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City Council Committees - Committee of the Whole - 01/21/2025
KENT CITY COUNCIL • COMMITTEE OF THE WHOLE KENT Tuesday, January 21, 2025 W A S H IN G T O N 4:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CitvofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, dial 253-215-8782 or 253-205-0468 Enter Meeting ID: 87459075269 Join the meeting Mayor Dana Ralph Council President Satwinder Kaur Councilmember Bill Boyce Councilmember Marli Larimer Councilmember John Boyd Councilmember Zandria Michaud Councilmember Brenda Fincher Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. DEPARTMENT PRESENTATIONS Operations—Council President Kaur, Subject Matter Chair A. Approval of Minutes YES Committee of the Whole - Committee of the Whole - Regular Meeting - Dec 10, 2024 4:00 PM B. Payment of Bills - Approve YES Paula Painter 01 MIN. C. Introduction of Ordinance No. YES Christina Schuck 10 MIN. 4512 Granting a Non-Exclusive 10-year Franchise with Ezee Fiber Texas, LLC Committee of the Whole Committee of the Whole - January 21, 2025 Regular Meeting Economic and Community Development-Councilmember Larimer, Subject Matter Chair D. Targeted Residential Investment YES Sam Alcorn 10 MIN. Program - Agreement for The Suton - Authorize Parks-Councilmember Michaud, Subject Matter Chair E. 2025-2026 Recreation Guide YES Haleigh Elliott 05 MIN. Printing/Mailing Services - Authorize Public Works-Councilmember Fincher, Subject Matter Chair F. Accept Funds From the YES David Paine 10 MIN. Transportation Improvement Board for the 132nd Avenue S.E. Pedestrian Improvement Phase 3 Project - Accept G. Accept Funds from the YES David Paine 10 MIN. Transportation Improvement Board for the 83rd Avenue South Sidewalk Project - Accept S. ADJOURNMENT Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of each month. Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to be admitted into the record,written comments shall be submitted not less than three hours prior to the start of the Committee of the Whole meeting to Citvclerk@kentwa.c�ov, unless a person appears in-person,in which case,the written comments will be handed to the City Clerk and will be admitted into the record of the Committee of the Whole meeting. For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or email CityClerk@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. Pending Approval Kent City Council - Committee • of the Whole KENT Committee of the Whole - WAS M IN G 7 0 N Regular Meeting Minutes December 10, 2024 Date: December 10, 2024 Time: 4:00 p.m. Place: Chambers N 1. CALL TO ORDER c Council President Kaur called the meeting to order. o 2. ROLL CALL ° a Attendee Name Title Status Arrived a Satwinder Kaur Council President Present Bill Boyce Councilmember Present a 0 John Boyd Councilmember Present R Brenda Fincher Councilmember Present N Marli Larimer Councilmember Present N Zandria Michaud Councilmember Present Toni Troutner Councilmember Present 0 3. AGENDA APPROVAL ,°� as A. I move to approve the agenda as presented. ER SULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner a N r 7 4. DEPARTMENT PRESENTATIONS A. Approval of Minutes YES i. Committee of the Whole - Committee of the Whole - Regular Meeting - Nov 19, 2024 4:00 PM Packet Pg. 3 Kent City Council - Committee of the Whole December 10, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner B. Payment of Bills - Approve MOTION: I move to approve the payment of bills. aD RESULT: MOTION PASSES [UNANIMOUS] Next: 1/7/2025 7:00 PM MOVER: Bill Boyce, Councilmember 4- SECONDER: John Boyd, Councilmember 0 AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner o L C. Goods and Services Agreement with Perfect Image - Authorize Q City Clerk, Kim Komoto presented details on the agreement with Perfect a Image, Inc for digitization services. o To increase transparency by making records more accessible to the public N through the City's online records management portal, staff started evaluating N and inventorying the non-digitized records in their departments. The digitization of records will alleviate the need for space to store the paper records in addition to making them easier for staff to manage and the public 4- to access. ° a� r The City has allocated $200,000 in ARPA funds for this project. Additionally, the City is allocating up to an additional $300,000 from the General Fund. a� MOTION: I move to authorize the Mayor to sign the agreement with Perfect Image, Inc., subject to final terms and conditions a acceptable to the Chief Administrative Officer and City Attorney. a a� RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner D. Agreement with Black Print Collective - Authorize Race and Equity Coordinator, Uriel Varela presented details on the agreement with Black Print Collective. The Race & Equity Strategic Plan is currently in the implementation phase. To increase capacity for the work, the team has selected The Black Print ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 2 of 11 Packet Pg. 4 Kent City Council - Committee of the Whole December 10, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes Collective as the vendor for an ARPA contract for assistance in implementing certain objectives. BPC will work to coordinate and host various community events and workshops throughout Kent. BPC will provide general business support and work to increase the number of Kent-based businesses certified by the Office of Minority and Women's Business Enterprises. They will also create and maintain a Kent-based minority/women-owned business list and will create community engagement opportunities for our City departments to connect with historically marginalized communities. MOTION: I move to authorize the Mayor to sign the agreement with The Black Print Collective subject to final terms and o conditions acceptable to the Chief Administrative Officer and City Attorney. Q a RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM Q MOVER: Satwinder Kaur, Council President a SECONDER: Bill Boyce, Councilmember o AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner N O E. Interlocal Agreement with Puget Sound Regional Fire Authority o - Authorize a� City Attorney, Tammy White presented details on the Interlocal Agreement 4- with the Puget Sound Regional Fire Authority. ° a� r The original ILA provided that the PSRFA would provide services to Kent through dedicated PSRFA staff, and the cost to the City for those services would be comparable to the salary costs paid by the PSRFA for those dedicated staff members. However, due to its expanded service area, this CU dedicated staffing structure is no longer feasible for the PSRFA. Instead, the PSRFA would like to convert to a cost share method through which each a agency pays for services equal to their pro-rata share of the PSRFA's total U) services, including an equitable allocation of shared overhead costs of the ; PSRFA, such as technology, administration, finance, and personnel. The City and the PSRFA agreed to this cost-share method in 2023 for Fire Prevention Services, and since the City's ILA with the PSRFA expires on December 31, 2024, the PSRFA has advised that it would like to convert all of the services it provides to Kent, and the other agencies it serves, to a similar cost share approach. The City and the PSRFA will continue to maintain a separate agreement related to FD Cares and co-responder services. That agreement will continue its own and is not being added to this ILA. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................_______.. Page 3 of 11 Packet Pg. 5 Kent City Council - Committee of the Whole December 10, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes MOTION: I move to approve an interlocal agreement regarding the division of services between the City of Kent and the Puget Sound Regional Fire Authority, and authorize the Mayor to sign the same upon final terms and conditions acceptable to the Chief Administrative Officer and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner F. Consolidating Budget Adjustments, 11/1/2024 — 11/30-2024 - 0 Ordinance - Adopt 0 Interim Finance Director, Michelle Ferguson provided details on the a Consolidating budget Adjustments November 1- 30, 2024, for a total overall g budget increase of $6,970,400 that are pending approval. 2 a • $2,175,000 to transfer funds from Facilities Operating to Facilities Lifecycle reserves. • $2,000,000 to transfer ($1m) and establish the budget ($1m) for a cm general fund subsidy for accessoShoware. o • $1,000,000 for increased sewer revenues. • $650,000 to adjust the IT Project Managers' salary & benefit allocation to 0 reflect year-to-date actuals ($550k) and increase the budget for IT 0 maintenance and subscription costs ($100k). • $500,000 to increase the Police overtime budget. • $489,400 in ARPA funded budget adjustments. • $156,000 to transfer ($78k) and establish budget ($78k) for the Court file room remodel. CL MOTION: I move to adopt Ordinance No. 4505, consolidating budget adjustments made between November 1, 2024, and a November 30, 2024, reflecting an overall budget increase of $6,970,400. c RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM 1 MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner G. INFO ONLY: Third Quarter 2024 Investment Report Cash and Investment Officer, Joe Bartlemay presented the Third Quarter Investment Report for 2024, that was presented to the Investment Advisory Board on November 21, 2024. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................_______.. Page 4 of 11 Packet Pg. 6 Kent City Council - Committee of the Whole December 10, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... Bartlemay reviewed the investment portfolio through September 30, 2034, that includes cash, Washington State LGIP, and the PFM Managed portfolio. Bartlemay reviewed the five-month flow of cash and investments by type, the three-year flow of total cash and investments, quarterly interest earnings, and total cash and investments by fund through September 30, 2024. The portfolio summary and statistics for pfm Asset management were reviewed, along with the sector analysis confirming compliance. H. 2024 Environmental Protection Agency Brownfields Grants - 0 Accept 0 Economic Development Officer, Bill Ellis presented details on the EPA a Community Brownfields award of $500K. Q These grant funds will be used for inventory, assessment, planning, and a community outreach related to brownfield properties within the City of Kent. o The last brownfields assessment within City of Kent was undertaken in N 2012. Since that time, new areas have come under City jurisdiction, and the o arrival of light rail transit and its accompanying mandates for higher density-adjacent development bring new incentives to reclaim brownfields o for high impact development which may provide housing, jobs, and space 0 for new business, with multiple economic benefits to the City and a community enhancements for its residents. Funds from the federal Environmental Protection Agency for environmental characterization and assessment administered by the City will further support the reuse of long dormant brownfield properties. C MOTION: I move to authorize the Mayor to accept grant funds a from the Environmental Protection Agency in the amount of $500,000 for brownfield assessments, amend the budget, authorize expenditure of the grant funds, and authorize the Mayor to sign all necessary documents subject to the approval of final terms and conditions acceptable to the Economic and Community Development Director and City Attorney. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................_______.. Page 5 of 11 Packet Pg. 7 Kent City Council - Committee of the Whole December 10, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner I. Lodging Tax Advisory Committee Grant Awards — Award Economic Development Program Manager and staff to Kent's Lodging Tax Advisory Committee, Michelle Wilmot presented details on the eight LTAC grant awards totaling $283,000 to support various tourism promotion initiatives designed to attract both business and leisure travelers to Kent. 4- 0 Washington State collects a lodging tax for each hotel/motel stay that is less than 30 days in duration. A portion of this revenue is returned to its origin 0 city and this revenue must be used to fund promotion or sponsorship of Q attractions and events, likely to bring visitors to experience those offerings, stay overnight, dine and shop. A local committee, comprised 50% of a representatives from the hospitality industry and 50% from local organization o who may stage or sponsor events, make recommendations as to which proposals will best achieve these goals and should receive funding. o N The Fall 2024 funding cycle will support events occurring in late 2025 and early 2026 and will also allow the continuance of the City's "Visit Kent" � tourism marketing campaign by renewing its contract with JayRay Ads & PR, o Inc. for 2025. Individual grant applications and funding levels were discussed by the Lodging Tax Advisory Committee during their November 26t" meeting. 2 MOTION: I move to award Fall 2024 lodging tax grants to the recipients selected by the Lodging Tax Advisory Committee in the amounts recommended, and authorize the Mayor to sign all CU agreements, subject to final terms acceptable to the City Attorney. a RESULT:LTULTU MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM a MOVER: Marli Larimer, Councilmember = SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner J. Consultant Contract with Platform Design, LLC for Updates to the City's Housing Code and Design Standards — Authorize Long Range Planning Manager, Kristen Holdsworth presented details on the agreement with Platform Design, LLC. The City intends to update its development and design standards to increase housing options in Kent, and Platform Design, LLC, will assist the City with ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 6 of 11 Packet Pg. 8 Kent City Council - Committee of the Whole December 10, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes this process. This work is necessary to comply with new state laws and implement the City's new 2044 Comprehensive Plan. City staff have already identified several code revisions that are necessary to comply with Growth Management Act requirements and the 2044 Comprehensive Plan, including middle housing; shelter, transitional, emergency, and permanent supportive housing housing; co-living; parking standards; streamlined development review processes; and design review standards. Additional amendments may be recommended by the City's Consultant during its thorough review and audit of the City's code and design guidelines. _ 4- The Consultant's Scope of Work does include community engagement through online and in-person open houses, as well as stakeholder meetings o and interviews to inform technical updates. Some updates are required by a the GMA to be adopted by June 30, 2025, and others are required by the end g of 2025. 2 a MOTION: I move to authorize the Mayor to sign a Consultant o Services Agreement with Platform Design LLC for work associated with updating the City's housing code and design o standards, subject to final terms and conditions acceptable to N the Economic and Community Development Director and City Attorney. 0 4- RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner K. Ordinance Adopting the 2044 Comprehensive Plan - Adopt Holdsworth provided an overview of the 2044 Comprehensive Plan. a The Comprehensive Plan is the guiding policy document for all land use and development regulations in Kent. State law requires the City to plan for and accommodate 10,200 new housing units and 32,000 jobs over the next 20 years. The project team has spent the past two years working with the community to make updates to the plan to better reflect a shared vision and guiding principles to inform how we plan for Kent's future. The Comprehensive Plan includes ten chapters: • Introduction, Community Profile, Vision • Land Use Element • Housing Element • Transportation Element ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................_______.. Page 7 of 11 Packet Pg. 9 Kent City Council - Committee of the Whole December 10, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... • Parks and Recreation Element • Economic Development Element • Capital Facilities Element • Utilities Element • Shoreline Element • Climate Element It also includes appendices with supporting analysis, documentation, and six- year capital financing plans for the City of Kent, all school districts serving Kent, and the Puget Sound Regional Fire Authority. Kent's updated Comprehensive Plan includes its first ever Climate Element, 4- as well as changes to more holistically address sustainability, human ° M services, and equity. The 2044 Comprehensive Plan also includes substantive o changes to content, goals, and policies in all chapters and map amendments a to the future land use designations to implement the vision for growth. g On November 19, 2024, City Council held a public hearing and admitted into a 0 the record comment letters received pertaining to this ordinance. At the public hearings, written comments were received and were entered N into the records. Additionally, after the public hearing, the City received a o comment letter from the Puget Sound Regional Council on November 27, 2024. The comments were minor in scope and primarily requested o clarification or additional context to be added. The final 2044 Comprehensive o Plan incorporates changes to respond to PSRC comments, as well as some of r the written comments received previously. MOTION: I move to adopt Ordinance No. 4506, repealing the 2015 Comprehensive Plan and adopting the 2044 Comprehensive Plan, including all of its referenced and attached exhibits and appendices, fulfilling the periodic update requirements under the Washington State Growth Management a Act. RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner L. Emergency Ordinance Amending Kent City Code Chapters 12.13 and 12.15 Relating to School and Fire Impact Fees - Adopt Planner, Sam Alcorn provided an overview of the Emergency Ordinance Amending Kent City Code Chapters 12.13 and 12.15 relating to school and fire impact fees. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 8 of 11 Packet Pg. 10 Kent City Council - Committee of the Whole December 10, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... The Kent City Code provides for the assessment and collection of school and fire impact fees against new construction to ensure adequate public facilities are available to serve new growth attributable to that construction. Impact fees for area school districts and the regional fire authority are determined by annual updates these agencies provide to the City with their capital facilities/capital improvement plans. State law requires that impact fees may only be imposed for new or expanded capital facilities to directly address the increased demand for services created by new development. Impact fees cannot be used to correct existing deficiencies, nor can they pay for operating expenses. - �a The ordinance revises impact fee calculations based on material received o from the Puget Sound Regional Fire Authority and the Kent, Federal Way, a and Highline School Districts. Because the City of Auburn annexed the g Bridges Neighborhood, the Auburn School District no longer serves the City of Kent and it is therefore removed from the school impact fee schedule. a 0 0 MOTION: I move to recommend Council declare an emergency and adopt Ordinance No. 4507, amending Chapters 12.13 and o 12.15 of the Kent City Coode to adjust the fee schedule for N school and fire and impact fees. a� RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner aD M. Ordinance Adopting and Updating SEPA Categorical Exemptions — Adopt Planner, Lindsay Walker, presented an overview of the ordinance updating a the State Environmental Policy Act processes to streamline development review processes for projects that comply with the Comprehensive Plan and ; Kent City Code. MOTION: I move to adopt Ordinance No. 4508, amending Chapters 11.03 and 15.04 of the Kent City Code to adopt development review exemptions under the State Environmental Policy Act to streamline the review process for infill development in furtherance of the goals and policies of the Comprehensive Plan, and to adopt related reorganizational code amendments made necessary by adoption of the new exemptions. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 9 of 11 Packet Pg. 11 Kent City Council - Committee of the Whole December 10, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner N. Ordinance Adopting Rezones and Zoning Code Changes to Implement the 2044 Comprehensive Plan— Adopt Walker presented an overview of the Ordinance Adopting Rezones and r Zoning Code Changes to Implement the 2044 Comprehensive Plan. Every ten years, cities and counties that are "fully planning" under the 0 Growth Management Act must conduct a thorough review of their comprehensive plan and development regulations. 0 a As part of Kent's new 2044 Comprehensive Plan, City staff recommends that g several citywide rezones be approved, and changes made to the City's Official a Zoning Map for consistency with the 2044 Comprehensive Plan. o Additionally, there are two changes proposed that are in direct response to 0 community input for commercial zones: N C #1. Allowing nurseries, greenhouses, garden supplies, tools, etc. in the a Neighborhood Convenience Commercial (NCC) zone; and o 0 #2. Restricting new gasoline service stations in the NCC zone and not allowing new gas stations on properties with Mixed-Use Future Land Use Designations. a� MOTION: I move to adopt Ordinance No. 4509, implementing the 2044 Comprehensive Plan by amending sections 15.04.070 and 15.04.080 of the Kent City Code to update commercial land uses and to rezone various properties throughout the City a consistent with the new Comprehensive Plan. c RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner O. 2025-2029 CDBG Consolidated Plan & Community Participation Plan— Adopt Senior Human Services Coordinator, Brittany Gaines presented information on the 2025-2029 Consolidated Plan & Community Participation Plan to receive Community Development Block Grant allocations from the U.S. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 10 of 11 Packet Pg. 12 Kent City Council - Committee of the Whole December 10, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ................................................................................................................................................................................................................................................................................................ ._............................................................................................................................................................................................................ Department of Housing and Urban Development for the next 5 years. MOTION: I move to approve the 2025-2029 Community Development Block Grant Consolidated Plan & Community Participation Plan, including funding allocations and contingency plans, and authorize the Mayor to execute the appropriate certifications and agreements, subject to final terms and conditions acceptable to the Parks Director and City Attorney. y N RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM MOVER: Zandria Michaud, Councilmember 4- SECONDER: Marli Larimer, Councilmember 0 AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 0 Q S. ADJOURNMENT g Council President Kaur adjourned the meeting. o 0 v Meeting ended at 4:56 p.m. o N O City Clerk o 4- 0 m r _ ui a m Q a� _ ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 11 of 11 Packet Pg. 13 4.B FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: January 21, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills. SUMMARY: BUDGET IMPACT: Packet Pg. 14 4.0 OFFICE OF THE CITY ATTORNEY Tammy White, City Attorney 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5770 DATE: January 21, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: Introduction of Ordinance No. 4512 Granting a Non-Exclusive 10-year Franchise with Ezee Fiber Texas, LLC MOTION: I move to introduce Ordinance No. 4512, at the January 21, 2025 City Council meeting, which if later adopted by Council, will grant a non- exclusive 10-year franchise with Ezee Fiber Texas, LLC for the installation of a fiber optic network, subject to final franchise terms and conditions acceptable to the City Attorney. SUMMARY: Ezee Fiber Texas, LLC (Ezee) has applied for a franchise to construct and install a fiber optic network throughout the City to provide telecommunications services, including internet access to residents and businesses within the City. City and Ezee staff have been working together over the past several months to negotiate the terms of this franchise agreement. The terms are very similar to those included in existing franchises governing the installation of fiber in the right- of-way. This franchise has a 10-year term and includes standard provisions governing the construction, operation, and maintenance of Ezee's fiber optic network and related equipment. Because Ezee is registered as a telecommunications company with the Washington State Utilities and Transportation Commission, the City is not allowed to charge a franchise fee under state law, but it can recover administrative costs for the drafting and processing of the franchise and for other costs and expenses related to the administration of the franchise and presence of facilities within the right-of-way. State law prohibits an ordinance granting a franchise from being adopted on the day it is introduced. Accordingly, the franchise will be considered by the Committee of the Whole on January 21, 2025; introduced to the full City Council on the consent agenda at its City Council meeting on January 21, 2025, as an information only item; and 1then considered for final adoption at the February 4, 2025 City Council Meeting. BUDGET IMPACT: None. ATTACHMENTS: Packet Pg. 15 4.0 1. Ezee Franchise - Ordinance (PDF) 2. Ezee Fiber Franchise Agreement(PDF) Packet Pg. 16 4.C.a m a� N W t 3 a� N L V C R L U_ ORDINANCE NO. 4512 a� 0 m AN ORDINANCE of the City Council of the City of Kent, Washington, granting Ezee Fiber x Texas, LLC a 10-year non-exclusive franchise, and w authorizing the Mayor to sign all documents 0 necessary to implement the full terms of the negotiated agreement. ,L^ V N r LO RECITALS o z W U c A. Ezee Fiber Texas, LLC, a Delaware Limited Liability Company, ("Ezee") has requested that the Kent City Council grant it a non-exclusive pL 4- franchise to construct, maintain and operate a fiber optic network in the 0 c 0 City of Kent's ('City") Right-of-Way to provide telecommunications U services, including internet access services and Voice over Internet o .W Protocol services. ` N B. RCW 35A.47.040 allows the City to grant nonexclusive N franchises to utility and cable providers for their use of City Right of Way but prohibits an ordinance granting a franchise from being adopted until at least five days have passed after it is first introduced to the City Council. o This franchise was presented to the Committee of the Whole on January N 21, 2025, and first introduced to Council at its regular meeting on that U same date. Then, it was presented to Council a second time at its regular U_ meeting on February 4, 2025. N r 1 Fiber Franchise Authorized - m Ezee Fiber Texas, LLC E 0 r a Packet Pg. 17 4.C.a a� C. Through this ordinance, the City grants a 10-year franchise to N w Ezee and authorizes the Mayor to sign all documents necessary to fully r implement the agreement negotiated between the City and Ezee. N _ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, w WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: aD 0 ORDINANCE aD SECTION 1. - Franchise Granted. The Fiber Franchise Agreement 3 0 between the City of Kent and Ezee Fiber Texas, LLC substantially in the w _ form attached and incorporated as Exhibit A, is hereby granted. Upon Z Ezee's acceptance of the Fiber Franchise Agreement, the Mayor is r authorized to execute the same on behalf of the City, subject to those L changes that are not material in nature and may be authorized by the City N Attorney. v 0 z a� SECTION 2. - Mayoral Authorization. The Mayor is further _ authorized to execute all documents necessary to implement the full terms 0 of the negotiated franchise. — 0 SECTION 3. - Severability. If any one or more section, subsection, 0 L or sentence of this ordinance is held to be unconstitutional or invalid, such c decision shall not affect the validity of the remaining portion of this M N ordinance and the same shall remain in full force and effect. a� _ SECTION 4. - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City's legislative body, is not subject 0 aD to referendum. It shall be published and will take effect thirty (30) days after its passage. The Fiber Franchise Agreement, however, shall become L w effective only upon its acceptance by Ezee and execution by the Mayor. N W r 2 Fiber Franchise Authorized - _ m Ezee Fiber Texas, LLC E t w r Q Packet Pg. 18 4.C.a m Should Ezee fail to timely file its written acceptance of the Fiber Franchise N w Agreement, Ezee will be deemed to have rejected and repudiated the Fiber 3 Franchise Agreement and the franchise will be voidable by the City. y L U- February 4, 2025 a� DANA RALPH, MAYOR Date Approved c as ATTEST: x w February 4, 2025 0 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted c February 7, 2025 Date Published c� N r LO APPROVED AS TO FORM: Z W U c c TAMMY WHITE, CITY ATTORNEY 0 4- 0 c 0 U 0 0 L ♦+ N M N N V C R C L d V L LL N W r 3 Fiber Franchise Authorized - m Ezee Fiber Texas, LLC E r a Packet Pg. 19 4.C.b EZEE FIBER TEXAS, LLC AND THE CITY OF KENT, WASHINGTON 3 as FIBER FRANCHISE AGREEMENT c L LL L SECTION 1. - Definitions. In addition to terms otherwise defined herein, the following definitions shall apply generally to the provisions of this Franchise. a� .y 3 1.1 "Affiliate" means any Person that now or in the future, directly or indirectly x w controls, is controlled with or by, or is under common control with Franchisee. o z 1.2 "'Applicable Laws" means any local, federal, or state statute, law, regulation, or other legal authority governing any of the matters addressed in this Franchise, as N all now exist or as later amended or superseded. � 6 z 1.3 "City" means the City of Kent, Washington, a Washington municipal U corporation. L O W O 1.4 "'Control" means, with respect to: (i) a U.S. corporation, the ownership, o directly or indirectly, of 50% or more of the voting power to elect directors thereof, U or (ii) a non-U.S. corporation, if the voting power to elect directors thereof is less c than 50%, the maximum amount allowed by Applicable Laws; and (iii) any other N Person, 50% or more ownership interest in this Person, or the power to direct the N management of such Person. a� E a� L 1.5 "'Director" means the Public Works Director, Economic and Community a Development Director or designee. N U L 1.6 "Emergency Situation" means a condition posing an imminent threat to U_ a� property, life, health, or safety of any Person or entity. U. a� a� N W 1.7 "Facilities" or "Network" means one or more elements of Franchisee's fiber a� network, with all necessary aerial or underground fiber optic cables, lines, wires, or E Page 1 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 20 4.C.b strands and associated appurtenances; underground conduits, vaults, access 3 manholes and handholes; electronic equipment; power generators; batteries; An pedestals; boxes; cabinets; vaults; and other similar facilities. New utility poles or L towers for overhead wires, cabling or antennas are specifically excluded. LL L 1.8 "Force Majeure Event" means natural disasters, civil disturbances, work � a� stoppages or labor disputes, power outages, telephone network outages, and severe or unusual weather conditions which have a direct and substantial impact on the x w Franchisee's ability to provide Services in the City and which was not caused and o z could not have been avoided by the Franchisee which used its best efforts in its operations to avoid such results. ,L^ V N 1.9 ""Franchisee" means Ezee Fiber Texas, LLC a Delaware Limited Liability ,I, Company. 6 a) U 1.10 "Hazardous Substances" means any substance or material that is regulated L by any current or future federal, state, or local statutes, regulations, ordinances, and o w 0 rules relating to: the emission, discharge, release or threatened release of any o hazardous substance into the air, surface water, groundwater or land; the U manufacturing, processing, use, generation, treatment, storage, disposal, c transportation, handling, removal, remediation or investigation of a hazardous N material; and the protection human health, safety, or the indoor or outdoor N environment, including without limitation the Comprehensive Environmental a� Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq.; the Hazardous a� L Materials Transportation Act, 49 U.S.C. §§ 5101, et seq.; the Resource Conservation a and Recovery Act, 42 U.S.C. §§ 6901, et seq.; the Toxic Substances Control Act, 15 N U.S.C. §§ 2601, et seq.; the Clean Water Act, 33 U.S.C. §§ 1251, et seq.; the Clean L Air Act, 42 U.S.C. §§ 7401, et seq.; the Occupational Safety and Health Act, 29 U.S.C. a� §§ 651, et seq.; all applicable environmental statutes of the State of Washington; LL a� and all other federal, state or local statutes, laws, ordinances, resolutions, codes, w rules, regulations, orders or decrees regulation, relating to, or imposing liability or a� E Page 2 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 21 4.C.b M standards of conduct concerning any hazardous, toxic or dangerous waste, substance 3 or material, as now or at any time hereafter in effect. L 1.11 "'Microtrenching" means a technique for installing conduit to house fiberoptic U- L cable, utilizing a shallower and narrower cut, up to 2" wide with a depth up to 16". 0 m 1.12 ""Parties" (singular "Party") refers to both the City and Franchisee. y x w 1.13 "Person" means any natural person, or public or private legal entity of any o z kind. 1.14 `Public Improvement" means the establishment and improvement of new N Rights-of-Way, widening or improvement of existing Rights-of-Way or both, freeway � construction, change or establishment of street grade, or the construction of any Z public infrastructure by any governmental agency acting in a governmental capacity U as approved by the City, or as otherwise necessary for the operations of the City or L other governmental entity. o w 0 c 0 1.15 "Rights-of-Way" (singular "Right-of-Way") as used in this Franchise, 3 means the surface of, and the space above and below, any public street, highway, c freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, N drive, circle, pathways, spaces, or other public right-of-way, and over which the City N has authority to grant permits, licenses or franchises for use thereof, or has regulatory a� authority thereover. Right-of-Way does not include railroad right-of-way, airports, a� L harbor areas, buildings, parks, poles, conduits, open spaces, nature trails, poles, a dedicated but un-opened right-of-way, environmentally sensitive areas and any land, N M facilities, or property owned, maintained, or leased by the City in its governmental or L proprietary capacity or as an operator of a utility. a� iL a� a� N W C N E t v Page 3 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 22 4.C.b M SECTION 2. — Franchise Granted. 3 a� 2.1 Franchise and Term. Pursuant to RCW 35A.47.040, the City hereby grants to L Franchisee, its successors, legal representatives and assigns, subject to the terms U_ L and conditions set forth herein, a non-exclusive Franchise for a period of 10 years, beginning on the effective date of the ordinance authorizing this Franchise (the a� "Effective Date"). y x w 2.2 Termination. o z 2.2.1 Termination by City. The City may terminate this Franchise if Franchisee a� is in material breach of the Franchise and has failed to cure the breach within the applicable notice and cure period as specified in Section 17. No termination under N this subsection will be effective until the applicable notice and cure period has ,I, expired. Additionally, if Franchisee fails to apply for any permits to install Facilities Z within two years of the Effective Date of this Franchise, the City may terminate this U Franchise after providing Franchisee with 90 days' written notice. L 2.2.2 Termination by Franchisee. Franchisee may terminate this Agreement o w 0 for convenience upon 180 days' written notice to the City. o U 2.3 Franchise Purpose. This Franchise grants Franchisee the right, privilege, and L authority to construct, operate, maintain, replace, relocate, restore, upgrade, N remove, excavate, acquire, sell, lease, and use all necessary Facilities for a fiber optic N infrastructure Network in, under, on, across, over, through, along or below the public a� Rights-of-Way located in the City, and any areas added to the corporate limits of the a� L City during the term of this Franchise (the "Franchise Area") for the purpose of a providing the Services (as defined in Section 2.5.1). N M U 0 L 2.4 Limited Authorization. a� 2.4.1 The authority granted by this Franchise is a limited, non-exclusive LL a� authorization to occupy and use the City's Rights-of-Way and does not authorize w Franchisee to use any property other than the Rights-of-Way as agreed herein. W Nothing within this Franchise shall be construed to grant or convey any right, title, E Page 4 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 23 4.C.b M or interest in the Rights-of-Way of the City to Franchisee other than for the purpose 3 of providing the Services defined within Section 2.5.1. Franchisee's use of any other n City property, including City-owned or leased property, or poles and conduits, must L be governed under a separate agreement. U_ L 2.4.2 This Franchise shall not prevent the City from granting other franchises within its Rights-of-Way, nor shall it prevent or prohibit the City from using any a� Rights-of-Way, or affect its jurisdiction over any Rights-of-Way or any part of Right- y 3 of-Way. The City retains power to make all necessary changes, relocations, repairs, x w maintenance, establishment, improvement, dedication of Right-of-Way as it deems o z fit, including the dedication, establishment, maintenance, and improvement of all new Rights-of-Way, thoroughfares, and other public properties of every type and description. N 2.4.3 The City also reserves the right to amend this Franchise to conform to � any hereafter enacted, amended, or adopted Applicable Laws relating to the public Z health, safety, and welfare or relating to roadway regulation, upon providing U Franchisee with 30 days' written notice of its action setting forth the full text of the L amendment and identifying the Applicable Laws. This amendment shall become o w 0 automatically effective upon expiration of the notice period unless, before expiration o of that period, Franchisee requests in writing to negotiate the terms of the U amendment. If the Parties do not reach agreement as to the amendment terms within c 30 days of the request to negotiate, the City may enact the proposed amendment by N incorporating Franchisee's concerns to the maximum extent that the City, in its sole N discretion, deems reasonable. a� E a� L 2.5 Authorized Services. a 2.5.1 Franchisee represents that it intends to provide the following services N M within the City (the "Services"): telecommunications services, including Internet L access services as defined RCW 82.04.297 and Voice over Internet Protocol services, but excluding multichannel video programming services that would be subject to a LL a� video services franchise, to residents and businesses within the City (the w "Customers"). Franchisee may not offer Cable Services as that term is defined in 47 a� E Page 5 City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 24 4.C.b U.S.C. § 522(6). This Franchise does not authorize any wireless communications 3 services. 2.5.2 Franchisee is authorized without prior City approval to offer or provide L capacity or bandwidth, leased fiber or leased conduits, or any other Services set forth U_ L in this Section 2.5 to its Customers consistent with this Franchise provided: a. Franchisee at all times retains exclusive control over its Facilities and a� Services; remains responsible for constructing, installing, and y maintaining its Facilities pursuant to the terms and conditions of this x w Franchise; and solely responsible for providing and maintaining Services o z to its Customers; b. Franchisee may not grant rights to any Customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise; N C. Such Customer or lessee will not be construed to be a third-party ,I, beneficiary under this Franchise; and 6 d. No Customer or lessee that accesses Franchisee's Facilities within the U City limits may use the Facilities or Services for any purpose not L authorized by this Franchise, unless that Customer has a franchise with o w 0 the City. Then, the Customer may use Franchisee's Facilities or Services o consistent with the terms of its franchise. U 0 L y.. SECTION 3. — Work in the Rights-of-WaY. N M N 3.1 Location of Facilities. Franchisee may locate its Facilities within the Franchise as Area consistent with the City's Design and Construction Standards and subject to the a� L City's applicable permit requirements. Except that, until the City adopts a code a amendment or administrative regulations addressing Microtrenching, Franchisee may Mn M only install Facilities by Microtrenching or in a micro trench under conditions imposed L in a separate agreement. a� iL a� 3.2 Permits Required. Franchisee shall not commence any work within any Rights- w of-Way without first obtaining all necessary permits as required by Applicable Laws. a� Franchisee shall pay the standard permit fee, then all lawful processing, field Page 6 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 25 4.C.b marking, engineering, and inspection fees associated with the issuance of permits by the City. L 3.3 Work Requirements. During any period of relocation, construction or U- CU maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner and only after obtaining permits or a� other authorization pursuant to Section 3.2 and this Section 3.3. Franchisee shall N minimize interference with the free passage of traffic and the free use of adjoining x w property, whether public or private. Franchisee shall at all times post and maintain o z proper traffic control to warn and direct the road users, consistent with the CU a� requirements of Applicable Law. Traffic control devices include but are not limited to r �a barricades, traffic cones, traffic drums, tubular markers, flags, certified flaggers, N lights, flares, and other measures as required for the safety of all members of the LO v general public. Franchisee shall also comply with all applicable safety regulations z° during such period of construction as required by all Applicable Laws, including, without limitation, RCW 39.04.180 for the requirement of trench safety systems for L trench excavations. O 4- 0 c 0 3.4 Work of Contractors and Subcontractors. Franchisee's contractors and 3 subcontractors shall be licensed and bonded in accordance with Applicable Laws. w c Work by contractors and subcontractors is subject to the same restrictions, N 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 a� others performing work on its behalf as if the work were performed by Franchisee L and shall ensure that all such work is performed in compliance with this Franchise a and Applicable Laws. N L 3.5 Maintenance of Facilities. Franchisee shall, at its own expense, maintain its U- a� 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 0 w dangerous, noxious, or offensive nature or which would create a hazard or undue a� vibration, heat, noise, or any interference with City services. E 0 Page 7 City of Kent - Ezee Fiber Texas, LLC Q Fiber Franchise Agreement Packet Pg. 26 4.C.b 3 3.6 Shared Excavation. If either the City or Franchisee plans to make excavations n in any area covered by this Franchise and as described in this Section 3.6, the Party L planning the excavation shall endeavor to afford the other an opportunity to share U- L the excavation, PROVIDED THAT: a. The joint use shall not unreasonably delay the work of the Party causing a� the excavation to be made; y 3 b. The joint use shall be arranged and accomplished on terms and x w conditions satisfactory to both Parties; and o z C. The initiating Party may deny a request for constructability and/or safety reasons. ° ,L^ V N 3.7 Coordination of Construction. � 3.7.1 Except for Emergency Situations, Franchisee shall give advance written 6 notice of intended construction to property owners and/or residents within 100 feet U of the construction area as follows: if construction is ground disturbing - at least L seven days; otherwise - 48 hours. This notice shall contain the dates, contact o w 0 number, nature, and location of the work to be performed; a door hanger is o permissible. At least 24 hours before entering private property or streets or public U easements adjacent to or on such private property, Franchisee shall physically post ° c a notice on the property indicating the nature and location of the work to be N performed; a door hanger is permissible. Nothing in this Franchise gives the N Franchisee the right to enter onto private property without the permission of the a� private property owner. a� L 3.7.2 Franchisee shall make a good faith effort to comply with the property a owner/resident's preferences, if any, on location or placement of underground N installations (excluding aerial cable lines utilizing existing poles and existing cable L paths), consistent with sound engineering practices. Following performance of the work, Franchisee shall restore the private property as nearly as possible to its LL a� condition prior to construction, except for any change in condition not caused by w Franchisee. Any disturbance of landscaping, fencing, or other improvements on a� private property caused by Franchisee's work shall, at the sole expense of Franchisee, Page 8 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 27 4.C.b be promptly repaired and restored to the reasonable satisfaction of the property 3 owner/resident. n 3.7.3 Upon prior written notice from the City, Franchisee shall meet with the L City and other franchise holders to schedule and coordinate construction in the U- L Rights-of-Way. To minimize public inconvenience, disruption or damage, the Franchisee shall coordinate all construction locations, activities, and schedules as a� directed by the City. y x w 3.8 One Call Locator Service. Before doing any work in the Rights-of-Way, the o z Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all Applicable Laws regarding the One Call Locator Service pursuant to chapter 19.122 RCW. Neither the City nor its (9 N contractors, shall be liable for any damages to Franchisee's Facilities or for ,I, interruptions in service to Franchisee's Customers that are a direct result of Z Franchisee's failure to accurately locate its Facilities within the prescribed time limits U and guidelines established by the One Call Locator Service regardless of whether the L City issued a permit. o w 0 c 0 3.9 Restoration and Repair of Rights-of Wax. 3 3.9.1 Franchisee shall repair any damage to the Rights-of-Way, and the c property of any third party, after installation, construction, relocation, maintenance, N or repair of its Facilities or after abandonment approved pursuant to Section 15, N within 30 days following the date of any of these activities at Franchisee's sole cost as and expense. Franchisee shall restore the Rights-of-Way and the surface of the a� L Rights-of-Way to the same or better condition as it was immediately prior to any a installation, construction, relocation, maintenance, or repair by Franchisee. N Franchisee shall not be responsible for any changes to the Rights-of-Way not caused L by Franchisee or anyone doing work for Franchisee. 3.9.2 Franchisee agrees to complete all restoration work to the Franchise Area LL a� or other affected area at its sole costs and expense and according to the time and w terms specified in the construction permit issued by the City or other agreement. a� Franchisee also agrees to repair any damage caused by work to the Franchise Area E Page 9 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 28 4.C.b M within 14 days unless otherwise approved by the Director. All work by Franchisee 3 pursuant to this Franchise shall be performed in accordance with applicable City standards and shall be warranted for as long as Franchisee has Facilities within the L Rights-of-Way and also for undiscovered defects including the condition of the U_ L pavement surface altered by the installation, repair, relocation, or removal of Franchisee's Facilities. The warranty for Franchisee's work in a specified location will a� end if the City completes a Public Improvement modifying or altering the pavement y surface, such as: overlays, slurry seals, or chip seals. x w 3.9.3 If conditions (e.g., weather) make the complete restoration required o z under this Section 3 impracticable, Franchisee shall temporarily restore the affected Right-of-Way or property at its sole cost and expense to the City's satisfaction. Franchisee shall promptly undertake and complete the required permanent N restoration as soon as conditions no longer make permanent restoration � impracticable. Z 3.9.4 If Franchisee does not repair a Right-of-Way or an improvement in or U to a Right-of-Way within the time prescribed by this Section 3, the City may repair L the damage and shall be reimbursed its actual costs within 60 days of submitting an o w 0 itemized invoice to Franchisee in accordance with the provisions of Section 11. The o City may also bill Franchisee for any expenses associated with the inspection of this U repair work and for costs incurred by the City for delays impacting Public c Improvements. N M N S 3.10 Survey Monuments. No survey monument may be removed (or replaced) a� without a professional land surveyor obtaining a permit in advance from the E a� Washington State Department of Natural Resources and submitting a copy of the a approved permit to the City. Franchisee shall restore all concrete encased N monuments that will be disturbed or displaced by such work to City standards and 0 L specifications. The Director shall have final approval of the condition of the Rights- of-Way after repair or restoration by the Franchisee. U. a� a� N W 3.11 Trees. Franchisee may trim trees within the Right-of-Way so as to prevent the as branches of these trees from coming in contact with Franchisee's above ground E Page 10 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 29 4.C.b Facilities. Franchisee shall ensure that its tree trimming activities protect the 3 appearance, integrity, and health of the trees to the extent reasonably possible. n Franchisee shall be responsible for all debris removal from these activities. Nothing L in this Franchise grants Franchisee any authority to act on behalf of the City, to enter U_ L 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 a� parties' trees or natural growth caused by Franchisee's actions. y x w 3.12 Graffiti Removal. Franchisee shall remove all graffiti on any of its Facilities no 0 z later than 14 days from the date Franchisee receives written notice from the City or a� is otherwise made aware of the graffiti. Facilities installed above ground, such as cabinets, shall have their exterior surface wrapped with an anti-graffiti gloss N overlaminate. r LO 6 z SECTION 4. — Relocation of Facilities. U c c 4.1 Relocation Requirement. o 4.1.1 Franchisee agrees to protect, support, temporarily disconnect and then c c reconnect, relocate, or remove from any Rights-of-Way any of its Facilities when reasonably required by the City for Public Improvement. o L yr 4.1.2 If the City's request for relocation arises from a Public Improvement, in which Facilities must be either replaced or removed, then Franchisee shall relocate N 1* or remove its Facilities at its sole cost and expense, subject to the procedure in Section 4.3. Franchisee acknowledges and agrees that the placement of Facilities on E a) third party-owned or City owned structures does not convey an ownership interest in W a these structures. U 4.2 Design Locates. To facilitate the design of City street and Right-of-Way U_ L improvements, upon written request of the City, or a third party performing work in -2 U. the Right-of-Way, Franchisee shall, at its sole cost and expense, locate, and if a N determined necessary by the City, excavate, and/or survey its Facilities so that as w c the Facilities' location may be taken into account in the design of the improvements. E Page 11 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 30 4.C.b M The decision as to whether any Facilities need to be relocated to accommodate the 3 Public Improvement shall be made by the City. The Franchisee shall respond to the City's request for excavation and/or survey within 30 days. L U_ L 4.3 Notice and Relocation Procedure. If the City determines a Public Improvement necessitates the relocation of Franchisee's existing Facilities, the City shall: as a. At least 90 days before commencing the Public Improvement, provide y Franchisee with written notice requiring such relocation and a date by x w which relocation must be complete; except that in the event of an o z Emergency Situation, the City shall give Franchisee written notice as soon as practicable; and b. At least 90 days before commencing the Public Improvement, provide N Franchisee with copies of pertinent portions of the plans and � specifications for the improvement project and a proposed location for Z Franchisee's Facilities so that Franchisee may relocate its Facilities in U c other City Rights-of-Way in order to accommodate such improvement L project; and o w 0 C. After receipt of this notice and such plans and specifications, Franchisee o shall complete relocation of its Facilities by the date established in U accordance with this Section 4.3 at no charge or expense to the City, L except as otherwise provided by law. Relocation shall be accomplished N in such a manner as to accommodate the Public Improvement. N a� 4.4 Alternative Arrangements. The Franchisee may make its own appropriate E as L arrangements in response to a request for relocation of its Facilities from a Person or a entity other than the City, so long as any improvements being constructed are not or D M will not become City-owned, operated or maintained; except that any such L arrangements shall not unduly delay a City construction project. a� iL a� 4.5 Contractor Delay Claims. Franchisee shall be solely responsible for the out-of- w pocket costs incurred by the City for delays in a Public Improvement to the extent a� the delay is caused by or arises out of Franchisee's failure to comply with the final E Page 12 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 31 4.C.b M schedule for the relocation (other than as a result of a Force Majeure Event or causes 3 or conditions caused by the acts or omissions of the City or any third party unrelated n to Franchisee; Franchisee vendors and contractors shall not be considered unrelated L third parties). The out-of-pocket costs may include, but are not limited to, payment U_ L to the City's contractors and/or consultants for increased costs and associated court costs, interest, and reasonable attorneys' fees incurred by the City to the extent a� directly attributable to Franchisee's caused delay in the Public Improvement. y x 4.6 Moving of Buildings or Other Objects. Franchisee shall, on the request of any Y 0 individual or private entity holding a valid permit issued by a governmental authority, Z temporarily remove, raise or lower its Facilities to permit the moving of buildings or other objects. The expense of the temporary removal, raising or lowering of Facilities L c� shall be at the expense of the requestor. N r LO O 4.7 City's Costs. If Franchisee fails, neglects, or refuses to remove or relocate its Z U Facilities as directed by the City following the procedures outlined in this Section 4, the City may perform this work or cause it to be done, and the Franchisee shall pay o the City's costs in accordance with Section 11. c c 0 U SECTION 5. — Undergrounding of Facilities, o L yr 5.1 Underground Installation. Franchisee shall install all wires, cables, or other M N Facilities underground (unless specifically authorized by permit of the City) in the manner required by the City as described in chapter 7.10 Kent City Code ("KCC"), where all other utilities are required to underground. Unless otherwise permitted by a the City, Franchisee shall also underground its Facilities in all new developments and a a� subdivisions and in any development or subdivision where utilities are currently underground. U_ L 5.2 Future Requirement to Underground. If the City requires the undergrounding L a� of aerial utilities in any area of the City, Franchisee shall underground its aerial w Facilities in the manner specified by the City, concurrently with and in the area of the E Page 13 City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 32 4.C.b M other affected utilities, in a location approved by the City and at Franchisee's 3 expense. This requirement applies even if the City did not require the undergrounding n of Franchisee's Facilities at the time of a permit application and/or subsequent L construction. L 5.3 Utility Trench Access. Franchisee may be provided reasonable access to open a� utility trenches constructed as part of a Public Improvement, so long as this access y does not interfere with the City's placement of utilities or increase the City's costs. x w Franchisee shall pay the City's actual costs of providing Franchisee access to an open o z 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 the project. Franchisee shall reimburse the City in accordance with the provisions of Section 11. N r LO 5.4 Removal of Fiber. Franchisee shall not remove any underground cable or 6 conduit that requires trenching or other opening of the Rights-of-Way along the U extension of cable to be removed without a permit as may be required by Applicable L Laws. o w 0 c 0 SECTION 6. — Information, Inventory, and Records. U 0 L yr 6.1 Information Request. N 6.1.1 Franchisee shall supply and maintain updated, at no cost to the City, N any information reasonably requested by the City to coordinate its functions with the a� Franchisee's activities and fulfill any municipal functions under Applicable Laws. This a� L required information may include, but is not limited to, any installation inventory, 0' a location of existing or planned Facilities, maps, plans, operational data, and as-built N drawings of Franchisee's Facilities in the City. Franchisee shall warrant the accuracy L of all information provided to the City. a� 6.1.2 Within 30 days of a written request from the Director, but no more than LL a� once annually, the Franchisee shall furnish the City with information sufficient to w demonstrate: 1) that the Franchisee has complied with all applicable requirements of a� this Franchise; and 2) that all utility taxes due the City in connection with the E Page 14 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 33 4.C.b Franchisee's Services and Facilities have been properly collected and paid by the 3 Franchisee. L 6.2 Current Inventory. Franchisee shall maintain a current inventory of Facilities U- L throughout the Term of this Franchise. Franchisee shall provide to City a copy of the inventory report within 60 days of a reasonable request by the City. The inventory a� report shall include: a route map of those basic portions of the fiber system that are y 3 located within the Right-of-Way and be in a digital format and the vertical and x w horizontal location of the Facilities, including the height from the bottom of the pole o z to the fiber or depth below the finished surface. Franchisee shall cooperate with the City to furnish this information in an electronic mapping format compatible with the current City electronic mapping format using the approved City datum. N r LO 6.3 Inspection. All books, records, maps, and other documents maintained by 6 Franchisee with respect to its Facilities within the Rights-of-Way shall be made U available for inspection by the City at reasonable times and intervals; except that L nothing in this Section 6.3 shall be construed to require Franchisee to violate o w 0 Applicable Laws regarding customer privacy, nor shall this Section 6.3 be construed o to require Franchisee to disclose proprietary or confidential information without U adequate safeguards for its confidential or proprietary nature. Unless otherwise c permitted or required by Applicable Laws, nothing in this Section 6.3 shall be N construed as permission to withhold relevant customer data from the City that the N City requests in conjunction with a tax audit or review; except that Franchisee may a� redact identifying information such as names, street addresses (excluding City and a� L zip code), Social Security Numbers, or Employer Identification Numbers related to a any confidentiality agreements Franchisee has with third parties. N U 0 L 6.4 Public Records Act. Franchisee acknowledges that information submitted to the City is subject to the Washington Public Records Act, chapter 42.56 RCW, and is U. a� open to public inspection, subject to any exceptions permitted by Applicable Laws. w 6.4.1 Franchisee may identify documents submitted to the City that a� Franchisee believes are non-disclosable, such as trade secrets. Franchisee shall be Page 15 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 34 4.C.b M responsible for clearly and conspicuously identifying the work as confidential or 3 proprietary, and shall provide a brief written explanation as to why the information n is confidential and how it may be treated as such under Applicable Laws. The City L agrees to keep confidential any proprietary or confidential books or records to the U_ L extent permitted by Applicable Laws. 6.4.2 If the City receives a public records request under chapter 42.56 RCW a� or similar law for the disclosure of the documents or any part of the documents y ° Franchisee has designated as confidential, trade secret, or proprietary, the City shall x w provide Franchisee with written notice of the request, including a copy of the request o z before disclosure so that Franchisee can take appropriate steps to protect its interests. Nothing in this Section 6.4 prohibits the City from complying with chapter ° 42.56 RCW or any other Applicable Laws or court order requiring the release of public N 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 will not assert an 6 exemption from disclosure or production on Franchisee's behalf. U 6.4.3 The City shall comply with any injunction or court order obtained by L Franchisee that prohibits the disclosure of any such confidential records. If a higher 0 w 0 court overturns an injunction or court order and the higher court action is or has o become final and non-appealable, Franchisee shall reimburse the City for any fines 3 or penalties imposed for failure to disclose these records within 45 days of a request ° c from the City, unless additional time is reasonably necessary under the circumstances N and is agreed to by the Parties. N a� 6.5 Annual Audit. On an annual basis, upon 30 days' written notice, the City shall E a� L have the right to conduct an independent audit of Franchisee's records reasonably a related to the administration or enforcement of this Franchise, in accordance with N generally accepted accounting practices and any standards adopted by the L Governmental Accounting Standards Board. If the audit shows that tax or fee payments have been underpaid by 3% or more, Franchisee shall pay the total cost U. a� of the audit. N w :.o c a� E Page 16 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 35 4.C.b M SECTION 7. - Unauthorized Facilities. Any Facilities installed in the City 3 Right-of-Way that were not authorized under this Franchise or other required City n Approval ("Unauthorized Facilities") will be subject to the payment of an Unauthorized L Facilities charge by Franchisee. City shall provide written notice to Franchisee of any U- L Unauthorized Facilities identified by City staff and Franchisee shall have 30 days W, thereafter in which to establish that this installation was authorized or obtain the W applicable permit. Failure to establish that the installation is authorized will result in y the imposition of an Unauthorized Facilities charge in the amount of One Thousand x w Dollars ($1,000.00) per Unauthorized Facility per day starting on the 31st day. o z Franchisee may submit an application to the City under this Franchise for approval of the Unauthorized Facilities. If the application for the Unauthorized Facilities is denied, Franchisee shall remove the Unauthorized Facilities from the City's Right-of-Way N within 30 days after the expiration of all appeal periods for such denial. The City shall � not refund any Unauthorized Facilities charges, unless Franchisee is successful in an Z appeal. This Franchise remedy is in addition to any other remedy available to the City U at law or equity. L O W O SECTION 8. - Safety Requirements, o U 8.1 Safe Condition. Franchisee shall at all times, at its own expense, maintain its c Facilities in, over, under, and upon the Rights-of-Way in a safe condition, in good N repair, and in a manner suitable to the City. Additionally, Franchisee shall keep its N 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 a� L with City services. Upon reasonable notice to Franchisee, the City reserves the a general right to inspect the Facilities to evaluate if they are being maintained in a N safe condition. If an unsafe condition or a violation of this Section 8.1 becomes known L to the City, the City agrees to give Franchisee written notice of the condition and a� afford Franchisee a reasonable opportunity to repair the condition. If Franchisee fails iL a� to start to make the necessary repairs and alterations within a reasonable time frame w specified in the notice (and pursue the cure to completion), then the City may make a� the repairs or contract for them to be made. All costs, including administrative costs, Page 17 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 36 4.C.b M incurred by the City in repairing any unsafe conditions shall be borne by Franchisee 3 and reimbursed to the City. ° L 8.2 Additional Safety Standards. Additional safety standards include: U_ L a. Franchisee shall maintain all equipment lines and Facilities in an orderly manner, including, but not limited to, the removal of all bundles of a� unused cable. y ° b. All installations of equipment, lines, and ancillary Facilities shall be x w installed in accordance with industry-standard engineering practices and o z shall comply with all federal, State, and local regulations, ordinances, and laws. ` ° C. The Franchisee shall protect any opening or obstruction in the Rights- N of-Way or other public places made by Franchisee in the course of its ,I, operations with adequate barriers, fences, or boarding, the bounds of Z which, during periods of dusk and darkness, shall be clearly marked and U visible at night. L 0 W ° 8.3 Hazardous Substances. Franchisee shall not introduce or use any Hazardous o Substances,in violation of any Applicable Laws, nor shall Franchisee allow any of its U agents, contractors, or any Person under its control to do the same. Franchisee will ° c be solely responsible for and will defend, indemnify, and hold the City, its officers, N officials, employees, agents, and volunteers harmless from and against any claims, N costs, and liabilities including reasonable attorney fees and costs, arising out of or in a� connection with the cleanup or restoration of the property to the extent caused by a� L Franchisee's use, storage, or disposal of Hazardous Substances, whether or not a intentional, and the use, storage, or disposal of such substances by Franchisee's D M agents, contractors, or other Persons acting under Franchisee's control, whether or L not intentional. Franchisee shall have only that responsibility or liability for managing, a� monitoring, or abating a hazardous condition that it may have under state or federal U. a� law and this Franchise shall not be interpreted to expand Franchisee's legal w obligations relating to any pre-existing Hazardous Substances undisturbed by a� Franchisee. Page 18 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 37 4.C.b 3 SECTION 9. — Provision of Conduit. Except in Emergency Situations, n Franchisee shall provide the Director with at least 30 days' advance written notice of L any construction, relocation, or placement of ducts or conduits in the Rights-of-Way U_ L and provide the City an opportunity to request that Franchisee provide the City with additional duct or conduit, and related structures necessary to access the conduit a� pursuant to RCW 35.99.070 in one or more of the locations where Franchisee y 3 constructs, installs, or relocates Facilities underground. If so requested, the conduit x w shall be provided at Franchisee's incremental cost and per the terms of a separate o z agreement. Franchise shall install a locator wire and cap off all conduit ends. Conduit ends shall be marked on any as-built plans and maps requested pursuant to Section ° 6. Any conduit delivered to the City pursuant to this Section 9 will become property N of the City, and Franchisee will have no ongoing maintenance, liability, or other � obligations to the City or any third party with respect to the conduit. The City shall 6 make any request for conduit per this Section 9 request in writing before issuance of U the applicable permit to Franchisee. L 0 W ° SECTION 10. — Emergency Situations, o U 10.1 Immediate Action Required. In the event of any Emergency Situation in which ° c any of Franchisee's Facilities located in or under any street endangers the property, N life, health, or safety of any Person, entity or the City, or if Franchisee's construction N area is otherwise in such a condition as to immediately endanger the property, life, a� health, or safety of any Person, entity or the City, Franchisee shall immediately repair a� L its Facilities and cure or remedy the dangerous conditions for the protection of a property, life, health, or safety of any Person, entity or the City, without first applying N for and obtaining a permit as required by this Franchise. The Franchisee shall apply L for any necessary permits on the next day Kent City Hall is open for business. M iL as 10.2 Lateral Support. Whenever the construction, installation, or excavation of w Facilities authorized by this Franchise has caused or contributed to a condition that a� appears to substantially impair the lateral support of the adjoining street or public Page 19 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 38 4.C.b place, an adjoining public place, street utilities, City property, Rights-of-Way, or 3 private property (collectively "Endangered Property") or endangers the public, the Director may direct Franchisee, at Franchisee's own expense, to take reasonable L action to protect the Endangered Property or the public within a prescribed time. If U- L Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with the directions, or if an Emergency Situation exists that requires a� immediate action before the City can timely contact Franchisee to request Franchisee y effect the immediate repair, the City may enter upon the Endangered Property and x w take such reasonable actions as are necessary to protect the Endangered Property or o z the public. Franchisee shall be liable to the City for the costs of any such repairs in accordance with the provisions of Section 11. ,L^ V N 10.3 Reimbursement. Franchisee shall promptly reimburse the City in accordance � with the provisions of Section 11 for any and all costs the City reasonably incurs in Z response to any Emergency Situation involving Franchisee's Facilities, to the extent U this emergency is not the City's fault. The City agrees to simultaneously seek L reimbursement from any other franchisee or permit holder who caused or contributed o w 0 to the Emergency Situation. o U SECTION 11. — Recovery of Costs. c N 11.1 Franchise Costs. Franchisee shall reimburse the City for its actual and N documented administrative, legal, and other costs incurred in drafting and processing a� this Franchise and all work related thereto pursuant to RCW 35.21.860(1)(b). The a� L Franchisee shall also pay the cost of publication of this Franchise. No construction a permits shall be issued for the installation of Facilities authorized until the City has N U received this reimbursement. L U- L 11.2 Additional Costs. Franchisee shall further be subject to all permit fees LL a� associated with activities undertaken through the authority granted in this Franchise w or under the laws of the City. Where the City incurs costs and expenses for review, a� inspection, or supervision of activities, including but not limited to reasonable fees Page 20 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 39 4.C.b M associated with attorneys, consultants, City Staff and City Attorney time, undertaken 3 through the authority granted in this Franchise or any ordinances relating to the n subject for which a permit fee is not established, Franchisee shall pay these costs L and expenses directly to the City in accordance with the provisions of Section 11.4. U- L 11.3 City Project Costs. Franchisee shall reimburse the City for Franchisee's as proportionate share of all actual, identified expenses incurred by the City in planning, y ° constructing, installing, repairing, altering, or maintaining any City facility as the x w result of the presence of Franchisee's Facilities in the Rights-of-Way. These costs and o z 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. These costs and N expenses shall also include Franchisee's proportionate share of any time spent ,I, reviewing construction plans in order to either accomplish the relocation of 6 Franchisee's Facilities or the routing or rerouting of any utilities so as not to interfere U with Franchisee's Facilities. L 0 W ° 11.4 Payment of Costs. The time of City employees shall be charged at their o respective rate of salary, including overtime if applicable, plus benefits and U reasonable overhead. Any other costs will be billed proportionately on an actual cost ° c basis. All billings will be itemized so as to specifically identify the costs and expenses N for each project for which the City claims reimbursement. A charge for the actual N costs incurred in preparing the billing may also be included in the billing. Franchisee a� shall reimburse the City within 60 days of submittal by the City of an itemized billing a� L for costs incurred under this Section 11. a a� SECTION 12. — City"s Reservation of Rights, ° c ° L U- L 12.1 Franchise Fees. The City is not seeking to impose any franchise fee or similar U. a� compensation for the benefits and privileges granted under this Franchise and in w consideration of the permission to use the City's Rights-of-Way as of the effective a� date of this Franchise. However, the City reserves the right to impose a franchise fee Page 21 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 40 4.C.b M upon 120 days' notice to Franchisee, if it believes it is consistent with Applicable 3 Laws. Franchisee reserves the right to challenge the imposition of any such compensation if it believes it is inconsistent with Applicable Laws. Payment of a L franchise fee under this Franchise shall not exempt Franchisee from the payment of U- L any generally applicable fee, tax, or charge on the business, occupation, property, or income of Franchisee that may be imposed by the City. The City also reserves its as right to require that Franchisee obtain a separate franchise for a change in use, which y 3 franchise may include provisions intended to regulate Franchisee's operations as x w allowed under Applicable Law. Nothing contained within this Franchise shall preclude o z Franchisee from challenging any fee, this Franchise, or separate agreement under Applicable Laws. ,L^ V N 12.2 Utility Tax. Franchisee acknowledges that certain of its operations within the � City may constitute a telephone business subject to the utility tax imposed pursuant Z to chapter 3.18 KCC. Franchisee understands that RCW 35.21.870 currently limits U the rate of city tax upon telephone business activities to 6% of gross income (as that E L term is defined in chapter 3.18 KCC), unless a higher rate is otherwise approved. o w 0 Franchisee stipulates and agrees that certain of its business activities may be subject o to taxation as a telephone business and that Franchisee shall pay to the City the 3 applicable rate under chapter 3.18 KCC, and consistent with state and federal law. c The Parties agree however, that nothing in this Franchise shall limit the City's power N of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend chapter 3.18 KCC as may be permitted by law. a� Nothing in this Section 12.2 is intended to alter, amend, modify, or expand the taxes a� L and fees that may lawfully be assessed on Franchisee's business activities under this a Franchise under Applicable Laws. N U r- 0 L SECTION 13. — Indemnification; Liability. as U. as 13.1 General Indemnification. Franchisee shall indemnify, defend, and hold the w City, its officers, officials, boards, commissions, agents, and employees, harmless a� from any action or claim for injury, damage, loss, liability, cost or expense, including Page 22 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 41 4.C.b M court and appeal costs and reasonable attorneys' fees or reasonable expenses, 3 arising from any casualty or accident to Person or property, including, without limitation, damages in any way arising out of, or by reason of, any construction, L excavation, operation, maintenance, reconstruction, or any other act done under this U- L Franchise, by or for Franchisee, its agents, or its employees, or by reason of any neglect or omission of Franchisee. Franchisee shall consult and cooperate with the a� City while conducting its defense of the City under this Franchise. Franchisee shall y not be obligated to indemnify the City to the extent of the City's negligence or willful x w misconduct. r- 0 z 13.2 Indemnification for Relocation. Franchisee shall defend, indemnify, and hold 0 the City harmless for any damages, claims, additional costs or reasonable expenses N and attorneys' fees, including contractor construction delay damages, assessed LO against or payable by the City contributing to Franchisee's failure to remove, adjust, Z or relocate any of its Facilities in the Rights-of-Way in accordance with any relocation U required by the City, provided that Franchisee shall not be liable under this section if L Franchisee's failure to remove, adjust or relocate any of its Facilities is the result of o 4- 0 a Force Majeure Event or events beyond the control of Franchisee. o U 13.3 Procedures and Defense. If a claim or action arises, the City or any other c indemnified party shall promptly notify Franchisee of such claim or action and tender N the defense of the claim or action to Franchisee, which defense shall be at N Franchisee's expense. The City's failure to so notify and request indemnification shall as not relieve Franchisee of any liability that Franchisee might have, except to the extent a� L that such failure prejudices Franchisee's ability to defend such claim or suit. The City a may participate in the defense of a claim, but if Franchisee provides a defense at N Franchisee's expense then Franchisee shall not be liable for any attorneys' fees, L expenses, or other costs the City may incur if it chooses to participate in the defense of a claim, unless and until separate representation is necessary. Then, the provisions U. a� of Section 13.5 shall govern Franchisee's responsibility for City's attorney's fees, w expenses, or other costs. In any event, Franchisee may not agree to any settlement a� E Page 23 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 42 4.C.b of claims affecting the City without the City's consent, such consent not to be unreasonable withheld or delayed. L 13.4 Avoidance. Inspection or acceptance by the City of any work performed by L Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this Section 13. Whether a� Franchisee carries out any activities under this Franchise through independent �'-, contractors shall not constitute an avoidance of or defense to Franchisee's duty of x w defense and indemnification under this subsection. o z CU a� 13.5 Expenses. If separate representation to fully protect the interests of both r �a Parties is or becomes necessary, such as a conflict of interest between the City and N the counsel selected by Franchisee to represent the City, Franchisee shall pay, from LO v the date such separate representation is required forward, all reasonable expenses z6 incurred by the City in defending itself with regard to any action, suit, or proceeding subject to indemnification by Franchisee. Except that, if separate representation is or L becomes necessary, and the City desires to hire counsel or any other outside experts O 4- 0 or consultants and desires Franchisee to pay those expenses, then the City shall be o required to obtain Franchisee's consent to the engagement of such counsel, experts, or consultants, such consent not to be unreasonably withheld or delayed. The City's w c expenses shall include all reasonable out-of-pocket costs and expenses, such as N consultants' fees and court costs, but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the City by a� Franchisee, except in the event of a conflict of interest where such duplication may L be required. Each Party agrees to cooperate and to cause its employees and agents a to cooperate with the other Party in the defense of any claim or action. N c L 13.6 RCW 4.24.115. The Parties acknowledge that this Franchise is subject to RCW a� 4.24.115. Accordingly, in the event of liability for damages arising out of bodily injury U_ aD to Persons or damages to property caused by or resulting from the concurrent w negligence of Franchisee and the City, its officers, officials, employees, and a� volunteers, Franchisee's liability shall be only to the extent of Franchisee's E 0 Page 24 City of Kent - Ezee Fiber Texas, LLC Q Fiber Franchise Agreement Packet Pg. 43 4.C.b negligence. It is expressly understood that the indemnification provided constitutes 3 Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this n indemnification. This waiver has been mutually negotiated by the Parties. L LL L SECTION 14. — Insurance. 0 m 14.1 Policies. Franchisee shall maintain in full force and effect at its own cost and y ° expense each of the following policies of insurance: x w a. Commercial General Liability insurance with limits of no less than o z $5,000,000 per occurrence and $5,000,000 general aggregate. a� Coverage shall be at least as broad as that provided by ISO CG 00 01 ° 1/96 or its equivalent and include severability of interests. Such N insurance shall name the City, its officers, officials and employees as � additional insureds per ISO CG 2026 or its equivalent. There shall be a 6 waiver of subrogation and rights of recovery against the City, its officers, U officials and employees. Coverage shall apply as to claims between L insureds on the policy, if applicable. Coverage may take the form of a o w 0 primary layer and a secondary or umbrella layer, but the combination o of layers must equal $5,000,000 at a minimum. U b. Commercial Automobile Liability insurance with minimum combined ° c single limits of $5,000,000.00 each occurrence with respect to each of N Franchisee's owned, hired and non-owned vehicles assigned to or used N in the operation of the Facilities in the City. The policy shall contain a a� severability of interests provision. a� L C. Workers' Compensation coverage as required by the Industrial a Insurance laws of the State of Washington and employer's liability with D M a limit of $1,000,000 each accident/disease/policy limit. L If the Franchisee maintains broader coverage and/or higher limits than the minimums within this Section 14.1, the City requires and shall be entitled to the U. a� broader coverage and/or the higher limits maintained by the Franchisee. Any w available insurance proceeds in excess of the specified minimum limits of a� insurance and coverage shall be available to the City. Page 25 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 44 4.C.b 3 14.2 Deductibles. Any deductible of the policies shall not in any way limit n Franchisee's liability to the City. L U_ L 14.3 Requirements. All policies shall contain, or shall be endorsed so that: a. The City, its officers, officials, boards, commissions, employees, and a� agents are to be covered as, and have the rights of, additional insureds y with respect to liability arising out of activities performed by, or on x w behalf of, Franchisee under this Franchise or Applicable Laws, or in the o z construction, operation or repair, or ownership of the Network; b. Franchisee's insurance coverage shall be primary insurance with respect to the City, its officers, officials, boards, commissions, employees, and N agents. Any insurance or self-insurance maintained by the City, its ,I, officers, officials, boards, commissions, employees, and agents shall be 6 in excess of the Franchisee's insurance and shall not contribute to it; U and L c. Franchisee's insurance shall apply separately to each insured against o w 0 whom a claim is made or lawsuit is brought, except with respect to the o limits of the insurer's liability. U 0 L 14.4 Acceptability of Insurers. The insurance obtained by Franchisee shall be placed N with insurers with a Best's rating of no less than "A VII. ' N a� 14.5 Verification of Coverage. The Franchisee shall furnish the City with certificates E a� L of insurance and endorsements or a copy of the page of the policy reflecting blanket a additional insured status. The certificates and endorsements for each insurance policy N shall be signed by a Person authorized by that insurer to bind coverage on its behalf. L The certificates and endorsements for each insurance policy shall be on forms that a� are consistent with standard industry practices. LL a� a� N W 14.6 Maintenance of Insurance. Franchisee's maintenance of insurance as required as by this Section 14 shall not be construed to limit the liability of Franchisee to the E Page 26 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 45 4.C.b 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 2 policies required by this Franchise shall not be construed to excuse unfaithful L performance by Franchisee. L CU SECTION 15. — Abandonment of Franchisee's Telecommunications CD aD Network. Upon the expiration, termination, or revocation of the rights granted N under this Franchise, Franchisee shall remove all of its Facilities from the Rights-of- x w Way within 30 days of receiving written notice from the Director. The Facilities, in o z whole or in part, may not be abandoned by Franchisee without written approval by CU a� the City. Any plan for abandonment or removal of Franchisee's Facilities must be first r �a approved by the Director, and all necessary permits must be obtained before this N work. The plan for abandonment shall include a proposal and instruments for LO v transferring ownership to the City. Any Facilities that are not permitted to be z° abandoned in place and that are not removed within 30 days of receipt of City's notice may be removed by the City and the area restored at Franchisee's cost. Franchisee L shall pay these costs to the City within 30 days of receiving an invoice. If Franchisee O 4- 0 fails to pay the City within this timeframe, the City may avail itself of any remedy o available at law or equity. 0 L SECTION 16. — Bonds. N M N 16.1 Construction Guarantee. As a condition of performing work in the Right-of- a� Way, the timely, complete, and faithful performance of all construction work in the L Right-of-Way shall be guaranteed in an amount equal to 125% of the cost estimate a (prepared by a licensed contractor, professional engineer, or architect) of the N construction work, by either the Franchisee or the Franchisee's contractor performing L the actual construction work. The guarantee may be by performance bond or irrevocable letter of credit, or cash deposit, as may be determined by the Franchisee U- aD or the Franchisee's contractor. If Franchisee, in the sole judgment of the City, has a w history of corrections or defaults, Franchisee must provide the full guarantee by a� assignment of funds. These funds shall guarantee the following: (1) timely E 0 Page 27 City of Kent - Ezee Fiber Texas, LLC Q Fiber Franchise Agreement Packet Pg. 46 4.C.b completion of construction; (2) construction in compliance with all applicable plans, 3 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 L affected by the construction; (5) repair and restoration of any damage to public or U_ L private property caused by the construction; (6) submission of as-built drawings after W, completion of construction; and (7) timely payment and satisfaction of all claims, W demands, or liens for labor, materials, or services provided in connection with the y work that could be asserted against the City or City property. The guarantee must x w remain in full force until the completion of construction and/or any necessary repairs, o z 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 16.2. Compliance with the performance guarantee N requirement of the City's current Design and Construction Standards shall satisfy the T" provisions of this Section. 6 a) U 16.2 Maintenance Guarantee. Maintenance and the successful operation of L the Right-of-Way improvements shall be bonded for a period of at least two years (or o w 0 other period as required by Kent City Code) from the date of final construction o approval. The bond shall be in an amount to be determined by the City. The minimum U maintenance guarantee shall be Five Thousand Dollars ($5,000.00) or 20% of the c original performance construction guarantee as described in Section 16.1, whichever N is greater. At six-month intervals during this maintenance period, the City will inspect N the improvements and identify to Franchisee any noted deficiencies. Franchisee will a� have 30 days to correct any deficiencies. The satisfactory correction of the work may a� L commence a new two-year maintenance period for the improvements as corrected, a as determined by the City. The City will initiate collection against the financial N guarantee if deficiencies are not satisfactorily addressed by the end of the 30-day L response period. Compliance with the maintenance guarantee requirement of the City's current Design and Construction Standards shall satisfy the provisions of this U. a� Section 16.2. Original financial guarantee amounts described in Section 16.1 and this w Section 16.2 may be reduced one time only before the maintenance period, at the W discretion of the City. If an extension to any associated permits are granted, the Page 28 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 47 4.C.b M financial guarantees may be increased based on an updated engineer's cost estimate 3 or as determined by the City. Financial guarantees will be fully released only after all n final punchlist items are accomplished, final construction approval, and the elapse of L the two-year maintenance guarantee period with all corrective actions complete and U_ L accepted by the City. 0 m 16.3 Franchise Bond. Franchisee shall provide City with a bond in the amount of y Twenty-Five Thousand Dollars ($25,000.00) ("Franchise Bond") running or renewable x w for the term of this Franchise, in a form and substance reasonably acceptable to City. o z If Franchisee fails 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 N 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, Z and the cost of removal or abandonment of Facilities. Franchisee specifically agrees U that its failure to comply with the terms of this Section 16.3 will constitute a material L breach of this Franchise, subject to the notice and cure provisions of Section 17.2. o w 0 Franchisee further agrees to replenish the Franchise Bond within 30 days after written o notice from the City that the amount of the Franchise Bond is deficient. The amount U of the Franchise Bond shall not be construed to limit Franchisee's liability or to limit ° c the City's recourse to any remedy to which the City is otherwise entitled at law or in N M equity. N a� 16.4 Form of Bonds. All bonds provided to the City under this Section 16 shall be E a� L on forms provided by the City and with sureties registered with the Washington State a Insurance Commissioner or other financial institutions acceptable to the City. N M U r_ 0 L SECTION 17. — Remedies to Enforce Compliance. U. as 17.1 Reservation of Rights. w 17.1.1 In addition to the remedies provided in this Franchise, the City reserves a� the right to pursue any remedy available at law or in equity to compel or require Page 29 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 48 4.C.b M Franchisee and/or its successors and assigns to comply with the terms of this 3 Franchise. The pursuit of any right or remedy by the City shall not prevent the City W from thereafter declaring a revocation for breach of the conditions. L 17.1.2 All rights and remedies provided in this Franchise shall be in addition U_ L to and cumulative with any and all other rights and remedies available to either the W, City or Franchisee. These rights and remedies are not exclusive, and the exercise of W one or more rights or remedies may not be deemed a waiver of the right to exercise y 3 any other right or remedy at any time. Neither Party intends to waive any other x w rights, remedies, or obligations as provided by law, equity, or otherwise, and nothing o z contained in this Franchise shall be construed to effect any such waiver. 17.2 Procedure upon Breach. If either Party violates or fails to comply with any of N the provisions of this Franchise or a permit issued as required by Section 3.2, or fails � to heed or comply with any notice given under the provisions of this Franchise (the Z "Defaulting Party"), the other Party (the "Non-defaulting Party") shall provide the U Defaulting Party with written notice specifying with reasonable particularity the L nature of the breach and the Defaulting Party shall undertake all commercially 0 w 0 reasonable efforts to cure the breach within 30 days of receipt of notification. If the o Non-defaulting Party reasonably determines the breach cannot be cured within 30 U days, the Non-defaulting Party may specify a longer cure period, and condition the c extension of time on the Defaulting Party's submittal of a plan to cure the breach N within the specified period, commencement of work within the original 30-day cure N period, and diligent prosecution of the work to completion. a� E a� L If the breach is not cured within the specified time, or the Defaulting Party does not a comply with the specified conditions, the Non-Defaulting Party may pursue any N available remedy at law or in equity. Or if Franchisee has failed to timely cure the L breach, the City, at its sole discretion, may elect to: (1) terminate this Franchise pursuant to Section 2.2; (2) claim liquidated damages of Two Hundred Fifty Dollars LL a� ($250.00) per day against Franchisee (and collect from the Franchise Bond if w necessary) as an estimate for damages that the Parties understand will be difficult to W E Page 30 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 49 4.C.b calculate in the event of a default; or (3) extend the time to cure the breach if under the circumstances additional time is reasonably required. L SECTION 18. — Non-Waiver. The failure of either Party to insist upon strict w CU 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 aD waiver or relinquishment of any such covenants, agreements, or option or any other N covenants, agreements, or option. x w 0 z SECTION 19. — Police Powers and City Regulations. Nothing within this CU a, Franchise may be deemed to restrict the City's ability to adopt and enforce all r necessary and appropriate ordinances regulating the performance of the conditions N of this Franchise, including any valid ordinance made in the exercise of its police LO v powers in the interest of public safety and for the welfare of the public. The City shall z6 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 L maintenance of any Facilities by Franchisee, and Franchisee shall promptly conform 0 4- 0 with all such regulations, unless compliance would cause Franchisee to violate other 0 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 w c lawful police powers consistent with 47 U.S.C. § 253. In the event of a conflict N between the provisions of this Franchise and any other ordinance(s) enacted under CM the City's police power authority, the other ordinances(s) shall take precedence over a� this Franchise. L Q SECTION 20. — Acceptance. This Franchise may be accepted by Franchisee N by its filing with the City Clerk of an unconditional written acceptance, within 60 days L from the City's execution of this Franchise, in the form attached as Exhibit A. Failure a� of Franchisee to so accept this Franchise will constitute a rejection by Franchisee and U_ aD the rights and privileges granted shall cease. In addition, Franchisee shall file the w certificate of insurance and the additional insured endorsements obtained pursuant a� E 0 Page 31 City of Kent - Ezee Fiber Texas, LLC Q Fiber Franchise Agreement Packet Pg. 50 4.C.b to Section 14, any construction guarantees and bonds, if applicable, and the costs 3 described in Section 16. ° L SECTION 21. - Survival, All of the provisions, conditions, and requirements U- L in Sections 3, 4, 5, and 13 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, a� or by contract, and shall survive this Franchise, and any renewals or extensions, to y ° the extent provided. All of the provisions, conditions, regulations, and requirements x w contained in this Franchise shall further be binding upon the successors, executors, o z 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. N r LO SECTION 22. - Assignment and Changes of Ownership or Control. 6 a) U 22.1 Written Consent. Except as set forth below, neither Party may assign or CU transfer its rights or obligations under this Agreement, in whole or part, to a third o party, without the written consent of the other Party which shall not be unreasonably c c withheld, conditioned, or delayed. Any agreed upon assignee will take the place of ° U the assigning Party, and the assigning Party will be released from all of its rights and o L yr obligations upon such assignment. 22.1.1 Notwithstanding the foregoing, Franchisee may at any time, on written N notice to Municipality, assign this Agreement or any or all of its rights and obligations under this Agreement: E a. to any Affiliate of Franchisee; a b. to any successor in interest of Franchisee's business operations in N Municipality in connection with any merger, acquisition, or similar U ° transaction if Franchisee determines after a reasonable investigation U- L that the successor in interest has the resources and ability to fulfill the (D iL obligations of this Agreement; or N LU C. to any purchaser of all or substantially all of Franchisee's Network c Facilities in Municipality if Franchisee determines after a reasonable E Page 32 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 51 4.C.b M investigation that the purchaser has the resources and ability to fulfill 3 the obligations of this Agreement. n L The written notice required by this Section shall be 30 days before the closing of the U- L transaction under subsection a, and 90 days before the closing of any transaction under subsections b and c. In connection with any proposed transaction under a� subsections b and c, Franchisee shall cooperate with any requests from the City for y any information related to the legal, technical and/or financial ability of a proposed x w purchaser or successor in interest to comply with the terms of this Franchise. o z 22.2 Franchisee Responsibility. Following any assignment of this Agreement to an Affiliate, Franchisee will remain responsible for the Affiliate's performance under the N terms of this Agreement. � 0 z SECTION 23. - Eminent Domain. The existence of this Franchise shall not U c preclude the City from acquiring by condemnation in accordance with Applicable L Laws, all or a portion of Franchisee's Facilities for the fair market value. In o w 0 determining the value of Facilities, no value shall be attributed to the right to occupy o the area conferred by this Franchise. 3 0 L SECTION 24. - Vacation. If at any time the City, by ordinance and in N accordance with Applicable Laws, vacates all or any portion of the area affected by N this Franchise, the City shall not be liable for any damages or loss to the Franchisee a� by reason of the vacation. The City shall notify Franchisee in writing not less than 60 a� L days before vacating all or any portion of any such area. The City will, if practicable, a reserve an easement for Franchisee's Facilities under the same terms and conditions N M as this Franchise at the location vacated by City, and if not practicable, the City mayLL L after 60 days' written notice to Franchisee, terminate this Franchise with respect to such vacated area. LL a� a� N W SECTION 25. - Notice. Any notice or information required or permitted to as be given to the Parties under this Franchise shall be sent to the following addresses Page 33 City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 52 4.C.b M unless otherwise specified by personal delivery, overnight mail by a nationally 3 recognized courier, or by U.S. certified mail, return receipt requested and shall be n effective upon receipt or refusal of delivery: L U- CITY OF KENT a Attn: City Clerk ? 220 Fourth Avenue South Kent, WA 98032 .y 3 Company Address: x w EZEE FIBER TEXAS, LLC Z 14850 Woodham Dr., Ste. B-105 Houston, TX 77073 r c Attn: legal@ezeefiber.com (for notices) N r SECTION 26. - Compliance with all Applicable Laws. Each Party agrees 0 to comply with all Applicable Laws. This Franchise is subject to ordinances of general a) U applicability enacted pursuant to the City's police powers. Franchisee acknowledges that it shall be solely responsible for compliance with any applicable law or regulation o of the Federal Communications Commission ("FCC") to engage in business associated c c with use of the Rights-of-Way. U 0 L y.. SECTION 27. - Attorneys Fees. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, each Party shall pay all N 1* 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 E law; except that nothing in this section shall be construed to limit the City's right to a indemnification under Section 13 of this Franchise. N U 0 SECTION 28. - Licenses, Fees and Taxes. Before constructing any ii L Facilities or providing Services within the City, Franchisee shall obtain a business or -2 iL utility license from the City, if so required. Franchisee shall pay all applicable taxes 0 on personal property and Facilities owned or placed by Franchisee in the Rights-of- w c Way and shall pay all applicable license fees, permit fees, and any applicable tax E Page 34 City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 53 4.C.b unless documentation of exemption is provided to the City and shall pay utility taxes 3 and license fees properly imposed by the City under this Franchise. However, nothing n in this Franchise is intended to alter, amend, modify or expand the taxes and fees L that may lawfully be assessed on Franchisee's business activities under Applicable U- L Laws. 0 m SECTION 29. - Miscellaneous, y x 29.1 Entire Agreement. This Franchise constitutes the entire understanding and Y 0 agreement between the Parties as to the subject matter herein and no other Z agreements or understandings, written or otherwise, will be binding upon the Parties upon execution of this Franchise. L c� N r LO 29.2 Severability. If any section, sentence, clause, or phrase of this Franchise is 0 held to be invalid or unconstitutional by a court of competent jurisdiction, such a) U invalidity or unconstitutionality will not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Franchise unless such invalidity or o unconstitutionality materially alters the rights, privileges, duties, or obligations, in c c which event either Party may request renegotiation of those remaining terms of this Franchise materially affected by the court's ruling. o L yr 29.3 Authorized Signatories. The City and Franchisee respectively represent that N S their respective signatories are duly authorized and have full right, power, and authority to execute this Franchise on such Party's behalf. E a� L Q 29.4 Venue. This Franchise is governed by the laws of the State of Washington. N The United States District Court for the Western District of Washington, and King U 0 County Superior Court have proper venue for any dispute related to this Franchise. U- L LL 29.5 Section Headings. Section headings are intended solely to facilitate the N reading of this Franchise and may not affect the meaning or interpretation of the text w c within this Franchise. E Page 35 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 54 4.C.b 3 29.6 No Third-Party Beneficiaries. There are no third party beneficiaries to this n Franchise. L U- L 29.7 Enforcement. This Franchise may be enforced at both law and in equity. 0 m IN WITNESS WHEREOF, this Franchise is signed in the name of the City of y 3 Kent, Washington this day of , 2025. x w c 0 z ATTEST: CITY OF KENT, WASHINGTON r c 0 ,L^ V N r LO City Clerk Mayor z a) U APPROVED AS TO FORM: L 0 W 0 City Attorney U 0 L yr Accepted and approved this day of , 2025. N M N EZEE FIBER TEXAS, LLC as E as as L Q Name/Title: N U c 0 L U- L U. N w C N E t v Page 36 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 55 4.C.b 3 STATE OF WASHINGTON ) n ss. L County of King ) L I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the x of Ezee Fiber Texas, LLC to be free and voluntary acts of � such art for the uses and purposes mentioned in the instrument. ' party p P Z Dated this day of , 202_. r ,L^ V N r LO O Notary Public in and for the a) State of Washington residing at My commission expires L 0 W O V O L yr N M N r C d E N N L Q V L U- L U. N W C N E t v Page 37 ° City of Kent - Ezee Fiber Texas, LLC a Fiber Franchise Agreement Packet Pg. 56 4.C.b EXHIBIT A 3 a� STATEMENT OF ACCEPTANCE c EZEE FIBER TEXAS, LLC for itself, its successors and assigns, accepts and Ui agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached and incorporated by this reference. Ezee Fiber Texas, LLC declares that it has carefully read the terms and conditions of this Franchise and unconditionally o accepts all of the terms and conditions of the Franchise and agrees to abide by such terms and conditions. Ezee Fiber Texas, LLC 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 w Franchise. a 0 z c r EZEE FIBER TEXAS, LLC L c� N r By: Date: Name: z0 Title: U c c L 0 W 0 V 0 L yr N M N r C d E N N L Q V L U- L LL 4) a) N W C N E t v cC Q Packet Pg. 57 4.D ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, AICP, EDFP 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5454 DATE: January 21, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: Targeted Residential Investment Program - Agreement for The Suton - Authorize MOTION: I move to authorize the Mayor to sign a contract with SUT 565, LP granting an 8-year Multifamily Tax Exemption for The Suton apartment complex to be constructed in the Midway area of Kent, subject to final terms and conditions acceptable to the Economic & Community Development Director and City Attorney. SUMMARY: The Targeted Residential Investment Program provides an eight-year ad valorem property tax exemption for multifamily developments in Kent's targeted residential areas (Downtown or Midway). The Suton, a proposed 565-unit market- rate apartment complex to be constructed in the Midway area, has applied for a tax exemption consistent with the program criteria that targets increasing the supply of residential dwelling units within targeted urban centers. Although the City's Economic and Community Development (ECD) Director has confirmed the proposed project is eligible for the tax exemption, the Kent City Code requires that the City Council approve the contract terms that apply to the tax exemption before a conditional "certificate of acceptance" of the tax exemption may issue. Once a conditional certificate is issued, the developer will have three years to complete construction of the proposed project, unless a later extension is sought in accordance with the Kent City Code. A final certificate of tax exemption will be issued once construction is complete and a temporary or permanent certificate of occupancy is issued by the City. The property tax exemption will thereafter apply for eight years beginning on January 1 of the year immediately following the calendar year after issuance of the final certificate of tax exemption. MFTE HISTORY: In 1995, the Washington State Legislature originally created the multifamily tax exemption (MFTE), which authorized local governments to establish programs that granted a temporary property tax exemption to property owners who construct and rehabilitate residential dwelling units in an effort to stimulate new residential opportunities in urban areas. Shortly thereafter, in 1998, the City of Kent first established its multifamily tax exemption program, focusing on the development of residential dwelling units in Downtown Kent. Through the years, the program has been refined and currently includes urban centers in both Downtown and the Midway areas of Kent, as described in KCC 3.25.020(5). Packet Pg. 58 4.D Attracting residential growth to the downtown area and adjacent to high-capacity transit in Midway is a core tenant in the City of Kent's Comprehensive Plan, the Midway Subarea Plan, and the Economic Development Plan. Use of the multifamily property tax exemption has been common practice for development in the Puget Sound, including the City of Kent. It is the incentive offered by the temporary property tax exemption that often spurs development of multifamily dwelling units in Kent's urban centers. Not only does this development help Kent achieve its housing growth targets under its Comprehensive Plan, it also increases Kent's receipt of property tax revenues in the future after the temporary exemption expires. PROJECT OVERVIEW: The Suton is a 565-unit apartment development with a small commercial cafe proposed at 3101 S 240th St in the Midway Subarea of Kent. The proposed development is well above the minimum threshold required by state law and the Kent City Code to qualify for the tax exception, which require at least 50 percent permanent residential occupancy and no less than four new multifamily dwelling units. The property is currently undeveloped. The property is zoned MCR - Midway Commercial/Residential and the land use classification is TOC - Transit Oriented Center. The project has been reviewed and is consistent with the requirements of the Midway Design Guidelines, TRIP program in KCC 3.25, and applicable engineering and building standards. If this Agreement passes out of the Committee of the Whole on January 21, 2025, it will move forward for final action on that night's City Council agenda on the Consent Calendar. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Suton MFTE - Map (PDF) 2. The Suton - Multi-Family Housing Property Tax Exemption Agreement (PDF) Packet Pg. 59 4.D.a 4 � t •� O i L+ � N O w ) i H { dF Co 'a. F . t. ■ N ':� R W H LL C O 7 C O E t c.� R r Q Packet Pg. 60 4.D.b MULTIFAMILY HOUSING PROPERTY TAX EXEMPTION AGREEMENT (The Suton) ~ E THIS MULTIFAMILY HOUSING PROPERTY TAX AGREEMENT (hereinafter c "Agreement") is entered into on the last date signed below, by and between SUT a` 565, LP (hereinafter "Applicant"), and the CITY OF KENT, a municipal corporation (hereinafter "City"), and related to Applicant's development of The Suton, a E multifamily residential housing complex within a targeted residential area of the City. c I. Recitals a� 1.1 Applicant has applied to the City for an eight year property tax exemption as provided for in Chapter 84.14 of the Revised Code of Washington ("RCW") and Chapter 3.25 of the Kent City Code ("KCC") to construct multifamily residential housing within the City's residential targeted area, as defined in KCC 3.25.020. Applicant's proposed project meets the requirements of state and local law to qualify for the temporary property tax exemption and the Administrator of N the program, the City's Director of Economic and Community Development (hereinafter "Administrator"), has approved the application as meeting those � eligibility requirements. 0) 1.2 Applicant has submitted to the City an application and preliminary site plans and floor plans to construct 565 new market-rate multifamily housing units as Q c part of a mixed-use project known as The Suton (hereinafter "Project") on 0 property owned by the Applicant and located at 3101 S 240t" Street in the City of Kent, Washington, also referred to by King County Property Tax Parcel Numbers x 7790000005 and 22220499113, and more fully described in Exhibit 1 attached and W x incorporated by this reference (hereinafter "Property"). � 1.3 The City has determined that the Project will, if developed as a proposed, satisfy the requirements for issuance of a final certificate of tax a exemption, which provides a temporary exemption from property taxes consistent with the program as provided for under Ch. 3.24 KCC for a period of eight years N beginning January 1 of the year immediately following the calendar year after c issuance of the final certificate of tax exemption. _ 21 T 1.4 Once developed, the Project will also contribute and assist Kent in achieving its housing growth targets under the 2044 Comprehensive Plan adopted by the City Council on December 10, 2024, and serving as a new property tax revenue source after the temporary exemption expires. 0 m z Multifamily Housing Property Tax Page 1 of 10 m Exemption Agreement E (The Suton) r Q Packet Pg. 61 4.D.b a� NOW, THEREFORE, in consideration of the mutual promises herein, City and ~ Applicant do mutually agree as follows: E L II. Agreement o a r c 2.1 Conditional Certificate of Acceptance of Tax Exemption. The City E agrees, upon execution of this Agreement, and subject to approval by the City Council, to issue a conditional certificate of acceptance of tax exemption c (hereinafter "Conditional Certificate"), which shall expire three (3) years from the date of approval of this Agreement by the City Council, unless extended by the Administrator or their designee, as provided in KCC 3.25.090. a a� 2.2 Agreement to Construct Multifamily Housing. a� a� a. Applicant agrees to construct the Project on the Property substantially as described in the site plans and floor plans on file with the City's Economic and Community Development Department as of the date of the City 00 cm Council's approval of this Agreement, subject to such modifications thereto as may be required to comply with applicable codes and ordinances; provided, that in no event shall such construction provide fewer than four (4) new multifamily housing dwelling units designed for permanent residential occupancy and at least fifty percent (50%) of the space within the Project shall be intended for permanent residential occupancy. Q c 0 b. Applicant agrees to comply with all applicable zoning �- requirements, land use regulations, and building and housing code requirements, x including but not limited to the City's comprehensive plan, building, fire, housing, w and zoning codes, downtown design review guidelines, multifamily design review, and Midway design review if applicable (hereinafter, collectively, "Development Regulations"). The Project must comply with any other standards and guidelines a adopted by the City Council for the residential targeted area. Applicant further o agrees that approval of this Agreement by the City Council, its execution by the a a� Mayor, or issuance of a Conditional Certificate by the City pursuant to KCC 3.25.080 in no way constitutes approval of proposed improvements on the Property with c respect to applicable provisions of the City's Development Regulations or obligates21 = the City to approve proposed improvements to the Property. T C. Applicant agrees that the Project will be completed within three (3) years from the date of approval of this Agreement by the City Council, unless extended by the Administrator for cause as provided in KCC 3.25.090. 0 2.3 Requirements for Final Certificate of Tax Exemption. Applicant may, in upon completion of the Project and upon issuance by City of a temporary or Multifamily Housing Property Tax Page 2 of 10 m Exemption Agreement E (The Suton) r Q Packet Pg. 62 4.D.b permanent certificate of occupancy, request a final certificate of tax exemption (hereinafter "Final Certificate"). The request shall be filed with the Administrator, ~ and be accompanied by the following: E L a. A statement of expenditures made with respect to each a multifamily housing unit and the total expenditures made with respect to the entire Project and Property; and E r a� b. A description of the completed work and a statement of > qualification for the multifamily housing property tax exemption; and C. The total monthly rent, or total sale amount of each multifamily a housing unit rented or sold to date; and d. A statement that the Project was completed within the required three-(3) year period or any authorized extension, and documentation that the Project was completed in compliance with the terms of this Agreement; and � Co e. Any further information that the Administrator deems necessary or useful, pursuant to Chapter 84.14 RCW or Chapter 3.25 KCC, to evaluate the Project's eligibility for the Final Certificate. E 0 2.4 Agreement to Issue Final Certificate of Tax Exemption. The City agrees to file a Final Certificate with the King County Assessor within forty (40) days of a submission by the Applicant of all materials required by paragraph 2.3 above, if o Applicant has: aD a. Successfully completed the Project in accordance with the terms w of this Agreement and Chapter 3.25 KCC; and b. Filed a request for a Final Certificate with the Administrator and a submitted the materials described in paragraph 2.3 above; and o a C. Paid to the City a fee in the amount of one thousand dollars ($1,000); and 0 x d. Met all other requirements provided in Chapter 3.25 KCC for issuance of the Final Certificate. 2.5 Annual Certification and Report. Within thirty (30) days after the first one-year anniversary of the date the City issued the Final Certificate and each year thereafter for a total period of eight (8) years, Applicant agrees to file a notarized o declaration and annual report with the Administrator. The report shall contain such N aD 4J Multifamily Housing Property Tax Page 3 of 10 r_ aD Exemption Agreement E (The Suton) �a r Q Packet Pg. 63 4.D.b information as required by Chapter 84.14 RCW and as the Administrator may deem necessary or useful, and shall at a minimum include the following: , E a. A statement of the occupancy and vacancy of the multifamily c housing units during the twelve (12) months ending with the anniversary date; and a` c b. A certification that the multifamily housing units, Project, and E Property have not changed use since the date the City issued the Final Certificate; and c C. A statement that the multifamily housing units, Project, and Property continue to be in compliance with this Agreement and the requirements of a Chapter 84.14 RCW and Chapter 3.25 KCC; and d. A description of any improvements or changes to the Project a made after the City issued the Final Certificate; and e. The total monthly rent of each multifamily housing unit rented, 00 or the total sale amount of each multifamily housing unit sold to an initial purchaser N during the twelve (12) months ending with the anniversary date; and r c a� f. A breakdown of the number, type, and specific multifamily E housing units rented or sold during the twelve (12) months ending with the anniversary date; and a c 0 g. Any additional information requested by the Administrator a pursuant to meeting any reporting requirements under Chapter 84.14 RCW. E x w 2.6 No Violations for Duration of Exemption. For the duration of the X property tax exemption granted under Chapter 3.25 KCC, Applicant agrees that the ~ Project and the Property will have no violations of applicable zoning requirements, land use regulations, building code requirements or fire code requirements, for c which the applicable code enforcement officer, pursuant to Chapter 1.04 KCC, shall a have issued a correction notice, a notice of violation, or other notification that is not resolved by a voluntary correction agreement, certificate of compliance, certificate of release, withdrawal or other method that proves either compliance or that no = violation existed, within the time period for compliance, if any, provided in such 21 notice of violation, citation or other notification or any extension of the time period E for compliance granted by the code enforcement officer. 2.7 Notification of Transfer of Interest or Change in Use. Applicant agrees to notify the Administrator within thirty (30) days of any transfer of Applicant's o ownership interest in the Project, the Property, or any improvements made to the N Property. Applicant further agrees to notify the Administrator and the King County Multifamily Housing Property Tax Page 4 of 10 m Exemption Agreement E (The Suton) 0 r Q Packet Pg. 64 4.D.b Assessor in writing within sixty (60) days of any change of use of any or all of the multifamily housing units on the Property to another use. Applicant acknowledges , that such a change in use may result in cancellation of the property tax exemption E and imposition of additional taxes, interest, and penalty pursuant to state law. c L a 2.8 Cancellation of Exemption - Appeal. a� E a. The City reserves the right to cancel the tax exemption and revoke the Final Certificate if at any time the Administrator determines that the c multifamily housing units, the Project, or the Property no longer complies with the S terms of this Agreement or with the requirements of Chapter 3.25 KCC, or for any other reason no longer qualifies for a property tax exemption. a� b. If the property tax exemption is canceled for non-compliance, W Applicant acknowledges that state law requires that an additional real property tax is to be imposed in the amount of: [1] the difference between the property tax paid a� and the property tax that would have been paid if it had included the value of the nonqualifying improvements, dated back to the date that the improvements 00 became nonqualifying; [2] a penalty of twenty percent (20%) of the difference N calculated under [1] of this subsection b; and [3] interest at the statutory rate �- charged on delinquent property taxes, calculated from the last date the tax could have been paid without penalty if the improvements had been assessed without E regard to the exemptions provided by Chapter 84.14 RCW. Applicant acknowledges that, pursuant to RCW 84.14.110, any additional tax owed, together with interest a and penalty, shall become a lien on the Property and attach at the time the o Property or portion of the Property is removed from multifamily housing use, and a that the lien has priority to and must be fully paid and satisfied before a E recognizance, mortgage, judgment, debt, obligation, or responsibility to or with w which the Property may become charged or liable. Applicant further acknowledges X that RCW 84.14.110 provides that any such lien may be foreclosed in the manner provided by law for foreclosure of liens for delinquent real property taxes. a ° C. Upon determining that the tax exemption is to be canceled, the a Administrator shall notify the Applicant, along with any other owner of record, by certified mail, return receipt requested. The Applicant may appeal the determination in accordance with RCW 84.14.110 and KCC 3.25.130.B. ° x 21 2.9 Amendments. No modification of this Agreement shall be made unless E mutually agreed upon by the parties in writing and unless in compliance with the provisions of KCC 3.25.080.E, including but not limited to Applicant's payment of a five hundred dollars ($500) contract amendment fee. 2.10 Binding Effect. The provisions, covenants, and conditions contained in N this Agreement are binding upon the parties hereto and their legal heirs, Multifamily Housing Property Tax Page 5 of 10 m Exemption Agreement E (The Suton) r Q Packet Pg. 65 4.D.b representatives, successors, assigns, and subsidiaries, and are intended to run with the land. 17 E 2.11 Recording of Agreement. The Administrator shall cause this Agreement c to be recorded, at Applicant's expense, in the real property records of the King a` County Department of Records and Elections, along with any other documents as will identify such terms and conditions of eligibility for exemption as the E Administrator deems appropriate for recording. c 2.12 Audits and Inspection of Records. Applicant understands and agrees that City has the right to audit or review appropriate records to assure compliance with this Agreement and to perform evaluations of the effectiveness of the a multifamily housing property tax exemption program. Applicant agrees to make appropriate records available for review or audit upon seven (7) days' written notice by City. a� L 2.13 Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when hand-delivered within normal business 00 hours, when actually received by facsimile transmission, or two business days after N having been mailed, postage prepaid, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. E a) APPLICANT: W Q c 0 a E m x w Phone: Fax: Attention: >, as a 0 L CITY: a c City of Kent c Economic and Community Development = 220 Fourth Avenue South —>' Kent, WA 98032 Phone: (253) 856-5454 Fax: (253) 856-6454 , Attention: Planning Department 2.14 Severability. In the event that any term or clause of this Agreement o conflicts with applicable law, such conflict shall not affect other terms of this in a� Multifamily Housing Property Tax Page 6 of 10 m Exemption Agreement E (The Suton) r Q Packet Pg. 66 4.D.b Agreement that can be given effect without the conflicting terms or clause, and to this end, the terms of the Agreement are declared to be severable. , E IN WITNESS WHEREOF, the parties hereto have executed this Agreement on c the dates indicated below. a` c CITY OF KENT APPLICANT: E m c By: Dana Ralph By: Its: Mayor Its: Date: Date: a as r as a� L APPROVED AS TO FORM: 00 N N r.+ City Attorney as a� L Q 0 Y Q E 0 X W x m a 0 L IL .N 0 21 T C� G d Multifamily Housing Property Tax Page 7 of 10 m Exemption Agreement E (The Suton) r Q Packet Pg. 67 4.D.b STATE OF WASHINGTON ) ss. , COUNTY OF KING ) E L I certify that I know or have satisfactory evidence that Dana Ralph is the a 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 E 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. c Dated: a� a� -Notary Seal Must Appear Within This Box- r L IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 00 N N r.+ C d E N (Signature) tm NOTARY PUBLIC, in and for the State a of Washington, residing at o My appointment expires a) x W x m a 0 L .N 0 21 T C� G d Multifamily Housing Property Tax Page 8 of 10 m Exemption Agreement E (The Suton) r Q Packet Pg. 68 4.D.b STATE OF WASHINGTON ) ss. , COUNTY OF KING ) E L I certify that I know or have satisfactory evidence that a is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and E voluntary act for the uses and purposes mentioned in the instrument. c Dated: a� -Notary Seal Must Appear Within This Box- N m d' IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. a� 00 N N (Signature) NOTARY PUBLIC, in and for the State E of Washington, residing at My appointment expires a c 0 a E m x W x m a 0 L .N 0 21 T C� G O d Multifamily Housing Property Tax Page 9 of 10 m Exemption Agreement E (The Suton) r Q Packet Pg. 69 4.D.b a MULTIFAMILY HOUSING PROPERTY ~ TAX EXEMPTION AGREEMENT E (THE SUTON) o 0 EXHIBIT 1 r LEGAL DESCRIPTION as c SIERRA HOMES ADD # 3 VAC BLKS 1-2 & VAC STS & ALLEY PORTION OF NW QTR NW QTR AND OF N QTR SW QTR NW QTR STR 22-22- 04 LYING WLY OF PRIMARY STATE HIGHWAY NO 1 AS CONDEMNED IN KING CO SUPERIOR COURT CAUSE NO 535009 BY DECREE ENTERED 22 JULY CU 1959; EXC N 30 FT OF SAID NW QTR NW QTR FOR COUNTY ROAD (LESS POR TO CPSRTA PER SCC #20- 2-04848-8 KNT DATED 5-29-20) N N r C d E d L Q 0 Q E 0 K W K r L Q� Q 0 L 0 2 C� G 0 N 0 Multifamily Housing Property Tax Page 10 of 10 aD Exemption Agreement E (The Suton) a r Q Packet Pg. 70 4.E PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Julie Parascondola, CPRE, Director • KENT 220 Fourth Avenue South WASHINGTON Kent, WA 98032 253-856-5100 DATE: January 21, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: 2025-2026 Recreation Guide Printing/Mailing Services — Authorize MOTION: I move to authorize the Mayor to sign the Goods and Services Agreement with Consolidated Press, LLC., subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: In January of 2025, Consolidated Press LLC was selected through a competitive Request for Proposal process for the printing and mailing of the Kent Parks Recreation Guides for the City of Kent Parks Department. The contract will cover the printing and mailing of the Recreation Guides for Spring/Summer, Fall, and Winter throughout the 2025 and 2026 calendar years for a total of $86,700 per year. The City of Kent Parks Department works with the City of Kent Multimedia team to produce a quarterly Recreation Guide that promotes the seasonal program offerings and events coordinated by the Kent Parks Recreation team. Each guide also details pertinent information from other divisions within the City of Kent Parks Department (Riverbend Golf Complex, Park Planning & Development, Human Services, and Park Operations). Each quarter, the City of Kent Parks Department works with a vendor to print and mail a Recreation Guide to roughly 80,000 homes before seasonal registration opens. Approximately 78,000 guides are mailed to residences within the City of Kent and/or Kent School District boundaries; the remaining 2,000 guides are sent to homes in the surrounding cities of Kent who have participated in prior programs/events and have elected to receive a guide at their home. An additional 2,500 Recreation Guides are printed to distribute at City of Kent facilities (Kent Commons Community Center and Kent Senior Activity Center). The Kent Parks Recreation Guides are the Parks Department's largest marketing piece; the guides have consistently been the top marketing tool utilized by the City of Kent Parks Department over the past few decades and are pivotal to the promotion and subsequent success of each quarter. BUDGET IMPACT: None. Packet Pg. 71 4.E SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Consolidated Press LLC - Goods and Services Agreement (PDF) Packet Pg. 72 4.E.a KENT WISHING-1 N GOODS & SERVICES AGREEMENT between the City of Kent and Consolidated Press LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Consolidated Press LLC organized under the laws of the State of Washington, a located and doing business at 600 S Spokane Street, Seattle, WA 98134 (hereinafter the "Vendor"). .3 AGREEMENT c� 0 I. DESCRIPTION OF WORK. m L The Vendor shall provide the following goods and materials and/or perform the following services for the City: N O N LO As described in attached Exhibit A, incorporated herein, the vendor shall work with City of o Kent Parks staff and City of Kent Multimedia staff to provide printing services for the City of cm Kent Parks Program Guides for the Spring/Summer, Fall, and Winter guides produced in 2025 and 2026. N c a� E a� m L Q N The 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. cn c II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services [within] [the guide production schedules o provided by the City]. 0 i III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $200,000, v including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: N m L a. Net 30 0 c 0 U c E t U r Card Payment Program. The Vendor may elect to participate in automated credit card payments a provided for by the City and its financial institution. This Program is provided as an alternative to payment GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Packet Pg. 73 4.E.a by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. i If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the a option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately .2 make every effort to settle the disputed portion. Cn A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the c Vendor for any defective or unauthorized goods, materials or services. If the 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 the Vendor shall be liable to the City c for any additional costs incurred by the City. "Additional costs" shall mean all reasonable c costs, including legal costs and attorney fees, incurred by the City beyond the maximum a Agreement price specified above. The City further reserves its right to deduct these -0a additional costs incurred to complete this Agreement with other sources, from any and all '3 amounts due or to become due the Vendor. 0 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. m N O N IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Ln Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in N accordance with Ch. 51.08 RCW, the parties make the following representations: r M A. The Vendor has the ability to control and direct the performance and details of its C4 work, the City being interested only in the results obtained under this Agreement. a� B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. ;v Q 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 •2 retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that cn involved under this Agreement. c� D. The Vendor is responsible for filing as they become due all necessary tax documents o with appropriate federal and state agencies, including the Internal Revenue Service L9 and the state Department of Revenue. U J E. The Vendor has registered its business and established an account with the state J 0 Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the a State of Washington. a� F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. c 0 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. E z U VI. CHANGES. The City may issue a written amendment for any change in the goods, materials Q or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) Packet Pg. 74 4.E.a person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the 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 i reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall .2 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 u) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent c 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 VIII, Claims, below. c :r c The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate a acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for 3 contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. o r VII. FORCE MA7EURE. Neither party shall be liable to the other for breach due to delay or U failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is w prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both N parties represent to the other that at the time of signing this Agreement, they are able to perform as N required and their performance will not be prevented, hindered, or delayed by the current COVID-19 N pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose E performance is prevented or delayed shall promptly notify the other party of the existence and nature of W the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in Q performance and, provided, that the party prevented or delayed has not caused such event to occur and a continues to use diligent, good faith efforts to avoid the effects of such event and to perform the •2 obligation. W U) Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any -a costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. oo Performance that is more costly due to a force majeure event is not included within the scope of this Force c9 Majeure provision. U J If a force majeure event occurs, the City may direct the Vendor to restart any work or J N performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site a arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. 0 VIII. 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 E written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events Zr- giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should Q 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 GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) Packet Pg. 75 4.E.a 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, i items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN m 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 c BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following c information: L IL 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3 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 o 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. m B. Records. The Vendor shall keep complete records of extra costs and time incurred as a N result of the asserted events giving rise to the claim. The City shall have access to any of Lh the Vendor's records needed for evaluating the protest. N The City will evaluate all claims, provided the procedures in this section are followed. If the i City determines that a claim is valid, the City will adjust payment for work or time by an C4 equitable adjustment. No adjustment will be made for an invalid protest. �. c a� C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed E promptly to provide the goods, materials and services required by the City under this a� Agreement. Q a� D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor •2 also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). cn c c� 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 °o City any written or oral order (including directions, instructions, interpretations, and 0 determination). U J IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING J 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. a THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work ;a provided under this Agreement in accordance with the provisions of this Agreement. In addition to any to other warranty provided for at law or herein, this Agreement is additionally subject to all warranty 6 provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The 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 the Vendor's representations to City. The E Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the a existence or discovery of the defect. 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, GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) Packet Pg. 76 4.E.a the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. 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 i the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. 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 Cn Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national c origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who •Fa is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative c Policy 1.2. L a XII. INDEMNIFICATION. The 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 3 suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's L9 performance of this Agreement, except for that portion of the injuries and damages caused by the City's o negligence. L V The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. N 0 N IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION Ln PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL o INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES C1' FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. CO) N In the event the 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 w jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and a� reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful Q refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. cn XIII. 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. °o 0 XIV. WORK PERFORMED AT VENDOR'S RISK. The 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 J N be done at the Vendor's own risk, and the 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. a a� XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its t contractors and consultants to use recycled and recyclable products whenever practicable. A price � preference may be available for any designated recycled product. .. c as B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the E covenants and agreements contained in this Agreement, or to exercise any option conferred by this u Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a covenants, agreements or options, and the same shall be and remain in full force and effect. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) Packet Pg. 77 4.E.a 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 i 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 .2 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 u) award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's c right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at c 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 a 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. 3 c� E. Assignment. Any assignment of this Agreement by either party without the written consent ro- of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, a the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. m F. Modification. No waiver, alteration, or modification of any of the provisions of this N Agreement shall be binding unless in writing and signed by a duly authorized representative of the City N and the Vendor. N 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 w 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. Q 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 the Vendor's •2 business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of a) the performance of those operations. cn c c� I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the v, Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, c emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may c0 be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and L_)J obligations under the Public Records Act. J as J. City Business License Required. Prior to commencing the tasks described in Section I, a. Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any to number of counterparts, each of which shall constitute an original, and all of which will together constitute � this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. E U IN WITNESS, the parties below execute this Agreement, which shall become effective on a the last date entered below. All acts consistent with the authority of this Agreement and prior GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) Packet Pg. 78 4.E.a to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: rn a� By: By: Print Name: Print Name: Dana Ralph c Its Its Mayor a� c DATE: DATE: c •L a a� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: C9 c VENDOR: CITY OF KENT: 0 r W Brenda Monkewicz Haleigh Elliott Consolidated Press LLC City of Kent 600 S Spokane Street 220 Fourth Avenue South N Seattle, WA 98134 Kent, WA 98032 N LO (206) 447-9659 (telephone) (253) 856-5023 (telephone) N bmonk@consolidatedpress.com (email) helliott@kentwa.gov (email) M APPROVED AS TO FORM: r c a� E W Kent Law Department L a� Q ATTEST: aNi L U) Kent City Clerk 0 0 C9 [In this field,you may enter the electronic filepath where the contract has been saved] U J J N N d L CU 0 0 U c w E t U r Q GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) Packet Pg. 79 4.E.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY i N N V The City of Kent (City) is committed to conform to Federal and State laws regarding equal i opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who cn perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: c c • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. a 252), (prohibits discrimination on the basis of race, color, national origin); a .3 c� • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs o Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); ;v as • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for N Enforcement of Title VI of the Civil Rights Act of 1964). N LO N • Ch. 49.60 RCW (Washington Law Against Discrimination) N r M N The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and � Regulations". E The following statements specifically identify the requirements the City deems necessary for any L contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of Q all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives •2 outlined below, 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. c The statements are as follows: a 0 0 1. I have read the attached City of Kent administrative policy number 1.2. 1 U J 2. During the time of this Agreement I will not discriminate in employment on the basis of J sex, race, color, national origin, age, or the presence of all sensory, mental or physical a disability. a a� 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal `0- opportunity employer. o U 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. E U 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: a EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 80 4.E.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they 'i may be amended from time to time, which are herein incorporated by reference cn and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of L materials and leases of equipment. The contractor will not participate directly or a indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 0 r C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including N procurements of materials, or leases of equipment, each potential subcontractor or N supplier will be notified by the contractor of the contractor's obligations under this N contract and the Acts and the Regulations relative to non-discrimination on the N grounds of race, color, or national origin. M N D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will E permit access to its books, records, accounts, other sources of information, and its a facilities as may be determined applicable to contractor's contract by the City or the a) Washington State Department of Transportation to be pertinent to ascertain Q compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the cn Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. N 0 E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with 00 the non-discrimination provisions of this contract, the City will impose such contract U sanctions as it or the Washington State Department of Transportation may _J determine to be appropriate, including, but not limited to: 0 a. a� L a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 0 0 c F. Incorporation of Provisions: The contractor will include the provisions of 0 paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of 2 Transportation may direct as a means of enforcing such provisions including a sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 81 4.E.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. a� 6. During the performance of this contract, the contractor, for itself, its assignees, and 5 successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: c w c i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), a (prohibits discrimination on the basis of race, color, national origin); and 49 CFR .3 Part 21. c� ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of o 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or L whose property has been acquired because of Federal or Federal-aid programs and projects); W N iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits N discrimination on the basis of sex); N 0 iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; M V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), v (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as E amended, (prohibits discrimination based on race, creed, color, national origin, or 2) sex); a vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age a Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, o whether such programs or activities are Federally funded or not); 0 viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination U on the basis of disability in the operation of public entities, public and private -J transportation systems, places of public accommodation, and certain testing entities N (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation a regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and y sex); o U X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- E discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental a effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 82 4.E.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to •2 74100); cn xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) c L 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. :2 c� By signing below, I agree to fulfill the five requirements referenced above. o a� L V By. N For: N LO N Title: N r M Date: N C N E N N L Q N V d U) O /O V U J J N N d L a. Y O 0 U c E t U r Q EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 83 4.E.a CITY OF KENT ADMINISTRATIVE POLICY i N N V NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 a� c SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 9 c L APPROVED BY Dana Ralph, Mayor a as POLICY: 0 Equal employment opportunity and non-discrimination in contracting 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, N must take the following affirmative steps: N LO N 1. Provide a written statement to all new employees and subcontractors indicating N commitment as an equal opportunity employer. r M N 2. Actively consider for promotion and advancement available minorities and women. , c a� Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the E City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Q a� 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 o Works Departments to coordinate with the City's Title VI coordinator, and perform the following 0 duties for their respective departments. U J 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these 0 regulations are familiar with the regulations and the City's equal employment opportunity a policy. a a� 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 2 0 c 0 U c E t U r Q EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 84 EXHIBIT A 4.E.a V V11�7VIIYQLiiM 1 Ili r7.7 VVV ucuvLar`1v1 1 600 S Spokane St 36712 Seattle,WA 98134 rrrtir! Phone: (206)447-9659 1 .ffWt;'vV 5WVUQPN In alit to Fax: (206)447-9477 http:ltwww.consolidatedpress.com > L tip 'o: Date 12/31/24 c Salesperson Kandy Hruby =_ ;ity of Kent 20 4th Avenue South Cent,WA 98032 w 3hone: (253)856-5056 L :ax: (253)856-4700 li tv C9 c thank you for the opportunity to quote this project. The prices below are based on the specifications indicated. ° (v Project specifications and pricing below. L v d )ascription Park Program Guides 2025 RFP :final Size 8.25 x 10.75 N ?aper 8t Ink 40#Gloss, 70 Bright-4CP all pages- bleed N 2repress Preflight, Computer Time, Content&Color Proof, PDF proof only to Client N tress Web N =finishing Saddle Stitch, 2,500 bundle, balance skid for mailing services, 1%Unders/1%Overs Shipping Deliver 2,500 bundled copies to Kent Commons-525 4th Ave N, Kent,WA 98032 (253-856-5000) N v Drices 48 pages self cover = Quantity Prices Per Addl M Total Price E 82,500 $24,962.03 $255.1519 $24,962.03 56 Page Self Cover a, Quantity Prices Per Addl M Total Price Q 82,500 $32,274.75 $325.3843 $32,274.75 64 Page Self Cover L Quantity Prices Per Addl M Total Price 82,500 $34,935.29 $358.6696 $34,935.29 5% Maximum Paper increase with advance notice and to Inkjet-Upload 1 File, NCOA, CASS, presort, Inkjet, USPS Documentation, Deliver to Kent PO o Quantity Prices Per Addl M Total Price 0 2,000 $382.06 $88.4467 $382.06 1 Simplified (Bundle/top sheet), USPS Documentation, Deliver to Kent PO � Quantity Prices Per Addl M Total Price N 78,000 $1,099.94 $12.967 $1,099.94 CU <andy Hruby :2 Z06-227-0948 Mobile o chruby@consolidatedpress.com o U Quotations are based on the specificetlons above. � CP may revise the quote when the Job is submitted if the spgc ficatbns do not match the original information on which the quote was based. Terms are 50%down and balance C.O.D.unless prior arrangements have been made with the accounting department. E Service tee of 3%for credit card payments.Pdcing is valid for 30 days.Past due invoices wfll be charged interest at 1.5%per month. t Over-runs and undera ins will not exceed the order quantity by more than 5%unless otherwise noted above. V R Page 1 of 2 Q Packet Pg. 85 4.E.a Exhibit B , Insurance Requirements Insurance cn Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which 2 may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or a subcontractors. .3 A. Minimum Scope of Insurance 0 r Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance N Services Office (ISO) occurrence form CG 00 01 and shall cover N liability arising from premises, operations, independent contractors, o products-completed operations, personal injury and advertising injury, cm and liability assumed under an insured contract. The Commercial M General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General E Liability insurance policy with respect to the work performed for the L City using ISO additional insured endorsement CG 20 10 11 85 or a a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall v, be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the c liability limits as required in this Agreement. This form of insurance will 0 be acceptable if all the Primary and Umbrella or Excess Policies shall 0 provide all the insurance coverages herein required. The Umbrella or _J Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the a underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property y damage liability coverage for all automobiles/vehicles used in the 0 performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability a Packet Pg. 86 4.E.a coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3 L Workers' Compensation coverage for the employees of Contractor and cn subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance w _ •L a Contractor shall maintain the following insurance limits: .3 Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, r and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. N Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 N Waiver of Subrogation o N Automobile Liability insurance with a minimum combined single limit M for bodily injury and property damage of $1,000,000 per occurrence. r If the Contractor maintains broader coverage and/or higher limits than the E minimums shown above, the City requires and shall be entitled to the L broader coverage and/or the higher limits maintained by the Contractor. a Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy L limits may be obtained with excess liability (umbrella) insurance. cn _ C. Other Insurance Provisions N 0 0 The insurance policies are to contain, or be endorsed to contain, the following provisions: J J 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or a insurance pool coverage maintained by the City shall be in CU excess of the Contractor's insurance policies and shall not :2 contribute to the Contractor's insurance policies. 0 _ 0 2. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days E before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the r a Packet Pg. 87 4.E.a City with written notice of cancellation forty-five (45) days , before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of L cancellation endorsement, the Contractor must notify the City of cn any cancellation, non-renewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all w policies (except Professional Liability) with respect to work a performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an 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. r The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is N brought, except with respect to the limits of the insurer's N liability. o N D. Acceptability of Insurers M N Insurance is to be placed with insurers with a current A.M. Best rating of not = less than A:VII. E aD aD L E. Verification of Coverage a Contractor shall furnish the City with original certificates and a copy of the L amendatory endorsements, including but not necessarily limited to the cn additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor S fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. J J F. Subcontractors L Contractor shall include all subcontractors as insureds under its policies or CU shall furnish separate certificates and endorsements for each subcontractor. :2 All coverage for subcontractors shall be subject to all the same insurance y requirements as stated herein for the Contractor. o U c E t V r Q Packet Pg. 88 KPLLCOM-01 4.E.a '4coRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/14/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZE[ I REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. to N IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed .� If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OG66614 CONTACT )One Risk Group,LLC DBA:One Risk Management&Insurance Services PHONE FAX 2000 Crow Canyon PI,Suite 160 (A/C,No,Ext): (925)226-7350 (A/C,No):(925)226-7380 — San Ramon,CA 94583 ADDRIESS:Certificates@oneriskgroup.com INSURERS AFFORDING COVERAGE NAIC# tM INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B:Sentinel Insurance Company Ltd 11000 L Consolidated Press LLC INSURER C: IL c/o KP LLC a� 13951 Washington Avenue INSURER D: a San Leandro,CA 94578 INSURER E: O (0 INSURER F: C COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI y INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! L V CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS N EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD YYY MM DD YYY NC A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 N CLAIMS-MADE X OCCUR P-630-3D449614-TIL-24 7/1/2024 7/1/2025 DAMAGE TO RENTED 300,1 In X X PREMISES Ea occurrence $ N MED EXP(Any oneperson) $ 5,1 N PERSONAL&ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 M N X POLICY El PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,1 S OTHER: WA STOP GAP EL $ 1,000,1 A COMBINED SINGLE LIMIT 1 000,1 N AUTOMOBILE LIABILITY Ea accident $ ' E X ANY AUTO X BA-2NO25575-24-43-G 7/1/2024 7/1/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED L AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE P act $ AUTOS ONLY AUTOS ONLY er ciden N $ W A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ To—, .V EXCESS LIAB CLAIMS-MADE CUP-7J779123-24-43 7/1/2024 7/1/2025 AGGREGATE $ 10,000,1 y DED X RETENTION$ 0 PCO Aggregate $ 10,000,1 B WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ERH ANY PROPRIETOR/PARTNER/E Y/N 57WE BG8SSZ 7/1/2024 7/1/2025 E.L.EACH ACCIDENT $ 1,000,1 to XECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A E.L.DISEASE-EA EMPLOYEE $ 1,000,1 p If yes,describe under 1,000,1 O DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 0 I U J J N DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Kent is additional insured to the extent provided in the attached form.Primary wording to the extent provided in the attached form.Waiver of Subrogation applies to General Liability to the extent provided in the attached form. IIL N O to C O CERTIFICATE HOLDER CANCELLATION U c SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI The City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It t Y ACCORDANCE WITH THE POLICY PROVISIONS. V 220 4th Avenue South tea Kent,WA 98032 Q AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 89 4.E.a COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , N N V BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations if Required By Contract) Cn, This endorsement modifies insurance provided under the following: a� COMMERCIAL GENERAL LIABILITY COVERAGE PART c L IL PROVISIONS (1) Any "bodily injury", "property damage" or :2 The following is added to SECTION II — WHO IS AN "personal injury" arising out of the providing, INSURED: or failure to provide, any professional r- architectural, engineering or surveying Any person or organization that you agree in a services, including: written contract or agreement to include as an g: ;v additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, c "property damage" that occurs, or for "personal field orders or change orders, or the LO injury" caused by an offense that is committed, preparing, approving, or failing to c subsequent to the signing of that contract or prepare or approve, drawings and `IA agreement and while that part of the contract or specifications; and M agreement is in effect; and 04 b. If, and only to the extent that, such injury or (b) Supervisory, inspection, architectural or S engineering activities. �. damage is caused by acts or omissions of you or your subcontractor in the performance of "your (2) Any "bodily injury" or "property damage" E work" to which the written contract or agreement caused by "your work" and included in the L applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement N the independent acts or omissions of such specifically requires you to provide such 2 person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. to subject to the following provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum limits required by the written contract or (1) Give us written notice as soon as practicable t0 agreement, the insurance provided to the of an "occurrence" or an offense which may a additional insured will be limited to such result in a claim. To the extent possible, such V minimum required limits. For the purposes of notice should include: J determining whether this limitation applies, the (a) How, when and where the "occurrence" ui minimum limits required by the written contract or or offense took place; agreement will be considered to include the a minimum limits of any Umbrella or Excess (b) The names and addresses of any injured � liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. — (c) The nature and location of any injury or o This provision will not increase the limits of W damage arising out of the "occurrence" r- insurance described in Section III — Limits Of or offense. 0 Insurance. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: E z U r Q CG D2 46 04 19 ©2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Packet Pg. 90 4.E.a COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the (4) Tender the defense and indemnity of any l claim or"suit" and the date received; and claim or "suit" to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional V to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit" as soon as practicable. condition does not affect whether the a� insurance provided to such additional c (3) Immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit', and otherwise Other Insurance, of Section IV — Commercial a comply with all policy conditions. General Liability Conditions. .3 0 r m L V NN� L7� N O N LO N O N r M N C N E N (D L Q N V d U) O /O V U J J to N d L a. Y O 0 U c E t U r Q Page 2 of 2 ©2018 The Travelers Indemnity Company.All rights reserved. CG D2 46 04 19 Packet Pg. 91 4.E.a COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon 0) limit of insurance or none of the loss remains, your representations. 9 whichever comes first. The unintentional omission of, or unintentional error `° If any of the other insurance does not permit in, any information provided by you which we relied a� contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision L share is based on the ratio of its applicable limit does not affect our right to collect additional a- of insurance to the total applicable limits of premium or to exercise our rights of cancellation or :2 insurance of all insurers. nonrenewal in accordance with applicable insurance 3 0 d. Primary And Non-Contributory Insurance If laws or regulations. r_ Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or m Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to Q other insurance that is available to such insured a. As if each Named Insured were the only ,n which covers such insured as a named insured, Named Insured; and N and we will not share with that other insurance, b. Separately to each insured against whom claim cm provided that: is made or"suit" is brought. M 04 (1) The "bodily injury' or "property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, Q agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage Cn Part in accordance with our rules and rates. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal -a advance premium is a deposit premium only. At not less than 30 days before the expiration date. °o the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient 0 the earned premium for that period and send proof of notice. V notice to the first Named Insured. The due date for audit and retrospective premiums is the date SECTION V—DEFINITIONS � shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or ui the advance and audit premiums paid for the published to the general public or specific market . a policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material ,°� the information we need for premium placed on the Internet or on similar electronic o computation, and send us copies at such times means of communication; and V as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services E By accepting this policy,you agree: for the purposes of attracting customers or U supporters is considered an advertisement. f° Q Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Packet Pg. 92 4.E.a COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , N N V XTEND ENDORSEMENT FOR SERVICE INDUSTRIES Cn This endorsement modifies insurance provided under the following: _ COMMERCIAL GENERAL LIABILITY COVERAGE PART a� GENERAL_ DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be •7 excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions a a) do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a :a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties,and what is and is not covered. 0 A. Who Is An Insured—Unnamed Subsidiaries G. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To L B. Who Is An Insured — Employees And Volunteer Premises Workers — Bodily Injury To Co-Employees And H. Blanket Additional Insured �- Governmental Co-Volunteer Workers N Entities — Permits Or Authorizations Relating To C. Who Is An Insured — Newly Acquired Or Formed Operations Cn Limited Liability Companies I. Blanket Additional Insured — Grantors Of c N D. Blanket Additional Insured — Broad Form Franchises Vendors J. Incidental Medical Malpractice N E. Blanket Additional Insured — Controlling Interest K. Blanket Waiver Of Subrogation F. Blanket Additional Insured — Mortgagees, c Assignees, Successors Or Receivers E a� m L b. After the date, if any, during the policy period Q PROVISIONS rn that you no longer maintain an ownership A. WHO IS AN INSURED — UNNAMED interest of more than 50% in such subsidiary. SUBSIDIARIES For purposes of Paragraph 1. of Section II —Who The following is added to SECTION II — WHO IS Is An Insured, each such subsidiary will be 'D AN INSURED: deemed to be designated in the Declarations as: c_a Any of your subsidiaries, other than a partne rship a• A limited liability company; o or joint venture, that is not shown as a Named b. An organization other than a partnership, G ointventure or limited liability company; or I Insured in the Declarations is a Named Insured 1 Y P Y� , if: c. A trust; J a. You are the sole owner of, or maintain an as indicated in its name or the documents that J ownership interest of more than 50% i n,such govern its structure. subsidiary on the first day of the policy B. WHO IS AN INSURED — EMPLOYEES AND a period; and VOLUNTEER WORKERS — BODILY INJURY as b. Such subsidiary is not an insured under TO CO-EMPLOYEES AND CO-VOLUNTEER similar other insurance. WORKERS — The following is added to Paragraph 2.a.(1) of r°n No such subsidiary is an insured for "bodily c injury" or "property damage" that occurred, or SECTION II —WHO IS AN INSURED: V "personal and advertising injury" caused by an Paragraphs (1)(a), (b) and (c) above do not offense committed. apply to "bodily injury" to a co-"employee" while (D in the course of the co-"employee's" employment E a. Before you maintained an ownership interest by you or performing duties related to the of more than 50% i n such subsidiary; or conduct of your business, or to "bodily injury" to Q CG D4 67 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 93 4.E.a COMMERCIAL GENERAL LIABILITY your other "volunteer workers" while performing D. BLANKET ADDITIONAL INSURED -- BROAD duties related to the conduct of your business. FORM VENDORS C. WHO IS AN INSURED — NEWLY ACQUIRED The following is added to SECTION II —WHO IS OR FORMED LIMITED LIABILITY COMPANIES AN INSURED: Cn The following replaces Paragraph 3. of Any person or organization that is a vendor and a) you ou have agreed in a written contract or E SECTION II —WHO IS AN INSURED: 9 — 3. Any organization you newly acquire or form, agreement to include as an additional insured on other than a partnership or joint venture, and this Coverage Part is an insured, but only with of which you are the sole owner or in which respect to liability for "bodily injury" or "property you maintain an ownership interest of more damage" that: a L than 50%, will qualify as a Named Insured if a. Occurs subsequent to the signing of that there is no other similar insurance available contract or agreement; and 3 to that organization. However: b. Arises out of your products that are a. Coverage under this provision is distributed or sold in the regular course of afforded only: such vendor's business. L (1) Until the 180th day after you acquire The insurance provided to such vendor is subject or form the organization or the end to the following provisions: of the policy period, whichever is o earlier, if you do not report such a The limits of insurance provided to such organization in writing to us within vendor will be the minimum limits that you LO 180 days after you acquire or form it; agreed to provide in the written contract or N or agreement, or the limits shown in the _ Declarations, whicheverare less. M N (2) Until the end of the policy period, � when that date is later than 180 da ys b. The insurance provided to such vendor does after you acquire or form such not apply to: organization, if you report such (1) Any express warranty not authorized by organization in writing to us within you or any distribution or sale for a 180 days after you acquire or form it; purpose not authorized by you; Q rn b. Coverage A does not apply to "bodily (2) Any change in "your products" made by injury" or "property damage" that such vendor; occurred before you acquired or formed cn the organization; and (3) Repackaging, unless unpacked solely for 'D the purpose of inspection, c. Coverage B does not apply to "personal demonstration, testing, or the and advertising injury" arising out of an substitution of parts under instructions °o offense committed before you acquired from the manufacturer, and then 0 or formed the organization. repackaged in the original container; I U For the purposes of Paragraph 1. of Section (4) Any failure to make such inspections, � II — Who Is An Insured, each such adjustments, tests or servicing as N organization will be deemed to be vendors agree to perform or normally designated in the Declarations as: undertake to perform in the regular a a. A limited liability company; course of business, in connection with 4) the distribution or sale of "your b. An organization, other than a products"; o partnership, joint venture or limited liability company; or (5) Demonstration, installation, servicing or o c. A trust; repair operations, except such c.) operations performed at such vendor's as indicated in its name or the documents premises in connection with the sale of a) that govern its structure. your products"; or z U r Q Page 2 of 5 ©2017 The Travelers Indemnity Company. All rights reserved. CG D4 67 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 94 4.E.a COMMERCIAL GENERAL LIABILITY (6) "Your products" that, after distribution or a. Is "bodily injury" or "property damage" that 1 sale by you, have been labeled or occurs, or is "personal and advertising injury" V) relabeled or used as a container, part or caused by an offense that is committed, V ingredient of any other thing or subsequent to the signing of that contract or substance by or on behalf of such agreement; and cn vendor. b. Arises out of the ownership, maintenance or Coverage under this provision does not apply to: use of the premises for which that = a. Any person or organization from whom you mortgagee, assignee, successor or receiver have acquired "your products", or any is required under that contract or agreement c ingredient, part or container entering into, to be included as an additional insured on accompanying or containing such products; this Coverage Part. L or The insurance provided to such mortgagee, b. Any vendor for which coverage as an assignee, successor or receiver is subject to the 2 additional insured specifically is scheduled following provisions: 0 by endorsement. a. The limits of insurance provided to such r- 0 E. BLANKET ADDITIONAL INSURED — mortgagee, assignee, successor or receiver CONTROLLING INTEREST will be the minimum limits that you agreed to ;v provide in the written contract or agreement, 1. The following is added to SECTION II — or the limits shown in the Declarations, WHO IS AN INSURED: whichever are less. N Any person or organization that has financial b. The insurance provided to such person or N control of you is an insured with respect to organization does not apply to: LO N liability for "bodily injury", "property damage" o or "personal and advertising injury" that (1) Any "bodily injury" or "property damage" N arises out of: that occurs, or any "personal and r advertising injury" caused by an offense N a. Such financial control; or that is committed, after such contract or S b. Such person's or organization's agreement is no longer in effect; or ownership, maintenance or use of (2) Any "bodily injury", "property damage" or E premises leased to or occupied by you. It aD personal and advertising injury" arising The insurance provided to such person or out of any structural alterations, new organization does not apply to structural construction or demolition operations Q alterations, new construction or demolition performed by or on behalf of such operations performed by or on behalf of such mortgagee, assignee, successor or V person or organization. receiver. m 2. The following is added to Paragraph 4. of G. BLANKET ADDITIONAL INSURED — U) SECTION II—WHO IS AN INSURED: GOVERNMENTAL ENTITIES — PERMITS OR This paragraph does not apply to any AUTHORIZATIONS RELATING TO PREMISES premises owner, manager or lessor that has The following is added to SECTION II --WHO IS °o financial control of you. AN INSURED; 0 F. BLANKET ADDITIONAL INSURED — 1 Any governmental entity that has issued a permit V MORTGAGEES, ASSIGNEES, SUCCESSORS or authorization with respect to premises owned —J OR RECEIVERS or occupied by, or rented or loaned to, you and rn The following is added to SECTION II — WHO IS that you are required by any ordinance, law, m AN INSURED: building code or written contract or agreement to a Any person or organization that is a mortgagee, include as an additional insured on this assignee, successor or receiver and that you Coverage Part is an insured, but only with ca have agreed in a written contract or agreement respect to liability for "bodily injury", "property to include as an additional insured on this damage" or "personal and advertising injury" 0 Coverage Part is an insured, but only with arising out of the existence, ownership, use, o respect to its liability as mortgagee, assignee, maintenance, repair, construction, erection or V successor or receiver for"bodily injury", "property removal of any of the following for which that damage" or "personal and advertising injury" governmental entity has issued such permit or that: authorization: advertising signs, awnings, r Q CG D4 67 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance services Office, Inc.with its permission. Packet Pg. 95 4.E.a COMMERCIAL GENERAL LIABILITY canopies, cellar entrances, coal holes, medical services", first aid or "Good driveways, manholes, marquees, hoist away Samaritan services" to a person, unless U) openings, sidewalk vaults, elevators, street you are in the business or occupation of banners or decorations. providing professional health care m H. BLANKET ADDITIONAL INSURED — services. v) GOVERNMENTAL ENTITIES — PERMITS OR 2. The following replaces the last paragraph of c AUTHORIZATIONS RELATING TO Paragraph 2.a.(1) of SECTION II — WHO IS •7 OPERATIONS AN INSURED: The following is added to SECTION II — WHO IS Unless you are in the business or occupation AN INSURED: of providing professional health care c Any governmental entity that has issued a permit services, Paragraphs (1)(a), (b), (c) and (d) a or authorization with respect to operations above do not apply to "bodily injury" arising W performed by you or on your behalf and that you out of providing or failing to provide: 3 are required by any ordinance, law, building code (a) "Incidental medical services" by any of or written contract or agreement to include as an your "employees" who is a nurse, nurse o additional insured on this Coverage Part is an assistant, emergency medical insured, but only with respect to liability for technician, paramedic, athletic trainer, "bodily injury", "property damage" or "personal audiologist, dietician, nutritionist, and advertising injury" arising out of such occupational therapist or occupational N operations. therapy assistant, physical therapist or c The insurance provided to such governmental speech-language pathologist; or LO entity does not apply to: (b) First aid or "Good Samaritan services" o by any of your"employees" or "volunteer N a. Any "bodily injury", "property damage" or workers", other than an employed or r "personal and advertising injury" arising out volunteer doctor. Any such "employees" 04 of operations performed for the or "volunteer workers" providing or failing governmental entity; or to provide first aid or "Good Samaritan c b. Any "bodily injury" or "property damage" services" during their work hours for you E included in the "products-completed will be deemed to be acting within the operations hazard". scope of their employment by you or a, I. BLANKET ADDITIONAL INSURED _ performing duties related to the conduct N of your business. GRANTORS OF FRANCHISES 3. The following replaces the last sentence of The following is added to SECTION II — WHO IS Paragraph 5. of SECTION III — LIMITS OF rn AN INSURED: INSURANCE: U) Any person or organization that grants a For the purposes of determining the franchise to you is an insured, but only with applicable Each Occurrence Limit, all related rn respect to liability for "bodily injury", "property acts or omissions committed in providing or o damage" or "personal and advertising injury" failing to provide "incidental medical 0 arising out of your operations in the franchise services", first aid or "Good Samaritan I granted by that person or organization, services" to any one person will be deemed U If a written contract or agreement exists between to be one "occurrence". � you and such additional insured, the limits of 4. The following exclusion is added to ui insurance provided to such insured will be the Paragraph 2., Exclusions, of SECTION I — a minimum limits that you agreed to provide in the COVERAGES — COVERAGE A — BODILY a. written contract or agreement, or the limits INJURY AND PROPERTY DAMAGE shown in the Declarations, whichever are less. LIABILITY: J. INCIDENTAL MEDICAL MALPRACTICE Sale Of Pharmaceuticals y 1. The following replaces Paragraph b. of the "Bodily injury" or "property damage" arising o definition of "occurrence" in the out of the violation of a penal statute or V ordinance relating to the sale of DEFINITIONS Section: pharmaceuticals committed by, or with the b. An act or omission committed in knowledge or consent of,the insured. z providing or failing to provide "incidental r Q Page 4 of 5 ©2017 The Travelers Indemnity Company.All rights reserved. CG D4 67 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 96 4.E.a COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS subject to Paragraph 2.a.(1) of Section II -- Section: Who Is An Insured. w a� "Incidental medical services" means: K. BLANKET WAIVER OF SUBROGATION a. Medical, surgical, dental, laboratory, x- The following is added to Paragraph 8., Transfer Cn ray or nursing service or treatment, Of Rights Of Recovery Against Others To Us, a) advice or instruction, or the related of SECTION IV — COMMERCIAL GENERAL 9 furnishing of food or beverages; or LIABILITY CONDITIONS: b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or If the insured has agreed in a contract or appliances. agreement to waive that insured's right of recovery against any person or organization, we a 6. The following is added to Paragraph 4.b.,Excess Insurance, of SECTION IV — waive our right of recovery against such person COMMERCIAL GENERAL LIABILITY or organization, but only for payments we make 3 CONDITIONS: because of: C9 This insurance is excess over any valid and a. "Bodily injury" or "property damage" that rO collectible other insurance, whether primary, occurs; or excess, contingent or on any other basis, b. "Personal and advertising injury" caused by that is available to any of your "employees" an offense that is committed; for "bodily injury" that arises out of providing m or failing to provide "incidental medical subsequent to the execution of the contract or N services" to any person to the extent not agreement. N N O N r M N C N E N N L t� Q N V d U) O /O V I U J J N N d L a. Y O 0 U c E t U r Q CG D4 67 02 19 ©2017 The Travelers indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 97 4.E.a COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. to N BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCECn This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM c L PROVISIONS 2. The following is added to Paragraph B.5., Other (L 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and o This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the bodily injury" or 'property damage" occurs and first named insured when the written contract or c that is in effect during the policy period, to name agreement between you and that person or N as an additional insured for Covered Autos organization, that is signed by you before the c Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and N this insurance applies and only to the extent of that is in effect during the policy period, requires r that person's or organization's liability for the this insurance to be primary and non-contributory. N conduct of another"insured". c a� E a� m L Q (n V d U) O /O V I U J J to to d L a. Y O 0 U c E t U r Q CA T4 74 02 16 ©2016 The Travelers Indemnity company,All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Packet Pg. 98 4.F PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5600 DATE: January 21, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: Accept Funds From the Transportation Improvement Board for the 132nd Avenue S.E. Pedestrian Improvement Phase 3 Project - Accept MOTION: : I move to accept grant funds in the amount of $490,000 from the Transportation Improvement Board for the 132nd Avenue S.E. Pedestrian Improvement Phase 3 project, amend the budget, and authorize the expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Each year, the City is eligible to apply for multiple grant opportunities. Each grant has specific eligibility requirements and evaluation criteria to award funding. At the beginning of each grant cycle, staff present potential projects or programs to Council for grant requests. The Transportation Improvement Board (TIB) sent out a call for projects in 2024 with funds available through the Urban Active Transportation (UATP) and Complete Streets (CS) Programs. The UATP program supports projects that improve pedestrian and cyclist safety, mobility, and connectivity. CS projects are those that show practice of planning and building streets to accommodate all users including pedestrians, access to transit, cyclists, and motorists of all ages and abilities. The City received an award of $490,000 in UATP funds for the 132nd Avenue S.E. Pedestrian Improvement Phase 3 project. The project would construct a pedestrian path on the west side of the street from S.E. 276th Street to S.E. 278th Place, including curb ramps and pavement improvements. The project would also connect two existing sidewalk segments and connects into projects previously funded in part by TIB. The project is estimated at $613,000. BUDGET IMPACT: Grant funds would be used along with Street Fund dollars to complete the project. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 99 4.F Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. 132nd Avenue S.E. Pedestrian Improvement Phase 3 Award Letter (PDF) 2. 132nd Ave S.E. Pedestrian Improvement Phase 3 Grant Agreement - DRAFT (PDF) 3. 132nd Avenue S.E. Pedestrian Improvement Phase 3 Funding Status Form (PDF) Packet Pg. 100 �• �Pet84s�e Washington State ' Transportation Improvement Board 4� 7Pryon ImP10,0� E d > O L iQ TIB Members E November 22, 2024 c Chair Councilmember Sam Low +' M Snohomish County r' O Vice Chair a Mayor Hilda Gonzalez Chad Bieren, P.E. City of Granger Public Works Director M L Susan Carter City of Kent Hopelink 220 4th Avenue South Kent Cash Kent, WA 98032-5838 E Port of Vancouver O L U_ Barbara Chamberlain fn WSDOT Dear Chad Bieren: Dongho Chang iy WSDOT Congratulations! The Transportation Improvement Board (TIB) is pleased to announce Q. Scott Chesney the selection of your project, 132nd Avenue SE Pedestrian Improvement Phase 3, SE Spokane County 276th St to SE 278th PI, TIB project number C-P-106(005)-1. Q Vicky Clarke Cascade Bicycle Club&Washington TIB is awarding 79.9347% of approved eligible project costs with a maximum grant of M Bikes $490,000.Nick Covey cm Link Transit Before any work is permitted on this project, you must complete and email the following u, Andrew Denham items to your TIB engineer: J Town ofTwisp 0 Verify the information on the attached Project Funding Status Form and revise, Stephanie Forman Forman Consulting if necessary. Sign and email a copy. 3 Q Preston Frederickson • Submit the section of your adopted Six-Year Transportation Improvement Plan M City of Walla Walla listing this project. n �9 Commissioner Al French 0 Sign and email one copy of the Fuel Tax Grant Distribution Agreement. Spokane County Commissioner Scott Hutsell You may only incur reimbursable expenses after you receive approval from TIB. This Lincoln County project must advertise for bids no later than May 1 and construction activities E shall start no later than July 1 of the year of scheduled construction, unless > Councilmember Jon Pascal O City of Kirkland TIB provides an extension in writing. 0. Les Reardanz In accordance with RCW 47.26.084, you must certify full funding by November 22, E Whatcom Transportation Authority C 2025, or the grant may be terminated. Grants may also be rescinded due to M Mayor Kim Roscoe City of Fife unreasonable project delays as described in WAC 479-05-211. Maria Thomas If you have questions, please contact Greg Armstrong, TIB Project Engineer, at a Office of Financial Management GregA(a�TIB.wa.gov. W John Vicente C6 City of Kenmore Sincerely, 7 Jennifer Walker C Thurston County Q Jane Wall County Road Administration Board Ashley Probart M Executive Director Ashley Probart Executive Director d E P.O.Box40901 Enclosures Olympia,WA 98504-0901 Phone:360-586-1140 ram+ www.tib.wa.gov Q Investing in your local community Packet Pg. 101 4.F.b City of Kent o C-P-106(005 132nd Avenue SE Pedestrian Improvement Phase 3 0 SE 276th St to SE 278th PI �- c L STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD c AND U- City of Kent AGREEMENT U- t Q. a� U THIS GRANT AGREEMENT (hereinafter "Agreement") for the 132nd Avenue SE Pedestrian Q Improvement Phase 3, SE 276th St to SE 278th PI (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and N City of Kent, a political subdivision of the State of Washington (hereinafter"RECIPIENT"). U- 1.0 PURPOSE 0 For the project specified above, TIB shall pay 79.9347 percent of approved eligible project costs up to the amount of$490,000, pursuant to terms contained in the RECIPIENT'S Grant as Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 RCW, title 479 WAC, and the terms and conditions listed below. a 2.0 SCOPE AND BUDGET /L^ V The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction a Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. E as 3.0 PROJECT DOCUMENTATION o a E TIB requires RECIPIENT to make reasonable progress and submit timely Project r- documentation as applicable throughout the Project. Upon RECIPIENT's submission of each 2 Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a a) Project Funding Status Form ui b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate a d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities M f) Project Accounting History r c 4.0 BILLING AND PAYMENT E The local agency shall submit progress billings as project costs are incurred to enable TIB to a maintain accurate budgeting and fund management. Payment requests may be submitted as Packet Pg. 102 4.F.b often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable r_ amounts are greater than $50,000. If progress billings are not submitted, large payments may 2 be delayed or scheduled in a payment plan. 0 a 5.0 TERM OF AGREEMENT c c� L This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. o U_ 6.0 AMENDMENTS -a c 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 persons authorized to bind each of the 4) Parties. a 7.0 ASSIGNMENT N S The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a o waiver of the RECIPIENT's other rights under this Agreement. c as 8.0 GOVERNANCE &VENUE as as L This Agreement shall be construed and interpreted in accordance with the laws of the state of a Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. M 9.0 DEFAULT AND TERMINATION n 9.1 NON-COMPLIANCE a a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. o a b) In response to the notice, RECIPIENT shall provide a written response within 10 E c business days of receipt of TIB's notice of non-compliance, which should include either a 0 L detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. a c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward ui compliance pursuant to its plan to correct or implement its amendment to the Project. C6 as a d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional M reimbursable costs during the investigation. r c 9.2 DEFAULT E RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: 2 a Packet Pg. 103 4.F.b a) RECIPIENT is not making reasonable progress toward correction and r_ compliance. 2 b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non-compliance. a N C TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. E 0 L 9.3 TERMINATION U_ N a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which Q. shall be served in person, by email or by certified letter. Upon service of notice of 4) termination, the RECIPIENT shall immediately stop work and/or take such action as may Q be directed by TIB. M N b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. 0 c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. a� 9.4 TERMINATION FOR NECESSITY a� Q TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this M Agreement for performance rendered or costs incurred prior to the effective date of termination. a. r 10.0 USE OF TIB GRANT FUNDS as TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any 0 use of these funds for anything other than highway or roadway system improvements is E prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in E Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is 0 •L subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. a 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS ui vi a) At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum a payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be M made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB. In the event that final costs related to the specific project are less than E the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended ratio between TIB funds and total project costs, as described in Section a 1.0 of this Agreement. Packet Pg. 104 4.F.b c 0 12.0 INDEPENDENT CAPACITY 0 a The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS o L U_ The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its Q. officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in Q any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to N indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. o Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions a of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. M as 14.0 DISPUTE RESOLUTION a. r a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with o the terms of this AGREEMENT. E c b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes 0 •L promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall a submit the matter to non-binding mediation facilitated by a mutually agreed upon ui mediator. The PARTIES shall share equally in the cost of the mediator. C6 as a d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. M e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. E a Packet Pg. 105 4.F.b c 0 15.0 ENTIRE AGREEMENT 0 a This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington and/or 47.04 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. o U- 16.0 RECORDS MAINTENANCE -a c The RECIPIENT shall maintain books, records, documents, data and other evidence relating to Q. this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect Q costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, N these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. o If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Q c Approved as to Form Attorney General M as By: a Signature on file 0 L Guy Bowman E Assistant Attorney General r- •L Y N N d Lead Agency Transportation Improvement Board a LLi vi as Q c Chief Executive Officer Date Executive Director Date N M r C Print Name Print Name ca Q Packet Pg. 106 4.F.c �,n[wn sL Transportation Improvement Board Project Funding Status Form Agency Name KENT TIB Project Number: C-P-106(005)-1 Project Name: 132nd Avenue SE Pedestrian Improvement Phase 3 0 SE 276th St to SE 278th PI Verify the information below and revise if necessary. N Email to: Your TIB Engineer 0 L PROJECT SCHEDULE Target Dates r Construction Approval Contract Bid Award Contract Completion 0 u- c PROJECT FUNDING PARTNERS U- List additional funding partners and amount. U U Funding Partners Amount Revised Funding Q KENT 123,000 N v WSDOT 0 E L Federal Funds 0 L° r r co a� c �a c u- M N N t d C N E TOTAL LOCAL FUNDS 123,000 > 0 L Signatures are required from two different agency officials.Return the originally signed form to your TIB Engineer. C Mayor or Public Works Director 0 L r N N Signature Date d LLI N Printed or Typed Name Title C a� Financial Officer Q c N M r Signature Date c E t Printed or Typed Name Title c�a Q TIB Funding Status Report Packet Pg. 107 4.G PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5600 DATE: January 21, 2025 TO: Kent City Council - Committee of the Whole SUBJECT: Accept Funds from the Transportation Improvement Board for the 83rd Avenue South Sidewalk Project - Accept MOTION: I move to accept grant funds in the amount of $625,000 from the Transportation Improvement Board for the 83rd Avenue South Sidewalk project, amend the budget, and authorize the expenditure of funds, and authorize the Mayor to sign all necessary agreements and other documents, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Each year, the City is eligible to apply for multiple grant opportunities. Each grant has specific eligibility requirements and evaluation criteria to award funding. At the beginning of each grant cycle, staff present potential projects or programs to Council for grant requests. The Transportation Improvement Board (TIB) sent out a call for projects in 2024 with funds available through the Urban Active Transportation (UATP) and Complete Streets (CS) Programs. The UATP program supports projects that improve pedestrian and cyclist safety, mobility, and connectivity. CS projects are those that show practice of planning and building streets to accommodate all users including pedestrians, access to transit, cyclists, and motorists of all ages and abilities. The Complete Streets Program is supported with funding from Washington's Climate Commitment Act. The City received an award of $625,000 of Complete Streets funds for the 83rd Avenue South project. The project would construct curb ramps and a gap in sidewalk along the west side from South 224th Street to approximately 700 feet south of S. 224th Street. The project is estimated at $781,400. BUDGET IMPACT: Grant funds would be used along with Street Fund dollars to complete the project. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 108 4.G Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 83rd Avenue South Sidewalk Project Award Letter (PDF) 2. 83rd Avenue South Sidewalk Project Grant Agreement - DRAFT (PDF) 3. 83rd Avenue South Sidewalk Project Funding Status Form (PDF) Packet Pg. 109 �• xret84s�e Washington State o°ororyo '0�,�' Transportation Improvement Board �ropto 0 Z r L TIB Members November 22, 2024 c Chair m Councilmember Sam Low +. Snohomish County d Vice Chair Chad Bieren, P.E. Mayor Hilda Gonzalez City of Granger Public Works Director o CL Susan Carter City of Kent E Hopelink 220 4th Avenue South r_ Kent Cash Kent, WA 98032-5838 Port of Vancouver lO r_ Barbara Chamberlain G WSDOT Dear Chad Bieren: c Dongho Chang i WSDOT Congratulations! The Transportation Improvement Board (TIB) is pleased to announce Scott Chesney the selection of your project, 83rd Avenue S Sidewalk, S 224th St to 700ft s/o S 224th Spokane County St, TIB project number P-P-106(P08)-1. c Vicky Clarke TIB is awarding 80.0000% of approved eligible project costs with a maximum rant of `~Cascade Bicycle Club&Washington g pp g p � g N Bikes $625,600. C Nick Covey LL Link Transit Before any work is permitted on this project, you must complete and email the following +, CL Andrew Denham items to your TIB engineer: t� Town ofTwisp • Verify the information on the attached Project Funding Status Form and revise, a Stephanie Forman Forman Consulting if necessary. Sign and email a copy. M Preston Frederickson • Submit the section of your adopted Six-Year Transportation Improvement Plan N City of Walla Walla listing this project. L d Commissioner Al French 0 Sign and email one copy of the Fuel Tax Grant Distribution Agreement. Spokane County J You may only incur reimbursable expenses after you receive approval from TIB. This Commissioner Scott Hutsell L Lincoln County project must advertise for bids no later than May 1 and construction activities 3 Councilmember Jon Pascal shall start no later than July 1 of the year of scheduled construction, unless Q City of Kirkland TIB provides an extension in writing. Les Reardanz In accordance with RCW 47.26.084, you must certify full funding by November 22, E Whatcom Transportation Authority 2025, or the grant may be terminated. Grants may also be rescinded due to Mayor Kim Roscoe City of Fife unreasonable project delays as described in WAC 479-05-211. 3 Maria Thomas If you have questions, please contact Greg Armstrong, TIB Project Engineer, at a_ Office of Financial Management GregA(D_TIB.wa.gov. t John Vicente ly City of Kenmore Sincerely, 'o Jennifer Walker ( w d Thurston County 6o( YwV� C Jane Wall County Road Administration Board Q Ashley Probart Executive Director 00 Ashley Probart Executive Director C d P.O.Box4O901 Enclosures E Olympia,WA 98504-0901 V Phone:360-586-1140 lO ++ www.tib.wa.gov +' a Investing in your local community Packet Pg. 110 4.G.b L City of Kent m P-P-106(P08)-1 r 83rd Avenue S Sidewalk S 224th St to 700ft s/o S 224th St 0 L Q E STATE OF WASHINGTON o TRANSPORTATION IMPROVEMENT BOARD AND o City of Kent AGREEMENT a� THIS GRANT AGREEMENT (hereinafter"Agreement")for the 83rd Avenue S Sidewalk, S 224th c St to 700ft s/o S 224th St (hereinafter "Project") is entered into by the WASHINGTON STATE y TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of Kent, a political subdivision of the State of Washington (hereinafter"RECIPIENT"). a 1.0 PURPOSE a For the project specified above, TIB shall pay 80.0000 percent of approved eligible project costs LO up to the amount of$625,600, pursuant to terms contained in the RECIPIENT'S Grant N Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 RCW, title 479 WAC, and the terms and conditions listed below. U- a 2.0 SCOPE AND BUDGET o The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in Q the Grant Application must be authorized by TIB in advance by written amendment. ,L^ V 3.0 PROJECT DOCUMENTATION as 0 TIB requires RECIPIENT to make reasonable progress and submit timely Project (L documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: :2 in a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate U° c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities a f) Project Accounting History M 00 4.0 BILLING AND PAYMENT as The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as a Packet Pg. 111 4.G.b L often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable m amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. as 5.0 TERM OF AGREEMENT o L Q This Agreement shall be effective upon execution by TIB and shall continue through closeout of E c the grant or until terminated as provided herein, but shall not exceed 10 years unless amended g by the Parties. 0 a 6.0 AMENDMENTS L 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 persons authorized to bind each of the Parties. E 0 L 7.0 ASSIGNMENT -a c 0 The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this a Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a a waiver of the RECIPIENT's other rights under this Agreement. LO M N 8.0 GOVERNANCE &VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for o Thurston County. , c as 9.0 DEFAULT AND TERMINATION E a� as L 9.1 NON-COMPLIANCE a a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. A) 0 b) In response to the notice, RECIPIENT shall provide a written response within 10 a business days of receipt of TIB's notice of non-compliance, which should include either a Y detailed plan to correct the non-compliance, a request to amend the Project, or a denial 3 accompanied by supporting details. in c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. i0 as d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional a reimbursable costs during the investigation. M 00 9.2 DEFAULT c a� RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: �a a Packet Pg. 112 4.G.b L a) RECIPIENT is not making reasonable progress toward correction and m compliance. b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non-compliance. a, 0 L TIB reserves the right to order RECIPIENT to immediately stop work on the Project and E TIB may stop Project payments until the requested corrections have been made or the E Agreement has been terminated. 0 CU L 9.3 TERMINATION 0 y C a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of r termination, the RECIPIENT shall immediately stop work and/or take such action as may E 0 be directed by TIB. 4- b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of OL grant funds. a c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. N v 9.4 TERMINATION FOR NECESSITY a_ a TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, o because funds are no longer available for the purpose of meeting TIB's obligations. If Z this Agreement is so terminated, TIB shall be liable only for payment required under this a Agreement for performance rendered or costs incurred prior to the effective date of E termination. L a� Q 10.0 USE OF TIB GRANT FUNDS c ,L^ V TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any use of these funds for anything other than highway or roadway system improvements is o prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in a Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is Y subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. :2 in 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS 0 At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be > made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an -� increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum CO amount payable by TIB. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that E maintains the intended ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. Q Packet Pg. 113 4.G.b L 0 m T 12.0 INDEPENDENT CAPACITY as The RECIPIENT shall be deemed an independent contractor for all purposes and the L employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof a- shall not in any manner be deemed employees of TIB. E c 0 13.0 INDEMNIFICATION AND HOLD HARMLESS 0 a The PARTIES agree to the following: L Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in c any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, a suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. a Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, LO demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For N this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees o and costs incurred from the other PARTY. The obligations of this Section shall survive , termination of this Agreement. E a� 14.0 DISPUTE RESOLUTION ;v a a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. °' 0 L a. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes Y promptly and at the lowest organizational level. 3 a� c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall (n submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. i0 as d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. a L e) The PARTIES agree that they shall have no right to seek relief in a court of law until and 00 unless the Dispute Resolution process has been exhausted. c a� E �a a Packet Pg. 114 4.G.b L 0 m T 15.0 ENTIRE AGREEMENT a E as This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter L 47.26 Revised Code of Washington and/or 47.04 Revised Code of Washington, the provisions a- of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement E between the PARTIES and supersedes all previous written or oral agreements between the g PARTIES. 0 a 16.0 RECORDS MAINTENANCE L The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect E 0 costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the a Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. Q If any litigation, claim or audit is started before the expiration of the six (6) year period, the M records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Q 0 Approved as to Form , Attorney General E a� By: ;v a Signature on file A) Guy Bowman o Assistant Attorney General a 3 a� Lead Agency Transportation Improvement Board 0 U) a� 0 a� Chief Executive Officer Date Executive Director Date Q L M 00 Print Name Print Name N E t ca Q Packet Pg. 115 4.G.c �,n[wn sL Transportation Improvement Board Project Funding Status Form L Agency Name KENT TIB Project Number: P-P-106(P08)-1 0 Project Name: 83rd Avenue S Sidewalk � S 224th St to 700ft s/o S 224th St m Verify the information below and revise if necessary. Email to: Your TIB Engineer E PROJECT SCHEDULE 0 a Target Dates E Construction Approval Contract Bid Award Contract Completion c r R 0 a PROJECT FUNDING PARTNERS List additional funding partners and amount. m Funding Partners Amount Revised Funding E KENT 156,400 �°L U) WSDOT 0 c 0 U- Federal Funds a 0 U U Q LO M N IV E L 0 LL U) r r N TOTAL LOCAL FUNDS 156,400 �a c Signatures are required from two different agency officials.Return the originally signed form to your TIB Engineer. LL t d Mayor or Public Works Director o (L R Signature Date N t Printed or Typed Name Title 3 O U) N Financial Officer ' c a� a Signature Date iy 00 r c a� Printed or Typed Name Title E Q TIB Funding Status Report Packet Pg. 116