substances under this Easement. 8.10 Sampling by State, Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations (“Tests”) of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances. Aquatic Lands Easement Page 12 of 26 Easement No. 51-A71747 (b) If such Tests, along with any other information, demonstrate a breach of Grantee’s obligations regarding Hazardous Substances under this Easement, Grantee shall promptly reimburse State for all costs associated with the Tests, provided State gave Grantee thirty (30) calendar days advance notice in nonemergencies and reasonably practical notice in emergencies. (c) In nonemergencies, Grantee is entitled to obtain split samples of Test samples, provided Grantee gives State written notice requesting split samples at least ten (10) calendar days before State conducts Tests. Upon demand, Grantee shall promptly reimburse State for additional cost, if any, of split samples. (d) If either Party conducts Tests on the Property, the conducting Party shall provide the other with validated final data and quality assurance/quality control/chain of custody information about the Tests within sixty (60) calendar days of a written request by the other party, unless Tests are part of a submittal under Paragraph 8.6(c) in which case Grantee shall submit data and information to State without written request by State. Neither party is obligated to provide any analytical summaries or the work product of experts. SECTION 9 ASSIGNMENT Grantee shall not assign any part of Grantee’s interest in this Easement or the Easement Property or grant any rights or franchises to third parties without State’s prior written consent, which State shall not unreasonably condition or withhold. State reserves the right to reasonably change the terms and conditions of this Easement upon State’s consent to assignment. SECTION 10 INDEMNITY, FINANCIAL SECURITY, INSURANCE 10.1 Indemnity. Each Party is responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority. 10.2 Insurance Terms. (a) Insurance Required. (1) Grantee certifies that it is self-insured for all the liability exposures, its self-insurance plan satisfies all State requirements, and its self-insurance plan provides coverage equal to that required in this Paragraph 10.2 and by Paragraph 10.3, Insurance Types and Limits. Grantee shall provide to State evidence of its status as a self-insured entity. Upon request by State, Grantee shall provide a written description of its financial condition and/or the self-insured funding mechanism. Grantee shall provide State with at least thirty (30) days’ written notice prior to any material changes to Grantee’s self-insured funding mechanism. (2) Unless State agrees to an exception, Grantee shall provide insurance issued by an insurance company or companies admitted to do business in the State of Washington and have a rating of A- or better by the most Aquatic Lands Easement Page 13 of 26 Easement No. 51-A71747 recently published edition of Best’s Reports. Grantee may submit a request to the risk manager for the Department of Natural Resources to approve an exception to this requirement. If an insurer is not admitted, the insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. (3) All general liability, excess, umbrella, property, builder’s risk, and pollution legal liability insurance policies must name the State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees as an additional insured. (4) All insurance provided in compliance with this Easement must be primary as to any other insurance or self-insurance programs afforded to or maintained by State. (b) Waiver. (1) Grantee waives all rights against State for recovery of damages to the extent insurance maintained pursuant to this Easement covers these damages. (2) Except as prohibited by law, Grantee waives all rights of subrogation against State for recovery of damages to the extent that they are covered by insurance maintained pursuant to this Easement. (c) Proof of Insurance. (1) Grantee shall provide State with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with insurance requirements specified in this Easement and, if requested, copies of policies to State. (2) The certificate(s) of insurance must reference additional insureds and the Easement number. (3) Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. (d) State must receive written notice before cancellation or non-renewal of any insurance required by this Easement, as follows: (1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance Commissioner): If cancellation is due to non-payment of premium, provide State ten (10) days’ advance notice of cancellation; otherwise, provide State forty-five (45) days’ advance notice of cancellation or non- renewal. (2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to non-payment of premium, provide State ten (10) days’ advance notice of cancellation; otherwise, provide State thirty (30) days’ advance notice of cancellation or non-renewal. (e) Adjustments in Insurance Coverage. (1) State may impose changes in the limits of liability for all types of insurance as State deems necessary. (2) Grantee shall secure new or modified insurance coverage within thirty (30) days after State requires changes in the limits of liability. Aquatic Lands Easement Page 14 of 26 Easement No. 51-A71747 (f) If Grantee fails to procure and maintain the insurance described above within fifteen (15) days after Grantee receives a notice to comply from State, State may either: (1) Deem the failure an Event of Default under Section 14, or (2) Procure and maintain comparable substitute insurance and pay the premiums. Upon demand, Grantee shall pay to State the full amount paid by State, together with interest at the rate provided in Paragraph 6.2 from the date of State’s notice of the expenditure until Grantee’s repayment. (g) General Terms. (1) State does not represent that coverage and limits required under this Easement are adequate to protect Grantee. (2) Coverage and limits do not limit Grantee’s liability for indemnification and reimbursements granted to State under this Easement. (3) The Parties shall use any insurance proceeds payable by reason of damage or destruction to Easement Property first to restore the Easement Property, then to pay the cost of the reconstruction, then to pay the State any sums in arrears, and then to Grantee. 10.3 Insurance Types and Limits. (a) General Liability Insurance. (1) Grantee shall maintain commercial general liability insurance (CGL) or marine general liability (MGL) covering claims for bodily injury, personal injury, or property damage arising on the Easement Property and/or arising out of the Permitted Use and, if necessary, commercial umbrella insurance with a limit of not less than One Million Dollars ($1,000,000) per each occurrence. If such CGL or MGL insurance contains aggregate limits, the general aggregate limit must be at least twice the “each occurrence” limit. CGL or MGL insurance must have products-completed operations aggregate limit of at least two times the “each occurrence” limit. (2) CGL insurance must be written on Insurance Services Office (ISO) Occurrence Form CG 00 01 (or a substitute form providing equivalent coverage). All insurance must cover liability arising out of premises, operations, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another party assumed in a business contract) and contain separation of insured (cross-liability) condition. (3) MGL insurance must have no exclusions for non-owned watercraft. (b) Workers’ Compensation. (1) State of Washington Workers’ Compensation. (i) Grantee shall comply with all State of Washington workers’ compensation statutes and regulations. Grantee shall provide workers’ compensation coverage for all employees of Grantee. Coverage must include bodily injury (including death) by accident Aquatic Lands Easement Page 15 of 26 Easement No. 51-A71747 or disease, which arises out of or in connection with the Permitted Use or related activities. (ii) If Grantee fails to comply with all State of Washington workers’ compensation statutes and regulations and State incurs fines or is required by law to provide benefits to or obtain coverage for such employees, Grantee shall indemnify State. Indemnity includes all fines; payment of benefits to Grantee, employees, or their heirs or legal representatives; and the cost of effecting coverage on behalf of such employees. (2) Longshore and Harbor Workers’ and Jones Acts. Longshore and Harbor Workers’ Act (33 U.S.C. Section 901 et seq.) and/or the Jones Act (46 U.S.C. Section 688) may require Grantee to provide insurance coverage in some circumstances. Grantee shall ascertain if such insurance is required and, if required, shall maintain insurance in compliance with law. Grantee is responsible for all civil and criminal liability arising from failure to maintain such coverage. (c) Employers’ Liability Insurance. Grantee shall procure employers’ liability insurance, and, if necessary, commercial umbrella liability insurance with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury by accident or One Million Dollars ($1,000,000) each employee for bodily injury by disease. 10.4 Financial Security. (a) At its own expense, Grantee shall procure and maintain during the Term of this Easement a corporate security bond or provide other financial security that State may approve (“Security”). Grantee shall provide Security in an amount equal to Zero Dollars ($0), which is consistent with RCW 79.105.330, and secures Grantee’s performance of its obligations under this Easement, with the exception of the obligations under Section 8, Environmental Liability/Risk Allocation. Grantee’s failure to maintain the Security in the required amount during the Term constitutes a breach of this Easement. (b) All Security must be in a form acceptable to the State. (1) Bonds must be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better, in the most recently published edition of Best’s Reports, unless State approves an exception. Grantee may submit a request to the Risk Manager for the Department of Natural Resources for an exception to this requirement. (2) Letters of credit, if approved by State, must be irrevocable, allow State to draw funds at will, provide for automatic renewal, and comply with RCW 62A.5-101, et. seq. (3) Savings account assignments, if approved by State, must allow State to draw funds at will. (c) Adjustment in Amount of Security. (1) State may require an adjustment in the Security amount: (i) At the same time as revaluation, if any, Aquatic Lands Easement Page 16 of 26 Easement No. 51-A71747 (ii) As a condition of approval of assignment of this Easement, (iii) Upon a material change in the condition or disposition of any Improvements, or (iv) Upon a change in the Permitted Use. (2) Grantee shall deliver a new or modified form of Security to State within thirty (30) days after State has required adjustment of the amount of the Security. (d) Upon any default by Grantee in its obligations under this Easement, State may collect on the Security to offset the liability of Grantee to State. Collection on the Security does not (1) relieve Grantee of liability, (2) limit any of State’s other remedies, (3) reinstate or cure the default or (4) prevent termination of the Easement because of the default. SECTION 11 ROUTINE MAINTENANCE AND REPAIR 11.1 State’s Repairs. This Easement does not obligate State to make any alterations, maintenance, replacements, or repairs in, on, or about the Easement Property, during the Term. 11.2 Grantee’s Repairs and Maintenance. (a) Routine maintenance and repair are acts intended to prevent a decline, lapse or, cessation of the Permitted Use and associated Improvements. Routine maintenance or repair is the type of work that does not require regulatory permits. (b) At Grantee’s sole expense, Grantee shall keep and maintain all Grantee-Owned Improvements and the Easement Property as it relates to the Permitted Use in good order and repair and in a safe condition. State’s consent is not required for routine maintenance or repair. (c) At Grantee’s own expense, Grantee shall make any additions, repairs, alterations, maintenance, replacements, or changes to the Easement Property or to any Improvements on the Easement Property that any public authority requires because of the Permitted Use. (d) Upon completion of maintenance activities, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition prior to the commencement of work. SECTION 12 DAMAGE OR DESTRUCTION 12.1 Notice and Repair. (a) In the event of any known damage to or destruction of the Easement Property or any Improvements, Grantee shall promptly give written notice to State. State does not have actual knowledge of the damage or destruction of the Easement Property or any Improvements without Grantee’s written notice. (b) Unless otherwise agreed in writing, Grantee shall promptly reconstruct, repair, or replace any Improvements in accordance with Paragraph 7.3, Construction, Major Aquatic Lands Easement Page 17 of 26 Easement No. 51-A71747 Repair, Modification, and Demolition, as nearly as possible to its condition immediately prior to the damage or destruction. Where damage to state-owned aquatic land or natural resources is attributable to the Permitted Use or related activities, Grantee shall promptly restore the lands or resources to the condition preceding the damage in accordance with Paragraph 7.3 unless otherwise agreed in writing. 12.2 State’s Waiver of Claim. State does not waive any claims for damage or destruction of the Easement Property unless State provides written notice to Grantee of each specific claim waived. 12.3 Insurance Proceeds. Grantee’s duty to reconstruct, repair, or replace any damage or destruction of the Easement Property or any Improvements on the Easement Property is not conditioned upon the availability of any insurance proceeds to Grantee from which the cost of repairs may be paid. The Parties shall use insurance proceeds in accordance with Paragraph 10.2(g)(3). SECTION 13 CONDEMNATION In the event of condemnation, the Parties shall allocate the award between State and Grantee based upon the ratio of the fair market value of (1) Grantee’s rights in the Easement Property and Grantee-Owned Improvements and (2) State’s interest in the Easement Property; the reversionary interest in Grantee-Owned Improvements, if any; and State-Owned Improvements. In the event of a partial taking, the Parties shall compute the ratio based on the portion of Easement Property or Improvements taken. If Grantee and State are unable to agree on the allocation, the Parties shall submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. SECTION 14 REMEDIES AND TERMINATION 14.1 Breach. (a) State may terminate this Easement upon Grantee’s failure to cure a breach of its terms within sixty (60) days of State’s written notice of breach. (b) For nonmonetary breach not capable of cure within sixty (60) days, State will not unreasonably withhold approval of a reasonable alternative cure schedule. Grantee must submit a cure schedule within thirty (30) days of a notice of breach. State shall not terminate if State approves the schedule and Grantee works diligently and in good faith to execute the cure. State may terminate if Grantee fails to timely submit a schedule or fails to cure in accordance with an approved schedule. (c) If breach arises from Grantee’s failure to comply with restrictions on Permitted use under Paragraph 2.2, State may, without terminating this Easement, restore the natural resources or Property and charge Grantee restoration costs and/or Aquatic Lands Easement Page 18 of 26 Easement No. 51-A71747 charge Grantee damages. On demand by State, Grantee shall pay all costs and/or damages. 14.2 Termination by Nonuse. If Grantee does not use the Easement Property for a period of three (3) successive years, this Easement terminates without further action by State. Grantee’s rights revert to State upon Termination by Nonuse. 14.3 Termination by Grantee. Grantee may terminate this Easement upon providing State with sixty (60) days written notice of intent to terminate. Grantee shall comply with Paragraph 3.3, End of Term. 14.4 Remedies Not Exclusive. The remedies specified under this Section 14 are not exclusive of any other remedies or means of redress to which the State is lawfully entitled for Grantee’s breach or threatened breach of any provision of this Easement. SECTION 15 NOTICE AND SUBMITTALS Following are the locations for delivery of notice and submittals required or permitted under this Easement. Any Party may change the place of delivery upon ten (10) days written notice to the other. State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics 950 Farman Avenue North Enumclaw, WA 98022-9282 Grantee: CITY OF KENT 220 Fourth Avenue South Kent, WA 98032 The Parties may deliver any notice in person, by facsimile machine, or by certified mail. Depending on the method of delivery, notice is effective upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after mailing. All notices must identify the Easement number. On notices transmitted by facsimile machine, the Parties shall state the number of pages contained in the notice, including the transmittal page, if any. SECTION 16 MISCELLANEOUS 16.1 Authority. Grantee and the person or persons executing this Easement on behalf of Grantee represent that Grantee is qualified to do business in the State of Washington, that Grantee has full right and authority to enter into this Easement, and that each and every person Aquatic Lands Easement Page 19 of 26 Easement No. 51-A71747 signing on behalf of Grantee is authorized to do so. Upon State’s request, Grantee shall provide evidence satisfactory to State confirming these representations. 16.2 Successors and Assigns. This Easement binds and inures to the benefit of the Parties, their successors, and assigns. 16.3 Headings. The headings used in this Easement are for convenience only and in no way define, limit, or extend the scope of this Easement or the intent of any provision. 16.4 Entire Agreement. This Easement, including the exhibits and addenda, if any, contains the entire agreement of the Parties. This Easement merges all prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Easement Property. 16.5 Waiver. (a) The waiver of any breach or default of any term, covenant, or condition of this Easement is not a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Easement. State’s acceptance of payment is not a waiver of any preceding or existing breach other than the failure to pay the particular payment that was accepted. (b) The renewal of the Easement, extension of the Easement, or the issuance of a new Easement to Grantee, does not waive State’s ability to pursue any rights or remedies under the Easement. 16.6 Cumulative Remedies. The rights and remedies of State under this Easement are cumulative and in addition to all other rights and remedies afforded by law or equity or otherwise. 16.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Easement. 16.8 Language. The word “Grantee” as used in this Easement applies to one or more persons, as the case may be. The singular includes the plural, and the neuter includes the masculine and feminine. If there is more than one Grantee, their obligations are joint and several. The word “persons,” whenever used, includes individuals, firms, associations, and corporations. The word “Parties” means State and Grantee in the collective. The word “Party” means either or both State and Grantee, depending on context. 16.9 Invalidity. The invalidity, voidness, or illegality of any provision of this Easement does not affect, impair, or invalidate any other provision of this Easement. 16.10 Applicable Law and Venue. This Easement is to be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute means that statute as presently enacted or hereafter amended or superseded. Venue for any action arising Aquatic Lands Easement Page 20 of 26 Easement No. 51-A71747 out of or in connection with this Easement is in the Superior Court for Thurston County, Washington. 16.11 Recordation. At Grantee’s expense and no later than thirty (30) days after receiving the fully-executed Easement, Grantee shall record this Easement in the county in which the Property is located. Grantee shall include the parcel number of the upland property used in conjunction with the Property, if any. Grantee shall provide State with recording information, including the date of recordation and file number. 16.12 Modification. No modification of this Easement is effective unless in writing and signed by the Parties. Oral representations or statements do not bind either Party. 16.13 Survival. Any obligations of Grantee not fully performed upon termination of this Easement do not cease, but continue as obligations of the Grantee until fully performed. Aquatic Lands Easement Page 21 of 26 Easement No. 51-A71747 16.14 Exhibits. All referenced exhibits are incorporated in this Easement unless expressly identified as unincorporated. CITY OF KENT Dated: _____________________, 20__ __________________________________ By: SUZETTE COOKE Title: Mayor Address: 220 Fourth Avenue South Kent, WA 98032 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: _____________________, 20__ __________________________________ By: PETER GOLDMARK Title: Commissioner of Public Lands Address: Shoreline District Aquatics 950 Farman Avenue North Enumclaw, WA 98022-9282 Approved as to form this 16 day of June 2010 Janis Snoey, Assistant Attorney General Aquatic Lands Easement Page 22 of 26 Easement No. 51-A71747 REPRESENTATIVE ACKNOWLEDGMENT STATE OF ) ) ss County of ) I certify that I know or have satisfactory evidence that SUZETTE COOKE is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF KENT to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: _______________________________ ___________________________________ (Signature) (Seal or stamp) ___________________________________ (Print Name) Notary Public in and for the State of Washington, residing at ___________________________________ My appointment expires _______________ Aquatic Lands Easement Page 23 of 26 Easement No. 51-A71747 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the COMMISSIONER OF PUBLIC LANDS, and ex officio administrator of the DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF WASHINGTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: _______________________________ ___________________________________ (Signature) (Seal or stamp) ___________________________________ (Print Name) Notary Public in and for the State of Washington, residing at ___________________________________ My appointment expires _______________ Aquatic Lands Easement Page 24 of 26 Easement No. 51-A71747 EXHIBIT A A STRIP OF LAND 1.83 FEET IN WIDTH OVER A PORTION OF GOVERNMENT LOT 3 IN SECTION 10, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. AND IN KING COUNTY, WASHINGTON, SAID STRIP BEING 0.915 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTH ONE QUARTER CORNER OF SAID SECTION 10; THENCE S89°39’21”E ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 1,543.72 FEET TO A POINT ON THE CENTERLINE OF FRAGER ROAD, SAID POINT BEING ON A 2,400.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS S65°48’49”E; THENCE, NORTHEASTERLY, ALONG SAID CURVE AND CENTERLINE, THROUGH A CENTRAL ANGLE OF 00°04’17”, AN ARC DISTANCE OF 2.99 FEET TO A POINT OF TANGENCY WITH A 2,400,00 FOOT RADIUS CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°34’52”, AN ARC DISTANCE OF 150,00 FEET; THENCE S70°03’20”E 58.00 FEET, MORE OR LESS TO A POINT ON THE WESTERLY LINE OF ORDINARY HIGH WATER OF THE GREEN RIVER AND THE TRUE POINT OF BEGINNING OF THE HERIN DESCRIBED CENTERLINE; THENCE CONTINUING S°70°03’20”E 95.00 FEET, MORE OR LESS, TO THE EASTERLY LINE OF ORDINARY HIGH WATER OF THE GREEN RIVER AND THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED, AS REQUIRED, TO INTERSECT THE EASTERLY AND WESTERLY LINES OF ORDINARY HIGH WATER OF SAID GREEN RIVER. Aquatic Lands Easement Page 25 of 26 Easement No. 51-A71747 EXHIBIT B 1. DESCRIPTION OF PERMITTED USE A. Existing Facilities. An 8" sewer force main enclosed in a 12” conduit, attached to the City of Kent pedestrian bridge (easement no. 51-071513). B. Proposed Facilities. Grantee proposes no new facilities. Aquatic Lands Easement Page 26 of 26 Easement No. 51-A71747 When recorded, return to: City of Kent 220 Fourth Avenue South Kent, WA 98032 AQUATIC LANDS EASEMENT Easement No. 51-A71513 Grantor: Washington State Department of Natural Resources Grantee(s): City of Kent Legal Description: Section 10, Township 22 North, Range 4 East, W.M. Assessor’s Property Tax Parcel or Account Number: Not Applicable Assessor’s Property Tax Parcel or Account Number for Upland parcel used in conjunction with this Easement: Not Applicable THIS AGREEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources (“State”), and the CITY OF KENT, a government agency/entity (“Grantee”). State has authority to enter into this Easement under Chapter 43.12 RCW, Chapter 43.30 RCW, and Title 79 of the Revised Code of Washington (RCW). THE Parties agree as follows: SECTION 1 GRANT OF EASEMENT 1.1 Easement Defined. (a) State grants and conveys to Grantee a nonexclusive easement, subject to the terms and conditions of this agreement, over, upon, and under the real property at Green River: described in Exhibit A. In this agreement, the term “Easement” means this agreement and the rights granted; the term “Easement Property” means the real property subject to the easement. Aquatic Lands Easement Page 1 of 26 Easement No. 51-A71513 (b) This Easement is subject to all valid interests of third parties noted in the records of King County, or on file in the Office of the Commissioner of Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or federal navigation servitude; and treaty rights of Indian Tribes. (c) This Easement does not include any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel, or other valuable materials. (d) This Easement does not include the right to grant easements and franchises to third parties. State reserves the right to reasonably grant, condition, or approve all third party easements and franchises regardless of whether the third party’s use is incidental to the Easement. State shall not unreasonably condition or deny third- party easements or franchises necessary for continuation of utilities, including communication systems. 1.2 Survey and Easement Property Descriptions. (a) Grantee prepared Exhibit A, which describes the Easement Property. Grantee represents that Exhibit A is a true and accurate description of the Easement boundaries and the improvements to be constructed or already existing in the Easement area. Grantee’s obligation to provide a true and accurate description of the Easement Property boundaries is a material term of this Easement. (b) State’s acceptance of Exhibit A does not constitute agreement that Grantee’s property description accurately reflects the actual amount of land used by Grantee. State reserves the right to retroactively adjust fees if at any time during the Term State discovers a discrepancy between Grantee’s property description and the area actually used by Grantee. 1.3 Condition of Easement Property. State makes no representation regarding the condition of the Easement Property, improvements located on the Easement Property, the suitability of the Easement Property for Grantee’s Permitted Use, compliance with governmental laws and regulations, availability of utility rights, access to the Easement Property, or the existence of hazardous substances on the Easement Property. SECTION 2 USE 2.1 Permitted Use. Grantee shall use the Easement Property for: a pedestrian bridge (the “Permitted Use”), and for no other purpose, including utilities unless specifically identified as part of the Permitted Use. The Permitted Use is described or shown in detail in Exhibit B. 2.2 Restrictions on Use. (a) The limitations in this Paragraph 2.2 apply to the Property and adjacent state- owned aquatic land. Grantee’s compliance with this Paragraph 2.2 does not limit Grantee’s liability under any other provision of this Easement. (b) Grantee shall not cause or permit: Aquatic Lands Easement Page 2 of 26 Easement No. 51-A71513 (1) Damage to natural resources, (2) Waste, or (3) Deposit of material, unless approved by State in writing. This prohibition includes deposit of fill, rock, earth, ballast, wood waste, refuse, garbage, waste matter, pollutants of any type, or other matter. 2.3 Conformance with Laws. Grantee shall keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding Grantee’s use of the Easement Property. 2.4 Liens and Encumbrances. Grantee shall keep the Easement Property free and clear of any liens and encumbrances arising out of or relating to its use of the Easement Property, unless expressly authorized by State in writing. 2.5 Interference with Other Uses. (a) Grantee shall exercise Grantee’s rights under this Easement in a manner that minimizes or avoids interference with the rights of State, the public or others with valid right to use or occupy the Easement Property or surrounding lands and water. (b) To the fullest extent reasonably possible, Grantee shall place and construct Improvements in a manner that allows unobstructed movement in and on the waters above and around the Easement Property. (c) Except in an emergency, Grantee shall provide State with written notice of construction or other significant activity on Easement Property at least thirty (30) days in advance. “Significant Activity” means any activity that may affect use or enjoyment by the State, public, or others with valid rights to use or occupy the Easement Property or surrounding lands and water. (d) Grantee shall mark the location of any hazards associated with the Permitted Use and any Improvements in a manner that ensures reasonable notice to the public. SECTION 3 TERM 3.1 Term Defined. The term of this Easement is Thirty (30) years (the “Term”), beginning on the 15th day of March, 2014 (the “Commencement Date”), and ending on the 14th day of March, 2044 (the “Termination Date”), unless terminated sooner under the terms of this Easement. 3.2 Renewal of the Easement. This Easement does not provide a right of renewal. Grantee may apply for a new Easement, which State has discretion to grant. Grantee must apply for a new Easement at least one (1) year prior to Termination Date. State shall notify Grantee within ninety (90) days of its intent to approve or deny a new Easement. Aquatic Lands Easement Page 3 of 26 Easement No. 51-A71513 3.3 End of Term. (a) Upon the expiration or termination of this Easement, Grantee shall remove Improvements in accordance with Section 7, Improvements, and surrender the Easement Property to State in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. (b) Definition of Reasonable Wear and Tear. (1) Reasonable wear and tear is deterioration resulting from the Permitted Use that has occurred without neglect, negligence, carelessness, accident, or abuse by Grantee or Grantee’s contractors, agents, invitees, guests, employees, affiliates, licensees, or permittees. (2) Reasonable wear and tear does not include any deposit of material prohibited under Paragraph 2.2(b) unless expressly permitted by State in writing and regardless of whether the deposit is incidental to or the byproduct of the Permitted Use. (c) If Easement Property is in worse condition, excepting for reasonable wear and tear, on the surrender date than on the Commencement Date, the following provisions apply. (1) State shall provide Grantee a reasonable time to take all steps necessary to remedy the condition of the Easement Property. State may require Grantee to enter into a right-of-entry or other use authorization prior to the Grantee entering the Easement Property to remedy any breach of this Paragraph 3.3. (2) If Grantee fails to remedy the condition of the Easement Property in a timely manner, State may take any steps reasonably necessary to remedy Grantee’s failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Easement Property, lost revenue resulting from the condition of the Easement Property prior to and during remedial action, and any administrative costs associated with the remedial action. SECTION 4 FEES 4.1 Fee. For the Term, Grantee shall pay to State a use fee of Zero Dollars ($0) and an administrative fee calculated in accordance with RCW 79.110.240(4) payable on or before the Commencement Date. Any payment not paid by State’s close of business on the date due is past due. 4.2 Payment Place. Grantee shall make payment to Financial Management Division, 1111 Washington St SE, PO Box 47041, Olympia, WA 98504-7041. Aquatic Lands Easement Page 4 of 26 Easement No. 51-A71513 SECTION 5 OTHER EXPENSES 5.1 Utilities. Grantee shall pay all fees charged for utilities required or needed by the Permitted Use. 5.2 Taxes and Assessments. Grantee shall pay all taxes, assessments, and other governmental charges, of any kind whatsoever, applicable or attributable to the Easement and the Permitted Use. 5.3 Failure to Pay. If Grantee fails to pay any of the amounts due under this Easement, State may pay the amount due, and recover its cost in accordance with Section 6. SECTION 6 LATE PAYMENTS AND OTHER CHARGES 6.1 Failure to Pay. Failure to pay any fees or other expenses is a default by Grantee. State may seek remedies in Section 14 as well as late charges and interest as provided in this Section 6. 6.2 Late Charge. If State does not receive any payment within ten (10) days of the date due, Grantee shall pay to State a late charge equal to four percent (4%) of the unpaid or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State incident to the delay. 6.3 Interest Penalty for Past Due Fees and Other Sums Owed. (a) Grantee shall pay interest on the past due fee at the rate of one percent (1%) per month until paid, in addition to paying the late charges determined under Paragraph 6.2. Fee not paid by the close of business day on the due date will begin accruing interest the day after the due date. (b) If State pays or advances any amounts for or on behalf of Grantee, Grantee shall reimburse State for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date State notifies Grantee of the payment or advance. This includes, but is not limited to taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Paragraph 2.2 above, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due. 6.4 Referral to Collection Agency and Collection Agency Fees. If State does not receive payment within thirty (30) days of the due date, State may refer the unpaid amount to a collection agency as provided by RCW 19.16.500 or other applicable law. Upon referral, Grantee shall pay collection agency fees in addition to the unpaid amount. 6.5 No Accord and Satisfaction. If Grantee pays, or State otherwise receives, an amount less than the full amount then due, State may apply such payment as it elects. No endorsement or statement on any check, any payment, or any letter accompanying any check or payment constitutes accord and satisfaction. Aquatic Lands Easement Page 5 of 26 Easement No. 51-A71513 SECTION 7 IMPROVEMENTS 7.1 Improvements Defined. (a) “Improvements,” consistent with RCW 79.105 through 79.145, are additions within, upon, or attached to the land. This includes, but is not limited to, structures and fixtures. (b) “Personal Property” means items that can be removed from the Easement Property without (1) injury to the Easement Property, adjacent state-owned lands or Improvements or (2) diminishing the value or utility of the Easement Property, adjacent state-owned lands or Improvements. (c) “State-Owned Improvements” are Improvements made or owned by State. State- Owned Improvements includes any construction, alteration, or addition to State- Owned Improvements made by Grantee. (d) “Grantee-Owned Improvements” are Improvements made by Grantee with State’s consent. (e) “Unauthorized Improvements” are Improvements made on the Easement Property without State’s prior consent or Improvements made by Grantee that do not conform with plans submitted to and approved by the State. (f) “Improvements Owned by Others” are Improvements made by Others with a right to occupy or use the Easement Property or adjacent state-owned lands. 7.2 Existing Improvements. On the Commencement Date, the following Improvements are located on the Easement Property: City of Kent Sewer Main 51-071747 (Grantee Owned), TCI Cablevision of Washington Fiber Optic Cable 51-071597 (Owned by Others), Puget Sound Energy Powerline 51-071748 (Owned by Others), Qwest Corporation Fiber Optic Cable 51- 077142 (Owned by Others). 7.3 Construction, Major Repair, Modification, and Demolition. (a) This Paragraph 7.3 governs construction, alteration, replacement, major repair, modification alteration, demolition and deconstruction of Improvements (“Work”). Section 11 governs routine maintenance and minor repair of Improvements and Easement Property. (b) All Work must conform with State’s standards for Improvements current at the time Grantee submits plans and specifications for State’s approval. (c) Except in an emergency, Grantee shall not conduct any Work without State’s prior written consent, as follows: (1) State may deny consent if State determines that denial is in the best interests of the State. State may impose additional conditions reasonably intended to protect and preserve the Easement Property. If Work is for removal of Improvements at End of Term, State may waive removal of some or all Improvements. (2) Except in an emergency, Grantee shall submit to State plans and specifications describing the proposed Work at least sixty (60) days before submitting permit applications to regulatory authorities unless Grantee and State otherwise agree to coordinate permit applications. At a minimum, or Aquatic Lands Easement Page 6 of 26 Easement No. 51-A71513 if no permits are necessary, Grantee shall submit plans and specifications at least ninety (90) days before commencement of Work. (3) State waives the requirement for consent if State does not notify Grantee of its grant or denial of consent within sixty (60) days of submittal. (d) Grantee shall notify State of emergency Work within five (5) business days of the start of such Work. Upon State’s request, Grantee shall provide State with plans and specifications or as-builts of emergency Work. (e) Grantee shall not commence or authorize Work until Grantee has: (1) Obtained a performance and payment bond in an amount equal to Zero percent (0%) of the estimated cost of construction. Grantee shall maintain the performance and payment bond until Grantee pays in full the costs of the Work, including all laborers and material persons. (2) Obtained all required permits. (3) Provided notice of Significant Activity in accordance with Paragraph 2.5(c). (f) Grantee shall preserve and protect Improvements Owned by Others, if any. (g) Grantee shall preserve all legal land subdivision survey markers and witness objects (“Markers.”) If disturbance of a Marker will be a necessary consequence of Grantee’s construction, Grantee shall reference and/or replace the Marker in accordance with all applicable laws and regulations current at the time, including, but not limited to Chapter 58.24 RCW. At Grantee’s expense, Grantee shall retain a registered professional engineer or licensed land surveyor to reestablish destroyed or disturbed Markers in accordance with U.S. General Land Office standards. (h) Before completing Work, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition prior to the commencement of Work. If Work is intended for removal of Improvements at End of Term, Grantee shall restore the Easement Property in accordance with Paragraph 3.3, End of Term. (i) Upon completing work, Grantee shall promptly provide State with as-built plans and specifications. (j) State shall not charge rent for authorized Improvements installed by Grantee during this Term of this Easement, but State may charge rent for such Improvements when and if the Grantee or successor obtains a subsequent use authorization for the Easement Property and State has waived the requirement for Improvements to be removed as provided in Paragraph 7.4. 7.4 Grantee-Owned Improvements at End of Easement. (a) Disposition. (1) Grantee shall remove Grantee-Owned Improvements in accordance with Paragraph 7.3 upon the expiration, termination, or cancellation of the Easement unless State waives the requirement for removal. (2) Grantee-Owned Improvements remaining on the Easement Property on the expiration, termination, or cancellation date become State-Owned Aquatic Lands Easement Page 7 of 26 Easement No. 51-A71513 Improvements without payment by State, unless State elects otherwise. State may refuse or waive ownership. (3) If Grantee-Owned Improvements remain on the Easement Property after the expiration, termination, or cancellation date without State’s consent, State may remove all Improvements and Grantee shall pay the costs of removal and disposal. (b) Conditions Under Which State May Waive Removal of Grantee-Owned Improvements. (1) State may waive removal of any or all Grantee-Owned Improvements whenever State determines that it is in the best interests of the State. (2) If Grantee renews the Easement or enters into a new Easement, State may waive requirement to remove Grantee-Owned Improvements. State also may consent to Grantee’s continued ownership of Grantee-Owned Improvements. (3) If Grantee does not renew the Easement or enter into a new Easement, State may waive requirement to remove Grantee-Owned Improvements upon consideration of a timely request from Grantee, as follows: (i) Grantee must notify State at least one (1) year before the Termination Date of its request to leave Grantee-Owned Improvements. (ii) State, within ninety (90) days, will notify Grantee whether State consents to any or all Grantee-Owned Improvements remaining. State has no obligation to grant consent. (iii) State’s failure to respond to Grantee’s request to leave Improvements within ninety (90) days is a denial of the request. (c) Grantee’s Obligations if State Waives Removal. (1) Grantee shall not remove Improvements if State waives the requirement for removal of any or all Grantee-Owned Improvements. (2) Grantee shall maintain such Improvements in accordance with this Easement until the expiration, termination, or cancellation date. Grantee is liable to State for cost of repair if Grantee causes or allows damage to Improvements State has designated to remain. 7.5 Disposition of Unauthorized Improvements. (a) Unauthorized Improvements belong to State, unless State elects otherwise. (b) State may either: (1) Consent to Grantee ownership of the Improvements, or (2) Charge use and occupancy fee in accordance with RCW 79.105.200 of the Improvements from the time of installation or construction and (i) Require Grantee to remove the Improvements in accordance with Paragraph 7.3, in which case Grantee shall pay use and occupancy fee for the Improvements until removal, (ii) Consent to Improvements remaining and Grantee shall pay use and occupancy fee for the use of the Improvements, or Aquatic Lands Easement Page 8 of 26 Easement No. 51-A71513 (iii) Remove Improvements and Grantee shall pay for the cost of removal and disposal, in which case Grantee shall pay use and occupancy fee for use of the Improvements until removal and disposal. 7.6 Disposition of Personal Property. (a) Grantee retains ownership of Personal Property unless Grantee and State agree otherwise in writing. (b) Grantee shall remove Personal Property from the Easement Property by the Termination Date. Grantee is liable for any damage to the Easement Property and to any Improvements that may result from removal of Personal Property. (c) State may sell or dispose of all Personal Property left on the Easement Property after the Termination Date. (1) If State conducts a sale of Personal Property, State shall apply proceeds first to the State’s administrative costs in conducting the sale, second to payment of amount that then may be due from the Grantee to the State, and State shall pay the remainder, if any, to the Grantee. (2) If State disposes of Personal Property, Grantee shall pay for the cost of removal and disposal. SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION 8.1 Definitions. (a) “Hazardous Substance” means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination, pollution, or cleanup. (b) “Release or threatened release of Hazardous Substance” means a release or threatened release as defined under any law described in Paragraph 8.1(a). (c) “Utmost care” means such a degree of care as would be exercised by a very careful, prudent, and competent person under the same or similar circumstances; the standard of care applicable under the Washington State Model Toxics Control Act (“MTCA”), Chapter 70.105 RCW, as amended. (d) “Grantee and affiliates” when used in this Section 8 means Grantee or Grantee’s subgrantees, contractors, agents, employees, guests, invitees, licensees, affiliates, or any person on the Easement Property with the Grantee’s permission. (e) “Liabilities” as used in this Section 8 means any claims, demands, proceedings, lawsuits, damages, costs, expenses, fees (including attorneys’ fees and disbursements), penalties, or judgments. 8.2 General Conditions. (a) Grantee’s obligations under this Section 8 extend to the area in, on, under, or above: (1) The Easement Property and Aquatic Lands Easement Page 9 of 26 Easement No. 51-A71513 (2) Adjacent state-owned aquatic lands if affected by a release of Hazardous Substances that occurs as a result of the Permitted Use. (b) Standard of Care. (1) Grantee shall exercise the utmost care with respect to Hazardous Substances. (2) As relates to the Permitted Use, Grantee shall exercise utmost care for the foreseeable acts or omissions of third parties with respect to Hazardous Substances, and the foreseeable consequences of those acts or omissions, to the extent required to establish a viable, third-party defense under the law. 8.3 Current Conditions and Duty to Investigate. (a) State makes no representation about the condition of the Easement Property. Hazardous Substances may exist in, on, under, or above the Easement Property. (b) This Easement does not impose a duty on State to conduct investigations or supply information to Grantee about Hazardous Substances. (c) Grantee is responsible for conducting all appropriate inquiry and gathering sufficient information about the existence, scope, and location of Hazardous Substances on or near the Property necessary for Grantee to meet Grantee’s obligations under this Easement and utilize the Property for the Permitted Use. 8.4 Use of Hazardous Substances. (a) Grantee and affiliates shall not use, store, generate, process, transport, handle, release, or dispose of Hazardous Substances, except in accordance with all applicable laws. (b) Grantee shall not undertake, or allow others to undertake by Grantee’s permission, acquiescence, or failure to act, activities that result in a release or threatened release of Hazardous Substances. (c) If use of Hazardous Substances related to the Permitted Use results in a violation of law: (1) Grantee shall submit to State any plans for remedying the violations, and (2) Grantee shall implement any measures to restore the Easement Property or natural resources that State may require in addition to remedial measures required by regulatory authorities. 8.5 Management of Contamination, if any. (a) Grantee and affiliates shall not undertake activities that: (1) Damage or interfere with the operation of remedial or restoration activities, if any; (2) Result in human or environmental exposure to contaminated sediments, if any; (3) Result in the mechanical or chemical disturbance of on-site habitat mitigation, if any. (b) If requested, Grantee shall allow reasonable access to: Aquatic Lands Easement Page 10 of 26 Easement No. 51-A71513 (1) Employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology, health department, or other similar environmental agencies; and (2) Potentially liable or responsible parties who are the subject of an order or consent decree that requires access to the Easement Property. Grantee may negotiate an access agreement with such parties, but Grantee may not unreasonably withhold such agreement. 8.6 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances; (2) Any new discovery of or new information about a problem or liability related to, or derived from, the presence of Hazardous Substances; (3) Any lien or action arising from Hazardous substances; (4) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances; (5) Any notification from the US Environmental Protection Agency (EPA) or the Washington State Department of Ecology (DOE) that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee’s duty to report under Paragraph 8.6(a) extends to lands described in Paragraph 8.2(a) and to any other property used by Grantee in conjunction with the Easement Property if a release of Hazardous Substances on the other property could affect the Easement Property. (c) Grantee shall provide State with copies of all documents Grantee submits to any federal, state, or local authorities concerning environmental impacts or proposals relative to the Easement Property. Documents subject to this requirement include, but are not limited to, applications, reports, studies, or audits for National Pollution Discharge and Elimination System Permits; Army Corps of Engineers permits; State Hydraulic Project Approvals (HPA); State Water Quality certification; Substantial Development permit; and any reporting necessary for the existence, location, and storage of Hazardous Substances on the Property. 8.7 Indemnification. (a) Grantee shall fully indemnify, defend, and hold State harmless from and against Liabilities that arise out of, or relate to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Grantee and affiliates occurring whenever Grantee uses or has used the Easement Property; (2) The release or threatened release of any Hazardous Substance resulting from any act or omission of Grantee and affiliates occurring whenever Grantee uses or has used the Easement Property. Aquatic Lands Easement Page 11 of 26 Easement No. 51-A71513 (b) Grantee shall fully indemnify, defend, and hold State harmless for any Liabilities that arise out of or relate to Grantee’s breach of obligations under Paragraph 8.5. (c) Grantee has no duty to indemnify State for acts or omissions of third parties unless and only if an administrative or legal proceeding arising from a release or threatened release of Hazardous Substances finds or holds that Grantee failed to exercise care as described in Paragraph 8.2(b)(2). In such case, Grantee shall fully indemnify, defend, and hold State harmless from and against Liabilities arising from the acts or omissions of third parties in relation to the release or threatened release of Hazardous Substances. This includes Liabilities arising before the finding or holding in the proceeding. 8.8 Reservation of Rights. (a) For Liabilities not covered by the indemnification provisions of Paragraph 8.7, the Parties expressly reserve and do not waive any rights, claims, immunities, causes of action, or defenses relating to Hazardous Substances that either Party may have against the other under law. (b) The Parties expressly reserve all rights, claims, immunities, and defenses either Party may have against third parties. Nothing in this Section 8 benefits or creates rights for third parties. (c) The allocations of risks, Liabilities, and responsibilities set forth in this Section 8 do not release either Party from or affect the liability of either Party for Hazardous Substances claims or actions by regulatory agencies. 8.9 Cleanup. (a) If Grantee’s act, omission, or breach of obligation under Paragraph 8.4 results in a release of Hazardous Substances that exceeds the threshold limits of any applicable regulatory standard, Grantee shall, at Grantee’s sole expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances in accordance with applicable law. (b) Grantee may undertake a cleanup of the Property pursuant to the Washington State Department of Ecology’s Voluntary Cleanup Program, provided that Grantee cooperates with the Department of Natural Resources in development of cleanup plans. Grantee shall not proceed with Voluntary Cleanup without the Department of Natural Resources approval of final plans. Nothing in the operation of this provision is an agreement by the Department of Natural Resources that the Voluntary Cleanup complies with any laws or with the provisions of this Easement. Grantee’s completion of a Voluntary Cleanup is not a release from or waiver of any obligation for Hazardous Substances under this Easement. 8.10 Sampling by State, Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations (“Tests”) of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances. Aquatic Lands Easement Page 12 of 26 Easement No. 51-A71513 (b) If such Tests, along with any other information, demonstrate a breach of Grantee’s obligations regarding Hazardous Substances under this Easement, Grantee shall promptly reimburse State for all costs associated with the Tests, provided State gave Grantee thirty (30) calendar days advance notice in nonemergencies and reasonably practical notice in emergencies. (c) In nonemergencies, Grantee is entitled to obtain split samples of Test samples, provided Grantee gives State written notice requesting split samples at least ten (10) calendar days before State conducts Tests. Upon demand, Grantee shall promptly reimburse State for additional cost, if any, of split samples. (d) If either Party conducts Tests on the Property, the conducting Party shall provide the other with validated final data and quality assurance/quality control/chain of custody information about the Tests within sixty (60) calendar days of a written request by the other party, unless Tests are part of a submittal under Paragraph 8.6(c) in which case Grantee shall submit data and information to State without written request by State. Neither party is obligated to provide any analytical summaries or the work product of experts. SECTION 9 ASSIGNMENT Grantee shall not assign any part of Grantee’s interest in this Easement or the Easement Property or grant any rights or franchises to third parties without State’s prior written consent, which State shall not unreasonably condition or withhold. State reserves the right to reasonably change the terms and conditions of this Easement upon State’s consent to assignment. SECTION 10 INDEMNITY, FINANCIAL SECURITY, INSURANCE 10.1 Indemnity. Each Party is responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority. 10.2 Insurance Terms. (a) Insurance Required. (1) Grantee certifies that it is self-insured for all the liability exposures, its self-insurance plan satisfies all State requirements, and its self-insurance plan provides coverage equal to that required in this Paragraph 10.2 and by Paragraph 10.3, Insurance Types and Limits. Grantee shall provide to State evidence of its status as a self-insured entity. Upon request by State, Grantee shall provide a written description of its financial condition and/or the self-insured funding mechanism. Grantee shall provide State with at least thirty (30) days’ written notice prior to any material changes to Grantee’s self-insured funding mechanism. (2) Unless State agrees to an exception, Grantee shall provide insurance issued by an insurance company or companies admitted to do business in the State of Washington and have a rating of A- or better by the most Aquatic Lands Easement Page 13 of 26 Easement No. 51-A71513 recently published edition of Best’s Reports. Grantee may submit a request to the risk manager for the Department of Natural Resources to approve an exception to this requirement. If an insurer is not admitted, the insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. (3) All general liability, excess, umbrella, property, builder’s risk, and pollution legal liability insurance policies must name the State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees as an additional insured. (4) All insurance provided in compliance with this Easement must be primary as to any other insurance or self-insurance programs afforded to or maintained by State. (b) Waiver. (1) Grantee waives all rights against State for recovery of damages to the extent insurance maintained pursuant to this Easement covers these damages. (2) Except as prohibited by law, Grantee waives all rights of subrogation against State for recovery of damages to the extent that they are covered by insurance maintained pursuant to this Easement. (c) Proof of Insurance. (1) Grantee shall provide State with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with insurance requirements specified in this Easement and, if requested, copies of policies to State. (2) The certificate(s) of insurance must reference additional insureds and the Easement number. (3) Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. (d) State must receive written notice before cancellation or non-renewal of any insurance required by this Easement, as follows: (1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance Commissioner): If cancellation is due to non-payment of premium, provide State ten (10) days’ advance notice of cancellation; otherwise, provide State forty-five (45) days’ advance notice of cancellation or non- renewal. (2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to non-payment of premium, provide State ten (10) days’ advance notice of cancellation; otherwise, provide State thirty (30) days’ advance notice of cancellation or non-renewal. (e) Adjustments in Insurance Coverage. (1) State may impose changes in the limits of liability for all types of insurance as State deems necessary. (2) Grantee shall secure new or modified insurance coverage within thirty (30) days after State requires changes in the limits of liability. Aquatic Lands Easement Page 14 of 26 Easement No. 51-A71513 (f) If Grantee fails to procure and maintain the insurance described above within fifteen (15) days after Grantee receives a notice to comply from State, State may either: (1) Deem the failure an Event of Default under Section 14, or (2) Procure and maintain comparable substitute insurance and pay the premiums. Upon demand, Grantee shall pay to State the full amount paid by State, together with interest at the rate provided in Paragraph 6.2 from the date of State’s notice of the expenditure until Grantee’s repayment. (g) General Terms. (1) State does not represent that coverage and limits required under this Easement are adequate to protect Grantee. (2) Coverage and limits do not limit Grantee’s liability for indemnification and reimbursements granted to State under this Easement. (3) The Parties shall use any insurance proceeds payable by reason of damage or destruction to Easement Property first to restore the Easement Property, then to pay the cost of the reconstruction, then to pay the State any sums in arrears, and then to Grantee. 10.3 Insurance Types and Limits. (a) General Liability Insurance. (1) Grantee shall maintain commercial general liability insurance (CGL) or marine general liability (MGL) covering claims for bodily injury, personal injury, or property damage arising on the Easement Property and/or arising out of the Permitted Use and, if necessary, commercial umbrella insurance with a limit of not less than One Million Dollars ($1,000,000) per each occurrence. If such CGL or MGL insurance contains aggregate limits, the general aggregate limit must be at least twice the “each occurrence” limit. CGL or MGL insurance must have products-completed operations aggregate limit of at least two times the “each occurrence” limit. (2) CGL insurance must be written on Insurance Services Office (ISO) Occurrence Form CG 00 01 (or a substitute form providing equivalent coverage). All insurance must cover liability arising out of premises, operations, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another party assumed in a business contract) and contain separation of insured (cross-liability) condition. (3) MGL insurance must have no exclusions for non-owned watercraft. (b) Workers’ Compensation. (1) State of Washington Workers’ Compensation. (i) Grantee shall comply with all State of Washington workers’ compensation statutes and regulations. Grantee shall provide workers’ compensation coverage for all employees of Grantee. Coverage must include bodily injury (including death) by accident Aquatic Lands Easement Page 15 of 26 Easement No. 51-A71513 or disease, which arises out of or in connection with the Permitted Use or related activities. (ii) If Grantee fails to comply with all State of Washington workers’ compensation statutes and regulations and State incurs fines or is required by law to provide benefits to or obtain coverage for such employees, Grantee shall indemnify State. Indemnity includes all fines; payment of benefits to Grantee, employees, or their heirs or legal representatives; and the cost of effecting coverage on behalf of such employees. (2) Longshore and Harbor Workers’ and Jones Acts. Longshore and Harbor Workers’ Act (33 U.S.C. Section 901 et seq.) and/or the Jones Act (46 U.S.C. Section 688) may require Grantee to provide insurance coverage in some circumstances. Grantee shall ascertain if such insurance is required and, if required, shall maintain insurance in compliance with law. Grantee is responsible for all civil and criminal liability arising from failure to maintain such coverage. (c) Employers’ Liability Insurance. Grantee shall procure employers’ liability insurance, and, if necessary, commercial umbrella liability insurance with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury by accident or One Million Dollars ($1,000,000) each employee for bodily injury by disease. 10.4 Financial Security. (a) At its own expense, Grantee shall procure and maintain during the Term of this Easement a corporate security bond or provide other financial security that State may approve (“Security”). Grantee shall provide Security in an amount equal to Zero Dollars ($0), which is consistent with RCW 79.105.330, and secures Grantee’s performance of its obligations under this Easement, with the exception of the obligations under Section 8, Environmental Liability/Risk Allocation. Grantee’s failure to maintain the Security in the required amount during the Term constitutes a breach of this Easement. (b) All Security must be in a form acceptable to the State. (1) Bonds must be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better, in the most recently published edition of Best’s Reports, unless State approves an exception. Grantee may submit a request to the Risk Manager for the Department of Natural Resources for an exception to this requirement. (2) Letters of credit, if approved by State, must be irrevocable, allow State to draw funds at will, provide for automatic renewal, and comply with RCW 62A.5-101, et. seq. (3) Savings account assignments, if approved by State, must allow State to draw funds at will. (c) Adjustment in Amount of Security. (1) State may require an adjustment in the Security amount: (i) At the same time as revaluation, if any, Aquatic Lands Easement Page 16 of 26 Easement No. 51-A71513 (ii) As a condition of approval of assignment of this Easement, (iii) Upon a material change in the condition or disposition of any Improvements, or (iv) Upon a change in the Permitted Use. (2) Grantee shall deliver a new or modified form of Security to State within thirty (30) days after State has required adjustment of the amount of the Security. (d) Upon any default by Grantee in its obligations under this Easement, State may collect on the Security to offset the liability of Grantee to State. Collection on the Security does not (1) relieve Grantee of liability, (2) limit any of State’s other remedies, (3) reinstate or cure the default or (4) prevent termination of the Easement because of the default. SECTION 11 ROUTINE MAINTENANCE AND REPAIR 11.1 State’s Repairs. This Easement does not obligate State to make any alterations, maintenance, replacements, or repairs in, on, or about the Easement Property, during the Term. 11.2 Grantee’s Repairs and Maintenance. (a) Routine maintenance and repair are acts intended to prevent a decline, lapse or, cessation of the Permitted Use and associated Improvements. Routine maintenance or repair is the type of work that does not require regulatory permits. (b) At Grantee’s sole expense, Grantee shall keep and maintain all Grantee-Owned Improvements and the Easement Property as it relates to the Permitted Use in good order and repair and in a safe condition. State’s consent is not required for routine maintenance or repair. (c) At Grantee’s own expense, Grantee shall make any additions, repairs, alterations, maintenance, replacements, or changes to the Easement Property or to any Improvements on the Easement Property that any public authority requires because of the Permitted Use. (d) Upon completion of maintenance activities, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition prior to the commencement of work. SECTION 12 DAMAGE OR DESTRUCTION 12.1 Notice and Repair. (a) In the event of any known damage to or destruction of the Easement Property or any Improvements, Grantee shall promptly give written notice to State. State does not have actual knowledge of the damage or destruction of the Easement Property or any Improvements without Grantee’s written notice. Aquatic Lands Easement Page 17 of 26 Easement No. 51-A71513 (b) Unless otherwise agreed in writing, Grantee shall promptly reconstruct, repair, or replace any Improvements in accordance with Paragraph 7.3, Construction, Major Repair, Modification, and Demolition, as nearly as possible to its condition immediately prior to the damage or destruction. Where damage to state-owned aquatic land or natural resources is attributable to the Permitted Use or related activities, Grantee shall promptly restore the lands or resources to the condition preceding the damage in accordance with Paragraph 7.3 unless otherwise agreed in writing. 12.2 State’s Waiver of Claim. State does not waive any claims for damage or destruction of the Easement Property unless State provides written notice to Grantee of each specific claim waived. 12.3 Insurance Proceeds. Grantee’s duty to reconstruct, repair, or replace any damage or destruction of the Easement Property or any Improvements on the Easement Property is not conditioned upon the availability of any insurance proceeds to Grantee from which the cost of repairs may be paid. The Parties shall use insurance proceeds in accordance with Paragraph 10.2(g)(3). SECTION 13 CONDEMNATION In the event of condemnation, the Parties shall allocate the award between State and Grantee based upon the ratio of the fair market value of (1) Grantee’s rights in the Easement Property and Grantee-Owned Improvements and (2) State’s interest in the Easement Property; the reversionary interest in Grantee-Owned Improvements, if any; and State-Owned Improvements. In the event of a partial taking, the Parties shall compute the ratio based on the portion of Easement Property or Improvements taken. If Grantee and State are unable to agree on the allocation, the Parties shall submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. SECTION 14 REMEDIES AND TERMINATION 14.1 Breach. (a) State may terminate this Easement upon Grantee’s failure to cure a breach of its terms within sixty (60) days of State’s written notice of breach. (b) For nonmonetary breach not capable of cure within sixty (60) days, State will not unreasonably withhold approval of a reasonable alternative cure schedule. Grantee must submit a cure schedule within thirty (30) days of a notice of breach. State shall not terminate if State approves the schedule and Grantee works diligently and in good faith to execute the cure. State may terminate if Grantee fails to timely submit a schedule or fails to cure in accordance with an approved schedule. Aquatic Lands Easement Page 18 of 26 Easement No. 51-A71513 (c) If breach arises from Grantee’s failure to comply with restrictions on Permitted use under Paragraph 2.2, State may, without terminating this Easement, restore the natural resources or Property and charge Grantee restoration costs and/or charge Grantee damages. On demand by State, Grantee shall pay all costs and/or damages. 14.2 Termination by Nonuse. If Grantee does not use the Easement Property for a period of three (3) successive years, this Easement terminates without further action by State. Grantee’s rights revert to State upon Termination by Nonuse. 14.3 Termination by Grantee. Grantee may terminate this Easement upon providing State with sixty (60) days written notice of intent to terminate. Grantee shall comply with Paragraph 3.3, End of Term. 14.4 Remedies Not Exclusive. The remedies specified under this Section 14 are not exclusive of any other remedies or means of redress to which the State is lawfully entitled for Grantee’s breach or threatened breach of any provision of this Easement. SECTION 15 NOTICE AND SUBMITTALS Following are the locations for delivery of notice and submittals required or permitted under this Easement. Any Party may change the place of delivery upon ten (10) days written notice to the other. State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics 950 Farman Avenue North Enumclaw, WA 98022-9282 Grantee: CITY OF KENT 220 Fourth Avenue South Kent, WA 98032 The Parties may deliver any notice in person, by facsimile machine, or by certified mail. Depending on the method of delivery, notice is effective upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after mailing. All notices must identify the Easement number. On notices transmitted by facsimile machine, the Parties shall state the number of pages contained in the notice, including the transmittal page, if any. Aquatic Lands Easement Page 19 of 26 Easement No. 51-A71513 SECTION 16 MISCELLANEOUS 16.1 Authority. Grantee and the person or persons executing this Easement on behalf of Grantee represent that Grantee is qualified to do business in the State of Washington, that Grantee has full right and authority to enter into this Easement, and that each and every person signing on behalf of Grantee is authorized to do so. Upon State’s request, Grantee shall provide evidence satisfactory to State confirming these representations. 16.2 Successors and Assigns. This Easement binds and inures to the benefit of the Parties, their successors, and assigns. 16.3 Headings. The headings used in this Easement are for convenience only and in no way define, limit, or extend the scope of this Easement or the intent of any provision. 16.4 Entire Agreement. This Easement, including the exhibits and addenda, if any, contains the entire agreement of the Parties. This Easement merges all prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Easement Property. 16.5 Waiver. (a) The waiver of any breach or default of any term, covenant, or condition of this Easement is not a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Easement. State’s acceptance of payment is not a waiver of any preceding or existing breach other than the failure to pay the particular payment that was accepted. (b) The renewal of the Easement, extension of the Easement, or the issuance of a new Easement to Grantee, does not waive State’s ability to pursue any rights or remedies under the Easement. 16.6 Cumulative Remedies. The rights and remedies of State under this Easement are cumulative and in addition to all other rights and remedies afforded by law or equity or otherwise. 16.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Easement. 16.8 Language. The word “Grantee” as used in this Easement applies to one or more persons, as the case may be. The singular includes the plural, and the neuter includes the masculine and feminine. If there is more than one Grantee, their obligations are joint and several. The word “persons,” whenever used, includes individuals, firms, associations, and corporations. The word “Parties” means State and Grantee in the collective. The word “Party” means either or both State and Grantee, depending on context. Aquatic Lands Easement Page 20 of 26 Easement No. 51-A71513 16.9 Invalidity. The invalidity, voidness, or illegality of any provision of this Easement does not affect, impair, or invalidate any other provision of this Easement. 16.10 Applicable Law and Venue. This Easement is to be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute means that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Easement is in the Superior Court for Thurston County, Washington. 16.11 Recordation. At Grantee’s expense and no later than thirty (30) days after receiving the fully-executed Easement, Grantee shall record this Easement in the county in which the Property is located. Grantee shall include the parcel number of the upland property used in conjunction with the Property, if any. Grantee shall provide State with recording information, including the date of recordation and file number. 16.12 Modification. No modification of this Easement is effective unless in writing and signed by the Parties. Oral representations or statements do not bind either Party. 16.13 Survival. Any obligations of Grantee not fully performed upon termination of this Easement do not cease, but continue as obligations of the Grantee until fully performed. Aquatic Lands Easement Page 21 of 26 Easement No. 51-A71513 16.14 Exhibits. All referenced exhibits are incorporated in this Easement unless expressly identified as unincorporated. THIS AGREEMENT requires the signature of all Parties and is effective on the date of the last signature below. CITY OF KENT Dated: _____________________, 20__ __________________________________ By: SUZETTE COOKE Title: Mayor Address: 220 Fourth Avenue South Kent, WA 98032 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: _____________________, 20__ __________________________________ By: PETER GOLDMARK Title: Commissioner of Public Lands Address: Shoreline District Aquatics 950 Farman Avenue North Enumclaw, WA 98022-9282 Approved as to form this 16 day of June 2010 Janis Snoey, Assistant Attorney General Aquatic Lands Easement Page 22 of 26 Easement No. 51-A71513 REPRESENTATIVE ACKNOWLEDGMENT STATE OF ) ) ss County of ) I certify that I know or have satisfactory evidence that SUZETTE COOKE is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF KENT to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: _______________________________ ___________________________________ (Signature) (Seal or stamp) ___________________________________ (Print Name) Notary Public in and for the State of Washington, residing at ___________________________________ My appointment expires _______________ Aquatic Lands Easement Page 23 of 26 Easement No. 51-A71513 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the COMMISSIONER OF PUBLIC LANDS, and ex officio administrator of the DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF WASHINGTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: _______________________________ ___________________________________ (Signature) (Seal or stamp) ___________________________________ (Print Name) Notary Public in and for the State of Washington, residing at ___________________________________ My appointment expires _______________ Aquatic Lands Easement Page 24 of 26 Easement No. 51-A71513 EXHIBIT A Legal Description – Proposed Pedestrian Easement A STRIP OF LAND 30.00 FEET IN WIDTH OVER A PORTION OF GOVERNMENT LOT 3 IN SECTION 10, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. AND IN KING COUNTY, WASHINGTON, SAID STRIP BEING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTH ONE QUARTER CORNER OF SAID SECTION 10; THENCE S89°39’21”E ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 1,543.72 FEET TO A POINT ON THE CENTERLINE OF FRAGER ROAD, SAID POINT BEING ON A 2,400.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS S65°48’49”E; THENCE, NORTHEASTERLY, ALONG SAID CURVE AND CENTERLINE, THROUGH A CENTRAL ANGLE OF 00°04’17”, AN ARC DISTANCE OF 2.99 FEET TO A POINT OF TANGENCY WITH A 2,400,00 FOOT RADIUS CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°34’52”, AN ARC DISTANCE OF 150,00 FEET; THENCE S70°03’20”E 58.00 FEET, MORE OR LESS TO A POINT ON THE WESTERLY LINE OF ORDINARY HIGH WATER OF THE GREEN RIVER AND THE TRUE POINT OF BEGINNING OF THE HERIN DESCRIBED CENTERLINE; THENCE CONTINUING S°70°03’20”E 95.00 FEET, MORE OR LESS, TO THE EASTERLY LINE OF ORDINARY HIGH WATER OF THE GREEN RIVER AND THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED, AS REQUIRED, TO INTERSECT THE EASTERLY AND WESTERLY LINES OF ORDINARY HIGH WATER OF SAID GREEN RIVER. Aquatic Lands Easement Page 25 of 26 Easement No. 51-A71513 EXHIBIT B 1. DESCRIPTION OF PERMITTED USE A. Existing Facilities. A 180-foot pedestrian and utility bridge crossing the Green River at approximately river mile 19 in Kent, WA. Attached to the existing pedestrian bridge and under separate DNR agreements are: City of Kent Sewer Main 51-071747 TCI Cablevision of Washington Fiber Optic Cable 51-071597 Puget Sound Energy Powerline 51-071748 Qwest Corporation Fiber Optic Cable 51-077142 B. Proposed Facilities. Grantee proposes no new facilities. Aquatic Lands Easement Page 26 of 26 Easement No. 51-A71513 Agenda Item: Consent Calendar- 7G TO: City Council DATE: May 20, 2014 SUBJECT: Consultant Services Agreement with GeoEngineers, Inc. for Low Impact Development - Authorize SUMMARY: In 2012, the City of Kent received Washington State Department of Ecology grant funds for the planning and design of a low impact development project. Low impact development is an emerging strategy for managing stormwater, and it relies heavily on understanding the existing hydrology and geology. The grant provides up to $120,000 for this effort. Geotechnical analyses of soil borings will be used to determine if low impact development construction is suitable in this area. In general, infiltration of stormwater is a major component of low impact methods. The results will be used by city design staff to layout alternatives for capturing and treating stormwater before it is discharged to Mill Creek. EXHIBITS: Consultant Services Agreement – GeoEngineers, Inc. RECOMMENDED BY: Public Works Committee YEA: Ralph – Higgins - Fincher NAY: BUDGET IMPACTS: This contract will be 100% grant funded by the Washington State Department of Ecology 2013-2015 Biennial Municipal Stormwater Capacity Grant. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers in an amount not to exceed $52,186.00 to provide geotechnical engineering services for the Mill Creek Neighborhood Low Impact Development Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide site suitability assessment, geotechnical engineering and hydrology support for the design of Low Impact Development improvements for a Mill Creek Neighborhood. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by January 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty Two Thousand, One Hundred Eighty Six Dollars ($52,186.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 2 (Over $10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over $10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant’s professional services only, Consultant’s duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. 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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The City’s use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, and agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. 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. CONSULTANT SERVICES AGREEMENT - 5 (Over $10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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: Lyle Stone GeoEngineers, Inc. 1101 S. Fawcett Ave., Suite 200 Tacoma, WA 98402 (253) 383-4940 (telephone) (253) 383-4923 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) CONSULTANT SERVICES AGREEMENT - 6 (Over $10,000) APPROVED AS TO FORM: Kent Law Department GeoEngineers - LID Mill Crk/Hunsdorfer EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 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. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EXHIBIT A GEOENGINEERS, INC. LOW IMPACT DEVELOPMENT WATER QUALITY TREATMENT AND FLOW CONTROL MILL CREEK NEIGHBORHOOD GEOTECHNICAL AND HYDROLOGY SUPPORT KENT, WASHINGTON APRIL 25, 2014 FILE NO. 0410-190-00 INTRODUCTION The purpose of the project is to improve stormwater runoff quality from the Mill Creek Neighborhood. This neighborhood currently has no water treatment facilities and the City of Kent has identified the need for water quality improvements in the area due to its proximity to Mill Creek. The City has received funding from the Washington State Department of Ecology (Ecology) for the planning and design of Low Impact Development (LID) facilities. We understand that bioswales are currently being considered as a stormwater treatment method. The site comprises roughly four city blocks to the east of Mill Creek. The site is generally bounded by East James Street to the north, East Temperance Street to the south, Prospect Avenue North to the east, and Clark Avenue to the west. Stormwater improvements are proposed for East Temperance, Prospect Avenue North, Clark Avenue, and Cedar Street, encompassing approximately 3,300 feet of roadway. The purpose of our services is to provide a site suitability assessment, geotechnical engineering and hydrology support for the design of LID stormwater improvements. We understand that the City of Kent will provide the civil design for the project including layout of stormwater improvements and associated roadway and sidewalk improvements. The City will also develop plans and specifications for construction. We anticipate that the project will be completed in the following phases: ■ Initial Site Evaluation (GeoEngineers with input from City of Kent). ■ Geotechnical Site Soils Evaluation (GeoEngineers). ■ Develop a baseline hydrology model to calculate road runoff under pre-developed conditions (GeoEngineers). ■ Develop up to two preliminary concepts for options for improving stormwater quality. The preliminary concepts will include general order of magnitude quantities for design elements such as stormwater storage, quantity of treatment facilities (i.e., total required square footage of bioswales), and anticipated stormwater runoff quantities for each concept (GeoEngineers). ■ Develop a preliminary layout plan based on one of the preliminary concepts with specific site locations of each of the design elements (City of Kent). ■ Revise and iterate the final hydrology model based on the preferred layout (GeoEngineers). ■ Finalize Plans and Specifications (City of Kent with input from GeoEngineers). City of Kent | April 28, 2014 Page 2 File No. 0410-190-00 SCOPE OF SERVICES Our specific scope of services for the Mill Creek Neighborhood Low Impact Development Water Quality Treatment and Flow Control project includes: 1. Attending one on-site meeting with the City of Kent. The purpose of this meeting will be to develop a better understanding of project requirements and regulatory and physical site constraints. 2. Reviewing Ecology’s Stormwater Management Manual for Western Washington with regard to project specific criteria. We will also review the Ecology funding requirements for this City of Kent project to determine additional technical requirements and Ecology’s expectations for the project. 3. Coordinating subsurface explorations. We will mark exploration locations and contact the “One-Call” utility locate service prior to beginning our explorations. The explorations will be completed on existing City of Kent right-of-way (ROW). We understand perm itting and site access coordination for explorations will be completed as necessary by the City of Kent. 4. Installing four monitoring wells across the project site. The purpose of these wells is to evaluate the regional groundwater level and gradient. We have based our budget on installing four piezometers to 20 feet below ground surface (bgs). Electronic data loggers will be installed in each well to monitor groundwater levels for up to 1 year. 5. Performing shallow (less than 5 feet bgs) explorations on the shoulders of the road. The purpose of these explorations is to identify areas suitable for low volume stormwater infiltration. We have budgeted for about 30 shallow explorations to be completed over two days. The amount of subsurface explorations completed will depend in part on site access and project requirements. 6. Performing laboratory testing of samples obtained from our explorations. We have budgeted for up to 30 sieve analyses (used to estimate infiltration rates) and up to 10 Cation Exchange Capacity (CEC) tests (used to estimate water treatment potential). 7. Providing design infiltration rates based on the results of our sieve analyses in accordance with Ecology guidelines. 8. Preparing a stormwater infiltration and treatment feasibility report presenting the results of our soils investigation and our conclusions and recommendations. 9. Developing a baseline hydrologic model. We will develop a “without controls” stormwater model using Western Washington Hydrology Model (2012 version). This model will be used to establish the flow volumes generated from each roadway, and define the inputs for treatment options in later models. This task includes basin delineation using topographic survey (provided by City) and/or Light Detection and Ranging (LiDAR) data. 10. Performing preliminary hydrologic modeling of proposed conditions. Upon development of preliminary design alternatives (City and GeoEngineers), we will develop preliminary models to evaluate the potential effectiveness of each option (up to two) to treat stormwater runoff to the required criteria. 11. Preparing a preliminary design memorandum including the results of our baseline and preliminary hydrologic model analysis. 12. Developing a final hydrologic model. After the selection of the preferred alternative and the City of Kent completes the project layout, we will run multiple iterations of the hydrologic model to evaluate the final City of Kent | April 28, 2014 Page 3 File No. 0410-190-00 project layout. If necessary, we will coordinate with the City of Kent to modify the final layout to meet treatment criteria or to improve treatment to the extent practical. 13. Preparing a final stormwater design report for submittal to Ecology. 14. Reviewing plans and specifications prepared by the City of Kent. Our scope of services does not include preparing construction plans and specifications or construction observation and support. LJS:GHS:tt Attachment: Exhibit B Fee Estimate Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2014 by GeoEngineers, Inc. All rights reserved. Principal (Garry Squires)Senior Engineer (Lyle Stone)Senior Hydrologist (Jon Ambrose)Staff Scientist 3 (Minda Troost)Staff Engineer 2 (Brett Larabee)Staff Scientist 2 (Angela Nelson)Support (Various)Total HoursDirect ExpensesFee EstimateRate Rate Rate Rate Rate Rate Rate$223 $171 $171 $130 $120 $114 $88Task Description Hours Hours Hours Hours Hours Hours Hours1.0 Initial Project Coordination (Scope Items 1 through 3)Hours 6 6 8 8 28 $3,924Mileage120 @ $0.565 $68$3,9922.0 Geotechnical Investigation and Documentation (Scope Items 4 through 8) Hours 6 24 48 10 88.0 $12,082Subcontracted Drilling1 @ $15,700 $15,700Laboratory Analysis40 @ $85 $3,400Mileage160 @ $0.565 $90$31,2723.0 Hydrology Modeling and Documentation (Scope Items 9 through 13) Hours 2 42 18 30 4 96 $13,740$13,7404.0 Plan Review and Additional Services (Scope Item 14 and 15) Hours 2 8 818 $3,182$3,182 Total Labor (GeoEngineers) 10 38 56 18 56 38 14 230.0 $32,928Total Direct Expenses$19,258$52,186LID MILL CREEK NEIGHBORHOOD GEOTECHNICAL AND HYDROLOGY SUPPORT Kent, WashingtonExhibit B: Fee EstimateGeoEngineers, Inc.Total Estimated FeeTask Estimated FeeTask Estimated FeeTask Estimated FeeTask Estimated FeeFile No. 0410-190-00Exhibit A Fee Estimate | April 28, 2014 This page intentionally left blank. EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Agenda Item: Consent Calendar – 7H TO: City Council DATE: May 20, 2014 SUBJECT: Fiscal Year 2014 JAG Grant - Accept SUMMARY: The Valley Narcotics Enforcement Team (VNET) applied for and received a Justice Assistance Grant to fund the Valley Narcotics Enforcement Team (VNET) office manager position. Those grant funds include the cost of the office manager’s salary and benefits. The city of Auburn is the fiscal agent for VNET and the city of Kent is a sub-recipient of the grant. The VNET office manager, Joanne Moen, is a city of Kent employee and 100% of her salary and benefits are paid for by the grant funds, on a reimbursement basis. Since the city of Kent is a sub-recipient of JAG funds, it is required to complete the sub-recipient application materials in order to confirm compliance with the grant’s terms and conditions. EXHIBIT: Sub-Recipient Compliance Verification Materials RECOMMENDED BY: Public Safety Committee YEA: Berrios - Thomas – Ralph NAY: BUDGET IMPACTS: Unanticipated income/expense. MOTION: Authorize the Mayor to accept the Justice Assistance Grant to fund the Valley Narcotics Enforcement Team office manager, in an amount of at least $91,842.00, authorize the Mayor to sign all documents, amend the budget, and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the Police Chief and City Attorney. This page intentionally left blank. Interagency Agreement Edward Byrne Memorial justice Assistance Grant (JAG) Program FY 2013 Local Solicitation Executed by City of Seattle Department Authorized Representative: Diane Pilon 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 and City of Kent, hereinafter referred to as "Recipient" Grant Manager: Sara Wood 220 4th Ave. S Kent, WA 98032 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. CITY OF KENT Suzette Coolie, Mayor CITY OF SEATTLE Harty Bailey, Interim Chief of Police Date: Authorized by: Grant Program: Edward Byrne Memorial Justice Assistance Grant (JAGj Program I Y 13 JAG L�teragency Agreement, Page i of 72 WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS, the JAG Program supports all components of the criminal justice system, from multi - jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives; and WHEREAS, the United States Congress authorized $635,618 in the justice Assistance Grant (JAG) Program for jurisdictions in King County, and WHEREAS, 10 jurisdictions in King County were required to apply for a JAG Program award with a single, joint application; and WHEREAS, the City, as the identified Fiscal Agent, submitted the Joint application to the Bureau of Justice Assistance on July 9, 2013 to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has awarded $635,618 to the City from these JAG Program funds; and WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal Agent for this award, is to distribute grant funds to co -applicants, the City intends to transfer some of the JAG funds it receives to those co -applicants; and tNHEREAS, the Ciiy is not obligated to continue or maintain grant funding levels for the JAG Program once grant funds have lapsed; and WHEREAS, recipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG finds are spent, NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains six Articles: ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect until September 30, 2016 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated pw•poses of the Byrne Memorial justice Assistance Grant (JAG) Program (42 U,S.C. 3751(a.) The Edward Byrne Memorial justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local Jurisdictions. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. JAG funded projects may address crime through the provision of services directly to PY 13 JAG Interagency Agreement, Page 2 of 72 individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. ARTICLE III: SPECIAL CONDITIONS ® Funds are provided by the U.S. Department of Justice, Office of justice Programs, Bureau of Justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Recipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. ® The Recipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Recipient agrees that it will not hold the Seattle Police Department, the City of Seattle, or the Department of justice liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to the distribution and availability of federal funds, ® The Recipient shall comply with all conditions and limitations set forth in the FY 2013 Justice Assistance Grant Program Award # 2013-DJ-BX-0715. The FY 2013 Justice Assistance Grant Program Award Report #; 2013-DJ-BX-0715 is attached to and made part of this agreement, as Attachment A. Allocation and use of grant funding must be in accordance with all special conditions included in the Award Report. All Recipients are assumed to have read, understood, and accepted the Award Report as binding. ® The Recipient acicnowiedges that all allocations and use CA, A s under this agreement will be in accordance with the Edward Byrne Memorial Justice Assistance Grant (JAG) Fot mula Program; Local Solicitation, Allocation and use of grant funding must be coordinated with the goals and objectives included in the Local Solicitation. All Recipients are assumed to have read, understood, and accepted the Local Solicitation as binding, � Recipient agrees to obtain a valid DUNS profile and create an active t•egistration with the Central Contractor Registration (CCR) database no later than the due date of the Recipient's first quarterly report after a subaward is made. ® The Recipient shall comply with all applicable laws, regulations, and program guidance. A non -exhaustive list of regulations commonly applicable to BJA grants ar•e listed below, including the guidance: (Q) Administrative Requirements: OMB Circular A-102, State and Local Governments (10/7/94, amended 8/29/07) (44CFR Part 13) {R} Cost Principles: OMB Circular A-87, State and Local Governments (5/10/04) FY 13 JAG Interagency Agreement, Page 3 of 72 (S) Audit Requirements; 0 M C Circular Awl 33, Audits of State, Local Governments, and Non -Profit Organizations (6/24/97, includes revisions in the Federal Register 6/27/03) (T) The Recipient must comply with the most recent version of the Administrative Requirements, Cost Principals, and Audit Requirements. 29) Non -Federal entities that expend $500,000 or more in one fiscal year in Federal awards shall have a single or program -specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, *and non -Profit Organizations. Non-federal entities that spend less than $500,000 a yeai r n federal awards are exempt from federal audit requirements for that year,. except as noted in Circular No. Am133, but records must be available for review or audit by appropriate officials of the Federal agency, pass -through entity, and General Accounting Office (GAO). 30) Recipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GARS), as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement, The Recipient has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. 31) The Recipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub -recipients also maintain auditable records. 32) The Recipient is responsible for any audit exceptions incurred by its own organization or that of Its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Recipient must respond to requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The City reserves the right to recover from the Recipient all disallowed costs resulting from the audit. 33) If applicable, once any single audit has been completed, the Recipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Recipient must send the audit and the letter no later than nine months after the end of the Recipient's fiscal year(s) to: Diane Pilon, JAG Program Manager Seattle Police Department 610 5th Avenue PO Box 34986 FY 13 1AG Interagenc)Agreement, Page 4 of 72 Seattle, WA 98124-4986 206-386-1996 34) In addition to sending a copy of the audit, the Recipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received. 35) The Recipient shall include the above audit requirements in any subcontracts. m The Recipient as, to cooperate with any assessments, national evaluation efforts, or information or data collection requirements, including, but not limited to, the provision of any information required for assessment or evaluation of activities within this agreement, and for compliance BJA reporting requirements. When implementing funded activities, the Recipient must comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. The Recipient is entirely responsible for determining the Recipient's compliance with applicable laws, regulations and policies, which include, but are not limited to: {E) City of Seattle regulations including, but not limited to: (9) Equal Benefits Program Rules (SMC Ch.20.45:http;//cityofseattle.net/contract/equalbenefits/) (10) Women and Minority Owned Affirmative Effort: If a Recipient intends to subcontract out any part of a contract instead of performing the work itself, then the following requirement applies: Consultant shall use affirmative efforts to promote and encourage participation by women and minority businesses on subcontracting opportunities within the contract scope of work. Consultant agrees to make such efforts as a condition of this Agreement. i. Outreach efforts may include the use of solicitation lists, advertisements in publications directed to minority communities, brealung down total requirements into smaller tasks or quantities where economically feasible, making other useful schedule or requirements modifications that are likely to assist small or WMBE businesses to compete, targeted recruitment efforts, and ity community and public organizations to using the services of available minor perform outreach. J. Record -Keeping: The Consultant shall maintain, for at least 24 months after the expiration or earlier termination of this Agreement, relevant records and information necessary to document all Consultant solicitations to subconsultants and suppliers, all'subconsultant and supplier proposals received, and all subconsultants and suppliers actually utilized under this Agreement. The City shall have the right to inspect and copy such records. (27) Licenses and Similar Authorizations: The Consultant, at no expense to the City, shah secure and maintain in full force and effect dw•ing the term of this Agreement ail FY 13 JAG Interagency Agreement, Page 5 of 72 required licenses, permits, and similar legal authorizations, and comply with all requirements thereof. {28) Use of Recycled Content Paper: Whenever practicable, Consultant shall use t eusable products including recycled content paper on all documents submitted to the City. Consultant Is to duplex all documents that are prepared for the City under this Contract, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced. Consultants are to use 100% post consumer recycled content, chlorine -free paper in any documents that are produced for the City, whenever practicable, and to use other paper -saving and recycling measures in performance of the contract with and for the City. (29) Americans with Disabilities Act: The Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 as amended (ADA) in performing its obligations under this Agreement, Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. (30) Fair Contracting Practices Ordinance: The Consultant shall comply with the Fair Contracting Practices Ordinance of The City of Seattle (Chapter 14.10 SMC), as amended. (31}Suspension and Debarment: The Recipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement, the Recipient is providing the signed certification set out below. The certification this clause is a.tnaterial representation of fact upon which reliance was placed when this transaction was entered into. if it is later determined that the Recipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and/or debarment. The Recipient shall provide immediate written notice to the City if at any time the Recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Recipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. The Recipient shall include the requirement in this section in any subcontt•acts. {32} In the event of the Recipient's or subcontractor's noncompliance or refusal to comply with any applicable law, regulation or policy, the City may rescind, cancel, or terminate the Agreement in whole or in part. The Recipient is responsible for any FY 13 JAG Interagency Agreement, Page 6 of 72 and all costs or liability arising from the Recipient's failure to comply with applicable law, regulation, oi• policy. ARTICLE 1V: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment B: Edward Byrne Memorial Justice Assistance (JAG) Grant Formula Program King County joint Application, Project Narrative and Attachment Co. JAG Budget Worksheet, as approved by BJA, Attachment B and Attachment C are attached to and made part of this agreement. The work shall, at all tunes, be subject to the City's general review and approval. The Recipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g. a detailed outline of completed work) as may be pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or Recipient's progress. ARTICLE V: PAYMENT (I) Compensation The Recipient shall be reimbursed on an actual cost basis. Total compensation under this Agreement is $52,379. The Recipient shall incur authorized allowable expenses in accordance with the Program Narrative and Project Budget, as detailed in Attachments B and C. The Recipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award. The City will provide quarterly statements to the Recipient, once the interest balance accrued equals at least $1,000, Reimbursements will not be made for interest accrued that is less than $1,000. Reimbursements can be requested, up to the total amount of interest accrued, after the initial quarterly statement has been sent, to perform tasks in accordance with the Program Narrative and Project Budget, as detailed in Exhibits B and C. The Recipient shall submit invoices not more than monthly, and at least quarterly. After the first quarter, monthly submission is preferred. invoices are due no later than 30 days after the end of the period In which the work was performed. No travel or subsistence casts, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates, which can be found at: http://www.gsa.gov. (J) Manner of Payment The Recipient shall submit reimbursement requests not more than monthly, and at least quarterly. After the first quarter, monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed. Reimbw•sement request forms are provided. Substitute forms are acceptable. rY i3 JAG Interagency Agreement, Page 7 of 72 With each reimbursement request, the Recipient shall submit: Detailed spreadsheet of expenditures by task and related financial documents (timesheets, Invoices) p Project status report ® These documents and invoices must be kept on file by the Recipient and be made available upon request by the City or to state or federal auditors Reimbursement will not be processed without accompanying documentation for the corresponding time period. Once the above conditions are met, payment shall be made by the City to the Recipient. Submit invoicing and documentation to: Diane Pilon, JAG Program Manager Seattle Police Department 510 5th Avenue PO Box 34986 Seattle, WA 98124-4986 206-386-9885 ARTICLE VI; AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. FY 13 JAG Interagency Agreement, Page 8 of �2 Attachment A, page 1 of 8 Dipailniml 4f J INO OUYcd of htsilc4 N08mnts PAOH 1 OF B Burollu OrJUStiDO ASS{St4 in �t �Ti'Biit ., },RECIPIENFNAafRAhroAODRt'SSUnt(udfng7Jpcade) 4,AIYARDNU4\ID6Ri 2013.DI•nX.07IS CI(ydlStiUlt 604Paw1hMom MAvtavap.O.Daa9{749 S,PAOIF.CPPERIOD; FROXt (AUH)012 70 020120t6 SeaWi,1YA 99124.4749 DVD(JDTPERIOD; FROM 1Q01f)411 TO 491lN2016 _ C AWARD DATE 451))0013 7, ACTION MOB AMHIRSA'P.NDORNO. S,SUPPLDa16NPNUMDHR � tnlll�) 91644Il0} 00 9,PRUNIJOUSAWARD AMOMT r $4 IR.AMOVNTOPTIES AIYARD 1 L7OTAL AWARD $ 631,615 ,~ •� •^M........._ t2,SPHCIALCONDTfiONS�y . IRS AOED0 HrPR07ECP13APPROVED SUDMWTOSUCiICONDITIM'SORLIafIMMISASARE SOTFORTi1017119 i 13, STA70TORY AUYIIORTTY FOR ORANT 7hlt plojiititloWetdvnJii FYI )(DIA • )AO)42 USC3750,II stq• ' i3. biHTNOb OF PA1'� iCNT , OPRS AOf (rCYAPPROYAL QRAN7ESACCepTANCH t6.TYPHPNASIUAND9iTLDOPAPPROYINOOFFICtAI, IE.7YPEONAMANDTITLHOFAUTHORIZHDORANTE$OFFICIAL t?talso tYW nadl t•Rk0 s.StOlnn dts)at Minor 17,SIONATURDOPAPPROVINiO 0PF(CIAL 19.S(ONAATURDOPAUAIORIZEDRECIPICNTOFMC1AL 19A.DA78 AORKCY USBIDNLY 40.ACCOlINTINOCLAVVICATtONCOON 719 IMMOT4616 FISCALYFUNDC UUD.A OFc. DtYO.RD SUD. POMS ANIOUliT EAR OPS "P X D W SO 00 O4 b3S618 OIP PQR,\1 {40(yt (RDY. S •E7) PRO190VS ED(TIQ\S ARR 0D501.0.TD. 01 P POlL�4 4001Y2 (R0.Y. 4 •S {) 1'ROIECTItU1tI+nR Depadmenk of lusilco Offico of Jusllco Programs Duronu of Jusllco Asslsinlice 401yb!•ti}i•07lS Attachment A, page 2 of ts AtYARq Cb3�TINUATTONSH�Gr'P Gt•nnt A1YARb bA7n sr�crl�corvArrroNs oar:snots P,tOn 2 OP 8 I, T1w recipient ogrees to cam 1y with kho tinanolal and odnilsdstrntts a rettulremen►s set fonts ht the current edliton of Iho . ofnceof Jusllco Programs �O1P)PiaAncial 0uido. ... ... .. ... ... 2, 'ihE taclpienl aclutotvlcdgcs plat fallurcto aubntft an nc<eptablaLsqua)1lunploymtntOpportunity P1ott (fltcc(pleui is required 10 submit ono pursunut ton 0,11,11, Section 42,202), that Is approved by till) 01tice for Civil Rights, Is a violation of its Cetlificd Assurances and Wray result in suspeuslon or temdnallon of funding, until such Ilmoas tho reoiplcnt is iu cotnpUAnco. 3, 'Iho reclpicni agrccs to comply evhh tho orgonizallonal audit requirements of OW Chculnr A• 03, Audits of MAIO$, Local0ovemntonts, and Non•Pfont 01gon12011oos, And fo+titcru iderstonds And agrees ibnt,funds luny bo withhold, or otherralatcd tequhvntanls may tie Imposed, if outstanding audit Issues (if tiny) from OM13 Ciroulor A-133 audits (and an other audits of 01P grant funds) ON not sarlsfnttdiy and prontpiiy addtessed, os funher described in Iho current edi1lmtofgsaolPptnnnoipl0uldp. d, Reolplent un�trstands and agrees that it counat use any federal fends, l)tdtcr dlrectiy or ludireci(y, to support of the enactnttnt, repeal, tnodllientioa or adoption of any law, ugulailmt or paltry, nt nay Leval of govcrnntcsd, wAlrout Iho oxpress prior nvntten nppNvai of 01P, . 5, Tho ree(plent must prowpily rotor to Iho U01010 spy oredtblo ovldenco tirai a principal, ampp(oye�, nggonl, wutrnclor, subgrantco, 4ubc9nhaclor, or other person has either ) st+bailitcd a fslsoclaim for grant funds undsr tltaizalso Claimx slmllar rAlsconduott nv lvIngngrn ii f a s�a'lrhis condlito p,so appllost many sub cclptenlsp Poten Ise aud,twasfa9r abuso, or rnisconducl should bl) rcposlcd to lilt 010 by tuaU: t11ca Oof the inspector Qenesel t),S, DtpAtintent of lust(ca lnvosligh"ons Dlvls(on 9So Pennsylvania Avesmo, N#Ww m Roa006 Svashingltm, DC 20530 e•nsali; oig,itotllncgusdoJ.$ov . hotlines (contnet Information to Ru$lish and Spa+Ash): (800) 864•dd99 orholuno(ax:(202)61G•9881 Addlilonal information Is avallablo Irons the 1301010 tvebslta at tivtiety nsdoJ,govrolg, b, Rceipiont underslauds sad agrees That It tanner use any ftdotul foods, eitherdicoi(y orindireeily, to support of any conUacl or subatvasd to tlQser iho Association of Conununity Qr$an(zations foritoform Now (ACORN of Its subsldlados, without rho oxpress prior written approval of OJP, 7, 'rho reclp)a+tt tgrees to comply will) any additional ttqulraments that may ba imposed dudegg the giant grant parfonuo period tf the o$eneydatemtints that tlta reclplent is nhigfrslst: granteo. C628 C.P.R, pasts 66,90, OrP F6RDf 4D0ar2tRn1S 9•E8) lip, u.,N, ►�. , ow at ae+� ,.fit \ , Pka)rcrNustaRR rots•ut.ax•471) Attachment Ar page 3 of 8 AtiYARD CO NTFt`TUATIONSHELT GUM AtYnRn nntn osrt)r:ot) PAon 3 op e SPECLiL GQNAIt7PNS g. 7ho rociplent agrees to comply with oppticablo requlromonts rogording reglstrotlon with tho System for Award Monngoment (MM) (or tvlth a successor govemmont�twlde system ofRotolly dorl noted by ONM and OJP). 7ho andsp roYlda a Dnia Universnil z4umbarlog .42 (DUNS) numbtr. Tha detests of nslplenl obligations aro posted on th6Officoof,lustico Programs tweb silo fit (Award coadltloas Rer,a it ion tYilh Ih0 Sywra for Award Managenierst and Unlversai Idoniif er Rcqulroumnts), and aro Incorporated by rtferonca here,This spceial coadllion dots not Apply to nn Word 16an Individual who received rho nw,vd As a uRNrai person (I.o., uortlaled to any business or norrpiotit orgontzntton tllit ho or sho tray own or optrnto in his or her nome), 9. Pursuant to Clxccutivo Order 135 i3, "t edernl Lealhrshlp on Reducing Toxt Massaglug it'htlo Ddving;' 7d Ped, Rog. 51225 (Wow(1, 2009), tlla DepArtmtnt ancovragcs recipients mid sub recipients to adopt and enfarco pollclos banAlAg enlploytas from text memnillg whllo drivlog any vchiola during iho courso of performing work landed by this grans, and to establish workpinco safety poilctes Arid conduct educittioR, awareness, 4nd other outrcacis to decronso crashts caused by distracted ddvars, . 10, Tho recipient ogress to comply with nil app)tcnbio taws, rtguinitons, policies, and gutdanco (including 5pc0149cost limits, prior nMatto land reppoorting raguirentents, twhcra appileably) govorniug Iho use of federal funds for expenses rolattd to conferoucos, meolinSri ljohdogs, And other evcnts, including tilt provision Wood ondler bovorogts At such ovents, and costs of attendanco at such Mills, hlrorrnnilon on portinoni lntvs, rogulailom, policies, and gutdanco Is nvnllabfa At www,ojp.gov/fundingtson(cost.hmss t t, 7ho recipient understands and agrees Ihot may training or Uolnhng mmedals dovcloped or delivered tvtlh funding provided under this nw.�rd rnusi Adhere to iho OlP 7lsntn{rig Ooldtng Prinotples tar Omntcos and Subgrontces, nvailabl4 atidlp:)/wsnv.ojp.vsdoj.goYlflnnding/o}piminingguldingprinc}ptcs,htm. _ 120 'rho reslplsnt egress that IfIf currently Inns an optn ntvard of fsdsrol funds Writ it rocelvts An mvrod AMON funds other than this O)P ntvatd, and ihoso Award funds hnYe bsen, Ara acing, or aro to ba used, In Whoto or in part, for one or more or tho Idonticni cost items fortvhich funds mo being provided under this OR award, iho recipient will promptly notify, in twr!iing, lho grunt nnanngtr for this o)P nwaid, And, it so requestod by O)P, sock n budgot•ntodfftoAtion or chongc6of#pro)cct•scopo grunt ndjusinscnt notice (OAN) to 01MAnto any inappropdato dupttcallon of funding. 11. 7ho aclpttnt understands and agttias lint Award funds maynot be ustd to dlsct(minata agntnst or dontgrnio rise tollgtovs or most beliefs of studtnts tYlro paritslpAto !n progralus for tvhioh tlnnnsinl asslstanse Is provided from those funds, or of Iho paroms or logal guardians of such sludtnts, 14, 7ho rtclplent understands And egrets that • (a) No Award funds stay bo used to snatatoln or establish a computer network unloss such network blocks the viewtag, downloading, and exchanging orpornogroppby, Dad (b) Noihlog In substolion (o) }{mils tho use) of foods necessary for any Pedimi, State, tdbaJ, or local late onfareemont agency or Pay whorodtlty oarying oul criminal investigations, prosecution, or adjudicnlion Acitvtilos, Is. 7hotteipltnl og(ees to comply with 0)P grant monitoring gutdolhies, prolocois, And proctdptes, and tv cooporatavvitir Is)A Aud OCrO on All grunt monitoring (Mlifsis, including requests related to desk rovlows, enhanced piogronomaito dock rovlows, and/or silo visits, 'no reolplcni agrees to provide to D)A aid OCPO oil dotantontattan Rtctssory to compitto molillortng Imbe Inoiilding doournenlaiion rolaitd to any tubwards madd under lids Awud, ntihth iho rtclplent agreos to abldo by roosombto deadlines set by DJA And OCFO for providing tho roquosi d documents. patlure to cooperntb with Ci1A'srOCPO's grant manllodng acttvitlts nosy result In souctions affccdag Ihareclplenl's Doi awards, lnoludhng, but root lhtdted to: witldlotdings and/or other residelfons on iho fcotpiant's access to grant fonds; rtrorfol to the OIR16 of the inspector aenerot for audti roviety, doslgnallon of tho rectplenl As ADO) high Risk graniso; or terminAlion or on aword(s), U7P roRtf {00a71(RB{r. d•BB} t'R418Ct'ttUntoEA Dcpmtmcnt of lusttca O111Coof )arttea Ptogrmns I3ut'etiu hf Justtco Assistance J01).irl�DX•aJl S Attachment Ar page 4 of 8 AiYAItD CONTINIJAUONSH 9 • Grant AIYhRA AatiTG SPt3r;G(LCOND1T10NS ' ou2ulota a�tau a of s 16. 7ia sootpptrnt agrees to comply tvlih appilcabta tequirentcnts to report Rrst�iier subatvatds of S25,000 or mono and, to certain ctrcunsstances, to report the names and total compensollon of the five most highly eompeasnted executives of . Repodtug systens (PSitS).• Ttsa detoUs of recipient obligatlonr, which dative from tha Pedernt !boding Aecouninbiiily and Tramparenoy Act of 2006 (PPATA), aro posted on the O1Qco of lusttco t'rograms web $Na at htip;Jlmtw,oJp,govlfuadingrlfata.hhss (Award condltiont Reporting Subbwards and Rxecutivo Compensatlon), and are Ineorporated by referbuo hero. This condittoa, and Its repotttug requirement, does not apply to grant awards rondo to an individual who reealved the mvosd as a natural person (Lo„ unrelated to any business or norppioRl orginiration that he or she may own or operato in his or her nama). t7, 7ho teciptcni ogrtcs That III generated as A dtrecl sesuh of this award shall be Beamed program Income, All program Inconto eamed ntusl ba accouated for and list d for the purposes o! lands provided under this mvnrd, including swell usobeiug COM IS(cal tvtih tho conditlonsof itto Award, tiro effective edition of lhoO)P Phsanclot Guide and, as oppltenblo, Other (1)28C.P.R. Pail 6601(2)28CPR Pod 70and 2Witt, Port 115(OMHChoulnrApl'10). Parther, Iho use of psogmm htcoma must be reposed on the quarurly Pedcrnl Phsanctnl Rcpon, Sp 423. l8. ToovolddupticalingoxislingnebvorksorlTsystoinshsany Initiatives funded byAlAfor latvanforcemrntfnfonnalton shaing Systems which Involve IAterstato Conncct(vity between juritdicitons, cuehh systems shalt enspl.6yy, to the bxteni possible, oxIMIng networks as the communleatton bnokbono to achieve latersiate coanedvity, unless tha grnatea cm demonstsato to tiso sollsfoctlon of 1)IA ihal this requirement would not be cost effective or would lnspalr the tUnettonelity of on exlsling ar proposed 1'C system, 19. to oniet to promote tnfo»natloa ahuing anti cunbla intaropembtllty antoug dlspvnto aystouss across ilsr JusltCa Anti publfo safety convtutnity, OIP requires tha grameo to comply with t70)'s Otobal lusttca Ddotmallon Sharing Inhiativc 40 Otobaiguidellnes and recommendDitons for lids pmtieulnr grant, Orantea shall conform to the Global Slandnrds Pae age (qSP) and n!IConstituout etcnicnts, yr sera appllcabla, ns described at1 htip;lAnnv.U.ojp.govlgsp grantcondltton.Omntoashait docnmrnt pInaned approaches to inforntation sharing and descrifwconsptimoo lha 0 and appropdnteprtvnoy polloy 1hm protects $ lored lnformattou, or provide detailed jusilncatlast for why an attoraativo approach is recommeaded, Q}A FORJS eaeat2lRRv.i�ta) PROICCi V11A19aR Dtpatintenl of Juslito Office of Alsllce Programs 1lurceu oChs0ce ASSiSiAlIce 70Wp1FX•01I3 Attachment A, page 5 of 8 ASVAfti} CONTIN()A`i IONSHEET Groot AtYARD bhi0 SPaC�CONt)1TfONs ObliNtoii PROF S OP 8 2p, Tlta grantca agrees to assist riJA In compMng ivitls the Notional Rnvironmeninl Potloy Aol (NL'PA}, ttto Nattanat Nlstorto Prucn'titlon'Aci, atl'd dlhlY?tlRted WWII caYfrorifst0101 intpWa iitrslysed(equfrdfilthis Ire tiro uso'bf these of Ilw foltoit4ug activities iv li be funded by the groat, prior to obligating funds or any of these purposes. 1i It is dclermined that any of iha following 06vilies ivltl be funded by tho groni, tho grantco ogrtes to contact il)A, Tha grantee undoratnnds tlial ills special eoadhion applies to its folioiving new ne11vA1cs witethcr or not shay ara being sptciittcally funded wish these grant funds, That it, As tong as the activity is being conducted by the gronteo, n subgronite, or any third pasty and iha activity uccds to bounArtaken In order to 1140I1100 grant funds, this speolol condiilon ntusi first be suol. Iho activlRes covered by tilts special condition Prot a, Neiv construction; b, { i1nor renovation or remodoliug of n property tocalcd in an envlsonnicnialiy or historicaity senshlva ORA, including properties located within a Mytar flood plain, n wollmd, or babilat for ondougcrtd speeles, or a proptrty listed oa or ellgibia for listing on the NAilonal Rogislorof Jtlstorto Ptaoos; o. A renovation, tease, or any proposed use of A bullding or fnolilty that will cl0ier (n) result In A change Its Its bast) prior use or (b) significantly change Its slzo; d, lmploniontmion of o new prograns involving iha use of chemicals other than chenticots lhn, we (n) purohnsed as an tnoidonlal component of a funded activity and (b) traditionally used, for example, In office, household, rec(enitonni, or eduoollon tnvitotnnents; and e, lmplornontaliouOra ptogtantreialing to, oloadmilttamotitamphrlanllnolaboratoryoptmllons,lnciudingiho tdetttitication,seizure,stetosutoofalandtsitnemtthamphttn alaboratories, 7110granteD understands and ogrtes that complyingwl0r NOPA may ]tqulretho preparation of An t?nvhonutootat Assossasent nad/or mi 13ovtromnemal Impaot Si4tentent, as directed by tsJA,gtanlea (uriherundtrsinndsAnd agrees to the rtquirom ants (Of lmplomtntailbn of n trtit19411011 Pia", 4s detailed At hUp l/svww,o)p.usdo) gbvBJNtrsottrotfnopn•hutd, torprograms relating to mahamphetoniino laboratory operations. Appileatlon of This Special Condhlon to OwRes Lxisitng Pmgrorns or Activhlem Pot any of iha gtanite's or its subgronteoe ox{sllug programs or Activillea that will bo funded by ilioso grout funds, tiro giontec, upon speelno rtquest from DJA, ogrtes to cooperato with n)A In any preparation by i3)A of a nailon4i or program environmental assessment of that funded program or Activity, 21. 7horecllenlls required loestablish aWstfund nccoun6(Thatrststfilndmay ornrnynoibamrinteresl•bearing AccbunL�The trend, hwiuding any Inte(tai, eta not bD used to pay de6E5 or expenses Incurred by other Aeitvitits beyond thoscope0' Ata HdivBoo y(na tNemoria) Just�se Assistoaca0raut Progtom OAO).ThD reelplane niso agrees roobllgato A expend rho grnttl funds !n tiro tout fund (Including any intsrtst tamed) daring iha ptrioa of the grmt, Qrnnt foods (htcWing any interest tamed) not expended by rho end o[ the gmnt pentad must ba ratumed 100 o in Uurtau or Jusitco AsslsiA 0 no lator,pan 90 days after iha end or the grant period, along with the twat submission of tiro Pedoml Plnonclal Report (SP•d2S), 22, MO rands may ba used to purchnso buitetproof vests for an agency, but ropy not bo uted as th . 5016 mnich for purposes of Iho Bulletproof Vosl Pcdnttship (OVP) prograns. 23, Tha reelptonl agrees losubnilt a signed ctrilOtailon fetal that lit latvenfotctastnl aganeles rtceiviug vests purchased wllh J,Ao funds hm o a written "mnudnlory wtai' polioy In effect, Alscal agents and slate agoaoles must ktepstgned cestlficatlons on ilia for onysobrtclplents planning to uillizc )AQ funds for balllstte•reslsiani Dad slob•rostslaut body annarpurohosm.7his policy must bo In place for at lens, nil uniformed officers before any PY 2013 funding call bo ustd by Iho Dgeaoy for vests, Thera Pro no requiremonls rogasding the natuto of the policy oihor [ban 11 btlug a mandatory wtor polloy for all uniformed officers sehUo on duty. r]1P FOR1t 3eQa12 (Rai', Q+ba) PAOleer tm�rotsR iSop;utsstoot of lusiica OlOceoflusilcoPiograms . Durentt of Justice ASSiS1011ce 10t).t)).DIt.Otl) Attachment A, page 6 OT 8 r11'VARri CUNT1!NUATTONSHE T Great ,v1Y,1Etr D,19n SP&C!R L CONDiTlONS Or1ShI0U PAae 6 4P 8 2d. Baltlailc•rtslstontcnd stab•resislont body armor purchased tylih lAG funds maybe purchased nt nny threol Eovel, necks or model, front any distributor or utanufacturer, As long as the.vtsts have been jested and found to comply with . app11Ca919-R{anVn[wnnnwa+i"Wit �w•..+.++•.--_._.... Modt1 list (huptllnlj.gav), In ndditlon, batilsilc•r0slsiontand siob•reslsianl hoop nmtar an rcbascd roust bo American• made, 7ho iciest NIJ simtdard Infomtaiton can bo found here, bhp;l/sysvtiv.ldj.govltoplcsltechnologylbodyomwrlsaftly- lotllative.htm. 25. 'fha rccipinn agrees that ooy (nfornta>Ton teclutology system funded or supported by 0fP funds (vifl comply with 28 C,P,R. Past 29, Criminal fn1c111geuca Systems Operatingg Pollcies, if o) P dttemtlnes this regulation to b a appilCoblas Should 0fP delemilno28 Us%Pad23 to bo PppiEeabta,O1P cony, at its discmilon, petf u audits of 1110,0kni, As per iho regulation. Should any violation of 28 C.P.R. Part 23 occur, iha reclplent may be fined as per 42 U.S.C. 3789g(o)•(d). Recipient nifty not satisfy such it fine tytth kdoral funds, 10 26, Thoreciplcnt agrees to eruurethnt iho Stosa inrornotton'iedlnotogy Polnl ofConlact receives svditon noilncotton regArdhtg nny htfomtatlon teehnato$y piojtet funded by rids grant durlug tlta ob1[ga ail and oxpendttura ptdod,Thls is to fnclntato coatmunlcatlon among local 0nd sinio governmental oniitles ragording various Enfomtatlon technology projects being conducted with Ihwe grant funds, In addition, the reclplent agrees to maintain An ndlnlnlsirsttvo Ella dmunteo uWtS the mcallig of this regvlrentenL Por D Ust of $inla httamsatlon'feehnoiogy points otContnct, go Io 27, Tha ggrantee agrees to comply whh rho appltcnblo rtryulrentenu of 28 C,P,R. Pan 38, iha Depanment oflusllca rego(atlOn goyeming "kqual TYeatment for Calth Based Orgnnizallons" (iha "Bquat'rreatmtnt Re$ulntlon"}. The Lrqusl Treatment Regulation provides In poi lime Department of lustico gronl awArds of direct funding may not boused to fund on), inherently religious activates, such as worslAp, renglous Insiraction, or proselptizntloit. Rtolpionis of direct graters may still engago In Enhtrendy reUgtous activalts, but such activities must be Squaw to time or p1Pco trout rho Department of lustico funded program, Pilo padlulpation In such activities by individuals rtceivingservices front the grontto Ora sub•granteo most i o volunto Tht 8qun)Ttealmsm Ro$itlntl0n also makes olear thot organizations parttclpaiing to Programs directly Noded y lho Depmtrutnj ofJustlto Pro not pmAiRd to disoriminPic to tha rovl6(on of services on iha basis of a benenclary'a rcltgion. Noiivahslnnding nny olherspcciol conditlon or thls award, alih• busedorgnutzo►tonsmay, InsomeClrCun151antes,CoeslderroUgtonASabaslsroremployment. See htipaltywly.oJp.govlaboutlocrkqunl,.rbo.htnr. • 28. Tbo reclplent acknowledges Thai A13 progcAsus funded through suba5�ards, whether nt jhestnta or tocnl ravels, arose conromt to the grout program requhenients ns stated in D1A program guidance. 20, ownito ogrees to comply %vide the requirontents of 28 C.P.R. Part 96 and all Ofnco of Jositeo Programs policies And procedures rognrdhig the prottcilon of human rtstnrrh subjects, Including obialnntent of institutional Rovlety Doard opproyal, if Appropriate, and subject Informed coastal. 30. orates agrees to comply with all eonndoodality requirements ofill U.S.C, section 3789E and 28 C.F.R. Part 22 tint are appllcable to coUccoon, use, and revelation of data or Infonnnilon. Granke Miller agrees, as a conditlon of gtAnt approval, to subnttt n Pdynoy CerilncAlo Iltat Is in occord whh requirements ot28 CAR. Part 22 and, in pudoulor, section 2204 31. The rcdpltnt agrees to moidtor subnsvards under this lA0 mvArd In nccordanco t%rltb all appiteable statutes, regulations, O;AB clrcuEars, and guidelines, including theO1P Phtantiol Oulda, and to include the Applicable condlilous of this Award in ony subawnrd, T1,o rteipp�e�� is responstblo for oversight of subreclplenl spending and utoltltoting ofsptcifto outcomes And benonts plulbutabla to use of JAG funds by submoipleotti Tho reotpteat agrees to submit, upou request, docurrenjailon orits poitotes and procedures for monitodog of subAtvards under i is award. OIP FOR1+1400CV9 tR515 d.8 a} PROJ�07 t1`1I�mnR 17tpa11mcn1 of Justice Offico of Jusilco Progfmns Bul'eau djustico Assisttntco 1013•AI•pX•Wi5 Attachment A, page 7 of 8 . A1YAi1W CO NTINUATIONSHEI ET Grant AwARU pR'tR SrBetAL Ct77to)T!©NS osllJstol3 PAQB 7 OA B 32. Thv fcclplcnt agrees flat funds re<olved under Ihls award tviil slot be, uscd to supplant Stalaor local funds, bui will be, uscd to Increase tho amounts of such funds thiq wouldtin ihv nbscnto of Pcdorat feuds; bo mndo ov;dloblo for taw 33. Award recdpleais hmsst subustl qumtariy a Pederol frinencial Report {SP•425) and annual parfonnaneo reports through OW(hilpsll/grnnts.ojpusdo),gdv). ConsistentivhhthoDtparimontsrssponsl6lilllesunderihegovernmant Porfonuanco and Results AN (OPRA), RL. 103.62, 0 pllcants who rccodvo funding under ibis sollclintlon must providadalnthelmesssuraihoresuttsoflholrwork.'ficrcforo, Iberia►lypedormancametricsrepodsmustboaubmltkd troughWA'aperfosmancohiensuremoniToo) (phiT)w6slto lYt�vbJaportormencctoals,erg). Formorodetalled infomt411on on reposting mid other JAG roqulremonts, rofor to the JAO reporting ctqulrenionls wabpago, rnlluro to submit required JAO reports by cslabilshed deadllaes may result In 1111) frcozing orgraht funds and fuluro High Risk dalgnailon. . 34, Award rcelplonis must verify pohtt of Coutact(POC), Financial Point of Contact (ROC), and Authorized Reprosentalive contact Informalion in OMS, ineiuding tttephona number and c•mall address, if any Information Is Incorrect or has changed, a Grant Adjustment Notico (OAN) must be submitted via the Qrnnts Menagomont System (Ohis) to document charges. 35, Tho gmnleo agroos tlmt WIND 120 days Of award accepianco, each current momber of a iw ouforcorucnt INk foreo NOW wlih thmo funds who is a task forca commandef, egoney axecutivo, cask fou6 offlcor, or other task forca momborof equivalent rank) will complete rcqulrcd onlino (inwriet•based) task force itninipg. Addhionally, all future task force, nloniborc afo rtquind to co,nploto this 1011111190111044138 the 11fo of this mvard, or ones ovofy tour years 1t multiple nwards Includo this « gnlremenit The iralnlng Is provtdcd free of charge vnlinathrough 11JA's Conter forTask Force Integrity and I.vadership (wsv+v.cifll.org),This training addrossts task forca offcotivoness es wet As olhsr koy Issuts Ineluding privacy and civ1111bartiesRights,tusk fomopertomlanco measurement, personnoi selection, and task foreo oversight and accousNnbillty,lVitcn nJA funding supports n task forca, a task forca persoaoal rosttr shouhi ba compiled and mnlntndped, along with course tompiciloticaniueatas, by lha grwt reclplenl, Additional infomtalton is available Togardhtg this requIod trandag and access wilhods v}a III M web silo and li,o Coeur for rusk force Iniogdtyand J eaderstdp (lVivtY.CW.org). 360 No JAO funds may to expondtd on unninnntd aircraft, unmanned alrcraft systems, or Waned vchlcles (US, VAS, or UAV) unless the D)A OtmelorcoriUles Owl oxtmordinay and oxigent clicumslances oxist, makh,g 1110u esseetrd to the PWAItnonte of pubilo safety and good order, Ad-dltlonally, smy )AQ funding approved for this purpose %wilid be sabjecl to addit onat reporting, which would be, silpulated by BJA post•awacd. 37, 0IA strongly encourages tho reelplont submit annual(or mare frcquonl) JAO succcss stories at JAO,Shanroaso®ojp.usdoj.gov or vin the onllno fours at hlfps;/hwnv bjo.govlconinotus.nspx. JAO succcss stories should include 1hs, nano and location of progfaniprojccl; point of contact with phone and e•molli amount of JAO funding received and in which fiscal ytnr; and a brief summary describing the progtmislprojeet and its hlspael• 38, Reclptont may no; oxpend or dfmvdo►vn Nnds until the oweau of Justce Assistanco. Offlco of Jusllco Prowams has rtcalvcd and Approved ilia Aped Momomndum of Understanding (MOO) betweon tho dispanto jiuidlctons and has issutd a Otani Adjustment Notice (OAM releasing this special couditon. 391 Reciplont may not expend or dmwdown funds unti the uurcau of Jusllco Asslslmhco (u)A) has received documentallun dolnonsirating that the state or local govcming body rovlow (Wild PPublly comment requlremenis have isren met and n Omni Adjustment Noiico(OAN) has been epproved rcieashsg ihisapecinl condidou, O1P POR\i �00012 tROY. d•r!I PROlECCtiU;strrER lbi Attachment A, page 8 of 8 A1�'Ait1D CpNTINUATIONSHERT (3i'n111 hwARopA'm QSlTUtbl� sr�ctu coxArrroxs dt1. Wills respect to INS Award, federal Muds cony not bo used to pay cash compensation (salary plus bonsai) to any enlplo ea ottho slivord recipleni of a rato.lbnl oxeeeds i ttl O rho MAXIMUM annual salely payablo too wombar of On, . . trdrrn�ga�rrrimegl'c firninr Ilieroitva Servl�r ISLCI n_�_t nn ag�y3�1�1� a rtlrt t SAC Prrrnrn{nnta tipp[almlSy3tenl_— for That year, (rtis mvnrd reolplent maycompentata en employta at a Isigher loco, provided 1h4 antotsni In Oxcess of this coUtptitsatloll linsllotlon is paid with non•tedMI funds.) Tids 11011intlon on eompcnsailon talcs ollowablo under this award may ba wowed on ou Indlvldunl basis at 11so discrclion of the OR official Indicated 1111110 prOgrom'nnno>ideement under Viltoh this ntvosd Is made, orP foRas a000rt (RaY. a•as1 Attachment B, Page 1 of 2 Fx 2013 Edward Byrne Memorial Justice Assistance (JAG) Grant Formula Program Joint Application — Program Narrative City of Kent Project Name: Data Driven Crime Fighting Project Cosfi $52,379 Project Description: Tlus project will increase the effectiveness of the Kent Police Department's (KPD) Intelligence Led Policing (ILP). Police departments across the US aloe experiencing positive results with the use of a strategically located surveillance cameras and coordinated pro -active deployment of police officem; The KPD will apply this finding to developing the necessary technology infrastructure to support a Data Driven Crime Fighting Technology unit. Funding will also be used to purchase graffiti removal supplies. The Kent Police Department Public Education Specialist coordinates citywide graffiti removal. Program Need: Crime analysis reflected that clusters of crimes occurred in defined areas of Kent over the past five years. Weekly crime analysis meetings reflected positive results when officers were proactively deployed in hot spots. Crimes, both violent and property are concentrated in primarily two areas of the city. A thud area reflected concentrated property and drug activity. This third area is located in an area of the city that was annexed from King Count r in July 2010. The KPD deploys both special investigative units and patrol officers to address recurring crimes in hotspots. Property crimes, including burglary, thefts and auto thefts are frequently the focus of KPD's data driven crime fighting efforts. Two Washington State cities with comparable populations as Kent reflect considerably higher per 1,000 property crime rates. These are Everett and Vancouver, both property rates per 1,000 were at 6.4 in 2012. While Kent's property crime rate per 1,000 is fairly steady from 2010"2012, it is considerably less at 4.8 in 2010 and 5.0 in 2012. This could be attributed to the KPD's Intelligence led policing. Having surveillance cameras in the hot spot areas of the city would keep our community safer by not only having recorded hnages of crone that has occurred in the city, but will also decrease the crime in those areas by the public knowing that we have cameras in the area that are recording. Tukwila and Federal Way officers regularly share how the cameras have provided great video evidence for crimes that have occurred and gives the officers a real time view of areas of their city all at once from their laptops or computers. The use of this video evidence helps solve crimes and leads to successful criminal prosecutions. Program Activities for 4-Year Grant Period: After reviewing crime statistics for the last year the KPD command staff determined that the best use of the 2013 JAG grant would be for the purchase of a basic surveillance system that could be used in the hot spot areas of town. This system would encompass a dedicated computer server, a Attaclunent B, Page 2 of 2 dedicated computer, and cameras that would be fixed onto light poles. The initial cost of setting up a surveillance system is high since you have to buy the infrastructure to run it. After the initial purchase, the cost would be just for the system maintenance and cameras and their installation. Thus program will begin by purchasing the technology infrastructure to take the KPD ILP to the next level. The KPD interviewed local law enforcement agencies and the Kent city traffic mgmeering department regarding their surveillance camera systems. KPD will use the Information gained through these interviews to select the most relevant vendor for the KPD Crime Fighting Technology unit. This finnding will allow KPD to utilize sunveiilar�ce cameras in two hot spots at any one time. The base network and the server will support many more cameras for fugue hot spots. The only cost in the• future would be for system maintenance and the cameras and their installation. The city has an ongoing need to fiend these supplies. The supplies are distributed to palice vehicles, cormnurity organizations and neighborhood associations conducting city cleanup activities and for the City of Kent Corrections Facility Work Crew graffiti removal activities. Anticipated Coorduration Efforts Involving JAG anti Related Justice Funds: The fiinduig fiom this grant will be supplemented by city funding for the police officers and detectives use of the technology equipment supported by this grant. Other justice Rinds will be pursued in the future to expand this technology unit. A KPD Detective works on the South King County Preventing Auto Theft through Regional Interagency Links Task Force. This detective recently attended surveillance technology training in preparation of the KPD Crime Fighting Technology unit. The training and the task force are supported through Washington State grant funding. Supplemental graffiti supplies may be obtained through in -kind donations from Kent businesses and foundation funding applications. Project Objectives: Implement a camera surveillance system to deploy using data driven strategies. This base system will improve crhne investigations and decrease crimes in specified hot spots where it is deployed based on crime analysis. Equip patrol vehicles, support community cleanup efforts and equip CKCF work crew with graffiti cleanup supplies on a regular basis. This will ensure that KPD can respond and remove graffiti quickly. Studies have reflected that graffiti activity decreases when it is addressed and removed promptly. JAG Project Identifiers: Equipment -- Video/Audio Recording Crime Prevention Graffiti - removal and monitoring Consultants/Contracts CITY OF AUBURN: Teen Late Night Program Officer Overtime: Citizen's Police Academy Officer Overtime: Fireworks Emphasis Patrols Officer Overtime: Attachment C JAG Budget Worksheet, Page 1 of 3 OT Rate /f of Hours $88 17 $1,496 $88 58 $52104 $88 221 $199441 Auburn Total; $265041 CITY OF BELLEWE; Purpose Location Item Computation Cost Narcotics Training TBD Airfare 7 x $750 $5,250 Narcotics Training TBD Registration 7 x $450 $3,150 Narcotics Training TBD Hotel 7 x $475 $35325 7 x 3 x Narcotics Training TBD Per Diem $109 $2,289 7x Narcotics Training TBD Misc Trans $62.28 $436 Bellevue Total, $14 450 CITY OF BURIEN: Purpose Location Item ComRutation Cost Forensic Computer Examiner Training Registration $1,500 x I officer $1,600 Travel/Per Diem $1,600 Other Training $10,430 Item Computation Cost __ SSHD, Seagate, 1TB $185 4 Port USB Switch $ Hub Card Reader $60 CPU Speaker system $60 HD Docking Station $ Baby Hub and Host kit $75 External HD, 500 Gb $70 each x2 $140 External HD, I Tb $90 each x2 $180 Headphones $50 ASUS Monitor $170 SATA SSD HD, 360 Gb $330 Forensic Card Reader, DI Ultrablock $100 Apple 30-pin to USB cable $30 Lightening to USB cable $30 8 port 1 Gb switch $55 Flash Drive, 64 Gb $35 each x5 $175 Flash Drive, 32 Gb $25 each x5 $125 Flash Drive, 16 Gb $15 each x5 $75 Shnunitions Armorer IQ $165 Simunitions Pistol $580 each x2 $1,160 IPOK kits $95 each xIS $1,425 Attachment C JAG Budget Worksheet, Page 2 of 3 Cau u iers for IPOK lilts $40 each x 15 $600 Misc. Related Equipment $725 Simunitions Auutltulitloll 1 case $700 Burien Total: $20,455 FEDERAL WAY: Item Computation Cost Ballistic Blanket 4 Each 4 x 2500 $10,000 Pole Camera I Each 6,430.00 $63430 Taser 7 Each 7 x 981 $6,867 Smart Board 1 Each 63220.65 $67221 Verizon Wireless 42/Mo 36 months $1,512 Federal Way Total: $31,030 141 CITY OF I{ENT: Itein Computation Cost Server $14,235/ea. X I server $14,235 $3,835/en. X 1 Computer computer $3,835 Computer monitors $1,205/ea. X 4 monitors $4,820 Misct parts, components, license $5,475 $5,475 Day/night cameras $4,375/ea. X 5 cameras $21,875 Graffiti removal kits $534.75/ea. X 4 kits $2,139 Kent Total: $52,379 KING COUNTY; Item Computation Cost .YMCA - Alive & Free Outreach Network (WPP) vendor estimate $114,000 Washington Dads (JJ 101 Service Provider) vendor estimate $403835 Evaluation Consultant (JJ 101) vendor estimate $15,000 Research/Evaluation Consultant (DRAI Evaluation) vendor estimate $25,000 King C4UIItJ` Total: $191,835 CITY OF RENTON: n.,,„,,,�A Computations Cost Domestic Violence Traitsiug Conference CelleBrite Training COBAN Car Cameras / DICVS and number ofemployees TBD 2 a $1800. 2 units @$5,500.00 ea. 00 ea. $1, 800 $3,600 $11,000 Office stnppplies for Domestic Violence program (paulphlets, brochures, educational materials, other iteuns needed) $100 per month X 20 months $2,000 Relocation Hotel rooms and moving travel Varied based on victim expenses expenses needs $4,879 $250.00 month for 24 Visa Cards for v4crim expenses (food/gas/clothes/phone) months $6,000 Renton Totals $29,279 Attachment C JAG Budget Worksheet, Page 3 of 3 CITY OF SEATAC0 Item Computation Cost Overtime (Active Shooter Training) $100 per liour X 93 hours $9,300 AED - Automated External Defibrillators 3 x 972 (including tax and shipping) $2,916 Miscellaneous trainin $243 CITY OF TUKWILA; Items Computation Cost Honor Guard Uniforms 4 uniforms at $1625/each $6,500 Refreshments for approximately 25 Refreshments for Citizen's Academy attendees attendees I SME at $S00/each $354 One Trailer at $8000(eacln $8,000 Tukwila Total, $16,854 This page intentionally left blank. Agenda Item: Consent Calendar – 7I TO: City Council DATE: May 20, 2014 SUBJECT: Washington Traffic Safety Commission Amendment #1 to MOU – Authorize SUMMARY: The Washington Traffic Safety Commission awarded the City of Kent an additional $2,500 to be applied toward the overtime costs incurred by the Kent Police Department when it conducted its distracted driving enforcement from April 10, 2014 through April 15, 2014. This additional funding will be deposited in the Kent Police Department’s mini-grant account. EXHIBIT: Amendment #1 RECOMMENDED BY: Public Safety Committee YEA: Berrios - Thomas – Ralph NAY: BUDGET IMPACTS: Unanticipated income. MOTION: Authorize the Mayor to sign all documents amending the Memorandum of Understanding between the Washington Traffic Safety Commission and the Kent Police Department to increase funds for police overtime for the purpose of conducting distracted driving, high visibility enforcement in support of Target Zero priorities, with agreement terms and conditions acceptable to the Police Chief and City Attorney, and recommend Council ratify all acts consistent with the Memorandum of Understanding and this motion. This page intentionally left blank. 4, Amendment #1 To the TZ A proved Date 3 l� Initials MEMORANDUM OF UNDERSTANDING BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION AND THE KENT POLICE DEPARTMENT RErEil/Ep MAR 17 2014 Traffic Safety THIS AGREEMENT, pursuant to Chapter 39.34 RCW, amends the 2013/14 mobilization funding MOU entered into by and between the Kent Police Department and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AMENDMENT to make overtime funding available to Kent Police Department for the purpose of conducting distracted driving high visibility enforcement (HVE) patrols, in support of Target Zero priorities and in accordance with the updated scope of work outlined herein. TERM: October 1, 2013 September 30, 2014 ORIGINAL AMOUNTS Impaired Driving: $7,000 CFDA# 20.600 Seat Belts: $1,500 CFDA # 20.602 ADDITIONAL AMOUNT Distracted Driving: $2,500 CFDA# 20.600 These funds shall not be commingled and are only to be utilized for the specific emphasis area. 2. SCOPE OF WORK Distracted Driving: Agency will engage in multijurisdictional HVE patrols for all or part of the following: U Text. U Drive. U Pay — April 10-15, 2014 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by,the local Traffic Safety Task Force. Signature - WTSC /q- ( ate) Signature — (Kent Police Department) +((D?t'e') APPROVED AS TO FORM ONLY BY THE OFFICE OF THE ATTORNEY GENERAL TZM AP p oved RECEVYP- > �3 �� ernrt-Q� lnftW8 opkin'24A Traffic Sat°Y MEMORANDUM D UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the KENT POLICE DEPARTMENT (Agency) and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE), traffic safety emphasis patrols (as outlined in Addendum A), in support of Target Zero priorities. The Target Zero Manager and Law Enforcement Liaison assigned to your county shall coordinate the Scope of Work as outlined below: TERM: October 1, 2013 - September 30, 2014 AMOUNTS Impaired Driving: $6,500 CFDA# 20.600 Seat Belts: $1,500 CFDA # 20.602 These funds shall not be commingled and are only to be utilized for the specific emphasis area. SWV 0000552-00 (Agency) Statewide Vendor Number IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. GOAL: To reduce traffic related deaths and serious injuries by engaging in impaired driving and occupant protection multijurisdictional HVE patrols. 2. SCOPE OF WORK: Impaired Driving: Agency will engage in multijurisdictional HVE patrols for all or part of the following: Holiday DUI Patrols; November 27, 2013 — January 1, 2014 Summer Kick -Off DUI Patrols; July 1, 2014 — July 13, 2014 Drive Sober or Get Pulled Over Labor Day DUI Crackdown; August 15, 2014 — September 1, 2014. Created: August 7, 2013 Page 1 of 9 These DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Patrols shall not begin before 4:00 pm and will occur Friday -Sunday, with the exception of: Wednesday and Thursday, November 27 and 28, (Thanksgiving); Tuesday, December 31 and Wednesday, January 1 (New Year's Eve); Thursday, July 3 (4t" of July holiday), and; Monday, September 1 (Labor Day.) Seat Belts: Agency will engage in multijurisdictional HVE seat belt -focused patrols on some or all of the following dates: Click it or Ticket - May 19 — June 1, 2014 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the lowest seat belt use rates. These patrols will not begin before 4:00 pm. Agency agrees to take a zero tolerance approach to seat belt and child car seat violations. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the seat belt patrols. 3. CONDITIONS: For each of the emphasis patrols listed above, Multi iurisdictional High Visibility Enforcement Protocols, as outlined in Addendum A of this document will be followed. These protocols are incorporated in their entirety to this document by reference. Exceptions to these protocols may only be provided by the WTSC Program Director. These are enforcement activities intended to apprehend impaired drivers, and unbuckled vehicle occupants. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at contact unless circumstances dictate otherwise. Standardized Field Sobriety Testing (SFST) Training Requirement Agency certifies that all officers participating in these patrols are SFST trained. To meet this requirement: • Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or • Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement (ARIDE), or • Officer must be a certified Drug Recognition Expert. Created: August 7, 2013 Page 2 of 9 Media Contacts: All of these patrols are conducted as part of a highly publicized, statewide effort. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, Agency must provide the names of at least two agency officers who can be available for media requests and questions. *At least one of the individuals listed below must be available for weekend media contacts, beginning at noon on Fridays before mobilizations: Na e/Title Name/Title ?•ti3��rr bZa�te SU 1 Z �'��,�i r�►-C�'►-�`h�'� r� Office Phone & e-mail k4�dUv Office Phone & e-mail 21'V3 - W(v - L42V1 Cell Phone Cell Phone @Available weekends per above?* 0 Available weekends per above?* 4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law enforcement with appropriate equipment (vehicle, radar, PBTs etc.) to participate in these emphasis patrols. WTSC will reimburse for overtime at 1.5 times officer's normal rate plus Agency's contributions to employee benefits including FICA, Medicare, Worker's Compensation and unemployment. 5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than eight hours. (WTSC understands there may be instances when more than eight hours are billed because of DUI processing, etc.) 6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom reimbursement is claimed has exceeded his/her normal monthly working hours when participating in this emphasis patrol and is authorized to be paid the amount requested. Agency understands that reserve officers are not eligible for overtime for this project. 7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing Agency has received prior approval from their local Target Zero Manager. Created: August 7, 2013 Page 3 of 9 8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits. The total cost of overtime and benefits shall not be exceeded in any one campaign area and funds may not be commingled between campaign areas. Upon agreement by the Agency and the local Target Zero Manager, the DUI or Occupant Protection allocation may be increased or decreased without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original agreed amount for the specific emphasis area. Any increase in allocation exceeding 50% will require an amendment to this document. 9. PERFORMANCE STANDARDS: a. Participating law enforcement officers are required to make a minimum of 3 self -initiated contacts per hour of enforcement. b. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. c. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed, 10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19 Form 1) Agency identified as the "Claimant" 2) Statewide Vendor Number 3) A Federal Tax ID # 4) Original signature of the agency head, command officer or contracting officer, and 5) Other information denoted by arrows on the form. b. Payroll support documents (signed overtime slips, payroll documents, etc.). c. Emphasis Patrol Activity Logs showing 3 or more self -initiated contacts per hour. Emphasis Patrol Activity Logs cannot be modified. Payment cannot be made unless these activity logs are included. The Invoice Voucher (A19 Form), payroll supporting documents, and Emphasis Patrol Activity Logs shall be submitted to your Target Zero Manager for review and approval. The Target Zero Manager will forward these documents to WTSC for processing and payment. Created: August 7, 2013 Page 4 of 9 11. DEADLINES FOR CLAIMS All claims must be approved by your Target Zero Manager, please allow adequate time for processing in order to meet the following deadlines: a. First Deadline: All claims for reimbursement for emphasis conducted from October 1, to June 30, must be received by WTSC no later than August 15, 2014. b. Second Deadline: All claims for reimbursement for emphasis conducted between July 1 and September 30 must be received by WTSC no later than November 15, 2014. Invoices submitted for reimbursement after the above dates, will not be paid. WTSC will NOT accept faxed invoices. 12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from Agency, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. 13. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. Created: August 7, 2013 Page 5 of 9 IN W NES HEREOF, THE PARTIES HAVE Ager_3cy Signature Printed Name 1g 1112 (bat ) EXECUTED THIS AGREEMENT. WT C i nature Printed Nam (Date) Agency Address (where fully executed copy of this document will be mailed): Street City, State 3�— Zip Attn: Please return this signed MOU (No later than October 18, 2013) to your Target Zero Manager: Sara Wood Kent Police Department 220 4t" Ave. S. Kent, WA 98032 Target Zero Manager will forward this signed document to: Angie Ward, WTSC 621 — 8t" Avenue SW, Suite 409 PO Box 40944 Olympia, WA 98504-0944 360.725.9888 No later than October 31, 2013 Created: August 7, 2013 Page 6 of 9 Addendum A Multiiurisdictional High -Visibility Enforcement Protocols Purpose This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law enforcement agencies in coordinating multijurisdictional high visibility enforcement (HVE) mobilizations to address impaired driving and seat belt use. These mobilizations are funded by federal highway safety grants. Goal The goal of multijurisdictional high -visibility campaigns is to reduce fatal and serious injury collisions through the coordination of: • Publicity addressing increased enforcement, and • Increased contacts and arrests of violators. Method Funding from the Washington Traffic Safety Commission (WTSC) will support multijurisdictional HVE patrol activities to increase the number of officers working on impaired driving, and occupant protection enforcement. Public education and media will be coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement activity will support the media effort by demonstrating to the public that the media messages are true; i.e., that "extra enforcement patrols (with a particular focus) are going on now" so that the public takes the media messages seriously. The media work will support the police effort by encouraging voluntary compliance with the law. The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising the awareness of increased enforcement. Definitions: • HVE is enforcement of the law in conjunction with publicity that draws the attention of the public to the enforcement activity. Created: August 7, 2013 Page 7 of 9 • Multijurisdictional enforcement is defined as a minimum of three law enforcement agencies (LEA's) or patrol units participating at a designated date and time, enforcing a specific activity, in a location determined by the local Target Zero Task Force. Responsibilities WTSC: • Provide Funding. • Provide state/local traffic fatality and serious injury data • Coordinate paid media at the state level. • Lead news media efforts (if not lead by local TZM) for: o Holiday DUI o Click It or Ticket o Drive Hammered Get Nailed. • Summarize enforcement activity. • Report results to the National Highway Traffic Safety Administration. Target Zero Manager and Law Enforcement Liaison: • Lead the development of Multijurisdictional High Visibility Enforcement Mobilization Plans. • Coordinate mobilization briefings. • Lead news media efforts for: o Summer DUI • Lead news media efforts (optional) for all other mobilizations. • Review and approve all MOUs, invoices, and other documentation before submission to WTSC. This includes follow-up on incomplete invoicing paperwork and Emphasis Patrol Activity Logs with unexplained low contacts. Law Enforcement Agencies: • Send a representative to local task force meetings to plan mobilization locations and exact dates. Created: August 7, 2013 Page 8 of 9 • Ensure availability of agency media contact, noted on page 3 of this agreement, prior to and during all mobilization dates. • Provide commissioned police officer(s) (active or paid reserve) with appropriate equipment (vehicle, radar, etc.) to participate in multijurisdictional HVE patrols. • Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to enforce the impaired driving laws as outlined on page 2, section 3 of this agreement. • Require all officers participating in multijurisdictional HVE patrols to attend mobilization briefings. • Ensure officers working the overtime conduct a minimum of three 3 self -initiated contacts per hour. This is an enforcement activity that is intended to apprehend violators. It is expected that a Notice of Infraction/Citation (NOI/C) will be issued at contact unless circumstances dictate otherwise. It is understood that violator contacts may result in related, time-consuming activity. Such activity will be considered for reimbursement. Activity other than that initiated through HVE patrol contact (investigating collisions, emergency responses, etc.) will be the responsibility of the contracting agency and may not be considered for reimbursement. • Require officers to complete and submit multijurisdictional HVE patrol productivity on WTSC Emphasis Patrol Activity Log. Signature Date Created: August 7, 2013 Page 9 of 9 This page intentionally left blank. Agenda Item: Consent Calendar – 7J TO: City Council DATE: May 20, 2014 SUBJECT: Washington Traffic Safety Commission Amendment #1 to Interagency Agreement for Target Zero Manager – Authorize SUMMARY: The Police Department entered into an Interagency Agreement with the Washington Traffic Safety Commission for an initial term from July 1, 2013 through June 30, 2014 to fund 60% of the cost of the City providing personnel to serve as the South King County Target Zero Manager. The Target Zero Manager for South King County coordinates law enforcement patrols for DUI and seatbelt mobilization patrols for 14 police departments. The Target Zero Manager also allocates funding, processes MOUs of each agency, tracks enforcement activity, and is responsible for media and community outreach related to Target Zero patrols and enforcement. The funding in the initial Agreement was for $61,000 for this one-year period. However, the Agreement is now being amended to extend the term for an additional year with an additional $61,000 in funds. EXHIBIT: Amendment #1 RECOMMENDED BY: Public Safety Committee YEA: Berrios - Thomas – Ralph NAY: BUDGET IMPACTS: Unanticipated income and expense. MOTION: Authorize the Mayor to sign all documents amending the Interagency Agreement between the Washington Traffic Safety Commission and the Kent Police Department to extend the dates of the South King County Target Zero Traffic Safety Task Force Project from July 1, 2014 to June 30, 2015, and to increase funds to $122,000, with final agreement terms and conditions acceptable to the Police Chief and City Attorney. This page intentionally left blank. Amendment #1 To the SOUTH KING COUNTY Target Zero Traffic Safety Task Force Proiect Agreement attached I:3��Ti1l���I THIS AGREEMENT, pursuant to Chapter 39.34 RCW, amends the Project Agreement signed by KENT POLICE DEPARTMENT on May 10, 2013 and entered into by and between the KENT. POLICE DEPARTMENT and the Washington Traffic Safety Commission (WTSC) on July 1, 2014. IT IS THE PURPOSE OF THIS AMENDMENT to extend the dates of the SOUTH KING COUNTY Target Zero Traffic Safety Task Force Project Agreement from July 1, 2014 to June 30, 2015. IT IS THE PURPOSE OF THIS AMENDMENT to increase the amount of this contract to $122,000.00 for Target Zero Manager services, in support of Target Zero priorities and in accordance with the scope of work outlined in the Project Agreement. Signature - WTSC (Date) (Date) INTERAGENCY AGREEMENT BETWEEN KENT POLICE DEPARTMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT is made and entered into by and between the KENT POLICE DEPT , hereinafter referred to as "HOST AGENCY," and the Washington Traffic Safety Commission, hereinafter referred to as "WTSC." THE PURPOSE OF THIS AGREEMENT is to provide funding for the HOST AGENCY to provide personnel to serve as the S. KINC County Target Zero Manager (hereinafter referred to as TZM.) The TZM shall perform the deliverables described in the Statement of Work, attached as Exhibit "A." THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The HOST AGENCY shall furnish the necessary personnel for the performance of TZM duties as described in the Statement of Work shown in attached Exhibit A. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence on July 1, 2013 and remain in effect until June 30, 2014 unless terminated sooner, as provided herein. COMPENSATION Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement A Work will not exceed $E1,000.00 for salary, benefits, and indirect costs, if applicable. If HOST AGENCY intends to charge indirect costs, submission of a cost allocation plan or a Federal cognizant agency letter is required. It is the intent of this agreement that the Statement of Work be performed consistently throughout the entire period of performance. HOST AGENCY may provide additional funds for costs associated with TZM position. In such cases that the designated TZM is unable to perform the Statement of Work for more than 30 days, unless HOST Agency has made prior arrangements with WTSC to fulfill the Statement of Work, the HOST AGENCY will not bill WTSC during that period. BILLING PROCEDURE BETWEEN HOST AGENCY AND WTSC HOST AGENCY shall submit invoices for reimbursement with supporting documentation to WTSC monthly, Payment to HOST AGENCY for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be received by WTSC no later than August 15. All invoices for goods or services performed on or prior to September 30, must be received by WTSC no later than November 15. ACTIVITY REPORTS HOST AGENCY agrees to ensure submittal of quarterly progress reports electronically on the form entitled "Target Zero Manager Quarterly Report" incorporated by reference as Exhibit B. Page 1 of 12 Quarterly reports are to be detailed and must describe project activity performed in relation to deliverables. Quarterly reports must be submitted to WTSC within 15 days after the end of the reporting period. The final report must include a description of the results for the entire year. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the party, which consent shall not be unreasonably withheld. The HOST AGENCY shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the Statement of Work outlined in Exhibit A. All third -party awards must allow for the greatest practical competition in accordance with local procurement rules and procedures. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the WTSC and the State Of Washington. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, 'studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The HOST AGENCY may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 0 age 2 of 12 AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If, for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) working days. If failure of violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49 CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular M22 for nonprofit entities. The HOST AGENCY shall not utilize Federal grant funds to replace routine and/or existing State or local expenditures; or utilize Federal grant funds for costs of activities that constitute general expenses required to carry out the overall responsibilities of State, local, or Federally -recognized Indian tribal governments. INCOME Income earned by the HOST AGENCY with respect to the conduct of the Statement of Work (e.g. sale of publications, registration fees, service charges) must be accounted for and income applied to project purposes or used to reduce project costs. NONDISCRIMINATION The HOST AGENCY will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended, which prohibits discrimination on the basis of disabilities; (d) the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987, which requires Federal -aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972, as amended, relating to nondiscrimination on the basis of drug abuse; Page 3 of 12 (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and, relating to confidentiality of alcohol and drug abuse patient records; (i) Title Vill of the Civil Rights Act of 1968, as amended, relating to nondiscrimination in the sale, rental or financing of housing; Q) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. BUY AMERICA ACT . The HOST AGENCY will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non -domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The HOST AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1DUO) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. FEDERAL LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Page 4 of 12 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the prospective lower flier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The_prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transactionI participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- LowerfTier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) Page 5 of 12 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. FEDERAL FUNDING ACCOUNTABILIYT AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the HOST AGENCY shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity if: (i) the entity in the preceding fiscal year received — I. 80 percent or more of its annual gross revenues in Federal awards; II. $25,000,000 or more in annual gross revenues from Federal awards; and (ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986; DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on fhe parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. Page 6 of 12 GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this 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 or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and Conditions of this agreement; c. Any Amendment executed under this Contract; d. Any Statement of Work executed under this Contract; and e. Any other provisions of the agreement, including materials incorporated by reference. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 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, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions A this Agreement are declared to be severable. DRUG -FREE WORKPLACE In accordance with the Drug -Free Workplace Act of 1988 (41 USC 8103 and 42 USC 1264411 the HOST AGENCY shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such provision. The HOST AGENCY shall establish a drug -free awareness program and require that employees provide notification of any criminal drug statute. conviction for a violation occurring in the workplace no later than five days after such incident. The HOST AGENCY shall notify WTSC within ten days after such notification by an employee. Within 30 days, the HOST AGENCY will take appropriate personnel action against such employee, up to and including termination, and require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. DESIGNATED CONTACT The following named individuals will serve as designated contacts for each of the parties, for all communications and billings regarding the performance of this Agreement: Page 7 of 12 IN WITNESS WHEREOF, the parties have executed this Agreement. Signature Ken Thomas Printed Name Chief of Police Title Date Signature Robert Constant Printed Name Sergeant Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Darrin Grondel Printed Name Director Title Date Page 8 of 12 Exhibit A STATEMENT OF WORK ➢ General. HOST AGENCY shall provide personnel to serve as the SOUTH KING County Target Zero Manager (TZM) providing services consistently for the entire period of performance. ➢ Consideration. WTSC shall reimburse HOST AGENCY for TZM salary, benefits and indirect costs, not to exceed $11,000.00 not to exceed $5,083933 per month. ➢ Agency Obligations. o HOST AGENCY will provide: 1. Supervision of TZM 2. Deliverables as listed below o WTSC will provide: 1. Training and development opportunities including pre -approved travel costs. 2. Mini -grants for program support 3. Quarterly county fatality data ➢ TZM Objectives and Deliverables. The work of the Target Zero Manager shall fulfill the following objectives and deliverables. o Objective 1 -Build consensus among the local traffic safety task force toward the development of comprehensive and collaborative traffic safety solutions guided by the Washington State Strategic Highway Safety Plan, Target Zero. Deliverables o Create, update, and utilize a Traffic Safety task force strategic plan built on driven analysis, analysis. o Lead and coordinate the Task Force in defining and prioritizing objectives, preparing work plans and schedules, and driving performance. o Plan and conduct regular meetings as agreed upon by parties. o Promote the value of membership to stakeholders. o Follow-up on meeting outcomes and action items. o Deliver exceptional public presentations at media events and other meetings to educate constituents, promote ideas, and build knowledge and skills in stakeholders. o Coordinate task force activities with the Law Enforcement Liaison. o Manage web and social media presence for the Traffic Safety Task Force. o Develop, coordinate, and actively participate in relevant conferences and training events. o Develop traffic safety project proposals utilizing proven strategies or innovative proofs of concept. Page 9 of 12 Objective 2 - Develop, implement and monitor specific programs as directed by the Washington Traffic Safety Commission or address local traffic safety problems. Deliverables o Coordinate national high visibility enforcement mobilizations. o Manage the implementation of the Target Zero Teams project (if applicable.) o Lead news & paid media outreach efforts. o Coordinate Traffic Safety Corridor Projects (if applicable.) o Plan, implement, and monitor local.traffic safety projects such as Bar Safe o Coordinate the Victim Impact Panel (if applicable). o Conduct recognition and awards ceremonies. o Involved in child passenger safety projects. o Facilitate school zone equipment requests among Schools and Law Enforcement Agencies. o Emerging project coordination as needed by the WTSC. Objective 3 -Manage financial resources by monitoring and evaluating expenditures from various funding sources, ensuring adherence to guidelines and contractual terms. Deliverables o Write quarterly and final project reports (per format shown in Exhibit B) and direct expenditures of federal and state funds for traffic safety activities. o Negotiate working agreements with partners and other service providers to include defining scope of work and other contractual terms, establishing evaluation criteria, and assuring compliance with state and federal requirements. Objective 4 -Develop, implement, and monitor pertormance metrics and quality control processes to determine program effectiveness. Deliverables o Monitor local crashes and adjudication of traffic=related offenses. Review trends and high profile cases with task force. o Analyze traffic safety data and research to identify problems and trends. Page 10 of 12 Exhibit B (1) A. County: B. Target Zero Manager: C. Quarterly Report Number: ❑1st Quarter Report Oct. ❑2" Quarter Report Jan. ❑3r Quarter Report Apr. 4 Quarter Report July ❑ G. Other Report:. 1 1 —Dec. 31 1 — Mar. 31 1 — Jun. 30 — Sept. 30 Target Zero Manager Quarterly Report Final Report Due within 30 days of Special Majol t Note: Due on Jan. 15 Due on Apr. 15 Due on Jul. 15 Due on Oct. 15 proiect close (2) Provide an update of your Task Force activities this period as related to deliverables in Objective 1. (3) Provide an update of program development, implementation, and monitoring as related to Objective 2. (4) What trends are seeing in your jurisdiction? Include information about crashes that involve the top Target Zero contributing factors: a. Impaired Driving: b. Speeding: c. Young Drivers: d. Run -off -the Road. e. Distracted. f. Intersection -related: g. Other. (6) Problems/Challenges Encountered: (7) Other Remarks: Page 11 of 12 Target Zero Manager Quarterly Report Final Report Due within 30 days of Special Majol t Note: Due on Jan. 15 Due on Apr. 15 Due on Jul. 15 Due on Oct. 15 proiect close (2) Provide an update of your Task Force activities this period as related to deliverables in Objective 1. (3) Provide an update of program development, implementation, and monitoring as related to Objective 2. (4) What trends are seeing in your jurisdiction? Include information about crashes that involve the top Target Zero contributing factors: a. Impaired Driving: b. Speeding: c. Young Drivers: d. Run -off -the Road. e. Distracted. f. Intersection -related: g. Other. (6) Problems/Challenges Encountered: (7) Other Remarks: Page 11 of 12 Target Zero Manager Signature: Project Director Signature: Page 12 of 12 This page intentionally left blank. Agenda Item: Consent Calendar – 7K TO: City Council DATE: May 20, 2014 SUBJECT: Blumenthal Uniform Co., Inc., Contract – Authorize SUMMARY: The City’s Police Department wishes to continue to purchase its uniforms from Blumenthal’s Uniform Co., Inc., to ensure the department receives uniforms consistent in appearance and quality among police department staff. Blumenthal’s has provided uniforms to the police department since at least 1999 and the police department wishes to continue its relationship with Blumenthal’s. The Police Department anticipates that its annual uniform needs should not exceed $100,000. The Mayor previously granted the police department’s request to waive the procurement requirements pursuant to KCC 3.70.080 because the police department relied upon the prior advertised bid process conducted by the State of Washington for the majority of its uniform needs. For those uniforms items specific to Kent, it was more advantageous for the City to contract directly with Blumenthals than to separately bid those items, as explained in more detail in the attached waiver. EXHIBITS: Draft Goods and Services Agreement, including Exhibits RECOMMENDED BY: Public Safety Committee YEA: Berrios - Thomas – Ralph NAY: BUDGET IMPACTS: Unanticipated income MOTION: Authorize the Mayor to sign a Goods and Services Agreement with Blumenthal Uniform Co., Inc., for the purchase of police uniforms in an annual amount not to exceed $100,000, subject to final terms and conditions acceptable to the Police Chief and City Attorney. This page intentionally left blank. KENT W A S H I N G T O N CITY OF KENT POLICE DEPARTMENT 220 41h Avenue South Kent, WA 98032 Fax:253-856-6802 PHONE: 253-856-5800 To: Suzette Cooke, Mayor From: Sara Wood, Research and Development Analyst CC: Ken Thomas, Police Chief Date: April 17, 2014 Re: Request for Advertised Bid Waiver Pursuant to KCC 3.70.080 for Police Uniforms The City's Police Department is requesting you waive the advertised bid requirement set forth in KCC 3.70.080 for the purchase of uniforms for Kent Police Department personnel from Blumenthal Uniform Co., Inc. ("Blumenthal's"). The police department anticipates that its annual uniform needs should not exceed $100,000. As an example, in 2013, the police department spent approximately $83,000 with Blumenthal's. An exact contract amount is difficult to determine because uniform needs depend upon staff rotation, and uniforms are replaced on an interval and rotating basis, or when damaged beyond reasonable repair. Many of these events cannot be anticipated. The advertised bid requirement for purchases over $50,000 may be waived by the Mayor upon her finding that the bidding requirements of KCC 3.70.030 are not practicable or in the City's best interest under the circumstances. Should such a finding be made by the Mayor, the materials, supplies, equipment, or services to be purchased may be acquired by the City through direct negotiation with an identified vendor or contractor. The Kent Police Department requests this waiver for two reasons. First, the City has contracted with Blumenthal's for the police department's uniform needs since at least 1999. Continuing to contract with Blumenthal's will ensure that the uniforms remain consistent in appearance and quality among police department staff. Second, a majority of the uniform items purchased by the Kent Police Department have already been subjected to an advertised bid process conducted by the State of Washington where Blumenthal's was the successful bidder. In accordance with KCC 3.70.030, the City of Kent may rely upon an advertised bid conducted by another public agency in satisfying the City's procurement requirements, so long as the items purchased are "substantially the same." While there are some color, quality, and design differences between the items purchased by the State of Washington and the City of Kent, the police department believes the items are "substantially the same" for purposes of KCC 3.70.030. However, out of an abundance of caution, the police department wanted to additionally seek an advertised bid waiver from the Mayor in accordance with KCC 3170,0800 A large number of the items the Kent Police Department purchases from Blumenthal's are directly ofF of the state's contract, including short -sleeved shirts, duty jackets, men's pants, belts, boots, and duty -belt equipment. By purchasing ofF of the state contract, the City Memo Page: 2 Re: Request for Advertised Bid Waiver Pursuant to KCC 3.70.080 for Police Uniforms receives a substantial price discount on these items. However, many other uniform items are specific to the Kent Police Department due to required color, quality, and design, including long-sleeved shirts, women's pants, patch style and location. The Kent Police Department does not believe it would be cost effective for the City to purchase most of the department uniform items from Blumenthal's, but then purchase other portions from another vendor. Additionally, purchasing the entire uniform from Blumenthal's allows the Kent Police Department to have uniformity in the appearance of its police officers, corrections officers, and other uniformed department personnel. Although this memo seeks the Mayor's waiver of any advertised bid requirement of KCC 3.70.030, staff will take any contract that results from its direct negotiations with Blumenthal's to the Public Safety Committee and the full City Council for approval before it is presented for signature. If you approve of the Kent Police Department's waiver request, please indicate your approval by signing below. Suze Cg6ke, ayo Date: /�� GOODS & SERVICES AGREEMENT - 1 (Over $10,000.00, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Blumenthal Uniform Co., Inc., d/b/a Blumenthal Uniforms & Equipment THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Blumenthal Uniform Co., Inc. d/b/a Blumenthal Uniforms and Equipment, organized under the laws of the State of Washington, located and doing business at 21621 Pacific Highway South, Des Moines, WA 98198; (206) 878-5477 (contact Apryl Stewart) (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: Uniforms, uniform accessories, uniform tailoring, and uniform alterations for Kent Police Department employees and volunteers ("uniformed employees") provided to the City on an as-needed basis, and available for over-the-counter sales and direct or online sales and shipment. This contract is based upon the existing bid, contract, and price list established between Vendor and the State of Washington under Contract #06810. Those items purchased by the City off of state Contract #06810, and identified on the attached and incorporated Exhibit A under the "Special Instructions" column as "State Contract," shall be provided by Vendor to the City in accordance with the quality, measurement, and other specifications provided for by state Contract #06810. Those items in Exhibit A that are unique to the Kent Police Department shall be of the same type, quality, and specification as they exist at the time the parties execute this Agreement, and no alteration or substitution of any item in Exhibit A, whether purchased off the state contract or unique to the City, is permitted without the express written authorization of the City. Standard tailoring and alteration services shall be provided at no additional cost for all new items purchased under this Agreement, which shall customize the fit of a purchased uniform to insure a proper and precise fit to the uniformed employee. Any exceptions to this alteration process are detailed on the attached and incorporated Exhibit A as an additional charge under the column "Cust Price." Exceptional tailoring services or repair work not identified on Exhibit A shall be charged at the rate mutually agreed upon by the parties, on a case-by-case basis. Uniformed employees will visit Vendor during regular business hours for uniform fittings. However, Vendor agrees to perform uniform fittings at the Kent Police Department on an as-needed basis as may be determined by the City in consultation with the Vendor. GOODS & SERVICES AGREEMENT - 2 (Over $10,000.00, including WSST) 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 December 31, 2015. However, upon the parties’ mutual agreement, this Agreement may be extended for up to three (3) additional one-year terms. Exercising an option to extend this Agreement for one of these additional one-year terms must be completed by execution of an amendment to this Agreement. However, in no event shall the term of this Agreement be extended beyond December 31, 2018. III. COMPENSATION. The City shall pay the Vendor, based on past usage, an estimated annual amount not to exceed $100,000, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. This “not to exceed” amount is provided as an estimate only and is in no way a guarantee of the payment the Vendor can expect to receive during the term of this Agreement. This estimate is based on the number and type of uniform garments that the City reasonably expects to purchase from the Vendor annually during the term of this Agreement. However, because the City’s uniform needs depend on the number of employees it has on staff, this amount may fluctuate up and down. If the parties agree to extend this Agreement after the initial two-year term, and should the annual “not to exceed” amount provided for in this section prove insufficient to cover the costs associated with that extension, the parties shall properly negotiate and execute an amendment to this Agreement. However, by its execution of this Agreement, the Vendor agrees that the purchase rates it charges the City during the initial term of this Agreement, or any exercised extension option, shall remain locked at the rates originally provided for within this Agreement, unless the City provides its express written authorization for any price increase. The City shall pay the Vendor the following amounts according to the following schedule: Vendor will be paid on a monthly basis for services rendered and goods received during the prior month in accordance with the Price List attached and incorporated as Exhibit A. Invoices will be paid within thirty (30) days after the City’s receipt and acceptance of the goods or completion and acceptance of the services. Payment periods will be computed from either the date of delivery of all goods ordered, the date of completion of all services, or the date of the City’s receipt of a correct invoice, whichever of these dates is later. No payment shall be due prior to the City’s receipt and acceptance of the items identified in the invoice thereof. 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 GOODS & SERVICES AGREEMENT - 3 (Over $10,000.00, including WSST) 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. 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 GOODS & SERVICES AGREEMENT - 4 (Over $10,000.00, including WSST) 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; 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 GOODS & SERVICES AGREEMENT - 5 (Over $10,000.00, including WSST) 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, 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 GOODS & SERVICES AGREEMENT - 6 (Over $10,000.00, including WSST) 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 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 GOODS & SERVICES AGREEMENT - 7 (Over $10,000.00, including WSST) 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. Further, the representative(s) signing this Agreement on behalf of the Vendor and the City each swear under penalty of perjury that he or she is authorized to enter into this Agreement on behalf of the party for which he or she signs, and that action is binding on the respective party. 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. / / / / / / / / / / / / / / / / GOODS & SERVICES AGREEMENT - 8 (Over $10,000.00, including WSST) 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. VENDOR: BLUMENTHAL UNIFORM CO., INC. d/b/a Blumenthal Uniforms & Equipment By: (signature) Print Name: Its (title) DATE: CITY: CITY OF KENT By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Attn: Apryl Stewart Blumenthal Uniforms & Equipment 21621 Pacific Highway South Des Moines, WA 98198 (206) 878-5477 (telephone) (206) 878-5922 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Attn: Cindy White City of Kent Police Department 220 Fourth Avenue South Kent, WA 98032 (253) 856-5872 (telephone) (253) 856-6803 (facsimile) APPROVED AS TO FORM: Kent Law Department P:\Civil\Files\Open Files\1836-Blumenthal's\BlumenthalUniform-GoodsandSrvsAgr-042214CLEAN.doc 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. 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. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ This page intentionally left blank. Run Date 4/15/14 C O N T R A C T P R I C I N G / S P E C S L I S T Page 1 Run Time 4:43 PM BLUMENTHAL UNIFORMS User 62 (SELECT OPTIONS) Sort (1/2/3)? 1 <1>=Customer/Item Code, <2>=Customer/Line#, <3>=Customer/Dept/Class/Item Code Customer Code: KENTPD to KENTPD Contract Dept: MAIN Customer Type: ALL Vendor Code: ALL Department Code: ALL Class Code: ALL Item Code: ALL Location Code: ALL Salesman Code: ALL Contract Type (C/S/A)? ALL <C>=Contract, <S>=Specifications, <A>=All Customers Print Cost Data (YIN)? N Print Retail Price (YIN)? N Print Cust Price (Y/N)? Y Mailing Format (Y/N)? N <Y>=Mailing Format for Window Envelope (Logo Paper), <N>=Report Format Print Item Detail (YIN)? Y <N>=Does not print Customers Items Print Spaces (YIN)? N <N>=Deletes the space between Items Print Manuf Name (YIN)? N <Y>=Prints Manuf Name on separate line beneath Item Description Expiration Date: ALL Prints Contracts/Specs with expiration date on or before date entered Print Vendor Ref (YIN)? Y Contract KENTPD KENT POLICE DEPT. (253) 856-5800 MAIN PATROL UNIFORMS Fax (253) 856-6803 MAIN Expire Date: 3/01/13 KENT, WA 98032 UPDATED 12-17-13-62, PRICING BASED ON WA STATE CONTRACT OFFICERS CAN PURCHASE ANY PLAIN TOE BOOT UP TO ACADIA $220 NAMETAPE TO BE PUT ABOVE RT POCKET/5/11/12-62 nylon or leather, officer choice Lin Item Vendor Item Retail Cust Special Num Code Reference Description Oty Price Price Instructions B5 011316 48W39 86 SHIRT/MENS/L.S./PERFECT MAT 59.95 CLASS A OR B OPTION/NO CLOTH NAM IF CLASS A C 350023 S/0 TWO EMB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 86 011317 48W39 86 O/S SHIRT.MENS/L.S./PERFECT MAT 64.95 CLASS A OR B OPTION/NO CLOTH NAM IF CLASS A C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 87 011318 98R39 86 SHIRT/MENS/S.S./PERFECT MAT 54.95 CLASS B/MUST HAVE CLOTH NAME C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 C 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 1 0.00 ABOVE RT POCKET C 342291 22DNDN NAMETAG 3/4"x3" DK NAVY BRDR & BKGR 1 5.00 PEARL GREY OR NORDSTROM GOLD 88 011319 98R39 86 O/S SHIRT/MENS/S.S./PERFECT MAT 56.95 CLASS B/MUST HAVE CLOTH NAME C 350023 S/O TWO EMBIS SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 C 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 1 0.00 ABOVE RT POCKET C 342291 22DNDN NAMETAG 3/411x3" DX NAVY BRDR & BKGR 1 Sloo PEARL GREY OR NORDSTROM GOLD Run Date 4/15/14 C O N T R A C T P R I C I N G/ S P E C S L I S T Page 2 Run Time 4:43 PM BLUMENTHAL UNIFORMS User 62 Contract KENTPD KENT POLICE DEPT, (253) 856-5600 MAIN PATROL UNIFORMS Fax (253) 856-6803 MAIN Expire Date: 3/01/13 KENT, WA 98032 UPDATED 12-17-13-62, PRICING BASED ON WA STATE CONTRACT OFFICERS CAN PURCHASE ANY PLAIN TOE BOOT UP TO ACADIA $220 NAMETAPE TO BE PUT ABOVE RT POCKET/5/11/12-62 nylon or leather, officer choice Lin Item Vendox item Retail Cust Special Num Code Reference Description Qty Price Price Instructions -___ --------- -------- -__ ___ ...... _---_ ------------ 222 016000 7M76SNV/ST62MV SHIRT, SS ACADEMY, NAVY 18.50 STATE CONTRACT C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 1 4,00 C 351132 SHCREASE SEW IN MILITARY CREASES IN 1 8.00 95 020314 204W39 86 SHIRT L/S PERFECT MATCH 66,95 CLASS A OR B OPTION/NO CLOTH NAM IF CLASS A C 350023 S/O TWO EME'S SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7,00 97 020316 254R39 86 SHIRT SIB PERFECT MATCH 59.95 CLASS B/MUST HAVE CLOTH NAME C 350023 S/O TWO EME'S SEW EMBLEM EACH SLEEVE 1 0.00 C 351126 SHZIPB SEW ZIPPER W/BUTTONS 1 7,00 C 350120 S/0 NAME SEW NAME EMBLEM ON GARMENT 1 0.00 ABOVE RIGHT POCKET C 342291 22DNDN NAMETAG 3/4^x3" DK NAVY BRDR & BKGR 1 5.00 PEARL GREY OR NORDSTROM GOLD 98 020317 254R39 86 O/S SHIRT SIB PERFECT MATCH 0/S 59,95 CLASS B/MUST HAVE CLOTH NAME C 350023 S/O TWO EMB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 3SI126 SHZIPB SEW ZIPPER W/BUTTONS 1 7.00 C 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 1 0.00 ABOVE RT POCKET C 342291 22DNDN NAMETAG 3/41Ix3" DK NAVY BRDR & BKGR 1 5,00 PEARL GREY OR NORDSTOM GOLD 91 030646 39300 86 PANT/MENS/NAVY/CARGO 79,95 CLASS B PANT OPTION 92 030692 39300 86 O/S PANT/MENS/NAVY/CARGO 84,95 CLASS B PANT OPTION 93 030707 39300 O/S2 PANT/MENS/CARGO/PERFECT MAT 94.95 CLASS B PANT OPTION 90 030723 H39400 O/S PANT LAPD NVY PLY/RYN/LYC 0 64,95 CLASS A PANT OPTION 94 030724 H39400 O/S2 PANT LAPD NVY PLY/RYN/LYC 0 69,95 CLASS A PANT OPTION 223 031271 74003-724 PANT/MENS/DENAVY/TDU/RIP ST 44,99 STATE CONTRACT 190 031558 39400 86 PANT/MENS/PERFECT MATCH 58,00 224 031922 74280-724 PAWT/MENS/DK NAVY/TACLITE T 44,99 STATE CONTRACT 99 040327 39300W 86 PANT/WOMENS/NAVY/POLYRAY LY 79,95 CLASS B PANT OPTION 100 040344 39300W 86 0/S PANT/WOMENS/NAVY/POLYRAY LY 84.50 CLASS B PANT OPTION 200 050949 48001-724 JACKET/MENS/3IN1 249,99 DUTY JACKET, NAVY STATE CONTRACT C 343593 10170 PANEL/REFLCTVE POLICE/3.5 X 2 9.95 ON FLAP AND ON LINER C 350120 8/0 NAME SEW NAME EMBLEM ON GARMENT 2 0.00 ON COAT AND LINER C 350023 S/O TWO ENE 'S SEW EMBLEM EACH SLEEVE 2 0.00 COAT AND LINER C 355000 S/O BADGE SEW BADGE EMBLEM ON GARMENT 2 0.00 COAT AND LINER C 342291 22DNDN NAMETAG 3/4^x3^ DK NAVY BRDR & BKGR 2 5,00 PEARL GREY OR NORDSTROM GOLD C 350015 S/O PANEL SEW LARGE EMB/PANEL ON GARM 2 0.00 Run Date 4/15/14 C O N T R A C T P R I C I N G / S P E C S L I S T Page 3 Run Time 4:43 PM BLUMENTHAL UNIFORMS User 62 ContrdCt KHNTPD MAIN MAIN Lin Item Num Code KENT POLICE DEPT. PATROL UNIFORMS KENT, WA 98032 vendor Item Reference Description (253) 856-5800 Fax (253) 856-6803 Expire Date: 3/01/13 UPDATED 12-17-13-62, PRICING BASED ON WA STATE CONTRACT OFFICERS CAN PURCHASE ANY PLAIN TOE BOOT UP TO ACADIA $220 NAMETAPE TO BE PUT ABOVE RT POCKET/5/11/12-62 nyIon or leather, officer choice Retail Cust Special Qty Price Price Instructions 201 050950 48001-724 0/S JACKET/MENS/3 IN 1 259 .99 DUTY JACKET STATE CONTRACT C 350023 S/0 TWO EME'S SEW EMBLEM EACH SLEEVE 2 0,00 COAT AND LINER C 343593 10170 PANEL/REFLCTVE POLICE/3.5 X 2 9.95 FLAP AND LINER C 355000 8/0 BADGE SEW BADGE EMBLEM ON GARMENT 2 0.00 COAT AND LINER C 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 2 0.00 COAT AND LINER C 342291 22DMN NAMETAG 3/4"x3" DK NAVY BRDR & BKGR 2 5.00 PEARL GREY OR NORDSTROM GOLD C 350015 S/O PANEL SEW LARGE EMB/PANEL ON GARM 2 0,00 191 051794 48112-019 JACKET/MENS/BLACK/SABRE 2.0 249.00 DETECTIVE STATE CONTRACT C 330046 POLICEWHITE 1TH 1" THERMO POLICE, WHITE 1 5.00 C 330034 POLICEWHITE 3TH 3" THERMO POLICE, WHITE 1 9.95 C 355000 S/0 BADGE SEW BADGE EMBLEM ON GARMENT 1 0.00 SILVER OR GOLD 192 051808 48112-019 O/S SABRE JACKET BLACK 0/S 249,00 DETECTIVE STATE CONTRACT C 330046 POLICEWHITE 1TH 1" THERMO POLICE, WHITE 1 5.00 C 330034 POLICEWHITE 3TH 3" THERMO POLICE, WHITE 1 9.95 C 355000 S/O BADGE SEW BADGE EMBLEM ON GARMENT 1 0.00 GOLD OR SILVER 198 070349 JS PKT X-26 POCKET, TASER X-26 23,00 199 070355 CELL/PGR/CBN PK POCKET, JS CELL/PAGER/COBAN 10,00 196 070371 SC200ITPD JUMPSUIT, TACOMA PD SPEC 475,00 OFFICER MUST PAY DIFFERENCE FROM MEDIUM WEIGHT STATE CONTRACT C 350023 S/0 TWO EME'S SEW EMBLEM EACH SLEEVE 1 0,00 C 355000 S/0 BADGE SEW BADGE EMBLEM ON GARMENT 1 0.00 C 350120 S/0 NAME SEW NAME EMBLEM ON GARMENT 1 0.00 C 343611 TPD HVYWT 1"x5" DKNVY BKGRD/BRDR HVYW 1 0.00 PEARL GREY OR NORDSTROM GOLD 197 070373 SC2005TPD JUMPSUIT MID WT TACOMA PD S 485,00 STATE CONTRACT, MAIN JUMPSUIT NAVY C 350023 S/O TWO ENB'S SEW EMBLEM EACH SLEEVE 1 0.00 C 355000 S/0 BADGE SEW BADGE EMBLEM ON GARMENT 1 0.00 C 350120 S/0 NAME SEW NAME EMBLEM ON GARMENT 1 0.00 C 343610 TPD MONT 1"x5" DKNVY BKGRD/BRDR MONT 1 0.00 PEARL GREY OR NORDSTROM GOLD C 330377 4" POLICE/REFL PANEL, APPLY TO JUMPSUIT 1 18,00 C 999990 NOTES NOTES 1 0.00 MAY PAY FOR UPGRADE TO HEAVY-WT C O N T R A C T P R I C I N G/ S P E C S L I S T Page 4 Run Date 4/15/14 Run Time 4:43 PM BLUMENTHAL UNIFORMS User 62 Contract KENTPD KENT POLICE DEPT, (253) 856-5800 MAIN PATROL UNIFORMS Fax (253) 856-6803 Expire Date: 3/01/13 MAIN KENT, WA 98032 UPDATED 12-17-13-62, PRICING BASED ON WA STATE CONTRACT OFFICERS CAN PURCHASE ANY PLAIN TOE BOOT UP TO ACADIA $220 NAMETAPE TO BE PUT ABOVE RT POCKET/5/11/12-62 nylon or leather, officer choice Lin Item Vendor Item Retail Cust Special Num Code Reference Description Qty Price Price Instructions 219 090106 5180 WHITE T-SHIRT BEEFY-T 6.50 STATE CONTRACT C 351234 LTR 2-SIDES HEAT APPLY LETTERS TO GARME 1 8.00 ACADEMY LETTERS STATE CONTRACT 220 090543 562M ASH SWEATSHIRT, JERZEES 8OZ 12,50 STATE CONTRACT C 3SI234 LTA 2-SIDES HEAT APPLY LETTERS TO GARME 1 8,00 ACAD LETTERS, STATE BID 221 090544 973M ASH SWEATPANT, JERZEES 8OZ 12,50 STATE CONTRACT 188 140140 P8005 CAP STRAP/SILVER/SNAKE STYL 9.95 8 148010 SEATTLE PD lEYL HAT, SEATTLE 8-PT 44,95 49 151017 45055-61 TIE, NAVY, MS. CLIP ON 10,95 29 151018 45015-61 TIE, NAVY, REG, CLIP ON 10,95 50 151019 45045-61 TIE NAVY LONG CLIP ON 10,95 117 180142 7200-17379 XS DUTY BLT/24-28"/QT#20101962 30.90 STATE CONTRACT 209 180175 7205-17705 XSM BELT LNR/24-28"/QT420101962 17.09 STATE CONTRACT 122 180272 7200-19094 2XL DUTY BLT/54-58"/QT420101962 30.90 STATE CONTRACT 81 180296 6605 BLACK BW BELT/BLACK BW/1.75" 12,31 STATE CONTRACT 214 180302 7205-17710 2XL BELT LNR/54-58"/QT420101962 17,09 STATE CONTRACT 118 187381 7200-17380 SMAL DUTY BLT/28-34"/QT420101962 30.90 STATE CONTRACT 119 187382 7200-17381 NED DUTY BLT/34-400/QT#20101962 30.90 STATE CONTRACT 120 187383 7200-17382 LARG DUTY BLT/40-46"/QT#20101962 30.90 STATE CONTRACT 121 187384 7200-17383 XL DUTY BLT/46-52"/QT#20101962 30,90 STATE CONTRACT 210 187708 7205-17706 SMAL BELT LNR/28-34"/QT420101962 17,09 STATE CONTRACT 211 187709 7205-17707 MED BELT LNR/34-40"/QT420101962 17,09 STATE CONTRACT 212 187710 7205-17708 LANG BELT LNR/40-46"/QT420301962 17,09 STATE CONTRACT 213 187711 7205-17709 X-LG BELT LNR/46-52"/QT420101962 17,09 STATE CONTRACT 7 188799 87-XX-8 DUTY BELT/SLACK BW/LINED 52.88 STATE CONTRACT 172 190044 21210W WSP BOOT/WMNS/ACADIA/NYLNLTHR/B 213,50 STATE CONTRACT 171 196501 21210 WSP BOOT/ACADIA/NYLON-LEATHER/B 213,50 STATE CONTRACT 141 250423 65-4 BELT KEEPER/.75"/SIL SNAP/B 3.50 84 250591 79145-22113 RADIO HOLDER/BW/UNIVERSAL 47,95 147 251101 33-4V GLOVE POUCH/BW/l PR LATEX G 18,50 146 251102 33-3-4V GLOVE POUCH/BW/3 PR LTX GLO 18,95 145 252904 290-4 CUFF CASE/BW/DOUBLE/SIL SNA 42,95 28 255000 531 ELK BW SILV BIT KPR 3/4"/SLVR SNAP/SING 2,00 STATE CONTRACT 206 255006 570 ELK BW SLVR M-4 MACE HOLDER,W/SILVER SN 20,83 STATE CONTRACT 204 255012 508 ELK BW CUFF CASE, SINGLE, SILVER S 22.12 STATE CONTRACT 205 260033 700C HANDCUFF/CHAIN/NICKLE 21,41 STATE CONTRACT 216 263002 703C LEG IRONS/NICKLE/15" LENGTH 39,00 STATE CONTRACT 217 263003 801C HANDCUFF/HINGED/NICKLE 31,00 STATE CONTRACT 30 300449 A7510 RHD-SINGL F.T.O. PINS 5/16" C.B.-RHOD 23,60 193 301600 PE1090 EMBR STAR, GOLD/NAVY 2,95 154 302651 B2954 GOLD BADGE PER FOLLOWING SPECS 89,95 SNGLE PST SCREW BCK/BLU RMN LTRS LT BLU WA ST SEAL W/NVY ENML RIM C 300010 TOP PANEL 1 0.00. RANK: C 300011 2ND PANEL 1 0.00 KENT C 300017 SEAL AS FOLLOWS 1 0.00 IT BLUE BG W/NAVY ENML RIM C 300013 3RD PANEL 1 0.00 POLICE Run Date 4/15/14 C O N T R A C T P R I C I N G/ S P E C S L I S T Run Time 4:43 PM BLUMENTHAL UNIFORMS Contract KENTPD KENT POLICE DEPT, (253) 856-5600 MAIN PATROL UNIFORMS Fax (253) 856-6803 Expire Date: 3/01/13 MAIN KENT, WA 98032 UPDATED 12-17-13-62, PRICING BASED ON WA STATE CONTRACT OFFICERS CAN PURCHASE ANY PLAIN TOE BOOT UP TO ACADIA $220 NAMETAPE TO BE PUT ABOVE RT POCKET/5/11/12-62 nylon or leather) officer choice Lin Item Vendor Item Retail Cust Special Num Code Reference Description Qty Price Price Instructions ___ ______ _____ ____________ 155 302653 B2954 TWO TONE BADGE PER FOLLOWIN SPHCS 105.50 10 308001 50 NAMETAG FASTENER & WORDING TO BE: 15.95 170 310086 342P POLICE REFL ANSI II W/ZIP & LETTER 79,95 57 325001 SN1000 TRAFFIC N.W. TRAFFIC TEMPLATE 4" X 18,95 194 342291 22DNDN NAMETAG 3/4"x3" DK NAVY BRDR & BKGR 5,00 203 343855 STARS FOR COLLA STARS4COLLARS/POSITION/COLD 7,50 82 350039 PRISE ALTER RISE ON PANT 7,00 180 350120 S/O NAME SEW NAME EMBLEM ON GARMENT 2,00 61 351100 PWAIST ALTER WAIST ON PANT 5.00 58 351120 SHTAP TAPER SIDES ON SHIRT 6.75 59 351126 SHZIPB SEW ZIPPER W/BUTTONS 7.00 60 351136 S/O EMB SEW EMBLEM ON OUR GARMENT 2,00 75 355000 S/O BADGE SEW BADGE EMBLEM ON GARMENT 2,00 56 355003 S/0 CHEVRONS SEW PR OF CHEVRONS ON GARME 4,00 31 355006 S/0 INSIGNIA SEW ON YEARS OF SERV. INSIG 2,00 C 349999 34 MISC.EMBROIDERY/EME/NAME/IN 1 2.50 126 370009 7311-18456 FLASHLIGHT HOLDER/NYL/ 6P 15.58 129 370144 7311-19657 FLASHLIGHT HOLDER/NYL/STING 15.58 123 370371 7326-22837 FLASHLIGHT HOLDER/NYL/SCORP 12.95 124 370372 7326-22838 FLASHLIGHT HOLDER/NYL/STING 12,95 215 370572 7406-15635 BELT KEEPER/BLACK/NYLON/4-P 9.51 218 370574 7409-14416 FLASHLIGHT RING/NYLON/BLACK 5,21 208 376600 73145-18521 RADIO HOLDER/NYL/SWIVEL/UNI 25,00 126 376601 7316-18766 SILENT KEY HOLDER/NYLON 18,95 125 376611 7317-18772 DOUBLE CUFF CASE/NYLON/VELC 27,95 132 377391 7300-18190 CUFF CASE/NYLON/SNAP 16,04 131 377410 7302-18472 HAS POUCH/NYL/DBL/G-17/SNAP 21.99 130 377446 7307-18204 MACE HOLDER/NYLON/MK4/HID S 15,45 127 377454 7315-18480 PAGER -GLOVE POUCH/NYLON/VEL 19.95 207 378631 8863-1 FLASHLIGHT HOLDER,C-CELL, MY 5,24 *** End of Report *** Page 5 User 62 ME SNGLE PST SCREW BCK/BLU RMN LTAS LT BLU WA ST SEAL W/NVY ENRIM SILVER GLOSSY BLUE LETTERS PEARL GREY OR NORDSTROM GOLD FI. LN SHIRT NAMETAG NORDSTROM GOLD, 5/811, POSITION 2 SPECIFY NUMBER OF STARS STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT ADD DRK NVY MERROW BORDER AT PATCHWORKS STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT STATE CONTRACT This page intentionally left blank. Agenda Item: Consent Calendar – 7L TO: City Council DATE: May 20, 2014 SUBJECT: Valley Special Weapons and Tactics (SWAT) Team Interlocal Agreement and Resolution – Adopt SUMMARY: In 2001, the cities of Auburn, Kent, Renton, Tukwila, and the Port of Seattle entered into an interlocal cooperative agreement that established a multi- jurisdictional team to effectively respond to high risk criminal occurrences. This agreement was then amended in 2003 and again in 2007, to admit the cities of Federal Way and Des Moines into the cooperative effort. In 2010, the jurisdictions began the process of amending the interlocal agreement to remove the City of Des Moines as a formal team member and to officially change the name of the cooperative effort from the Valley Special Response Team (Valley SRT) to the Valley Special Weapons and Tactics Team (Valley SWAT). Recently, the City of Kent realized that the 2010 version of the interlocal agreement had not been fully- executed by all member agencies. The Kent Police Chief is working with the Valley SWAT team to ensure all jurisdictions route this interlocal agreement through their respective governing bodies for approval. Although state law does not require the City of Kent to adopt a resolution authorizing the Mayor to sign the interlocal agreement, Section XXIII of the agreement does provide that the agreement shall be executed by an authorized representative pursuant to an appropriate resolution or ordinance. Therefore, that required resolution accompanies this item. EXHIBITS: Resolution and Interlocal Cooperative Agreement for Valley Special Weapons and Tactics Team RECOMMENDED BY: Public Safety Committee YEA: Berrios - Thomas – Ralph NAY: BUDGET IMPACTS: None. MOTION: Adopt Resolution No. , authorizing the Mayor to sign the Valley Special Weapons and Tactics Team Interlocal Agreement that establishes and maintains a multi-jurisdictional SWAT team to effectively respond to high risk criminal occurrences to ratify all prior acts of SWAT consistent with the Resolution, with final agreement terms and conditions acceptable to the Police Chief and City Attorney. This page intentionally left blank. 1 Valley SWAT Interlocal Agreement (2010) RESOLUTION NO. ______ A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the Mayor to sign the interlocal agreement with the cities of Auburn, Federal Way, Renton, and Tukwila, and the Port of Seattle to establish and maintain a multi- jurisdictional team known as the “Valley Special Weapons and Tactics Team” to effectively respond to high risk criminal occurrences. RECITALS A. In 2001, the cities of Auburn, Kent, Renton, Tukwila, and the Port of Seattle established through an interlocal cooperative agreement a multi-jurisdictional team to effectively respond to high risk criminal occurrences. The original name of this multi-jurisdiction team was the “Valley Special Response Team,” or “Valley SRT.” While the founding member agencies have consistently remained in the cooperative effort, the interlocal agreement was subsequently amended in 2003, and again in 2007, to admit the cities of Federal Way and Des Moines, respectively. The City of Des Moines subsequently decided to withdraw from participation. B. In 2010, the remaining members of the cooperative effort began the process of amending the interlocal agreement to formally remove the City of Des Moines as a team member and to rename the 2 Valley SWAT Interlocal Agreement (2010) cooperative effort as the “Valley Special Weapons and Tactics Team,” or “Valley SWAT.” Recently, the City of Kent discovered that the 2010 version of the interlocal agreement had not been fully executed by all member agencies. While not required by state law, the interlocal agreement does include a provision that requires the governing body to adopt a resolution authorizing the Mayor to sign the interlocal agreement. C. In accordance with the terms of the interlocal agreement, and in order for Kent to continue to participate as a member agency of Valley SWAT, the City Council adopts this resolution authorizing the Mayor to sign the interlocal agreement on behalf of the City of Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Mayor Authorized. The Mayor is authorized by this resolution to execute an interlocal agreement for the City of Kent to join the Valley Special Weapons and Tactics Team as a member agency, which agreement shall be in substantial conformity with the agreement attached and incorporated as Exhibit A, but ultimately subject to final terms and conditions acceptable to the Police Chief and the City Attorney. The Mayor is further authorized to implement any administrative procedures, designate any required staff, and take all other acts necessary to carry out the directives of this legislation and the interlocal agreement. However, this authorization is not intended to allow the Mayor to expend funds, except as required by the agreement and as approved through any required state and local bid and procurement processes. 3 Valley SWAT Interlocal Agreement (2010) SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 5. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this _______ day of May, 2014. CONCURRED in by the Mayor of the City of Kent this ______ day of May, 2014. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK 4 Valley SWAT Interlocal Agreement (2010) APPROVED AS TO FORM: ARTHUR FITZPATRICK, ACTING CITY ATTORNEY 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 ________ day of May, 2014. RONALD MOORE, CITY CLERK P:\Civil\Resolution\Valley SWAT - 2010 Interlocal Agreement.doc NTERLOC COOPERATIVE w s 4 AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF 'SEATTLE, CREATION OF I. PARTIES The parties to this Agreement are the Port of Seattle and the rnunicipalftles of Auburn, Federal Way, Kent,; Renton; and Tukwila; each of which is a municipal corporation operating under the laws of the State of Washington, II, AUTHORITY - This Agreement is entered li�tq pursuant to Chapters 19:93; 39',34, and 53,08 of the Revised Code of Washington, III. PURP05� ' The parties hereto desire to establish and maintain a multi jurisdictional SWAT Team to effectively respond to high r€sk criminal occurrences as described below. IV, FORMATION There is hereby created a mu{ti jurisdictional Team to be. hereafter known as the "Valley Special Weapons and Tactics Team" {"VSWAT"), the members of which shall be the Port of Seattle, and the titles of Auburn, 'Federal Way, Kent, Renton, and. r Tukwila, The SWAT Team has been in existence for some time, and this Agreement is being re-entered into in order to remove the City of Des Moines as a SWAT Team member. The future admission or elimination of a Jurisdiction as a member of the SWAT Team may be accomplished by an addendum to 'this agreement. V. STATE ENT OF•PRUBLEM King County and the 'municipalities within the Puget Sound area have experienced increasing{y violent criminal confrontations due to, among ofiher reasons, increased gang activity; increased drug abuse, distribution, and manufacturing., increased urban€zatlon; and increased population densities. The ability to safely control, contain, and resolve high risk criminal Incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests,' high risk felony arrests, and narcotic or high risk search warrants has strained the resources of the members' • individual police departments, VALCE`f SWAI'TEbh:1Q8-i9-249C �r•,T$,'Z�,t:3 �'FlL i1•;f2EEtv1Eh!'1' Paga i Law enforcement efforts directed at dealing with these high risk criminal incidents have, for the most part, been conducted by law enforcement agencies working Independently. A multi jurlsdictional effort tb handle specific high risk criminal incidents, as well as incidents involving weapons of•mass destruction; results in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development • of specialized expertise, and increased •utilization/application of a combined special response team. This results In improved services for the citizens of all participating jurisdictions, Increased safety for officers and the community, and improved cost effectiveness. a 0 V1; TEAM OBJECTIVES The Individual specialty units from each .participating Jurisdiction will be consolidated, and combined to form the VSWAT Team, The SWAT Team shall service each participating jurisdiction. The VSWAT Team may also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the VSWAT Tearim Is to respond to specific high risk criminal Incidents in a manner that provides for the effective use of personnel, equipment, funds,, and training. The VSWAT Team shall respond as requested by any of the participating jurisdictions and provide a coordinated response,to high -risk Incidents. As special needs arise, It may be necessary to request from other law enforcement agencies assistance and/or personnel, at the discretion of the VSWAT Team Incident Commander and/or the VSWAT Team Tactical Commander, V!!. DURATION AND TERMINATION The minimum term of this Agreement shall be one (�}year, effective upon Its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies. of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement.' A jurisdiction .may withdraw its participation in the VSWAT Team by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of. the remaining jurisdictions..A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. . The VSWAT Team may be terminated by a majority vats of the Executive Board. Any ., vote for termination shall occur only when the police chief of each participating Jurisdiction Is present at the meeting in which such vote Is taken. V!!l. GOVERNANCE The affairs of the Team shall be governed by an .Executive Board ("Board"}, whose members are composed of the police chief,, or hisih•er designee, from each participating Jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions.. All Board decisions shall be made by a majority vote of the Board VALLEY SWAT TEAM 0&19-2010 INTER(.00tiL AGREEMENT Page? members, or their designees, appearing at the meeting• in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be. elected by the Board together with such other officers as a majority of the Board may decide. = The Board shall meet monthEy,. uNess otherwise deterrnine� by the Board. The presiding officer, or any Board member, may call extra meetings as deemed appropriate, The presiding 'officer shall provide no less than forty-eight (48) hours notice of all Mmeetings to all members of. the -Board; PROVIDED, however, that in emergency situations, the presiding officer may'conduct a telephonic meeting or a poll of individual Board members to resolve any Issuds related to such emergency. Theopolicies, regulations, and operational procedures in effect pursuant to the previous Interlocal agreement shall be In effect without action of the Board and until such time as they are subsequently altered by the Board. The VSWAT Team written policies, regulations, and operational procedures shall apply to all VSWAT Team operations. Thus, to the extent that the written policies, regulations,, and operational procedures'of the VSWAT Team conflict with•the policies, regulations, and operational procedures of the individual jurisdictions, the VSWAT Team written policies, regulations, and procedures shall prevail. iX. STAFF A Tactical Commander, .which shall be a command. level officer, shall be appointed annualiy by the Board to act as the principal liaison and facilitator between the Board and the members of the VSWAT Team. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall 'be responsible.for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the VSWAT Team responds to, problems of the VSWAT Team, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. The Tactical Commander shafi prepare monthly written reports to .the Board on the actions, progress, and finances of the VSWAT Team. In addition, the Tactical Commander shafi be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each )urisdictipn' shall contribute six (6) full-time commissioned officers, which shall include at least one (1) Sergeant or other first lave! supervisor, to be assigned to the VSWAT Team. Board approval must be obtained *for the jurisdiction to assign less than this staffing requirement. The personnel assigned to the. VSWAT Team shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensptlon and benefits for the personnel it contributes to the VSWAT Team. All rights, duties, and obligations of the employer and the .employee shall remain with the contributing jurisdiction: Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with VALLEY SVNATTEAM 08-19-2O10 {NTERLOCAL AGREEMENT Page 3 Iev regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations, The Board may appoint the finance department of a participating jurisdiction to manage the finances *of the VSWAT Team. Before appointing the finance department of a particular jurisdiction to manage the filnances' of the VSWAT Team, the Board. shall consult with the finance department of the jurisdiction and obtain its approval, The duty of ,managing the finances' of the VSWAT Team shall be. rotated to other participating, jurisdictions at the discretion of the Board, The Board may,, at its discretion, appoint one (i) or more legal advisors to advise the Board on legal issuesaffecting the VSWAT Team. The legal advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of ail participating jurisdictions before rendering legal advice, X. CON€MAND AND CONTRQL During field act€vatian of the VSWAT Team, an Incident Commander, VSWAT Tearn ,Tactical Commander, and VSWAT Team Team Leader(s) will be designated. The duties and procedures to be* utilized by the Incident Commander, the VSWAT Team Tactical Commander, and the VSWAT Team Team Leader(s) shall be set forth In the standard operating& procedures approved ' by the Board. The standard operating procedures approved by the board may designate other personnel to be utilized during an -incident, r XI.. EQU€PMENT, TRAINING, AND BUDC3ET Each panic€gating jur€sdiction steal€ acquire the equipment of its participating VSWAT Team members, Each partic)pat€ng jurisdiction shall provide suff€cient funds to update, replace, repair, and 'maintain the equipment and supplies utilized by its participating VSWAT Team members, Each participating jurisdiction shall provide suffic€ent funds to provide for training of Its participating VSWAT Team members. The equipment, supplies, and training provided by each jurisdiction to its personnel participat€ng in the VSWAT Team shall, unless otherwise determined by the Board; be equal to those provided by the other participating jurisdictions, Each member Jurisdiction shall maintain an independent budget system to account for funds allocated and expended by €#s participating VSWAT Team members, The Board must approve any joint capital expenditure for VSWAT Team equipment, XII. DISTRIBUTION OF.ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to.its participating VSWAT Team members, VALLEY SWAT TEAM 08A9-2010 INTERLOCAL AGREEMENT. Page 4 regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations, The Board may appoint the finance department of a participating jurisdiction to manage the finances *of the VSWAT Team. Before appointing the finance department of a particular jurisdiction to manage the filnances' of the VSWAT Team, the Board. shall consult with the finance department of the jurisdiction and obtain its approval, The duty of ,managing the finances' of the VSWAT Team shall be. rotated to other participating, jurisdictions at the discretion of the Board, The Board may,, at its discretion, appoint one (i) or more legal advisors to advise the Board on legal issuesaffecting the VSWAT Team. The legal advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of ail participating jurisdictions before rendering legal advice, X. CON€MAND AND CONTRQL During field act€vatian of the VSWAT Team, an Incident Commander, VSWAT Tearn ,Tactical Commander, and VSWAT Team Team Leader(s) will be designated. The duties and procedures to be* utilized by the Incident Commander, the VSWAT Team Tactical Commander, and the VSWAT Team Team Leader(s) shall be set forth In the standard operating& procedures approved ' by the Board. The standard operating procedures approved by the board may designate other personnel to be utilized during an -incident, r XI.. EQU€PMENT, TRAINING, AND BUDC3ET Each panic€gating jur€sdiction steal€ acquire the equipment of its participating VSWAT Team members, Each partic)pat€ng jurisdiction shall provide suff€cient funds to update, replace, repair, and 'maintain the equipment and supplies utilized by its participating VSWAT Team members, Each participating jurisdiction shall provide suffic€ent funds to provide for training of Its participating VSWAT Team members. The equipment, supplies, and training provided by each jurisdiction to its personnel participat€ng in the VSWAT Team shall, unless otherwise determined by the Board; be equal to those provided by the other participating jurisdictions, Each member Jurisdiction shall maintain an independent budget system to account for funds allocated and expended by €#s participating VSWAT Team members, The Board must approve any joint capital expenditure for VSWAT Team equipment, XII. DISTRIBUTION OF.ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to.its participating VSWAT Team members, VALLEY SWAT TEAM 08A9-2010 INTERLOCAL AGREEMENT. Page 4 Any assets acquired with joint funds of the VSWAT Team shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VSWAT Team 'shall be determined by using commonly accepted, methods of valuation:' If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by. arbitration (described below), Any property not claimed. shall be declared surplus by the Board and disposed of pursuant•to•state law for the disposition of surplus property. The proceeds from the sale or disposition of any VSWAT Team property, after payment •of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the VSWAT Team at the time of dissolution in proportion to the jurisdiction's .percentage participation in the VSWAT Team as of the date of dissolution. In the ovent that one* (1) or more jurisdictions terminate their participation. In the VSWAT Team, but the VSWAT Team continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VSWAT Team or to share in the proceeds at 'the time of dissolution. Arbitration pursuant to this section shall occur as follows: A. The jurisdictions .interested in anasset shall select one (1} person (Arbitrator) to determine which agency will receive the property. if the Jurisdictions cannot agree to an, Arbitrator, the chiefs of the jurisdictions participating in the VSWAT Team upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. B. During. a meeting with the Arbifiratar, each jurisdiction Interested In the property shall be permitted to make an oral andlor written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which Jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. Klii. L[ABi>~iTY, HOLD HARMLESS, AND iNDEMN[FICAT[ON It is the intent of the participatinq'Jurisdictions to provide services of the VSWAT,Team without the threat of being subject to liability to one another and to fully cooperate In the defense of any claims or lawsuits arising out of or connected with VSWAT Team actions that are brought against the Jurisdictions. To this end, the participating jurisdictions agree to equally share .responslbiIity and liability for the acts or omissions of their participating personnel when acting in furtherance of this 'Agreement. In the event that an action is. brought against any& of the participating Jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, .regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The Jurisdictions shall share equally regardless of, the number of .Jurisdictions named In.the lawsuit or claim or the number of officers from each VALLEY SWAT TEAM 0819-20610 ' IN7ERlacAL AGREEMENT page 5 - jurisdiction named in the lawsuit .or claim, This section shall be subject to the conditions and. limitations set forth In subsections A through G below, A. Jurisdiction Not Involved in VSWAT Team Response, In the event that a jurisdiction or its personnel were not Involved In the VSWAT Team response to the Incident that gives.,rise to a claim or lawsuit, and judgment on the claim or lawsOlt does not, in any manner, implicate the acts of a particular jurisdiction or Its personnel, such jurisdiction shall not be required, to share responsibility.for the payment of the judgment or award, B. Intentionally, Wrongful Conduct Beyond the Scope of Employment, Nothing herein shall require, or be interpreted to require'indemnification or sharing in the payment of* any judgment against any VSWAT Team personnel for.intentionally wrongful conduct that is butside of the scope of employment of any Individual or for any•judgment of punitive damages against any individual or jurisdiction. Payment of any'award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered, C, Ca(lective Represen#ation and Defense, The jurisdictions may retain joint legal -counsel to coil ectivelyorepresent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense, in the event a jurisdiction does not agree to Jalnt re[it ess"#atioriI the Jurisdiction shall be solely responsible for all aftorneys fees accrued by its individual representation or defense. The jurisdictions and them' respective defense counsel shall make a good faith attempt to cooperate with Other participating Jurisdictions by, including but not limited to, providing all documentation requested, and making VSWAT Team members available for depositions, discovery, settlement conferences, strategy meetings, and trial, D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or emplayee'froIlia lawsuit by summary judgment,. qualified immunity, or otherwise, the jurisdiction shall nonetheless be .required to pay Its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or' employee is 'removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall riot be required to pay any share of the award or settlement, • E. Settlement Process. It is the Intent of this Agreement that the Jurisdictions ' act in good faith an . behalf of Bach Other in conducting settlement negotiations on Rab•llit 0 claims or lawsuits .so that, whenever possible, all parties agree with.the settlement or, in the alternatiye, agree to proceed to "trial. In the event a claim or lawsuit requites the sharing of liability, no VACCEY SWAT TEAiv NA9 20%10 INTERLOCAL AGREEMENT Page 0 Individual jurisdiction shall ' be •authorized to enter Into a • settlement agreement•with a clalmant or plaintiff unless all jurisdictions agree with the terms of the. settlement, Any settlement made -by an individual jurisdiction• without the agreement of ttie remalning jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement'or award. P. Defense Waiver. This section shall not be in#erpreted to waive any defense arising out of RCW Title 51, G. Insurance. The failure of any insurance carrier or self -insured pealing organization to agree to ar follow the terms of this section shall not relieve any Individual jurisdiction from its obligations under this Agreement. XIV. NOTICE OF' CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of VSWAT Team operations, 'the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction, • Ahy jurisdiction or member wl�o believes or Knows that another jurisdiction would be Habib for a claim, settlement, or judgment that arises from a VSWAT Team action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdictlon has a right, pursuant to section XIiI of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV. PROCESSING On CLAIMS. A.' Designation of Lead Jurisdiction. There shall be a lead jurisdiction far processing a claim that Is flied with and against cities for alleged damage's and injuries that occur as a result of VSWAT Team activities. The lead jurisdiction shall be the jurisdiction within which the VSWAT Team response occurred,* PROVIDED, that It the event the jurisdiction within which the VSWAT Team response occurred did not participate 'in the VSWAT •Team response, the. lead jurisdiction shall be the jurisdiction within which the Incldent.that required the VSWAT Team response originated. In the event that a jurisdiction that was not Involved in the VSWAT Team response receives the claim, that jurisdiction shall notify the. other. jurisdictions- In accordance with Section XiVWof this Agreement, and shall use Its best efforts to determine who is the appropriate Iead jurisdiction. ' NALLEI' SWA`i' TEAM 08- 19-20 10 iplTERE.00Ai. AGREEMENT EL Assistance of Tactical Commander, The VSWAT Team Tactical Commander shall assist the lead jurisdiction• Ip responding to a claim. The VSWAT Team Tactical Commander shall . be responsible for gathering all records relating to the VSWAT Team response. These records shall Include, but are not limited to; incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from, all jurisdictions that participated in the VSWAT Team response. The Tactical Commander shall also, provide a list of personnel who participated In the response and their contact information. The Tactical Commander shall deliver all copies of• the records to the lead jurisdiction promptly upon request. .. C. . Ciaims of �S,oQo or�Less, Lead Jurisdiction Responsibilities. . The lead jurisdiction shall be responsible far working with the Tactical Commander to gather records relating to the VSWAT Tearn response, The lead jurisdiction shall provide records tto Its insurance provider &and shall assist its insurance provider in assessing liability for* acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and Its insurance provider shall, a-t4 a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. (i. Liability, Determination --, Apportionment of Damages. . The lead jurisdiction, Wth the assistance of its insurance provider and risk manager, shall determine whether the VSWAT Team Is liable for damages set forth Ina claim, and whether the payment of the claim would be In the best interest of the jurisdictions and/or the VSWAT Team. In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdiction's and payment shall be apportioned equally among all jurisdictions that participated, in the VSWAT. Team response, The insurance provider for, the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of sucpayment, . Prior to. the payment of any claim, and as a condition of such .payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating In the VSWAT Team and each and every officer, agent,, or volunteer of those participating jurisdictions. VALLEY SWAT TEAM 08-19-2b 10 � tffTEfiLOGAL AGREEtvtEtVT Page S in the event the lead jurisdiction determines thaf the VSWAT Team is not liable for damages set forth in a claim or that' the payment of the claim .would not be In the best Interest of the 'jurisdictions and/or the VSWAT Team, the lead jurisdiction shali notify the other jurisdictions of the determination, and such determination shall be 1:Inding on the other jurisdictions; PROVIDED, that another jurisdiction that determines that payment Is appropriate may pay such' claim In full, and shall not seek reimbursement from the other participating jurisdictions. ilIt Letter From Insurance Adjusters. In the event a lead jurisdiction, In conjunction with its insurance provider, determines that payment of a claim is appropriate, the Insurance provider '• shall provide each of the participating jurisdictions with a letter stating the determination and the bases for such determination, D. C[afms over $5,D00. i. Lead Jurisdiction Responsibilities, The lead jurisdiction& shall schedule a meeting with all jurisdictions participating in the VSWAT .Team to discuss the claim and to determine the appropriate manner in which • to respond and/or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. (VI. PROCESSING OF LAWSUITS, A. .Notification to Other Jurlsdic#ions. In the event a jurtsdictiati is served with a lawsuit, that jurlsdlct(on shall provide notice and documentation of the lawsuit to each of the other jurisdictions In accordance with Section XiV of this Agreement. B. Cciordination of Initial Meeting. The jurisdiction that Initiall%y recelves a lawsuit shall schedule a meeting with all of the jurisdictions participating in the VSWAT Team to discuss the lawsuit and to determine :the appropriate manner within which to respond and/or defend the lawsuit, The Board and persons listed in Section XVil of this Agreement shall be notified of the meeting. XV119 NOTIFICATION OF CLAIMS AND LAWSUITS, Section XIV of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify tITe other jurisdictions of the claim or lawsuit and provide documentation of that•clalm or lawsuit to the other jurisdictions, Nothing in this Agreement shall be deemed a waiver by any particlpati•ng jurisdiction of the VALLEY SWAT TEAM 0&*19-20 10 INTERLOCAL AGREEMENT page 9 requirements set forth in Chapter 4.96 RCW, and the fact'that a participating jurisdiction provides hotice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file• a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a laivsult to another jurisdiction shall not ba.,deemed adequate service 'of such 'lawsuit in accordance with the State or Federal Rules of Civil Procedure or the 'Revised Code of Washington, i=or the purposes of implementing Sectian XIV pf this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation; ubdrn; 'Kent: Auburn City Attorney 25 West Main Street Kent City Attorney Auburn, WA 98001 220 4th Avenue South (253) 931�3030 Kent, WA 98032 (253) 85&5781 Auburn Police Chief Kent Risk Manager 340' Fast Main Street„Suite 201 220 4`h Avenue South Auburn, WA 98002 Kent, WA 98032 (253) 931••3080 (253) 86M285 Auburn Human Resources ' Kent City Clerk Director/Risk Manager 220 4th Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5728 (253) 931-3040 Auburn City Clerk Kent Police Chief 25 West Main Street 220 eth Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3039 (253) 856-5888 ' Port of Seattle: Federal Wa • Port of Seattle Claims Manager Federal Way City Clerk• PA, Box 68727 ' 33325 — 8th Avenue South Seattle, WA 98168 Federal•Way, WA 98003 Tukwila: Federal Way City Attorney 33325 - 81h Avenue South City Clerk Federal Way, WA •98003 vAl.I.EY 5V4`AT TEAM 08-18.2010 ' 1NTERL'JCA� AGREEMENT . Page 1 R City of Tukwila 6200 Southcenter Blvd. " Tukwila, WA 098188 WCIA Renton' Claims Manager Renton Risk Manager WCIA 1055 So. Grady Way P.O. Box 1165 Renton, WA 98057 Renton, WA 98057 CLAW: Director of Claims Canfield & Associates, Inc. 451 Dlamand Drive Ephrata, WA 9,8823 XVIiI. COMPLiANGE INiTM THE LAW The VSWAT Team and a[i its members sha11 comply with all federal, state, and local laws that apply to the VSWAT Team, '\ XiX. AL.TI�RATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdCcti.ons and such alteration, amendment, or modification shall be effective when reduced .to writing and executed in a manner consistent with paragraph XXIII of this Agreement. XX. RECORbS . Each Jurisdiction shall maintain training records related to the VSWAT Team far a minimum of seven (7) years, A copy of these records will be forwarded and maintained with the designated VSWAT Team Training Coordinator, All records shall be available for full Inspection and copying by each participating jurisdiction, XXI. FLING Upon execution hereof, #his Agreement shall be flied with the city clerics of the respective participating municipalities, and such other gavernrnental'agencies as may be required by law. XXI1.: SEVERAE IL.ITY VALLEY SYVAi TEAPA OB-t�J-20•l0 fNTERL+JCALk+3FtEE(v1Ef3r Page 11 . If any part, paragraph, section, or provision of this Agreern6nt.is held to be invalid by any court of competent jurisdiction, such adjudicatloh shall not affect the validity of any remaining section, part, or provision of this Agreement, XXlli. fZATfaNS This Agreement shall be executed on behalf of each part %icipating jurisdiction by Its duly authorized representative and pursuant to an appropriate resolution or ordlnance of the governing body of each participating jurisdiction, This Agreement shall 10.be" deemed effective upon.the-last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as If each authorized representative had signed the original document, E3y signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement,' Mayor, City of Auburn City Clerk, Clty of Auburn Mayor, Clty of Renton City Clerk, Clty of Renton Mayor, 'City of Tukwila CI#y Clerk, City of Tukwila Mayor, City of Kent CI#y Clerk, City of City Manager, Date .City Attorney, Gl#y of Auburn Date City Attorney, City of Renton ' Date Date Date Date Date of Federal Way VALLEY SWAT TEAM ot3-19-2010 ' INTERLOCAL A�REEhAENT City Attorney, Clty.of Tukwila City At#orney, Clty of Kent Date Date Date Clty Clerk, City of Fe eral JWa Date Chief Executive officer, Port of Seattle 'Date Port Counsel; Port of Seattle. Date VALLEY SWAT TEAM 08-9 9-20 t 0 INTERLOI:%tAL AGREBAENT Page I.; This page intentionally left blank. A Agenda Item: Consent Calendar – 7M TO: City Council DATE: May 20, 2014 SUBJECT: Recreation and Conservation Office Grant Application Resolutions – Adopt SUMMARY: Each year staff pursues funding for park development and/or acquisition of property through the Recreation and Conservation Office (RCO). Staff is requesting authorization to submit four applications that, if awarded, would help to fund three projects that have been identified as top priority projects. The projects include: 1. Russell Road Athletic Field Conversion - Washington Wildlife and Recreation Program (WWRP) – Local Parks 2. Lake Meridian Dock Redevelopment - Land and Water Conservation Fund (LWCF) 3. Lake Meridian Dock Replacement - Washington Wildlife and Recreation Program (WWRP) – Water Access 4. Van Doren’s Landing Park Expansion - Washington Wildlife and Recreation Program (WWRP) – Local Parks EXHIBITS: Resolutions RECOMMENDED BY: Parks and Human Service Committee YEA: N/A NAY: N/A BUDGET IMPACTS: MOTION: Adopt Resolution Nos. ______. ______, ______, and ______ authorizing the submittal of grant applications to the Recreation and Conservation Office to assist in funding three top-priority projects. This page intentionally left blank. 1 Recreation & Conservation Office Russell Road Athletic Field Conversion RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Kent, Washington, that authorizes submitting an application for grant funding assistance for Washington Wildlife and Recreation Program project(s) to the Recreation and Conservation Office as provided in Chapter 79A.15 RCW, Acquisition of habitat conservation and outdoor recreation lands, Chapter 286 WAC and subsequent legislative action. RECITALS A. Whereas, the City of Kent (“City”) has approved a comprehensive parks and recreation plan or habitat conservation plan that includes this Project. B. Whereas, under the provisions of the Washington Wildlife and Recreation Program (“WWRP”), state grant assistance is requested to aid in financing the cost of Russell Road Athletic Field Conversion (“Project”). C. Whereas, the City considers it in the best public interest to complete the Project described in the application. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 Recreation & Conservation Office Russell Road Athletic Field Conversion RESOLUTION SECTION 1. – Application – The City’s Parks Director is authorized to make formal application the Recreation and Conservation Office for grant assistance. SECTION 2. – Use of Funds. Any grant assistance received will be used for direct costs associated with implementation of the Project referenced above. SECTION 3. – City Funds – The City hereby certifies that its matching share of project funding will be derived from city funds and that the City is responsible for supporting all non-cash commitments to this Project should they not materialize. SECTION 4. – Non-Cash Commitments. The City acknowledges that the grant assistance, if approved, will be paid on a reimbursement basis, meaning the City will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to the City’s vendors, and that the Recreation and Conservation Office will hold retainage until the Project is deemed complete. SECTION 5. – Maintenance and Availability. The City acknowledges that any facility developed through grant assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public at reasonable hours and times of the year according to the type of area or facility unless other restrictions have been agreed to by the Recreation and Conservation Office Director or the Recreation and Conservation Funding Board. 3 Recreation & Conservation Office Russell Road Athletic Field Conversion SECTION 6. – Use Retained in Perpetuity. The City acknowledges that any facility developed with grant assistance from the Recreation and Conservation Funding Board must be dedicated for public outdoor recreation purposes, and be retained and maintained for such use for perpetuity unless otherwise provided and agreed to by the City and the Recreation and Conservation Funding Board. SECTION 7. – Resolution – Part of Application. This resolution becomes part of a formal application to the Recreation and Conservation Office for grant assistance. SECTION 8. – Public Comment. The City provided appropriate opportunity for public comment on this application. SECTION 9. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this _______ day of , 2014. CONCURRED in by the Mayor of the City of Kent this ______ day of , 2014. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 4 Recreation & Conservation Office Russell Road Athletic Field Conversion APPROVED AS TO FORM: ARTHUR FITZPATRICK, ACTING CITY ATTORNEY 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 _______ day of , 2014. RONALD F. MOORE, CITY CLERK P:\Civil\Resolution\RCO-Russell Road Athletic Field Conversion.docx 1 Recreation & Conservation Office Lake Meridian Dock Redevelopment RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Kent, Washington, that authorizes submitting an application for grant funding assistance for Land and Water Conservation Fund project(s) to the Recreation and Conservation Office as provided in Section 4601-4 of Title 16, USC, as amended; Chapter 286 WAC and subsequent legislative action. RECITALS A. Whereas, the City of Kent (“City”) has approved a comprehensive parks and recreation plan that includes this project. B. Under the provisions of the Land and Water Conservation Fund (“LWCF”) program, state grant assistance is requested to aid in financing the cost of facility development. C. The City considers it in the best public interest to complete the Project described in the application. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 Recreation & Conservation Office Lake Meridian Dock Redevelopment RESOLUTION SECTION 1. – Application – The City’s Parks Director is authorized to make formal application the Recreation and Conservation Office for grant assistance. SECTION 2. – Use of Funds. Any grant assistance received will be used for direct costs associated with implementation of the Project referenced above. SECTION 3. – City Funds – The City hereby certifies that its matching share of project funding will be derived from city funds and that the City is responsible for supporting all non-cash commitments to this Project should they not materialize. SECTION 4. – Non-Cash Commitments. The City acknowledges that the grant assistance, if approved, will be paid on a reimbursement basis, meaning the City will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to the City’s vendors, and that the Recreation and Conservation Office will hold retainage until the Project is deemed complete. SECTION 5. – Maintenance and Availability. The City acknowledges that any facility developed through grant assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public at reasonable hours and times of the year according to the type of area or facility unless other restrictions have been agreed to by the Recreation and Conservation Office Director or the Recreation and Conservation Funding Board and the National Park Service. 3 Recreation & Conservation Office Lake Meridian Dock Redevelopment SECTION 6. – Use Retained in Perpetuity. The City acknowledges that any facility developed with grant assistance from the Recreation and Conservation Funding Board must be dedicated for public purposes and be retained and maintained for such use for perpetuity unless otherwise provided and agreed to by the City and the Recreation and Conservation Funding Board and the National Park Service. SECTION 7. – Resolution – Part of Application. This resolution becomes part of a formal application to the Recreation and Conservation Office for grant assistance. SECTION 8. – Compliance. The City has ready both the federal guidelines and state policies for the LWCF program and agree to abide by those guidelines and policies, and as LWCF grants are federal funds, the City must comply with all applicable federal laws. SECTION 9. – Resolution – Part of Application. This resolution becomes part of the formal application to the Recreation and Conservation Office for grant assistance. SECTION 10. – Public Comment. The City provided appropriate opportunity for public comment on this application. SECTION 11. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this _______ day of , 2014. CONCURRED in by the Mayor of the City of Kent this ______ day of , 2014. 4 Recreation & Conservation Office Lake Meridian Dock Redevelopment SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR FITZPATRICK, ACTING CITY ATTORNEY 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 _______ day of , 2014. RONALD F. MOORE, CITY CLERK P:\Civil\Resolution\RCO-Lake Meridian Dock Redevelopment lwcf.docx 1 Recreation & Conservation Office Lake Meridian Dock Replacement RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Kent, Washington, that authorizes submitting an application for grant funding assistance for Washington Wildlife and Recreation Program project(s) to the Recreation and Conservation Office as provided in Chapter 79A.15 RCW, Chapter 286 WAC and subsequent legislative action. RECITALS A. Whereas, the City of Kent (“City”) has approved a comprehensive parks and recreation plan or habitat conservation plan that includes this Project. B. Whereas, under the provisions of the Washington Wildlife and Recreation Program (“WWRP”), state grant assistance is requested to aid in financing the cost of Lake Meridian Dock Replacement (“Project”). C. Whereas, the City considers it in the best public interest to complete the Project described in the application. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 Recreation & Conservation Office Lake Meridian Dock Replacement RESOLUTION SECTION 1. – Application – The City’s Parks Director is authorized to make formal application the Recreation and Conservation Office for grant assistance. SECTION 2. – Use of Funds. Any grant assistance received will be used for direct costs associated with implementation of the Project referenced above. SECTION 3. – City Funds – The City hereby certifies that its matching share of project funding will be derived from city funds and that the City is responsible for supporting all non-cash commitments to this Project should they not materialize. SECTION 4. – Non-Cash Commitments. The City acknowledges that the grant assistance, if approved, will be paid on a reimbursement basis, meaning the City will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to the City’s vendors, and that the Recreation and Conservation Office will hold retainage until the Project is deemed complete. SECTION 5. – Maintenance and Availability. The City acknowledges that any facility developed through grant assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public at reasonable hours and times of the year according to the type of area or facility unless other restrictions have been agreed to by the Recreation and Conservation Office Director or the Recreation and Conservation Funding Board. 3 Recreation & Conservation Office Lake Meridian Dock Replacement SECTION 6. – Use Retained in Perpetuity. The City acknowledges that any facility developed with grant assistance from the Recreation and Conservation Funding Board must be dedicated for public outdoor recreation purposes, and be retained and maintained for such use for perpetuity unless otherwise provided and agreed to by the City and the Recreation and Conservation Funding Board. SECTION 7. – Resolution – Part of Application. This resolution becomes part of a formal application to the Recreation and Conservation Office for grant assistance. SECTION 8. – Public Comment. The City provided appropriate opportunity for public comment on this application. SECTION 9. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this _______ day of , 2014. CONCURRED in by the Mayor of the City of Kent this ______ day of , 2014. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 4 Recreation & Conservation Office Lake Meridian Dock Replacement APPROVED AS TO FORM: ARTHUR FITZPATRICK, ACTING CITY ATTORNEY 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 _______ day of , 2014. RONALD F. MOORE, CITY CLERK P:\Civil\Resolution\RCO-Lake Meridian Dock Replacement.docx 1 Recreation & Conservation Office Van Doren’s Landing Park Expansion RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Kent, Washington, that authorizes submitting an application for grant funding assistance for Washington Wildlife and Recreation Program project(s) to the Recreation and Conservation Office as provided in Chapter 79A.15 RCW, Acquisition of habitat conservation and outdoor recreation lands, Chapter 286 WAC and subsequent legislative action. RECITALS A. Whereas, the City of Kent (“City”) has approved a comprehensive parks and recreation plan or habitat conservation plan that includes this project. B. Whereas, under the provisions of the Washington Wildlife and Recreation Program (“WWRP”), state grant assistance is requested to aid in financing the cost of Van Doren’s Landing Park Expansion (“Project”). C. Whereas, the City considers it in the best public interest to complete the Project described in the application. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 Recreation & Conservation Office Van Doren’s Landing Park Expansion RESOLUTION SECTION 1. – Application – The City’s Parks Director is authorized to make formal application the Recreation and Conservation Office for grant assistance. SECTION 2. – Use of Funds. Any grant assistance received will be used for direct costs associated with implementation of the Project referenced above. SECTION 3. – City Funds – The City hereby certifies that its matching share of project funding will be derived from city funds and that the City is responsible for supporting all non-cash commitments to this Project should they not materialize. SECTION 4. – Non-Cash Commitments. The City acknowledges that the grant assistance, if approved, will be paid on a reimbursement basis, meaning the City will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to the City’s vendors, and that the Recreation and Conservation Office will hold retainage until the Project is deemed complete. SECTION 5. – Maintenance and Availability. The City acknowledges that any property acquired and/or any facility developed through grant assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public at reasonable hours and times of the year according to the type of area or facility unless other restrictions have been agreed to by the Recreation and 3 Recreation & Conservation Office Van Doren’s Landing Park Expansion Conservation Office Director or the Recreation and Conservation Funding Board. SECTION 6. – Use Retained in Perpetuity. The City acknowledges that any property acquired and/or any facility developed with grant assistance from the Recreation and Conservation Funding Board must be dedicated for public outdoor recreation purposes, and be retained and maintained for such use for perpetuity unless otherwise provided and agreed to by the City and the Recreation and Conservation Funding Board. SECTION 7. – Five Year Development. The City acknowledges that any property acquired using Recreation and Conservation Funding Board assistance must be developed within five years of the acquisition closing. SECTION 8. – Resolution – Part of Application. This resolution becomes part of a formal application to the Recreation and Conservation Office for grant assistance. SECTION 9. – Public Comment. The City provided appropriate opportunity for public comment on this application. SECTION 10. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this _______ day of , 2014. CONCURRED in by the Mayor of the City of Kent this ______ day of , 2014. SUZETTE COOKE, MAYOR 4 Recreation & Conservation Office Van Doren’s Landing Park Expansion ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR FITZPATRICK, ACTING CITY ATTORNEY 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 _______ day of , 2014. RONALD F. MOORE, CITY CLERK P:\Civil\Resolution\RCO-Van Doren's Landing Park Expansion.docx A Agenda Item: Consent Calendar – 7N TO: City Council DATE: May 20, 2014 SUBJECT: Fee-in-lieu Funds - Accept SUMMARY: Between January and March 2014, the city of Kent received a total of $16,875.95 from developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in one subdivision. • $12,000.00 from High Country Malik Ridge LLC of Malik Ridge Plat for Springwood Park • $4,875.95 from JD 45 LLC of Villa Siena Short Plat for Clark Lake Ordinance No. 2975 requires developers to dedicate park and open space land in proximity to new construction sites or to pay “fee-in-lieu” funds. The fee is based on assessed land values. EXHIBITS: Copy of Finance Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: N/A NAY: N/A BUDGET IMPACTS: Increase revenues and expenditures by $16,875.95 for Clark Lake and Springwood Park through the Community Parks Reinvestment budget in Parks Planning Capital. MOTION: Authorize the Mayor to accept $16,875.95 for first quarter 2014 fee-in-lieu funds and authorize the amendment to the community parks reinvestment budget for future expenditures of funds in project budgets. This page intentionally left blank. o Ul N No D rai + 0 rn z �. q A 0 o A O J A U 1 C or A fG N N O R .-a A d N ci C. C� � > W N n O W Gf O W ran j a cy) N O C (VJI p of O ran tD o O N a r a y a N o V C O O � J cn C � v � 7 O m C o 0 o c 'a' a CL a A a G O O 0 G N 0 O 3 m -o d J O J m 'DOln I� N N This page intentionally left blank. A Agenda Item: Consent Calendar – 7O TO: City Council DATE: May 20, 2014 SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2014 and March 31, 2014 - Adopt SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $7,286,726 for budget adjustments made between January 1, 2014 and March 31, 2014. An overall increase of $7,312,726 was previously approved by Council, including a $5,000,000 TIB Grant for South 224th Street Improvements, $800,000 for Wilson Playfield and a Federal Grant for Central Avenue South improvements totaling $300,000. An additional $290,000 represents unspent amounts carried over from the 2013 operating budget for Fleet equipment, HR professional services, ECD strategic plan implementation and DSAP implementation. The remaining amount not yet approved by Council is an overall decrease of $26,000 to correct the fuel budget in the Golf Complex Fund. EXHIBITS: Ordinance, including Exhibit A. RECOMMENDED BY: Operations Committee YEA: Ralph – Thomas - Boyce NAY: N/A BUDGET IMPACTS: MOTION: Adopt Ordinance No. ________, approving the consolidating budget adjustments made between January 1, 2014 and March 31, 2014, reflecting an overall budget increase of $7,286,726. This page intentionally left blank. Kent Council Operations Committee Consolidating Budget Adjustment FINANCE Paula Barry, Interim Director Phone: 253-856-5265 Fax: 253-856-6255 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 6, 2014 TO: Kent City Council Operations Committee FROM: Paula Barry, Interim Finance Director THROUGH: Tom Brubaker, Interim Chief Administrative Officer SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments Between January 1, 2014 and March 31, 2014 MOTION: I move to recommend Council approve the consolidating budget adjustment ordinance for adjustments made between January 1, 2014 and March 31, 2014 reflecting an overall budget increase of 7,286,726. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $7,286,726 for budget adjustments made between January 1, 2014 and March 31, 2014. An overall increase of $7,312,726 was previously approved by Council, including a $5,000,000 TIB Grant for South 224th Street Improvements, $800,000 for Wilson Playfield and a Federal Grant for Central Avenue South improvements totaling $300,000. An additional $290,000 represents unspent amounts carried over from the 2013 operating budget for Fleet equipment, HR professional services, ECD strategic plan implementation and DSAP implementation. The remaining amount not yet approved by Council is an overall decrease of $26,000 to correct the fuel budget in the Golf Complex Fund. BUDGET IMPACT: BACKGROUND: This page intentionally left blank. 1 2014 Budget Adjustment First Quarter - 2014 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between January 1, 2014 and March 31, 2014 reflecting an overall budget increase of $7,286,726. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2014 budget is amended to include budget fund adjustments for the first quarter of 2014 from January 1, 2014 through March 31, 2014, as summarized and set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Except as amended by this Ordinance, all terms & provisions of the 2013-2014 biennial budget Ordinance No. 4067, as amended by Ordinance Nos. 4099 and 4110 shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. 2 2014 Budget Adjustment First Quarter - 2014 SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of , 2014. APPROVED: day of , 2014. PUBLISHED: day of , 2014. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\Budget Adjustment First Quarter 2014.docx City of Kent Budget Adjustment Ordinance Adjustments January 1, 2014 to March 31, 2014 Exhibit A Fund Title Previously Approved Approval Requested Total Adjustment Ordinance 001 General Fund 120,000 120,000 150 Capital Improvement Fund 800,000 800,000 160 Criminal Justice Fund 74,983 74,983 310 Street Capital Projects Fund 5,347,743 5,347,743 320 Parks Capital Projects Fund 800,000 800,000 480 Golf Operating Fund (26,000) (26,000) 510 Fleet Services Fund 170,000 170,000 Subtotal 7,312,726 (26,000) 7,286,726 Less: Internal Services Funds - - - Other Transfers Subtotal - - - Total Net Budget Change 7,312,726 (26,000) 7,286,726 Fund Approval Date or Previous Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance 001 - General Fund Carryover HR Professional Services 2013 50,000 50,000 Carryover DSAP Implementation 2013 50,000 50,000 Carryover Econ Dev Strat Plan Impl 2013 20,000 20,000 Total General Fund 120,000 120,000 150 - Capital Improvement Fund Allocate Funds for Wilson 20131210 800,000 800,000 Total Capital Improvement Fund 800,000 - 800,000 160 - Criminal Justice Fund WATPA Ptrl Task Force 13-15 20140121 74,983 74,983 Total Criminal Justice Fund 74,983 - 74,983 310 - Street Capital Projects Central Ave S Improv FedGrt 20140121 300,000 300,000 TIB Grant-S 224th St Imp 20140121 5,000,000 5,000,000 SEPA Ordinance #2494 SEPA2494 47,743 47,743 Total Steet Capital Projects 5,347,743 - 5,347,743 320 - Parks Capital Projects Allocate Funds for Wilson 20131210 800,000 800,000 Total Parks Capital Projects 800,000 - 800,000 480 - Golf Operating Fund Adjust Fuel Charge to Golf (26,000) (26,000) Total Golf Operating Fund - (26,000) (26,000) 510 - Fleet Services Fund Carryover Equipment Budget 2013 170,000 170,000 Total Fleet Services Fund 170,000 - 170,000 Grand Total All Funds 7,312,726 (26,000) 7,286,726 Budget Adjustment Detail for Budget Changes January 1, 2014 to March 31, 2014 This page intentionally left blank. Agenda Item: Consent Calendar – 7P TO: City Council DATE: May 20, 2014 SUBJECT: Countywide Planning Policies, Resolution - Adopt SUMMARY: The Countywide Planning Policies (CPPs) provide a framework for Kent to conduct planning under the requirements of the State Growth Management Act, ensuring that city and county comprehensive plans are consistent. On March 31, 2014 the Metropolitan King County Council approved and ratified an amendment of the urban Growth Area map in the King County Countywide Planning Policies to add the Central Issaquah Urban Core as an Urban Center. The amendment becomes effective when ratified by ordinance or resolution of at least 30 percent of the city and county governments representing 70 percent of the population of King County. EXHIBITS: 1) Resolution 2) ECDC Staff Memo dated 5/8/14 3) King County letter dated 4/11/14 4) King County Signature Report for Ordinance 17783 dated 4/1/14 5) GMPC Motion No. 13-1 with map 6) GMPC Agenda Item IV with map 7) King County staff report dated 3/18/14 RECOMMENDED BY: Economic & Community Development Committee YEA: Boyce – Higgins - Berrios NAY: N/A BUDGET IMPACTS: This project was funded through a combination of a state grant, City drainage funds and a request to the King County Flood Control Zone District. The state grant reimbursed the City roughly $3-million. The remaining funding came from City drainage fund monies. MOTION: Adopt Resolution No. _____ ratifying an amendment to the Urban Growth Area map in the 2012 King County Countywide Planning Policies (CPPs) to add the Central Issaquah Urban Core as an Urban Center as approved under Growth Management Planning Council (GMPC) Motion No. 13-1. This page intentionally left blank. EXHIBIT 1 RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, ratifying the King County Countywide Planning Policies adopted by the Metropolitan King County Council and pursuant to the Growth Management Act. RECITALS A. The adoption of countywide planning policies is required under the State Growth Management Act (GMA), pursuant to RCW 36.70A.210. The Countywide Planning Policies (CPPs) provide a framework for Kent and other cities in King County to conduct planning under the requirements of GMA. This framework ensures that city and county comprehensive plans are consistent. B. On March 31, 2014, the Metropolitan King County Council approved and ratified an amendment to the CPPs approved by Growth Management Planning Council (GMPC) Motion No. 13-1 as follows: 1. GMPC Motion No. 13-1: Approves the 2012 King County Countywide Planning Policies to add the Central Issaquah Urban Core as an Urban Center. Now the amendment is presented to jurisdictions in King County for Ratification. Countywide Planning Resolution C. The King County Council approved and ratified these amendments on behalf of King County pursuant to King County Ordinance No. 17783. The Kent Economic & Community Development Committee reviewed these amendments at its meeting on May 12, 2014. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Amendment. The City of Kent, acting pursuant to the interlocal agreement among King County, the City of Seattle, and incorporated suburban cities, hereby ratifies the proposed amendments to the Countywide Planning Policies as adopted by the Metropolitan King County Council in King County Ordinance No. 17783, attached and incorporated hereto as Exhibit A. SECTION 2. – Public Inspection. The amendments to the Countywide Planning Policies adopted herein shall be filed with the City Clerk and placed in the planning services office so they are available for inspection by the public. SECTION 3. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Countywide Planning Resolution SECTION 5. – Effective Date. This resolution shall take effect immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of ____________, 2014. CONCURRED in by the Mayor of the City of Kent this ______ day of __________________, 2014. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: PAT FITZPATRICK, ACTING CITY ATTORNEY P:\Civil\Resolution\Countywideplanningpoliciesratify 2014.Docx Countywide Planning Resolution This page intentionally left blank. ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 May 8, 2014 TO: Chair Bill Boyce and Economic & Community Development Committee Members FROM: Charlene Anderson, AICP, Planning Manager RE: Countywide Planning Policies King County Council Ordinance No. 17783 For the Meeting of May 12, 2014 SUMMARY: The adoption of countywide planning policies is required under the State Growth Management Act (GMA), pursuant to RCW 36.70A.210. The Countywide Planning Policies (CPPs) provide a framework for Kent and other cities in King County to conduct planning under the requirements of GMA. This framework ensures that city and county comprehensive plans are consistent. On March 31, 2014, the Metropolitan King County Council approved and ratified an amendment of the urban Growth Area map in the King County Countywide Planning Policies to add the Central Issaquah Urban Core as an Urban Center. Now, the amendment is presented to jurisdictions in King County for ratification. BUDGET IMPACT: None BACKGROUND: The City of Kent ratified the original CPPs on September 15, 1992, with Resolution No. 1326, ratified Phase II amendments to the CPPs on November 16, 1994, and ratified a comprehensive update of the CPPs on February 19, 2013. Over the years, the City has ratified other proposed amendments. Through the Growth Management Planning Council (GMPC), jurisdictions within King County work together to plan for economic and population growth in King County, including consideration of CPPs. The Countywide Planning Policies become effective when ratified by ordinance or resolution of at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the established Interlocal Agreement. A city will be deemed to have ratified the amendments to the CPPs unless the city takes legislative action to disapprove the amendments within 90 days of adoption by King County, which in this case is July 11, 2014. T MOTION: I move to recommend/not recommend to the full Council ratification of an amendment to the Urban Growth Area map in the 2012 King County Countywide Planning Policies (CPPs) to add the Central Issaquah Urban Core as an Urban Center as approved under Growth Management Planning Council (GMPC) Motion No. 13-1. EXHIBIT 2 The following GMPC motion to amend the CPPs was approved and ratified by the Metropolitan King County Council on March 31, 2014. GMPC Motion No. 13-1: Amends the Urban Growth Area map in the 2012 King County Countywide Planning Policies to add the Central Issaquah Urban Core as an Urban Center. Staff will be available at the May 12th meeting to discuss the amendment. CA\pm:S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2014\Countywide_Planning_Policies\CPP_Update_ECDC_5-12-14.doc Enc: Att A: King County letter dated 4/11/14,Att B: King County Signature Report for Ordinance 17783, Att C: GMPC Motion No. 13-1 with map, Att D: King County staff report dated 3/18/14, Att E: GMPC Agenda Item IV with map, Att F: Ordinance cc: Ben Wolters, Economic & Community Development Director Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Planning Manager Project File “Misc.” Kent City Council Economic & Community Development Committee – February 11, 2013 Countywide Planning Policies - Page 2 a King County April 11, 2014 The Honorable Suzette Cooke City of Kent 220-4th Avenue South Kent, WA 98032-5895 Dear Mayor Cooke: pm'CEI e ED APR 14 2014 -) F I« f .P� IC RLtiID COMMUNITY DEVELOPMENi We are pleased to forward for your consideration and ratification the enclosed amendment to the King County Countywide Planning Policies (CPP). On March 31, 2014, the Metropolitan King County Council approved and ratified the amendment on behalf of unincorporated King County. The ordinance will become effective April 12, 2014. Copies of the King County Council staff report, ordinance and Growth Management Planning Council motion are enclosed to assist you in your review of this amendment. In accordance with the Countywide Planning Policies, FW-1, Step 9, amendments become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the interlocal agreement. A city will be deemed to have ratified the CPP and amendments unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. Please note that the 90-day deadline for this amendment is July 11, 2014. If you adopt any legislation concerning this action, please send a copy of the legislation by the close of business, Friday, July 11, 2014, to Anne Noris, Clerk of the Council, Room 1200, King County Courthouse, 516 Third Avenue, Seattle, WA 98104. If you have any questions about the amendments or ratification process, please contact Karen Wolf, Senior Strategy and Performance Analyst, King County Executive's Office, at 206 263-9649, or Rick Bautista, Metropolitan King County Council Staff, at 206 477-0872. Thank you for your prompt attention to this matter. Sincerely, Larry Phillips, Chair Metropolitan King County Council Enclosures cc: -King County City Planning Directors Sound Cities Association Dow Constantine King County Executive John Starbard, Director, Department o f Permitting and Environmental Review (DPER) Karen Wolf, Senior Strategy and Performance Analyst Rick Bautista, Council Staff, Transportation, Environment and Economy Committee (TREE) a' WIN KingCQunty KING COUNTY Signature Report April 1, 2014 Ordinance 17783 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 Proposed No. 2014-0072.1 Sponsors Dembowski 1 AN ORDINANCE adopting Growth Management Planning Council 2 Motion 13-1 and ratifying Motion 13-1 for unincorporated King 3 County. 4 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 5 SECTION 1. Findings: 6 A. King County Countywide Planning Policy DP-31 allows for designation of new Urban 7 Centers. 8 B. The city of Issaquah has demonstrated that the Central Issaquah Urban Core meets the criteria 9 listed in Policy DP-3, 10 C. On May 29, 2013, the city of Issaquah briefed the Growth Management Planning Council on 11 the proposal to designate the Central Issaquah Urban Core as an Urban Center, 12 D. On September 25, 2013, the Growth Management Planning Council adopted Motion 13-1 13 amending the urban Growth Area map in the 2012 King County Countywide Planning Policies to add the 14 Central Issaquah Urban Core as an Urban Center. 15 16 SECTION 2. The amendment to the 2012 King County Countywide Planning Policies, as shown 1 Ordinance 17783 17 19 in Attachment A to this ordinance, is hereby adopted and ratified on behalf of the population of unincorporated King County. Ordinance 17783 was introduced on 3/3/2014 and passed by the Metropolitan King County Council on 3/31/2014, by the following vote: Yes: 7 - Mr. Phillips, Mr. Gossett, Ms. Hague, Mr. Dunn, Mr. McDermott, Mr. Dembowski and Mr. Upthegrove No: 0 Excused: 2 - Mr. von Reichbauer and Ms. Lambert ICING COUNTY COUNCIL KING COUNTY, WASHINGTON ATTEST: Larry Phillips, Chair 7 C � r .Anne Noris, Clerk of the Council APPROVED this day of 12014. Z� r� c Dow Constantine, County Executive Attachments: A, GMPC Motion No. 13-1 N 9/25/13 2 Sponsored By: GMPC MOTION NO. 13-1 ATTACHMENT A Executive Committee 4 A MOTION to amend to the Urban Growth Area map in the 2012 5 King County Countywide Planning Policies to add the Central 6 Issaquah Urban Core as an Urban Center. 7 8 9 WHEREAS, accommodating growth in Urban Centers allows King County to meet 10 a range of objectives including providing a land use framework for an efficient and 11 effective regional transportation system; and 12 13 WHEREAS, Countywide Planning Policy DP-31 allows for designation of new 14 Urban Centers; and 15 16 WHEREAS, the City of Issaquah has demonstrated that the Central Issaquah Urban 17 Core meets the criteria listed in Policy DP-31; and 18 19 WHEREAS, City of Issaquah briefed the Growth Management Planning Council 20 on the proposal to designate the Central Issaquah Urban Core as an Urban Center at its 21 meeting on May 29, 2013. 22 23 NOW THEREFORE BE IT RESOLVED that the Growth Management Planning 24 Council of King County hereby recommends that the Urban Growth Area map in the 2012 25 King County Countywide Planning Policies be amended to add the Central Issaquah Urban 26 Core as an Urban Center as shown on attachment A to this motion. '27 28 29 30 31 Dow Constantine, Chair, Growth Management Planning Council 32 33 Attachment A: Central Issaquah Urban Core map 34 17783 This page intentionally left blank. Attach mi ent A 3o Motion, 1 -1 Central Issaquah Proposed Regional Growth Center ugend +Proposed Raalonal Growth Center Boundary e� Central Issaquah _ Plan Boundary `— CF•FadiClao' CF-Openspace' CF-Racreabo n' Destination Retail Intensive Commardal -' Mineral Resources mixed use Mixed Ux ReddaMbl 5ingla Family- suburban UtA an Cora Urban village vlllage Rasidantlal ru = Commun ty Facilities This page intentionally left blank. ATTACHMENT 2 Council Meeting Date: May 29, 2013 Agenda Item: IV GROWTH MANAGEMENT PLANNING COUNCIL AGENDA ITEM KING COUNTY, WASHINGTON AGENDA TITLE: Designate Central Issaquah as an Urban Center in the King County Countywide Planning Policies —Appendix 1 Land Use Map PRESENTED BY: Ava Frisinger, Issaquah Mayor SUMMARY Nomination: The City of Issaquah is proposing that Central Issaquah be designated . an Urban Center in the Countywide Planning Policies. The, Issaquah' City Council authorized nomination of the Central Issaquah Urban Core for Urban -Center on April 15, 2013 (AB 6586). Location: The area ' proposed for UrbanCenter designation is shown on the attached map. The proposed Center is 461 acres and includes several of Issaquah's top employers, including Costco's corporate headquarters. Growth Targets and Future Land Use: Most of Issaquah's future housing and job growth (GMA Targets - 5,750 housing units and 20,000 jobs) is planned for Central Issaquah and the proposed Urban Center. This growth will transform the Urban Center from a collection -of strip -malls and office buildings into a more livable, sustainable and balance mixed use community. Planned densities are 51 jobs and 15.58 housing units'per acre. A Commitment to Urban Center Expectations: The Issaquah City Council has taken the following steps to plan for growth in the proposed Urban Center: Q ADOPTED the Central Issaquah Plan, including a policy calling for Urban Center designation; Q COMPLETED a Planned Action EIS for Central Issaquah and the proposed Urban Center; ATTACHMENT 2 R1 ADOPTED new Development and Design Standards for Central Issaquah; Q ADOPTED a Planned Action Ordinance for the proposed Urban Center; and Q REZONED the proposed Urban Center from primarily Office and Retail zonina to hiaher density mixed use Urban Core and Urban !pillage zoning. APPLICABLE COUNTYWIDE PLANNING POLICIES The Countywide Planning Policies provide direction about the process for designating Urban Centers. DP-29 Concentrate housing and employment growth within designated Urban Centers. 7,185 new residential units and 27,565 new jobs are planned for the 461 acre Urban Center. DP-30 Designate_ Urban Centers in the Countywide Planning Policies where city -nominated location meets the criteria in policies DP-31 and DP- 32�and where the city's commitments will help ensure the success- of the center. The City's commitment to becoming an Urban Center is summarized above, These actions are the result of six years of community planning. Urban Centers will be limited in number and located on existing or planned high capacity transit corridors to provide a framework for targeted private and public investments that support- regional land use and transportation goals. The Land Use Map in Appendix 1 shows the locations of designated Urban Centers. Issaquah's proposed Urban Center is located adjacent to 1-90, a designated high capacity transit (HCT) corridor in the 2005 Sound Transit Long Range Plan. DP-31 Allow designation on new Urban Centers where the proposed Center: a) Encompasses an area up to one and a half square miles; and The proposed Issaquah Center is 461 acres ( 72,square miles). 2 ATTACHMENT 2 b) Has adopted zoning regulations and infrastructure plans that are adequate to accommodate: New mixed use urban density zoning districts were adopted for the proposed Urban Center on April 15,. 2013. The Central Issaquah Plan EIS identifies specific measures to assure that the City's infrastructure plans are adequate to accommodate the planned growth. i) A minimum of 15,000 jobs within one-half mile of an existing or planned high -capacity transit station. The adopted Central Issaquah Plan includes a conceptual HCT I 90'corridor and four potential light rail stations. Three of the four potential stations meetthis criterion: ii) At a minimum, an average of 50 employees per gross acre within the Urban Center; and, The Central Issaquah Plan anticipates 23,555 jobs in the proposed center— an average of 51..1.employees per gross acre. iii) At a minimum, an average of 15 housing units per gross .acre within the. Urban Center. The Central Issaquah Plan anticipates 7,185, new residential units in the proposed center— an average of 15.58 units per gross acre. DP-32 Adopt a map and housing. and employment growth targets in City comprehensive plans for each Urban Center, and adopt policies to promote and maintain quality of life in the Center through: The Central Issaquah Plan includes a Land Use Map, including the proposed Urban Center and housing and employment targets. • A broad mix of land uses that foster both daytime and nighttime activities and opportunities for social interaction; The adopted Development and Design Standards allow a mix of uses vertically and horizontally. • ` 'A range of affordable and healthy housing choices; The Housing Element of the Central Issaquah Plan includes policies addressing housing choices and affordability. Residential and mixed 3 ATTACHMENT 2 use residential development in the proposed Urban Center is required to provide not less than ten percent of the residential units for mid - moderate incomes. Affordable housing is also one of the required public benefits to participate in the City's density bonus program within the Development and Design Standards. • Historic preservation and adaptive reuse oUhistoric places; ��e amity �o►wi�rehensive Plan includes policies to pi�serVe iiaLIJ cult►_fral and historic resources, • Parks .and public open spaces that are accessible and beneficial to all residents in the Urban Center; The proposed Urban Center will be. served by a "Green Necklace" of connected urban parks, green. space and pedestrian corridors and three new parks. The proposed Urban Center is also adjacent to Lake Sammamish State Park (512 acres) and Issaquah's 30 acre Tibbetts Malley Park. • Strategies to increase tree canopy within the Urban Center and incorporate . low -impact development measures to minimize stormwater runoff. The Central Issaquah Development and Design Standards establish minimum tree densities, tree removal standards and tree replacement requirements. City Codes require redevelopment to be consistent with low impact development measures, including narrow streets and impervious pavement. • Facilities to meet human service needs; The Community Food and Clothing Bank -is: within walking distance from the proposed Center. The City provides financial support to a variety of local and regional human service -programs that serve Issaquah. • Superior Urban Design., which reflect the local community vision for compact urban development. The City adopted new Development and Design Standards for the proposed Urban Center to promote pedestrian oriented development and create a sense of place. 4 ATTACHMENT 2 • Pedestrian and bicycle mobility, transit use and linkages between these modes; The vision for the proposed Urban Center is to create a "connected urban community where pedestrians are priority". This vision is implemented through related plan policies and the adopted Development and Design Standards. • Planning for complete streets to provide safe and inviting access to multiple travel modes, especially bicycle and pedestrian travel; and, Chapter 6.0 Circulation of the Development and Design Standards will "create a complete streets network" for the Urban Center. In addition, the Central Issaquah Plan identifies a number of strategies for Central Issaquah to become bike friendly. • Parking management and other strategies that minimize trips made by single -occupant vehicles, especially during peak commute periods. Approximately 75% of the developed land in Central Issaquah is currently used for parking. The new Development and Design Standards replace the City's current suburban parking standards with new parking requirements and policies to encourage transit use and walking. The Central Issaquah Plan includes a commitment to achieve a 17% transit, transit supportive and nonmotorized mode split. DP-33 Form the land use foundation for a regional high -capacity transit system through the designation of a system of Urban Centers. Urban Centers should receive high priority for the location of transit service. The Sound Transit 2 Plan (ST2) proposal to extend rail service to Issaquah will play an important role in connecting Issaquah to other regional employment and housing centers. The designation of the Central Issaquah Urban Core as an Urban Center will support future transit investment in the 1-90 HCT corridor. Attachment A: Central Issaquah Plan Proposed Regional Growth Center Map Z This page intentionally left blank. z LU This page intentionally left blank. a LV King County Transportation, Economy and Environment Committee STAFF REPORT Agenda Item: 6 Name: Rick Bautista Proposed No.: 2014-0072 Date: March 18, 2014 SUBJECT: Ordinance adopting amendments to the Countywide Planning Policies; designating Central Issaquah as an Urban Center. BACKGROUND: Growth Management Planning Council (GMPC) and Countywide Planning Policies (CPPs) The GMPC is a formal body comprised of elected officials from King County, Seattle, Bellevue, the Suburban Cities, and Special Districts. The GMPC was created in 1992 by interlocal agreement, in response to a provision in the Washington State Growth' Management Act (GMA) requiring cities and counties to work'togetherto adopt CPPs Under GMA, countywide planning policies serve as the framework for each individual jurisdiction's comprehensive plan, and ensure countywide consistency with respect to land use planning :efforts. ' As provided for in the interlocal agreement, the GMPC' developed and recommended the CPPs; which were adopted by the King County Council and ratified by the cities. Subsequent amendments to the CPPs follow the same process: recommendation by the GMPC, adoption by the King County Council, and ratification by the cities. Amendments to the CPPs become effective when ratified by ordinance or resolution by at least 30% of the city and bounty governments representing of least 70% of the population of.King'Codnty. A city shall be deemed to have ratified an amendment to the CPPs unless, within 90 days of adoption by King County, the city by legislative action disapproves it. Requirements for Urban Center Designation The CPPs describe Urban Centers as areas of concentrated employment and housing, with direct service by high -capacity transit and a wide range of other land uses. Collectively, they are expected to account for up to one half of King County's employment growth and one quarter of household growth over the next 20 years. In order to be designated as an Urban Center,. jurisdictions must meet specific criteria in the Countywide Planning Policies, including having planned land uses to accommodate: A minimum of 15,000 jobs within one-half mile of a transit center; At a minimum, an average of 50 employees per gross acre; and At a minimum, an average of 15 households per acre. King County Council March 31, 2014 '21 In addition the CPPs require that fully realized Urban Centers shall be characterized by the following: Clearly defined geographic boundaries; • An intensity/density of land uses sufficient to support effective and rapid transit; Pedestrian emphasis within the Center; Emphasis on superior urban design which reflects the local community; Limitations on single -occupancy vehicle usage during peak commute hours; A broad array of land uses and choices within those land uses for employees and residents; Sufficient public open spaces and recreational opportunities; and Uses which provide both daytime and nighttime activities in the Center. SUMMARY: Proposed Ordinance 2014-0072 would amend the CPPs by adding Central Issaquah to the list of Urban Centers. The ordinance would also ratify the change on behalf of the population of unincorporated King County, and begin the, ratification process by the cities. ANALYSIS: The GMPC staff analysis of the city's proposal as presented to the GMPC, is included as Attachment 2 to this staff report. Through its unanimous adoption of Motion 13-3,, has declared that the City'of Issaquah has demonstrated its commitment to developing a fully realized Urban Center as envisioned in the; CPPs. Specific findings include: • Issaquah's comprehensive plan and downtown plan establish the policy framework for achieving a compact, mixed use, transit and pedestrian oriented, Urban Center. Issaquah has implemented its plans with supportive land use and development regulations, including unlimited residential density ,in the downtown zone,; increased height limits, design guidelines and streamlined permit processing. The city has planned . for future growth within the Urban Center through recent ..investments in utility, street and sidewalk upgrades, and, in land assembly and acquisition. These efforts include plans for a mixed -use Town Square development_, and plans for a transit -oriented development project. Council staff has had an opportunity to thoroughly review the city's proposal, and concurs that it meets the requirements in the CPPs for designation as an Urban Center. ATTACHMENTS: 1. Proposed Ordinance 2014-0072, with attachments 2. Staff .Report; to GMPC Motion 13-3 King County Council March 31, 2014 22 Agenda Item: Bids – 9A TO: City Council DATE: May 20, 2014 SUBJECT: 64th Avenue S Channel Improvements Union Pacific Railroad Spur Culvert Replacement - Award SUMMARY: This project is part of the City’s overall efforts in alleviating local flooding in the manufacturing/industrial area of Kent. This project is located along 64th Avenue South at the railroad spur north of South 228th Street. The existing culverts under this spur are substandard and in need of replacement. The project consists of the removal of the three existing 60 inch diameter, 129 foot long culvert pipes, and the installation of two precast three-sided 14’ wide X 5’ high x 130’ long concrete box culverts with lids and headwalls and wingwalls. This is phase 2 of the project. Phase 1 of this project completed in 2012, replaced the culverts under South 226th Street. EXHIBITS: Memo Dated 5/8/2014 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This contract will be funded out of the City’s Storm Drainage fund. This project has been budgeted for 2014. MOTION: Move to award the 64th Avenue S Channel Improvements Union Pacific Railroad Spur Culvert Replacement project to R.L. Alia Company in the amount of $1,176,550.13 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 Date: May 8, 2014 To: Mayor Cooke and Kent City Council From: Timothy J. LaPorte, P.E. Public Works Director RE: 64th Avenue S Channel Improvements Union Pacific Railroad Spur Culvert Replacement Project Bid opening for this project was held on Tuesday, May 6, 2014 with 8 bids received. The lowest responsible and responsive bid was submitted R.L. Alia Company in the amount of $1,176,550.13. The Engineer's estimate was $1,153,199.25. The Public Works Director recommends awarding this contract to R.L. Alia Company. Bid Summary 01. R.L. Alia Company $1,176,550.13 02. Clearcreek Contractors, Inc. $1,300,611.44 03. Scarsella Brothers, Inc. $1,318,807.05 04. Road Construction Northwest $1,451,574.43 05. Ceccanti, Inc. $1,465,349.81 06. ICON Materials $1,510,042.78 07. Active Construction, Inc. $1,586,219.65 08. James W. Fowler Co. $2,013,306.42 Engineer's Estimate $1,153,199.25 This page intentionally left blank. Agenda Item: Bids – 9B TO: City Council DATE: May 20, 2014 SUBJECT: 2014 Thermoplastic Markings Project- Award SUMMARY: The project consists of installing 3,930 feet of plastic stop lines, 14,900 square feet of plastic crosswalk lines, 16 each of plastic carpool lane symbols, 22 each of plastic railroad crossing symbols, and 141 each of plastic arrow symbols. EXHIBITS: Memo Dated 5/13/2014 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This contract will be funded out of the Business & Occupation Funds. MOTION: Move to award the 2014 Thermoplastic Markings project to Apply- A-Line Inc. in the amount of $277,695.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: May 13, 2014 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 64th Avenue S Channel Improvements Union Pacific Railroad Spur Culvert Replacement Project Bid opening for this project was held on Tuesday, May 13, 2014 with 3 bids received. The lowest responsible and responsive bid was submitted Apply-A-Line Inc. in the amount of $277,695.00. The Engineer's estimate was $372,675.00. The Public Works Director recommends awarding this contract to Apply-A-Line Inc. Bid Summary 01. Apply-A-Line Inc. $277,695.00 02. Specialized Pavement Marking $437,050.00 03. Stripe Rite, Inc. $470,890.00 Engineer's Estimate $372,675.00 This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 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 K. Other This page intentionally left blank. EXECUTIVE SESSION A) Property Acquisition, as per RCW 42.30.110 (1)(b) ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.