HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/03/2001 Clotyof Kent
CmityCouncil Meeting
Agenda
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KENT
W A S H I N G T O N
Mayor Jim White
Councilmembers
Leona Orr, President
Sandy Amodt Connie Epperly
Tom Brotherton Judy Woods
Tim Clark Rico Yingling
April 3, 2001
Office of the City Clerk
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SUMMARY AGENDA
KENT CITY COUNCIL MEETING
KEN T April 3 , 2001
WASHINGTON Council Chambers
7 : 00 p.m.
MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President
Sandy Amodt Tom Brotherton Tim Clark
Connie Epperly Judy Woods Rico Yingling
1 . CALL TO ORDER/FLAG SALUTE
2 . ROLL CALL
3 . CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROIJ THE UBLIC
4 . i PUBLIC COMMUNICATIONS
— King County Councilmember Les Thomas
B. Kent Sister City Association Youth Art Awards
C. Employee of the Month
I Dc bf Sa S4 ��� '"
5 . v PUBLI 'TN� RINGS
None
6 . CONSENT CALENDAR
A. Minutes - Approval
B. Bills - Approval
r" C. Kentview Pod A Bill of Sale - Accept
D. Kentview Pod B Bill of Sale - Accept
E. Safeguard Self Storage II Bill of Sale - Accept
F. Document Management System Storage Devices Agreement -
Authorize
G. Copier Upgrades in Print Shop - Authorize
H. King County Recycling Grant Agreement - Authorize
I . Seattle/King County Hazardous Waste Management Grant
Agreement - Authorize _
J. 42nd Avenue South Boundary Lines - Resolution /S 'VS
K. Pacific Parke Final Plat - Approval
L. Interlocal Agreement for Water Fowl Management
M. Interlocal Agreement for Valley Special Response Team -
Authorize
N. Tacoma 2nd Supply Project Pipe Purchase - Authorize
0. Tacoma 2nd Supply Public Works Trust Fund Loan
Agreement - Authorize
P. Tacoma 2nd Supply Memorandum of Agreement - Authorize
Q. Albrech Short Plat Bill of Sale - Accept
R. Hunters Grove II Bill of Sale - Accept
S. Construction Machinery Inc. Bill of Sale - Accept
T. DeMarco Annexation
(continued next page)
SUMMARY AGENDA CONTINUED
si
7 . OTHER BUSINESS
A. Transportation Improvement Board (TIB) Grant, 277th
Corridor
9). K e n4-v i ems, Pool
8 . BIDS
A. Phase II Parking Lot Expansion Kent Municipal Court
and King County District Court Aukeen Division
9. REPORTS FROM STANDING COMMITTEES AND STAFF
10 . REPORTS FROM SPECIAL COMMITTEES 3
11 . CONTINUED COMMUNICATIONS
12 EXECUTIVE SESSIONq d
A. Pending Litigation
13 . ADJOURNMENT
NOTE : A copy of the full agenda packet is available for perusal in
the City Clerk' s Office and the Kent Library.
An explanation of the agenda format is given on the back of this
page.
Any person requiring a disability accommodation should contact the
City Clerk' s Office in advance at (253) 856-5725 . For TDD relay
service call the Washington Telecommunications Relay Service at
1-800-833-6388 .
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time,
make known the subject of interest, so all may be properly
heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
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A) KING COUNTY COUNCILMEMBER LES THOMAS
B) KENT SISTER CITY ASSOCIATION YOUTH ART AWARDS
C) EMPLOYEE OF THE MONTH
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CONSENT CALENDAR
6 . City Council Action:
Councilmember_ moves, Councilmember_
seconds to approve Consent Calendar Items A through T.
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
March 20, 2001 .
6B. Approval of Bills.
Approval of payment of the bills received through March 15 and
paid on March 15, 2001, after auditing by the Operations
Committee on March 20, 2001 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
3/15/01 509829-510114 $1, 374 , 828 . 18
3/15/01 510115-510598 1 , 312 , 045 . 40
$2 , 686, 873 . 58
Approval of checks issued for payroll for March 1 through
March 15 and paid on March 20, 2001 :
Date Check Numbers Amount
3/20/01 Checks 250588-250920 $ 279, 843 . 65
3/20/01 Advices 108870-109512 1 , 021 , 715 . 62
$1, 301, 559 .27
Council Agenda
Item No. 6 A-B
Kent, Washington
March 20 , 2001
The regular meeting of the Kent City Council was called to order
at 7 : 05 PM by Mayor Pro Tem Leona Orr. Councilmembers present :
Amodt, Brotherton, Clark, Epperly, Woods, and Yingling. others
present : Chief Administrative Officer McFall, City Attorney
Lubovich, Police Chief Crawford, Fire Chief Angelo, Deputy Chief
Administrative Officer Martin, Public Works Director Wickstrom,
and Planning Manager Satterstrom. Approximately 100 people were
at the meeting. Mayor White was absent .
CHANGES TO THE AGENDA
Item 7C, Emergency Water Supply Declaration, was added
under Other Business . Motorcycle Awareness was added by
Councilmember Amodt under Public Communications;
Memorial on East Valley Highway and Cross Walk Safety
were added under Public Communications at the requests
of audience members .
Continued Communications Items 11A and 11B were added at
the request of audience members .
PUBLIC COMMUNICATIONS
Memorial on East Valley Highway. Heike Werlinaer, 11801
SE 1571h, Renton, read a letter to Councilmembers regard-
ing the accident on February 15 , 2001, that killed her
husband while he was riding his motorcycle to work on
East Valley Highway. She asked for a more lasting
memorial at the site of the accident and that the case
not be filed and forgotten, but that the other driver be
charged with the crime he committed.
Steve Cook of Burien, director of a Seattle chapter of
the Harley group, thanked the Council for allowing the
group to be there . He asked that the memorial be
allowed so the family could grieve in a proper way, and
for any support in turning the case over to a
prosecuting attorney.
Karen Bolvn, Washington Road Riders Association, asked
for clarification on whether the family and friends
would be able to leave flowers that would remain at the
accident site . Mayor Pro Tem Orr said the issue was
resolved providing a memorial wasn' t oversized to the
point it was distracting to drivers . Amodt expressed
�.- that Mayor White and Deputy City Attorney Tom Brubaker
1
Kent City Council Minutes March 20 , 2001
PUBLIC COMMUNICATIONS
had provided approval to a memorial in their discussions
with her last week.
John Harris, 26931 46th Ave. South, Kent, complained
there were no restrictions for a memorial on Highway 99
for a slain Des Moines police officer, and asked if
"blue" was better than "black" . Orr responded that
Des Moines was a different city and may have different
requirements . Every city has different requirements
which have nothing to do with a person' s occupation.
On behalf of the Council, Orr extended her sorrow for
Mrs . Werlinger' s loss . She recommended that the
questions and issues go through the Public Safety and
Public Works Committees, and asked the Public Works and
Public Safety Committee Chairs for concurrence on
bringing the issue to the next committee meetings .
Clark and Epperly agreed that the issue would be
addressed at the first Public Works and Public Safety
meetings in April . ..,'
Motorcycle Awareness . Councilmember Amodt, as a
motorcycle Harley owner who had lost several friends in
car/motorcycle accidents, asked all citizens to become
aware of motorcyclists and bicyclists as they drive .
Cross Walk Safety. Nancy Martin, 23538 55th Avenue,
Kent, said cross walk signage was not conducive for
people walking or biking and asked for a change to make
it safer. Orr advised Ms . Martin to leave her address
for notification of upcoming Committee meetings .
Dr. Priscilla Bell, President, HiQhline Comanunity
College. Orr explained that Dr. Bell was ill and
wouldn' t be at the meeting.
CONSENT CALENDAR
WOODS MOVED to approve Consent Calendar Items A through
J. Clark seconded and the motion carried.
MINUTES
(CONSENT CALENDAR - ITEM 6A)
Approval of Minutes. APPROVAL of the minutes of the
regular Council meeting of March 61 2001 .
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Kent City Council Minutes March 20, 2001
WATER
(OTHER BUSINESS - ITEM 7C)
(ADDED ITEM)
Emergency Water Supply Resolution. A staff presentation
was made by Public Works Director Wickstrom, who said in
light of the potential water shortage this coming
summer, a declared emergency would allow implementation
of four projects without having to go through a competi-
tive bidding process which could take weeks and be
critical to the situation. The projects are a replace-
ment well at the 2121h/valley Freeway facility, purchases
for a supplemental well where the drilling contract had
previously been awarded at the Kent Springs source,
retention of an intertie with Auburn, and a potential
intertie with the Soos Creek Sewer and Water District .
The projects may reduce mandatory conservation
requirements .
CLARK MOVED passage of Resolution No . 1584 declaring an
emergency in waiving public bidding requirements and
authorizing the construction of certain water supply
projects. Epperly seconded. Clark reiterated the need
to get the accommodations taken care of as quickly as
possible because of the approaching water supply problem
that would have a number of effects this summer.
Clark' s motion then carried.
URBAN SEPARATORS
(PUBLIC HEARING - ITEM 5A)
Renewal of Urban Separator Moratorium. Staff
presentation by Lubovich explained that the moratorium
passed in October relating to the Urban Separator issue
would expire April 2' . The Urban Separator policy
ordinance to be considered under Other Business would
take effect after the expiration of the moratorium. The
purpose of the moratorium extension would be to extend
the moratorium for six months or the effective date of
an ordinance adopted establishing the Urban Separators,
which, if adopted tonight, would be 30 days from today.
ORR DECLARED THE PUBLIC HEARING OPEN: Speaking with
thanks and in support of the Planning Committee' s
recommendation and the moratorium were Joe Miles,
,.1 president of Friends of Soos Creek Park, 24639 156`h
Avenue SE, Kent ; Mark Emlay, 24625 148th Avenue SE, Kent,
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Kent City Council Minutes March 20 , 2001
URBAN SEPARATORS
on behalf of the 148th lane property owners' association;
Sally Neary, 1190 Union Avenue NE, Renton; Rita Bailie,
20607 101st Avenue SE, Kent, on behalf of Rainier Audubon
Society; Tom Sharp, 24254 143rd SE, Kent; Bob Nelson,
24048 156th Avenue SE, Kent; Shelly Bauer, 26203 131st
P1 . SE, Kent, representing the Sierra Club; and John
D'vorak, 24128 145th Avenue SE, Kent .
WOODS MOVED to close the Public Hearing. The motion was
seconded by Clark and carried.
BROTHERTON MOVED to adopt Resolution No. 1583 renewing
the moratorium relating to urban separators. Woods
seconded and the motion carried.
(OTHER BUSINESS - ITEM 7A)
Urban separators . A correction to the ordinance was
made by Lubovich: the second Exhibit B should be removed
from the ordinance because of a typographical error.
BROTHERTON MOVED to adopt Ordinance No. 3551 relating to
Urban Separators providing for text and map amendments
to the Comprehensive Plan and Zoning Code, and text
amendments to the Subdivision Code, and to rezone to
SR-1 those properties within the Urban Separator that
currently are zoned higher than SR-1 . Woods seconded
the motion.
Clark commented that there had never been any question
in Council ' s mind whether there would be an Urban
Separator. A number of issues had to be worked through,
and the very broad testimony that was brought forth
before the Land Use and Planning Committee showed a
thorough examination of a number of those issues . The
Urban Separator is the creation of something that future
generations will enjoy, and it also preserves our own
heritage . Woods commented that the finished product was
a testimony to all the work from staff, the citizens,
and the Council . Brotherton noted that one of the most
important jobs of the Council was stewardship and he was
proud of all the work done on the issue.
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Kent City Council Minutes March 20 , 2001
URBAN SEPARATORS
Orr pointed out a housekeeping item on Page 6 of the
Ordinance, Section 4, Sec . 12 . 04 . 025 Definitions : cul de
sac should be italicized to show the word as being
defined; also the same definition is given for Final
Approval and Final Plat and wording should be clarified.
Lubovich said the Final Approval section could be
removed; the definition was correct for Final Plat .
There were no objections from Council to the change .
Brotherton' s motion was then voted on as amended and
carried.
COMPREHENSIVE PLAN AND ZONING AMENDMENTS
(OTHER BUSINESS - ITEM 7B)
Cairnes (#CPA-99-3 (1) /#CPZ-99-1) and Pacific industries
(#CPA-99-3 (D) #CPZ-99-4) Comprehensive Plan and Zoning
Amendments. Staff presentation by Planning Manager
Satterstrom emphasized that both amendments should be
recommended for denial to be consistent with the action
just taken on Urban Separators .
BROTHERTON MOVED to approve the Planning Committee' s
recommendation of DENIAL of Cairnes and Pacific
Industries Comprehensive Plan and Zoning Amendments .
Woods seconded the motion. Clark commented that the
Pacific Industries amendment was in trouble from the
beginning because of the natural restraints on the land.
The Cairnes property presented a problem of spot zoning
which could not be defended or practiced. Amodt said
she had looked at both properties and had mixed
feelings . She was in support of the recommendation at
this time, but thought the westerly and southerly
portions of the Johnson property should be looked at
again in the future . Brotherton' s motion was then voted
on and carried.
COMMUTE TRIP REDUCTION
(CONSENT CALENDAR - ITEM 6F)
FlexPass Program Agreement, Commute Triv Reduction.
AUTHORIZATION for the Mayor to sign a one-year agreement
for the sale of FlexPass, a King County/Sound Transit
Commute Trip Reduction program, to all benefited
employees . The FlexPass Program allows for benefited
,- employees to choose from a variety of non-single
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Kent City Council Minutes March 20, 2001
COMMUTE TRIP REDUCTION
occupancy vehicle commute options provided by Sound
Transit and King County.
HEALTH CONTRACTS
(CONSENT CALENDAR - ITEM 6G)
Premera Blue Cross/Group Health Contracts for 2001.
AUTHORIZATION for renewal of the annual Premera Blue
Cross administrative agreement and Group Health
Cooperative health care contracts for 2001 .
FREEDOM OF INFORMATION ACT
(CONTINUED COMMUNICATIONS - ITEM 11A)
Freedom of Information Act, Ted Kogita, 25227 Reith
Road, Kent, presented a summon of complaint package to
Brent McFall . Kogita said the Mayor and Council
intimidates our use of the Freedom of Information Act .
They hired a high-powered law firm to attack attorney
Hollis Duncan for a sum of $350 for using the Freedom of
Information Act to gain the facts about his client' s
case involving the City of Kent . Duncan paid for 8 of
the 10 sets of documents . The City refused to allow
Duncan to inspect the contents before accepting the
information. Kogita stipulated that the City was
sending a message to the citizens to not file anymore
freedom of information forms .
(CONTINUED COMMUNICATIONS - ITEM 11B)
Freedom of Information Act. Joe Rubio, 3831 S . 248cn
Kent , said he was disturbed when he went to the hearing
for Hollis Duncan because the City was spending taxpayer
money to pay five private attorneys to get a little over
$300 in return. Hiring the attorneys cost more money
than the City would get back.
Brotherton commented that the concern raised of whether
the City was using its money properly was valid. He
asked McFall for details on the Freedom of Information
Act requests that have been made over the last year.
McFall responded that the costs associated with
responses to public document requests is extraordinary
compared to what can actually be collected. The cost of
copying can be recovered, but the cost of staff time
associated with collecting and preparing the documents
cannot . The City, over the last year, has spent in
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Kent City Council Minutes March 20 , 2001
FREEDOM OF INFORMATION ACT
excess of $100, 000 in staff time to respond to the
various requests, which is a dramatic increase from past
years .
In answer to Brotherton' s question about additional
staff added to the budget to handle the extra data and
copying, McFall said one staff position had been added
in the City Clerk' s Office to deal specifically with
public document requests .
Brotherton stressed that some of the documents ordered
by Duncan were not picked up which was a large part of
the complaint . The City was spending a lot of money on
requests that were made without the data being taken, so
part of the lawsuit was to seek injunctive relief from
frivolous misuse . Yingling asked what percentage of all
of the public document requests in the last year were
from Duncan. McFall said it was well in excess of 50% .
INFORMATION TECHNOLOGY
(CONSENT CALENDAR - ITEM 6D)
Finance, HR, Payroll Citrix Servers . AUTHORIZATION for
the Mayor to sign a purchase order payable to Technology
Express in the amount of $64 , 997 . 10 for 5 HP NetServer
computers and a purchase order payable to En Point
Technologies in the amount of $24 , 033 . 18 for Citrix
Metaframe software .
(CONSENT CALENDAR - ITEM 6E)
Document Management System Purchase. AUTHORIZATION for
the Mayor to sign contracts with FYI Image for the
purchase of document imaging software and implementation
services subject to City Attorney approval of contract
documents .
GRANT ACCEPTANCE
(CONSENT CALENDAR - ITEM 6H)
Evac-U-Splints Purchase. AUTHORIZATION to accept grant
funds in the amount of $1,200 from the State of
Washington. The funds may be used to help meet
requirements to provide trauma care services, and the
Fire Department proposes to use the funds to purchase
lew�l Evac-U-Splints .
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Kent City Council Minutes March 20, 2001
PARKS, RECREATION AND COMMUNITY SERVICES
(CONSENT CALENDAR - ITEM 61)
Service Club Ballfields Dor+ations. ACCEPT AND AMEND
BUDGET as recommended by the Parks Director for the
$5 , 000 donation from Kiwanis Club of Kent and the $8 , 750
donation from the Kent rotary Club designated for the
Service Club Ballfield project .
(CONSENT CALENDAR - ITEM 6J)
Allocation of Additional 2001 CDBG Program Funds.
ACCEPT AND APPROPRIATE as recommended by the Parks
Director the additional funds from King County for the
Community Development Block Grant Program. The City of
Kent Human Services Division received an extra $95, 268
from the King County CDBG Program to be allocated to
current programs within the City.
FINANCE
(CONSENT CALENDAR - ITEM 6B)
Approval of Bills . APPROVAL of payment of the bills
received through February 28 and paid on February 28
after auditing by the Operations Committee on March 6,
2001 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
2/28/01 509200-509471 $ 592 , 041 . 86
2/28/01 509472-509828 1 , 498 , 292 . 77
$2 , 090, 334 . 63
Approval of checks issued for payroll for February 16
through February 28 and paid on March 5, 2001 .
Date Check Nummbers Amount
3/5/01 Checks 250274-250587 $ 250, 216 . 78
3/5/01 Advices 108173-108869 964 , 221 . 59
$1, 214, 438 . 37
(CONSENT CALENDAR - ITEM 6C)
Equipment Rental Budget Change. AUTHORIZATION as
recommended by the Operations Committee at their March 6
meeting to replace five police vehicles from the
Equipment Rental Fund. There are sufficient reserves off
$133 , 187 to cover the five vehicles . Two of these
8
Kent City Council Minutes March 20 , 2001
FINANCE
requested vehicles will replace two which were totaled
in accidents; one vehicle is an addition and will become
a standby car to ensure uninterrupted police service,
and two vehicles are normal replacements of high mileage
vehicles .
REPORTS
Operations Committee. Yingling noted that the
Operations Committee now meets at 4 : 00 PM on the first
and third Tuesdays of each month.
Planning Committee. Brotherton said the Planning
Committee would meet on April 16tb rather than April 2nd
Administrative Reports. McFall reminded Council of an
executive session regarding pending litigation and said
potential action by the Council was anticipated at
conclusion of the executive session.
EXECUTIVE SESSION
�^ At 7 : 55 PM the meeting recessed into Executive Session.
The meeting reconvened at 8 :25 PM.
Pending Litigation. YINGLING MOVED to authorize the
City of Kent to indemnify and defend Brent McFall , Roger
Lubovich, Thomas Brubaker, Arthur Fitzpatrick, and Eddy
Chu against all expenses, fees, judgments, fines, and
amounts paid in settlement actually and reasonably
incurred by them in connection with a third party
complaint filed by Hollis Duncan or any other matter
that may be filed by Mr. Duncan and his clients related
to public document requests in the matter of Kent vs .
Duncan, King County Superior Court Cause No.
012064193KNT. Woods seconded the motion. Amodt recused
herself from the vote because Mr. Duncan at one time had
been her attorney. Yinglings' motion then carried with
Amodt abstaining.
YINGLING MOVED that the City after having received a
full explanation by independent counsel of the potential
conflicts that may arise in the matter of Kent vs .
Duncan, waives any conflict of interest that may arise
and to further authorize the firm of Keating, Bucklin
and McCormick to continue in such representation of the
9
Kent City Council Minutes March 20 , 2001
1
EXECUTIVE SESSION
City as well as representation of the individuals named
in a third party complaint filed by Mr. Duncan and to
have the Mayor and Council President sign the conflict
of interest letter from the firm of Keating, Bucklin and
McCormick dated March 15, 2001 . Woods seconded the
motion. Amodt recused herself from the vote because
Mr. Duncan had once been her attorney. Yingling' s
motion then carried with Amodt abstaining.
ADJOURNMENT
At 8 :27 PM, Epperly moved to adjourn the meeting. Woods
seconded and the motion carried.
;.,Jackie Bicknell
City Council Secretary
10
Kent City Council Meeting
!^ Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: KENTVIEW POD A BILL OF SALE - ACCEPT
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, accept the Bill of Sale for Kentview Pod A submitted
by KV Homes A, LLC for continuous operation and maintenance of
2 , 510 feet of sanitary sewers and release of bonds after the
expiration period. The project is located west of Frager Road
and south of South 216th
�- 3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
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KENTVIEW POD A
Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: KENTVIEW POD B BILL OF SALE - ACCEPT
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, accept the Bill of Sale for Kentview Pod B submitted
by KV Townhomes B, LLC for continuous operation and maintenance
of 1, 136 feet of sanitary sewers and release of bonds after the
expiration period. The project is located west of Frager Road
and south of South 216th Street .
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
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Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: SAFEGUARD SELF STORAGE II BILL OF SALE - ACCEPT
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, accept the Bill of Sale for Safeguard Self Storage II
submitted by Plemmons Industries, Inc. for continuous operation
and maintenance of 805 feet of watermain, 25 feet of storm
sewers and release of bonds after the expiration period. The
project is located at 422 Washington Avenue North.
�- 3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
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SAFEGUARD SELF STORAGE 11
Kent City Council Meeting
!" Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: DOCUMENT MANAGEMENT SYSTEM STORAGE DEVICES
AGREEMENT - AUTHORIZE
2 . SUMMARY STATEMENT: As recommended by the Operations
Committee, authorization for the Mayor to sign agreements with
FYI Image for the purchase of a High Performance Disk System
and Magneto-Optical Jukebox, subject to City Attorney approval
of the documents.
On February 21, 2001, I .T. released a Request for Quotes (RFQ)
for a High Performance Disk System and Magneto-Optical Jukebox.
The City received four responses to the RFQ. However, only one
response included all of the specified components . After
reviewing the quotes, the Information Technology Department
recommends awarding the RFQ for a High Performance Disk System
and Magneto-Optical Jukebox to F.Y. I . Image in the amount of
$71, 154 . 58 .
3 . EXHIBITS: Memo from Stan Waldrop and Jim McKenney and request
for quotes
4 . RECOMMENDED BY: Operations Committee 3/20/01 (unanimous)
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $71 , 154 . 58
SOURCE OF FUNDS : Technology Plan
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
KENT
WA�MIMOTOM
INFORMATION
TECHNOLOGY
DATE: March 12,2001
TO: Council Operations Committee
FROM: Stan Waldrop,I.T. Systems Division Manager
Jim McKenney,I.T. Senior Systems Analyst
RE: Document Management System Storage Devices
Background:
On March 6, 2001, we intended to present the purchase recommendation for the Document
Management System hardware to the City Council Operations Committee. However, the vendor
responses required further analysis and we asked to amend the motion to remove the system
hardware recommendation. We have concluded our review.
Process:
On February 21, 2001,we released a Request for Quotes (RFQ) for a High Performance Disk
System and Magneto-Optical Jukebox. The City received four responses to the RFQ. However,
only one response included all of the specified components.
Purchase Recommendation:
After reviewing the quotes,the Information Technology Department recommends awarding the
RFQ for a High Performance Disk System and Magneto-Optical Jukebox to F.Y.I. Image, in the
amount of$71,154.58
Attachments:
♦ Request for Quotes for High Performance Disk System and Magneto-Optical Jukebox
Motion:
Move to authorize the Mayor to sign contracts with FYI Image for the purchase of a High
Performance Disk System and Magneto-Optical Jukebox, subject to City Attorney approval of
contract documents.
i
4W
Kent City Council Meeting
�^ Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: COPIER UPGRADES IN PRINT SHOP - AUTHORIZE
2 . SUMMARY STATEMENT: Authorization to execute lease/rental
agreements for new and upgraded copiers in the print shop. The
print shop has two black & white copiers . One copier rental
has expired and the copier is at the end of its life cycle and
must be replaced. The other copier' s rental agreement expires
this year. In addition, the City will add a digitally
connected color/copier for use citywide by all departments.
This request replaces the current equipment with equipment
providing higher speed; improved capability, digitally
connected copier/ printers. These copiers will increase
flexibility, speed and service to customers, so that they can
better serve the citizens . The copiers are well within the
current operating budgeted amounts. Please see the attached
information for more details .
3 . EXHIBITS: Operations packet, Xerox submittal of equipment
guarantee and company stability
4 . RECOMMENDED BY: Operations Committee 3/20/01
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $77, 272 . 00
SOURCE OF FUNDS :Within current budget-Print Shop Operating Fund
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
INTEROFFICE MEMORANDUM
Date: March 13, 2001
•
KENT To: Kent City Council Operations Committee
I WASMIMGT OM
From: Dea Drake, Multimedia Manager
Cc: Marry Mulholland, Information Technology Director
Subject: Copier Upgrades in the Print Shop
Background:
The print shop has two black&white copiers. One copier rental has expired and the copier is
at the end of its life cycle and must be replaced. The other copier's rental agreement expires
"., this year. In addition, we have received budget approval to add a digitally connected
color/copier for use citywide by all departments.
Selection Process:
In determining which copiers were the best fit for the City of Kent, I researched the available
copiers on the market and their capabilities. In addition, I hired an industry consultant to
verify my findings. Xerox brand copiers were selected based on specific, required features,
which were not available on any other copier brands or models in those respective copy
speeds. There were other copiers, which appeared to compete, but upon site visits, were
found not to have the necessary features, speed or capability.
I have attached the consultant's report along with spreadsheets of the various lease and
rental options available through the State and KCDA contracts. The recommended options
have been highlighted in yellow on the spreadsheet. These options were selected based on
expected copier life, business practices and price. The options have been discussed and
approved through Administration.
Recommendation:
I am requesting approval to replace and upgrade the print shop copiers as follows:
• 42-month lease from the KCDA contract for one Xerox 5900, at 120 copies per
minute, with interposer unit;
42 month lease on the KCDA contract for a Xerox DocuColor 12 printer/copier with a
networked Fiery X-12 front end, at 12 copies per minute color and 50 copies per
minute black&white; and
• 48 month rental from the Washington State purchasing contract for one Xerox
DC480ST network connected printer/copier, at 75 copies per minute.
These copiers provide an increase in both speed and capability from the current copiers.
They are funded out of the print shop operating budget. This recommendation reflects a total
amount that is less than the budget allotment.
Thank you for your consideration of this request.
Attachments:
1. Staff analysis of current copiers and recommended copiers
2. Impact Technology Group report
3. Copier lease/rental spreadsheets
Motion:
I move to approve replacement and upgrade of the print shop copiers as follows:
To lease a Xerox 5900 and a Xerox DocuColor 12 under a 42-month KCDA contract; and to
rent a Xerox DC480ST digital copier under a 48 month State of Washington Contract.
U1My DmumentsV'tmtmgtopwm_operations 3 Ol.dw
City of Keknt
Copier Analysis and Staff Recommendation
KEN T Prepared by: Dea Drake, Multimedia Manager
W A S H I N G T O N
Current YTD Proposed
Current Rl Proposed Total
enta
Equipment ent Equipment 2001 yearly
2000 Incl.Tax
-monthease
Non-Digital Xerox 5100 Xerox 5900 80,000 copies
Copier- B&W KCDA Contract
(Incl.tax)
Features: Features:
100 copies per minute 120 copies per minute
Sizes up to 11x17" $29,012 Sizes up to 11x17" $38,670
110 lb Cover Stock 110 lb Cover Stock
Other Information: Other Information:
End of life, over Only copier in
8 million copies high speed range
on the machine who can do 11 x17,
3-year rental (a requirement for the City)
on year 5 new feature: Inserter
interposer unit
inserts tabs, colored inserts,
covers etc.
without a per copy charge.
Digital Copier/ 48-Month Rental
printer- B&W WA State Contract
(connected to the Xerox DC265 Xerox DC480 80,000 copies
network)
1.5 yrs old
2-yr rental Contract $24,760 $19,369
Ends this year.
Digital connected Digital connected
65 copies per min. 75 copies per min.
up to 11x17 up to 11x17
heavy cover stock heavy cover stock
Duplexing. Duplexing.
Secure Print, proof Print Secure Print, proof Print
set up multiple jobs set up multiple jobs
Digital Copier/ Xerox DocuColor 12 42-month
printer- Color No Current w Fiery X-12 computer front KCDA Lease
(connected to the Equipment end w 2500 copies
network)
NA NA 12.5 copies per minute color $19,233
50 copies per minute B&W
250 GSM card stock
Duplex copying Digital
printer/copier connected to
the network Handles up to
12x18 paper Pantone
Certified 600x600 dpi
Total 2000 and 2001 proposed budgets $53,772 $77,272.29
Total 2001 operating budget $92,877.0
impact technology group
Consulting Services in Office Equipment and Document Imaging Solutions
February 16, 2001 SENT VIA Email
ddrake®ci.kent.wa. us
Dea Drake, Multimedia Manager
City of Kent
Information Services
220 4th Avenue South
Kent, WA 98032-5895
Dear Dea,
Impact Technology Group (ITG) has completed the discovery and analysis review regarding
new print shop copier equipment.
Our objective was to review your current Xerox equipment proposal and present additional
options available with other vendors with similar equipment. Our findings were discussed
during our meeting on Wednesday, February 14, 2001. Below please find additional
information regarding the proposed equipment and comparison models offered under
Washington State Contracts.
ITG recommends that the City rent the equipment under a State Contract versus leasing or
purchasing. The State Contracts gives you the ability to upgrade equipment without penalty,
providing you do not change contract vendors. There is a 90-day warranty after placement of
equipment and a four-month penalty thereafter if you choose to cancel the contract. To order
r equipment,.the City submits a purchase order to the vendor of choice, listing equipment, State
rental pricing and State contract number. Do NOT sign a contract with the vendor.
PROPOSED EQUIPMENT
Xerox DC480 DIGITAL Copier/Printer:
The Xerox DC 480 is a brand new digital model, which includes the ability to staple a legal-size
document in the upper left-hand corner. It has a 433HMz Intel Celeron print controller. The
DC model is "copier-only" version, with the ability to add printing, "ST" model. The system can
also include network scanning and network fax functions. The system will allow you to scan
copy jobs while the machine is copying another job or outputting one using the print function.
You can interrupt the job in progress to print out your scanned copy job after the current set is
complete. Unique to the Xerox, it will allow multiple scan jobs, with a 4.5GB hard disk to store
them. The "build job" feature enables users to assemble a job in memory from originals that
cannot be scanned at once. This feature may to advantageous when preparing weekly Council
Packets. Total paper capacity is 5100 sheets and it can handle 110-pound index paper,
simplex or duplex.
COMPARISON MODELS OFFER ON STATE CONTRACT#05899
Konica, Panasonic and Canon offer digital models in this category. I have attached the
Washington State Pricing comparison for all models on State Contract #05899. Ricoh is not on
the Digital State Contract.
impact technology group
Consulting Services in Office Equipment and Document Imaging Solutions
Ms. Dea Drake
City of Kent
February 16, 2001
Page 2 of 2
The Konica 7075, a 75cpm machine, can handle 110-pound index in all four paper drawers,
and has an optional 4.3GB hear drive. The option will allow users to store documents in the
system and reprint as needed. The price is considerably less than the Xerox, with similar
function capabilities.
Panasonic offers the D600 series, a 60 cpm digital machine. It does not have the capability to
run 110-index.
Canon has two copiers offered in the Category 6 —the imageRUNNER 600 is a 60cpm system
and the imageRUNNER 110 is a 110cpm system. The imageRUNNER 110 is a strong digital-
connected system, with a three-year rental price startling at $6708.00 per month. If the Print
Shop would consider one system only, the Canon imageRUNNER 110 needs to be reviewed.
PROPOSED XEROX 5900, STATE CONTRACT#01597
Xerox is the only manufacturer offering equipment in Category 2, High Volume Copiers, of
State Contract #01597. The 5900 is a 120cpm analog system. It has the ability to copy 11" X
17" and has an optional "Interposer" paper-feed. The, Interposer enables preprinted materials
to be added to the production process in-line, without affecting the meter. The volume is for
users of 100,000 to 500,000 copies per month.
PORPOSED XEROX DOCUCOLOR 12
The Xerox DocuColor 12 is not offered on the State Contract. The Xerox proposed pricing is
under the KCDA 48-month fair market value lease. ITG recommends a 36-month term, with
confirmation on the buy-out prior to signing a lease. The City must have the option to upgrade
the color system as needs and volume increase throughout the next few years.
We appreciate this opportunity to be of continued service to The City of Kent. If you have any
further questions or concerns, please contact me by phone at (425) 313-8886 or email at
iudi@4ita.com.
Sincerely,
Impact Technology Group
'�e4 e. 6
Judith C. Baker
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THE DOCUMENT COMPANY
XEROX
March 23, 2001
Mrs. Dea Drake
Multi-Media Manager
220 Xh Ave. South
Kent. WA 98032
Dear Mrs. Drake:
There has been plenty of negative news reported about Xerox lately. On October 24, we announced a major effort
to stabilize the company, focus on our core business and return Xerox to excellence.
As one of our most valued customers,you may have questions about Xerox and our plans to overcome our
business challenges. That's why we wanted to share some of our thoughts with you today.
Xerox is a vibrant company with extraordinarily talented people dedicated to delivering our customers products.
services and solutions that lead our industry. We are confident that we will emerge from our current difficulties a
stronger company.
We can assure you that Xerox is a viable partner for you over the long term. We are focused on ensuring the
stability of our relationship with you and the continuous improvement of our level of service to your organization.
As we launch our turnaround plan, we are determined that our actions will, in fact, strengthen the level of sales.
technical, outsourcing and administrative service delivered to our customers. And we will re-ignite the passion for
Quality and Customer Satisfaction that has been synonymous with the Xerox name for decades.
We've been there to help your organization grow and prosper and we intend to be there to help you build on that
success. Xerox will do what it takes to earn your continuing respect, your confidence and your future business.
Please accept our thanks for your business, for your loyalty and for your support.
Sincerely,
Lar ho pso
Vice Presiden nd General Manager
Xerox, Western Education and Government Operations
www.xerox.corn/customerfirst
v\C SEC'/
Cerox Corporation O
1851 E.First Street �' A
Santaana. Ca 92705
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Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: KING COUNTY RECYCLING GRANT AGREEMENT - AUTHORIZE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to sign the King County
Recycling Grant Agreement, direct staff to accept the grant and
establish a budget for $117, 208 . 00 . This grant funds the
City' s Optional Recycling Events and Business Recycling
Program.
3 . EXHIBITS: Public Works Director memorandum and grant
r agreement
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc . )
S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
COMMUNITY DEVELOPMENT
Mike H. Martin, Deputy Chief Administrative Officer
/^ PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
400
Phone: 253-856-5500
K E N T Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: March 14, 2001
To: Public Works Committee
From: Don Wickstrom, Public Works Director
Regarding: Waste Reduction and Recycling Program/Grant
�-. The Public Works Department has received an agreement for funding from King
County for the City's Optional Recycling Events and Business Recycling Program.
These events are held twice yearly and enables citizens to recycle materials not
included in curbside collection programs. The total budgeted funding under this
agreement is S 117,208.00.
MOTION:
Authorize the Mayor to sign the grant agreement and direct staff to accept the grant
and establish a budget for $117,208.00
0501mp
CONTRACT AMENDMENT Page 1 of 8 Pages
Project Name Waste Reduction and Recycling Contract No. D 29087 D
Grant Program & City Optional Date Entered 10/11/00
Program Amendment No. I
Agency/Contractor City of Ifent Date Entered
Address 220 Fourth Avenue South
Kent, JVA 98032-5895
AiNIENDMENT REQUESTED BY: AMENDMENT AFFECTS: ("X" applicable items)
Solid Waste Division x Scope of Services Method of Payment
Organization Time of Performance Reliance
Rodney G. Hansen, Alanager x Compensation x Terms & Conditions
Name Results of Services
NECESSITY It is necessary to change the terms and conditions of this Agreement and expand
FOR CHANGE the scope of services since the Solid Waste Division is incorporating its City
Optional Program into the Agreement and distributing additional grant funding
to the City.
AMEND This Agreement has been authorized by the legislative body of each party as
designated below:
King County Motion No. 10965
Citv
To REND This Agreement has been authorized by the legislative body of each party as
desisrtated below:
King County Motion Nos. 8857 & 10965
Citv
Lti WITNESS HEREOF, the parties hereto have caused this amendment to be executed and
instituted on the date first above written.
ACKNOWLEDGEMENT AND ACCEPTANCE
Kltv'G COUNTI', WASHINGTON Agency/Contractor
By By
Title County Evecutire Title
Date Date
:P:�Snpublicll'eslcn\5'RR`.Gnnt Liio�?001 Gram'„\mcnJmcros'.FallR'RR-S{i[•BUS.Joc
CONTRACT AMENDMENT Page Z of 3 Pages
Project Name IVaste Reduction and Recycling Contract No. D 29087D
Grant Prograrn City Optional Date Entered 10/11/00
Program Amendment No. 1
Agency/Contractor City of Kent Date Entered
AMEND PREAMBLE
King County and the City of Kent adopted the King County Comprehensive
Solid Waste Management Plan, which includes recycling and waste reduction
goals. In order to help meet these goals, the King County Solid Waste Division
has established a waste reduction and recycling grant program for the suburban
cities. This program provides funding to further the development and/or
enhancement of local waste reduction and recycling projects.
Grant funding is available to all King County suburban cities that operate under
the King County Comprehensive Solid Waste Management Plan. The City will
spend its grant funds to fulfill the terms and conditions set forth in the scope of
work which is attached hereto as Exhibit A and incorporated herein by
reference. The County expects that any information and/or experience gained
through the grant program by the City will be generously shared with the
County and the other suburban cities.
To READ King County and the City of Kent adopted the King County Comprehensive .
Solid Waste Management Plan, which includes waste reduction and recycling
coals. In order to help meet these goals, the King County Solid Waste Division
has established the City Optional Program and a waste reduction and recycling
grant program for the cities in King County.
The City Optional Program provides grant fiends for cities to conduct Special
Recycling Events, which enable citizens to recycle materials that are not
included in curbside collection programs, and to establish and maintain
Business Waste Reduction and Recycling Programs and services. Cities
applying for city optional funds must agree to organize a minimum of one
Special Recycling Event. The City will spend its city optional grant funds to
fulfill the terms and conditions set forth in the scope of work that is attached
hereto as Exhibit A-1, and incorporated herein by reference.
The waste reduction and recycling grant program provides funding to further the
development and/or enhancement of local waste reduction and recycling
projects. Funding is available to all King County cities that operate under the
King County Comprehensive Solid Waste Management Plan. The City will
spend its grant funds from this program to fulfill aspects of the scopes of work
that are attached hereto as Exhibit A, which is incorporated herein by reference,
and Exhibit A-1.
CONTRACT AMENDMENT Page ; of S Pages
Project Name Waste Reduction and Recycling Contract No. D 2903E D
Grant Program & City Optional Date Entered 10/11/00
Program Amendment No. 1
Agency/Contractor City of Kent Date Entered
A,mEND I. PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding
to be provided to the City of Kent from the County for waste reduction and
recycling programs and/or services as outlined in the scope of work and budget
attached as Exhibit A.
To REND The purpose of this Agreement is to define the terms and conditions for funding
to be provided to the City of Kent from the County for various waste reduction
and recycling programs and/or services, as outlined in the scopes of work and
budgets attached as Exhibits A and A-1. These programs and/or services
include, but are not limited to, the implementation of Special Recycling Events
and Business Waste Reduction and Recycling Programs.
AMEND II. RESPONSIBILITIES OF THE PARTIES, Section A.1.
Funds provided to the City by the County pursuant to this Agreement shall be
used to provide waste reduction and recycling programs and/or services as
outlined in Exhibit A. The total amount of funds available from this grant shall
not exceed S41,733.00.
To READ The total amount of grant funds available shall not exceed S 117,208.00.
Funds provided to the City by the County pursuant to this Agreement shall be
used for the following:
a. To sponsor two Special Recycling Events for the collection from City
residents of recyclable materials not included in household collection
programs, consistent with the scope of work and budget attached hereto as
Exhibit A-1;
b. To provide waste reduction and recycling programs and/or services to the
City's businesses, consistent with the scope of work and budget attached
hereto as Exhibit A-1; and
c. To provide other waste reduction and recycling programs/projects,
consistent with the scopes of work attached hereto as Exhibit A and
Exhibit A-1.
^t
CONTRACT AMENDMENT Page 4 of 3 Pages
Project Name Waste Reduction and Recycling Contract No. D 29087 D
Grant Program & City Optiondl Date Entered 10/11/00
�—� Program Amendment No. 1
Agency/Contractor City of Kent Date Entered
AMEND II. RESPONSIBILITIES OF THE PARTIES, Section A.2.
The City will submit quarterly reports to the County in a format specified by the
County. These reports will include: a) a description of each activity
accomplished in the previous quarter as pertains to the scope of work; and b)
reimbursement requests with copies of invoices and statements for each
expenditure for which reimbursement is requested.
These reports shall be submitted to the County fifteen days after the end of each
calendar quarter: (1) first quarter reports are due by April 15; (2) second quarter
reports are due by July 15; (3) third quarter reports are due by October 15; and
(4) fourth quarter reports are due by January 15.
To Rr_AD The City will submit written reports to the County in a format specified by the
County. These reports will include: a) a description of each activity
accomplished as pertains to the scope of work; and b) reimbursement requests
with copies of invoices and statements for each expenditure for which
�.. reimbursement is requested.
At a minimum, such reports shall be submitted to the County semiannually for
the six-month periods from January through June and July through December.
The reports will be due by August 1 and January 15 respectively. If the City is
still undertaking aspects of its scope of work and there has been no grant
activity during any given six-month period, the City will notify the County, in
writing, to that effect by the applicable due date.
The City may, at its discretion, submit up to two additional reimbursement
requests annually. Any such reimbursement requests submitted to the County
will be accompanied by written reports as specified above.
AMEND II. RESPONSIBILITIES OF THE PARTIES, Section A.3., Sentence 2
The final report is due within three months of completion of the project(s)
outlined in the scope of work, but no later than March 31, 2002.
To REND The final report is due within six months of completion of the project(s)
outlined in the scope of work, but no later than June 30, 2002.
CONTRACT AMENDMENT Page 5 of 3 Pagcs
Project Name Waste Reduction and Recycling Contract No. D 29087 D
Grant Program & City Optional Date Entered 10/11/00
Program Amendment No. I
Agency/Contractor City of Kent Date Entered
ABIEND Il. RESPONSIBILITIES OF THE PARTIES, Section A.10., Sentence 1
The City agrees to submit to the County copies of all written materials which it
produces and/or duplicates for local waste reduction and recycling projects
which have been funded through the waste reduction and recycling Grant
program.
To REND The City agrees to submit to the County copies of all written materials which it
produces and/or duplicates for local waste reduction and recycling projects
which have been funded through the City Optional Program and the waste
reduction and recycling grant program.
A:,IEND II. RESPONSIBILITIES OF THE PARTIES. Section A
To ADD Special Recvclin, Event Provisions
12. Cities applying for City Optional Program funds must agree to collect at
least four items, from the following list of eleven, at each event.
Polycoated Paperboard PET & HDPE Plastic Containers
�3-7 Plastics ° Ferrous Metals
' Clean Wood (untreated) Non-Ferrous Metals
Textiles Bulky Wood Waste (>3" diameter)
• Tires Reusable Household Goods
° Appliances
13. The City shall be required to maintain records of where collected materials
are sold or processed to guarantee that all the collected materials are either
reused or recycled and to verify the amounts collected. Any reimbursement
request which includes costs for Special Recycling Events shall be
accompanied by an event report which shall include information on the
amount of each material collected, the number of vehicles attending, the
total cost for each budget item and the amount of that cost for which
reimbursement is requested.
In the event that the City hires a consultant to manage, plan, or staff the
City's events, the City will provide documentation from the consultant of
the number of hours spent on the event, by task, and the hourly rate
associated with each task.
CONTRACT AMENDMENT Page 6 of 8 Pages
Project Name Waste Reduction and Recycling Contract No. D 29087 D
Grant Programs & City Optional Date Entered 10/11/00
�. Program Amendment No. I
Agency/Contractor City of Kent Date Entered
14. The City will provide the King County Recycling Information Line and the
County's Special Recycling Event Project Manager with the date and
location of each Special Recycling Event provided by the City, as well as
copies of any printed materials used to publicize each event, as soon as they
are available, but no later than thirty(30) days prior to the event. All
promotional materials must contain the following sentence: "Partial funding
for this event provided by the King County Solid Waste Division." If there
is any change in the date or the location of an event, the City will notify the
County a minimum of thirty(30) days prior to the event.
15. The City agrees that any Special Recycling Events funded through the City
Optional Program will be open to all King County residents and that the
Countv has the right to publicize the events for the benefit of all County
residents.
Business Waste Reduction and Recycling Program Provisions
16. For aspects of the scopes of work that will be funded by the City Optional
/^ Program, the City agrees to the following: a) to promote business recycling
services; b) to provide assistance to businesses within City limits to establish
and expand their recycling, waste prevention, and buy recycled programs as
described in Exhibit A-1; and c) to work towards minimum service levels
for urban areas as defined in the 1992 King County Comprehensive Solid
Waste Management Plan on pages III-41 and 42.
17. The City will cooperate with the County to coordinate its efforts with
County programs. To facilitate cooperation, meetings may be scheduled
between the County, the City, and other cities that are participating in the
Business Waste Reduction and Recycling City Optional Program. The
Countv will coordinate any such meetings and cities participating in the
Business Waste Reduction and Recycling City Optional Program will be
given an opportunity to assist in the coordination of such meetings. Any
such meetings will be held to share information about Business Waste
Reduction and Recycling Programs, to coordinate assistance and programs,
and to plan for 2002.
AiNtEND II. RESPONSIBILITIES OF THE PARTIES, Section B.I.
The County shall administer funding for the waste reduction and recycling grant
�- program. Funding is designated by city and is distributed on a per capita basis.
The City of Kent's budgetcd grant funds are S41,733.00.
CONTRACT AMENDMENT Page 7 of S Pages
Project Name Waste Reduction: and Recycling Contract No. D 29087 D
Grant Program & City Optional Date Entered 10/11/00
Program Amendment No. 1
Ac7ency/Contractor City of Kent Date Entered
To REr�.D The County shall administer funding for the grant programs. The amount of
King County funds to be distributed to the City is $117,208.00. King County
funding is based on the following:
a. The total amount of King County funds budgeted for Special Recycling
Events through the City Optional Program, which is allocated on the basis
of a$4,000 base amount plus a per capita distribution. The City of Kent's
budgeted allocation for 2001 is $13,960.00.
b. The total amount of King County funds budgeted for Business Waste
Reduction and Recycling Programs through the City Optional Program,
which is allocated on the basis of the number of employees within each city.
The City of Kent's budgeted allocation for business recycling through this
grant program in 2001 is S23,851.00.
c. The current amount of King County funds budgeted for the waste reduction
and recycling grant program, which is designated by city and is distributed
on a per capita basis. The City of Kent's budgeted grant funds through this
program are $79,397.00.
AMEND II. RESPONSIBILITIES OF THE PARTIES, Section B.
To ADD 6. The Special Recycling Events shall be administered by Vicki Holt, Project
Manager, or designee, specified by the King County Solid Waste Division.
Business Waste Reduction and Recycling Program Provisions
7. The Business Waste Reduction and Recycling Program shall be administered
by Dale Alekel, Project Manager, or designee specified by the King County
Solid Waste Division.
S. The County will not provide technical assistance services to individual
businesses within the corporate limits of the City unless such assistance is an
integral part of a County targeted commodity or targeted industry program
and unless such assistance is undertaken in cooperation with the City. The
City shall be eligible for any regional business services offered by the
County that are outside the category of technical assistance.
^1
I
CONTRACT AMENDMENT Page 8 of 8 Pages
Project Name Waste Reduction and Recycling Contract No. D 29087 D
Grant Program & City Optional Date Entered 10/11/00
Program Amendment No. 1
Agency/Contractor City of Kent Date Entered
9. The County will share the results of previous business audits and/or follow
up surveys conducted within the City limits (and any printed materials such
as case studies that the City wishes to use in its own programs). The County
will provide information about existing Green Works members located
within the City limits. The County will also provide its quarterly newsletter
production schedule to the City in the event that the City wishes to publish a
quarterly insert for distribution to the businesses in the City.
A,NIEND Exhibit A, Scope of Work
To ADD Exhibit A-1, Supplemental Scope of Work
EXHIBIT A
Scope of Work and Budget
�1
King County Waste Reduction and Recycling Grant Program
A. PROGRAM INFORMATION:
1. City: City of Kent
2. Program Title: King County Waste Reduction and Recycling (WRIR)
Grant Program for the Suburban Cities
3. Program I'v4anager: Robyn Bartelt
Conservation Specialist
4. .-Address: City of Kent
220 4th Ave. South
Kent, WA 95032-5596
TEL - (253) 856-5549
FAX - (253) 5_56-6500
Email —rbartelvaci.kent.wa.us
^1,
5. Consultant: Paul Devine
Olympic Environmental Resources
4715 SW Walker Street
Seattle, WA 95116
TEL - (206) 93 S-S262
FAX - (206) 93S-98T
Email —PaulDevine(c).VISN.com
6. Budget: S41,733.00
B. SCOPE OF WORK:
Task 1: Waste Reduction and Recycling Program for Businesses
Background/History: Since 1996, the City of Kent has worked to promote waste reduction,
participation in commercial collection programs for recyclable materials, and the purchase of
recycled products in the Kent commercial sector. The City has distributed brochures, on
recycling service providers, and guides, on buying recycled products, through direct mailings
and door-to-door delivery. The City has also conducted on-site waste consultations with
conunercial business owners and managers, produced individual consultation reports, and
1
provided follow-up assistance to City businesses. During the consultations, the City
distributed recycling bags and a variety of different recycling containers/bins.
Goal: The goal of this program is to achieve greater resource efficiency in the City of Kent.
To accomplish this, the City must promote recycling in the Kent business community with
educational materials that contain current information. As City businesses better manage their
waste and recycle more, less recyclable material will end up in the local landfill. This
program will help Kent reach its goal of diverting 65% of the City's waste stream. According
to the City's haulers, the Kent commercial recycling rate at the end of 1999 was a diversion
rate of 50% of the waste stream and 35% participation rate for businesses. The (goal of the
program is to increase the diversion rate to between 60-70% and the participation rate to
50°b.
Subtask Ia: Guide to Business Recycling
1) Program Description: The City will prepare a Kent Guide to Business Rec}•cling for Citv
businesses. The City will research and write the guide to describe and promote the variety of
recycling services available to City businesses. In addition to curbside recycling programs.
the ;aide will contain resources for recycling the "hard to recycle" materials. The guide will
include information on City sponsored, King County, and private sector services, and
recycling drop-off locations. The City will promote the Guide through the City of Kent's
newsletters, event flyers, the Kent Chamber of Commerce, and direct mailings.
Whenever possible, the City will use language/graphics from the educational materials and
brochures previously developed by King County and/or the other suburban cities.
?) Program Deliverable:
• Produce and distribute approximately 4,500 guides.
3) Program Evaluation: The City will monitor the program by reporting the following:
• Number of guides distributed.
• The estimated change in the amount of material collected by the City's garbage hauler.
• Recycling participation rate and rate of diversion.
Subtask lb: Guide to Buying Recycled Products
1) Program Description: The City will update the existing Kent Guide to Buying Recycled
Products for City businesses. The guide will include information on where City businesses
can purchase recycled content products in the Kent area. The City will promote the Guide
through the City of Kent's newsletters, event flyers, Kent Chamber of Commerce and direct
mailings.
2
)Whenever possible, the City will use language/graphics from the educational materials and
brochures previously developed by King County and/or the other suburban cities.
2) Program Deliverable:
• Update, produce and distribute approximately 6,500 guides.
3) Program Evaluation: This program will result in greater recycled product procurement
as City businesses better incorporate recycled products into their purchases. The City will
monitor the program by reporting the following:
• Number of guides distributed.
• Recycling participation rate and diversion rate.
Task 2: Guide to Residential Recycling
a. Background/History: The City of Kent needs to provide recycling altematives for reuse
and recycling of hard-to-recycle items. While the City provides for curbside collection of
common household recyclable materials, many recyclable or reusable materials are not
collected. These materials can end up in local landfills. In 1997, the City produced a Kent
Guide to Residential Recycling and distributed it to all City households. That guide is
outdated and most phone numbers have changed, including all city phone numbers. As of
January 2001, over 5,000 residents previously annexed to the City, will fall under the solid
waste and recycling service of the City's contracted hauler. The City intends to revise and �
update the existing information and add new information on City, King County, private
sector sen ices, and recycling drop-off locations.
b. Goal: The goal of the program is to promote residential alternatives for the reuse and
recycling of hard-to-recycle items. According to the City's haulers, the Kent residential
recycling rate at the end of 1999 was a diversion rate of 65°o of the waste stream and S6`
participation rate for the residential sector. The goal of the program is to increase the
diversion rate to between 70-75% and the participation rate to 90%.
c. Program Description: The City will produce and distribute a revised Kent Guide to
Residential Recycling for City residents. The guide is intended for use as a reference guide
and will include waste reduction, re-use, recycling, and recycled product procurement
opportunities for Kent residents. This educational booklet will describe and promote a variety
of recycling opportunities available through the City of Kent, King County and the private
sector. The City will promote the Guide through the City of Kent's newsletters and event
flyers.
NV1ienever possible, the City will use language/graphics from the educational materials and
brochures previously developed by King County and/or the other suburban cities.
3
d. Program Deliverable:
• Produce and distribute approximately 24,000 guides.
e. Program Evaluation: The City will monitor the program by reporting the following:'
• Number of guides distributed.
• The estimated change in the amount of material collected by the City garbage hauler.
• Recycling participation rate and diversion rate.
C. PROGRAM SCHEDULE:
Task 1: NVR/R Program for Businesses
Subtask 1a: Guide to Business Recycling
• Prepare and distribute Kent Guide to Business Recycling by December 31, 2001.
Subtask lb: Guide to Buying Recycled Products
• Prepare and distribute Kent Guide to Business Recycling by December 31, 2001.
Task 2: Guide to Residential Recycling
• Prepare and distribute the Kent Guide to Residential Recycling by May 15, 2 00 1.
' In the past, some suburban cities have included surveys in similar guides. Since there has been a poor return rate
for these surveys,this method will not be used as an evaluation tool by the City of Kent.
4
D. PROGI-tkM BUDGE;r:
The City does not intend to use other sources of grant funding for this program. The budget
below only indicates the use of King County WR/R Grant Program funds.
King County WRR Grant Cost Cost Total
Budget Category Basis Hours
Task 1 a: Kent Guide to Business Recycling
Research and write guide $5,300.00 $54.00 hr. 98.15
Graphic design $1,500.00 $54.00 hr. 27.78
Print guide-4,500 copies $3,000.00 NA 0
Distribute guide $2,500.00 NA 0
Task 1 b: Kent Guide to Buying Recycled Products _
Research and update guide $1,500.00 $54.00 hr. 27.78
Graphic design $300.00 $54.00 hr. 5.56
Print guide - 6,500 copies $2,110.00 NA _ 0
Distribute guide $2,900.00 $0.3_3. 8923.OS
Task 2: Kent Guide to Residential Recycling
Research and write guide $8,701.00 554.00_hr. 161.13
Graphic design $1,700.00 554.00 hr. 31.48
Print guide - 24,000 copies $4,500.00 NA 0
Distribute guide $3,500.00 NA 0
Grant Administration
1. Program Management $2,100.00 $54.00 hr. 38.89
2. Project Expenses
Mileage (Miles x .325) $350.00 S .325 a mile NA
Office Supplies $300.00 NA 0
Miscellaneous/Contingency $1,472.00 NA 0
Total $41,733.00
* Hourly rates for event management and staff are as follows:
Project Manager-S70.00
Event Staff-S55.00
Administrative Staff-S40.00
For budgeting purposes, an average of S54.00 per hour is used.
5
Exhibit A-1
Supplemental Scope of Work
2001 Solid Waste Division Grant Programs
A. Basic Information
1. City of Kent
2. City Optional Program (COP) and the Waste Reduction and Recycling (WRR) Grant
Program
3. Grant project manager: Robyn Bartelt
Conservation Specialist
City of Kent
220 4th Ave. South
Kent, WA ' 98032-5895
TEL - (253) 856-5549
FAX - (253) 856-6500
Email — rbartelt@ci.kent.wa.us
4. Consultant name: Paul Devine
Olympic Environmental Resources
4715 SW Walker Street
Seattle, WA 98116
TEL - (206) 938-8262
FAX - (206) 938-9873
Email — PaulDevine`'MSN.com
5. Total amount requested: COP for Special Recycling Events - $13,960.00
COP for Business Recycling - 523,851.00
WR/R Grant Program - 537,664.00
Total: 575,475.00
B. Scope of Work
1. Task One: Kent Special Collection Events.
a. Schedule - Spring and Fall, 2001
b. Program/Project Specifics
1) Project Activities
Number of events —Two
1
• Materials to be collected:
• Appliances
• Refrigerators and Freezers
• Ferrous Metals
• Non-ferrous Metals
• Concrete, Asphalt, Rock, and Brick+
• Tires
• Lead Acid Batteries
• Household Batteries
• Porcelain Toilets and Sinks
• Propane Tanks
• Cardboard
• Reusable Household Goods
• Textiles
• Used Motor Oil
• Used Motor Oil Filters
• Used Antifreeze
• Used Petroleum Based Products
• Computers/Monitors
• Florescent Lights
• Bulky Yard Debris*
• Scrap Wood*
*Collected in the Spring
+ Collected in the Fall
Some user fees will apply
• The following educational materials will be distributed:
• Information on City Recycling Programs.
• Local Hazardous Waste Management Plan Educational Materials
produced by King County Department of Natural Resources.
• Other educational materials.
• Event promotional methods
• By distributing a promotional flyer through direct mailings.
• By notices in City/community newsletters and local newspapers
(whenever possible).
• By posting a notice at City Hall and on the City cable channel (if
available).
• By publicizing the event through the King County Solid Waste Division's
promotional activities.
• Event staffing: Key personnel will include City staff, consultant staff, and
volunteers. Experienced qualified individuals will fill the event greeter,
education personnel, and traffic control personnel positions.
2) Evaluation will include:
• Number of vehicles attending
• Volume of each material collected
• Event cost by budget category
• Event comments
• Graphic or tabular comparison of 2001 volumes and vehicles with prior year's
events
• Summary of survey data collected (if taken)
3) Budget: S13,960.00
Budget Catagory Quantity Total COP LHWMP SPRING FALL TOTAL
Quantity Costs
City Staff-hours' 37.04 $2,000.00 $1,000.00 $1,000.00 S1,000.00 S1,000.00 $2,000.00
Consultant Costs-hours" 268.52 $14,500.00 $1,310.00 $13,190.00 $7,250.00 $7,250.00 $14,500.00
Collection/Hauling Costs
Wood Waste-tons 15 $1,200.00 $1,200.00 $0.00 $1,200.00 $0.00 $1,200.00
Concrete-tons 50 S1,500.00 $1,500.00 $0.00 $0.00 51,500.00 S1,500.00
Scrap MetallAppliances-tons 50 $3,000.00 $3,000.00 $0.00 $1,500.00 $1,500.00 $3,000.00
Tires-: 2000 $3,200.00 S0.00 $3,200.00 $1,600.00 $1,600.00 $3,200.00
Used Oil/Antifreeze/etc.-gallons+ 1600-2000 $2,400.00 $0.00 $2,400.00 $1,200.00 $1,200.00 $2,400.00
Batteries-X+ 225-285 $600.00 S0.00 $600.00 $300.00 $300.00 $600.00
Garbage-tons 4 $400.00 $200.00 $200.00 S200.00 $200.00 $400.00
Printing/Mailing S8,000.00 $4,000.00 $4,000.00 $4,000.00 S4,000.00 $8,000.00
Event Supplies ------- S500.00 S250.00 $250.00 $250.00 S250.00 S500.00
Other Expenses ------ 53,500.00 51,500.00 $2,000.00 $1,750.00 $1,750.00 $3,500.00
TOTALS ----- $40,800.00 $13,960.00 526,840.00 520,250.00 $20,550.00 540,800.00
* Hourly rates for City staff are estimated at S50.00 per hour.
**Hourly rates for consultant staff are as follows: Project Manager-$70.00, Event Staff-S55.00, and
Administrative Staff- S40.00
2. Task Two: Kent Business Recycling Program
a. Schedule - January 1, 2001 - December 31, 2001
b. Goals - The program goal is to help the City reach its waste reduction and
recycling goals of 65 percent of the Kent waste stream. To do this Kent must
increase the diversion of recyclables from the commercial sector. The current
commercial recycling rate is estimated at between 44-50%. The Kent Planning
Department, through the issuing of business licenses, estimates that roughly 3,500
businesses operate in Kent employing 57,157 people.
Through the recycling technical assistance the City will promote participation in
waste reduction, recycling, and recycled product procurement programs and
increase the knowledge of recycling alternatives in the commercial sector. The
City will provide general outreach to all types and sizes of businesses.
3
c. Program/Project Specifics
1) Background/History—The City of Kent garbage hauler, Waste Management/RST
and Kent Disposal, along with private recycling services, provides the collection
of recyclables from the City commercial sector. Recycling services available
include the collection of plastic, glass, aluminum, tin, mixed paper, cardboard,
newspaper, yard debris, wood waste, construction, demolition, land clearing
(CDL) materials, and organics. In 2000, the City hosted a Business Special
Collection Event. The City plans to work closely with a consultant, Waste
Management, and private recycling service providers _on expanding recycling
collection for the materials outlined above and other hard-to-recycle materials.
Through this COP program the City will expand promotion and participation in
waste reduction, recycling, and recycled product procurement programs in the
commercial sector. The City will do this through the use of King County Solid
Waste Division informational materials, educational brochures, by providing
recycling technical assistance to City businesses, and hosting a one-day business
recycling collection event.
2) Program/Project Description
Subtask 1: Promotion of this component of the business outreach will be
provided through the Kent Recycling Report Newsletter sent to all Kent
businesses in coordination with the King County Recycling Worts business
newsletter. The City of Kent will coordinate its recycling technical assistance with
the Countv's Business Recycling Program by providing information and
assistance to any Kent business which requests information or assistance with
their waste reduction and recycling program. including Kent businesses which
have been referred to the City by the County, and by using the Green Works
recognition program to motivate and and reward businesses. Recycling technical
assistance Nvill be provided to businesses over the phone and on-site as needed.
Recycling technical assistance will include, but not be limited to, on-site waste
consultations, presentations to businesses, and help in determining waste
reduction techniques and recycled product uses. Consultant staff will provide
recycling technical assistance to businesses that generate typical business
recyclables and hard-to-recycle materials. Follow-up assistance will be provided
by consultant staff as needed and tracked in a format required by the County. City
and consultant staff will be responsible for recycling technical assistance. This
activity will begin in the first quarter of 2001 and continue throughout the year.
Recycling technical assistance provided over the phone to an estimated:
-40 medium to large sized businesses, or businesses with 20-50 employees
-25 small sized businesses, or businesses with fewer than 20 employees
Recycling Teclutical Assistance to Businesses located in Office Parks and Strip
Malls: During 2001, consultant staff will provide targeted recycling technical
assistance to businesses located within office parks and strip malls. This may
4
include, but not be limited to, selecting office parks and strip malls based on
amount of garbage generated, from an industry such as manufacturing, office, or
retail. Businesses will be encouraged to become a model in the community and to
provide their assistance to other businesses implementing similar programs.
Recycling technical assistance provided on-site to an estimated:
-30 businesses (any combination of large and medium sized businesses, Green
Works candidates, and targeted industries).
Subtask 2: Program Promotion/Community Outreach: Consultant staff will
prepare three 8 1/2" x I inserts for the quarterly King County Business
Recycling Newsletter beginning in the second quarter of 2001. Newsletter inserts
will focus on success stories, educational messages on waste reduction and buying
recycled products, and promote Kent's Program. Consultant staff will coordinate
mailing of the newsletter inserts with King County staff. Consultant staff will
prepare press releases, promoting the program when appropriate. Consultant staff
will be available for special presentations to community and business
organizations in Kent as needed. Other promotional activities may be added as
needed.
Deliverables:
-Prepare, print, and coordinate distribution with King Countv Business Recycling
Program a Kent Recycling Report° Newsletter which will be sent to all Kent
businesses that receive the County's Recycling Works business newsletter.
P"
Subtask 3: To address the situation that many Kent businesses have of
keeping/storing recyclable materials, the City will host a Kent Special Business
Collection Event. The purpose will be to allow for the collection of recyclables
that would othernvise not be collected. Many small businesses do not generate
enough of a particular material to retain a service provider, so they store the
material. Other businesses generate materials for which there are not service
providers readily available. To help Kent businesses recycle more material, the
City will host a one-day event to collect and recycle a variety of materials from
Kent businesses.
A) Event Name: Kent Special Business Collection Event
B) Projected Date: A Summer weekday in 2001
C) Event Hours: 12 pm to 5 pm
D) Event Location: A Kent central location
E) Number of Events: One
F) Materials to be Collected:
I) Clean Scrap Wood/Pallets
2) Cellular Phones
3) Computers
4) Fluorescent Lights
5) Office Recyc lab les/Cardboard
5
6) Toner Cartridges
7) Plastics
S) Other materials
G) Education Programs: The following educational materials will be distributed:
1) Information on City Recycling Programs.
2) Local Hazardous \Vaste Management Plan Educational Materials produced
by King County Department of Natural Resources.
3) Other educational materials.
H) Event Promotional Methods: Event promotion will be accomplished in the
following ways:
1. By distributing a direct mailing to Kent businesses.
2. By notices in City/community newsletters/and local newspapers (whenever
possible).
3) By distributing a promotional flyer to City Centers.
4) By posting a notice at City Hall and on the City cable channel.
5) By publicizing the event through the King County Solid Waste Division
Promotional Activities.
6) By promoting the event while doing recycling outreach to Kent businesses.
I) Event Staffing: Key personnel will include City staff, consultant staff, and vendor
staff.
The King County Solid Waste Comprehensive Plan, which the City of Kent adheres
to, outlines the need to reduce waste and recycle in Chapter III, page 26. The plan
supports continued education of residential recycling programs.......to increase the
public awareness of the need to reduce, recycle, and purchase recycled products." In
addition, a coal of the plan for enhancing recycling efforts is to provide, "More
comprehensive, nonresidential recycling systems....." (Chapter III, page 27). This
program is consistent with the King County Solid Waste Comprehensive Plan.
3) Deliverables — See above.
-) Expected Outcomes:lrnpacts: The program ;oal is to help the City reach its waste
redaction and recycling goals of 65 percent of the Kent waste stream. To do this Kent
must increase the diversion of recyclables from the commercial sector. The current
commercial recycling rate is estimated at between 44-50%. The Kent Planning
Department, through the issuing of business licenses, estimates that roughly 3,500
businesses operate in Kent employing 57,157 people.
Through the recycling technical assistance the City will promote participation in waste
reduction, recycling, and recycled product procurement programs and increase the
knowledge of recycling alternatives in the commercial sector. The City will provide
general outreach to all types and sizes of businesses.
6
d. Evaluation - The City will monitor the program by reporting the following:
�. Consultant staff will include the information as requested in the King County business
database. Summary program evaluation will include: the number of contacts made to
businesses and their response rates to the offer of recycling technical assistance; the
number of businesses receiving information; the number of businesses beginning or
expanding recycling activities; and the number of Green Works candidates and members
in the City of Kent. For the Kent Special Business Collection Event, Kent will provide
the following information to the County for project evaluation:
1) The number of participants attending.
2) The volume of each material collected.
3) Event cost by budget category.
4) Event comments.
5) Summary of survey data collected (if taken).
e. Budget: S23,851.00
Budget Category COP Consultant Consultant
Funds ost Hours -S54*
City Staff - salary and benefits $770.0
Consultant Staff-to include: 523,081 00 $23,081.00 336.11
On-site consultations $4,750.00 87.96
Telephone assistance $1,500.00 27.78
Business consultations reports 53,500.00 64.81
Follow-up calls to businesses 52,000.00 37.04
Project promotional inserts/flyers $2,500.00 46.30
Printing costs 51,200.00
Sorting costs 5500.00
Collection Event
Consultant staff $3,000.00 55.56
Project Vendors 51,500.00
Other Costs $1,000.00
Project Reports 5900.00 16.67
Project Expenses $731.00
TOTALS $23,851.00
*Hourly rates for consultants are as folio�\s: Project Hanauer- S i0.00, Staff-S55.00, and Adm nistratiN e
Staff- 540.00. For budgeting purposes, an average of S54.00 per hour is used.
3. Task Three: Promotion of the Kent Recycling Program
a. Schedule: 2001
b. Goals: The goal of this program is to achieve greater resource efficiency in the City of
Kent by introducing collection of more recyclable material in the City's revised solid
waste and recycling program. To do that, the City must continue to promote recycling
in the Kent residential community. As City residents better manage their waste and
recycle more, less recyclable material will end up in local landfills. This program will
help the City of Kent reach its recycling goals.
c. Program/Project Specifics
1) Background/History — In 2000, the City of Kent worked to implement a new
contract with the City garbage and recycling collection companies. This may
change residential waste and recyclable collection and billing. The City will
promote the residential recycling programs consistent with the City Solid Waste
Management Plan and may change the City billing rate structure:
2) Program/Project Description The City will work with its consultant, Olympic
Environmental Resources (OER) and the City haulers, to expand and promote any
new residential recycling collection services by undertaking the following:
• Promoting the Kent residential recycling program with program brochures and
other printed material, such as refrigerator magnets. ^�
• Promoting the Kent residential recycling program with press releases to local
papers, articles in the City newsletter, and web site promotion.
3) Deliverables - The City will purchase and distribute reusable bags and a
promotional guide to promote the Kent curbside recycling program and any
changes. The City will purchase:
• 3,000 program bags.
• 22.000 program guides.
4) Expected Outcomes/Impacts - The goal of this program is to achieve greater
resource efficiency in the City of Kent by promoting collection of recyclable
material in the City's revised solid waste and recycling program. To do that, the
Citv must continue to promote recycling in the Kent residential community. As
City residents better manage their waste and recycle more, less recyclable
material will end up in local landfills. This program will help the City of Kent
reach its recycling goals.
d. Evaluation - The City will monitor the program by requesting program feedback on
the City %veb site and by calls to City Hall.
e. Budget - S33,864.00
S
King County WRR Grant Total Hourly Total
�. Budget Category Cost Rate Hours
Promotinal Materials
Prepare and write guide $4,200.00 S54.00 77.78
Graphic design S1,500.00 $54.00 27.78
Print guide - 22,000 guides S4,500.00 NA 0
Distribute guide S2,800.00 NA 0
Purchase Bags S15,000.00
Program Promotion $5,864.00 NA 0
TOTAL $33,864.00
*Hourly rates for consultants are as follows: Project Manager-S70.00, Event Staff-S55.00, and
.-administrative Staff- S40.00. For budgeting purposes. an average of S54.00 per hour is used.
�. Task Four: Grant Administration
The City will work with its consultant, Olympic Environmental Resources (OER), to
administrate this Scope of Work. OER will:
• Track project expenses;
• Provide ongoing gTant administration through the completion of the tasks, as outlined
in this Scope of Work;
• Prepare quarterly reports for the grant program, as necessary: and
• Prepare final report.
r^
King County WRR Grant Total Hourly Total
1. Program Management S2,500.00 $54.00 46.30
2. Project Expenses
a. Mileage (S.325 x mile) $450.00 NA 0
b. Supplies S350.00 NA 0
c. Miscellaneous/Continoencv S500.00 NA 0
TOTAL $3.800.00
9
Kent City Council Meeting
Date April 3 . 2001
Category Consent Calendar
1 . SUBJECT: SEATTLE/KING COUNTY HAZARDOUS WASTE MANAGEMENT
GRANT AGREEMENT - AUTHORIZE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to sign the Seattle/King
County Hazardous Waste Management Grant Agreement, direct staff
to accept the grant and establish a budget for $39,421. 00 .
This grant funds the two city-wide Household Hazardous Waste
Collection and Recycling Events.
3 . EXHIBITS: Public Works Director memorandum and grant
agreement
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc . )
S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
COMMUNITY DEVELOPMENT
Mike H. Martin, Deputy Chief Administrative Officer
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
1�l 1 Phone:
K E Fax: 253-856-6500
WA$MINGTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: March 14, 2001
To: Public Works Committee
From: Don Wickstrom, Public Works Director&
Regarding: Local Hazardous Waste Management Grant
The Public Works Department has received an agreement for funding from
Seattle/King County Health Dept for two city-wide Household Hazardous Waste
Collection and Recycling Events. These special events allow citizens to recycle
specific items which are not included within the curbside recycling program. The
total budgeted funding under this Agreement is $39,421.00.
MOTION:
Authorize the Mayor to sign the Grant Agreement, direct staff to accept the grant
and establish a budget for $39,421.00.
0601 nip
EXHIBIT I
D22059D
MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS
WASTE MANAGEMENT PROGRAM FOR 2001 ACTIVITIES
This Memorandum of Understanding between the Seattle-King County
Department of Public Health and the City of Kent specifies the
administrative procedures and monetary reimbursement regarding
implementation of the Local Hazardous Waste Management Program.
Scope of Work
The City of Kent will organize two city-wide Household Hazardous
Waste Collection and Recycling Events . At these events the
following materials will be collected and recycled: batteries,
antifreeze, petroleum-based products, oil filters, fluorescent
lights and automobile tires . The City will produce and distribute
IPM educational material .
Reporting Requirements
The City shall submit progress reports to the Department with
each payment request . Payment requests must be submitted within
GO days after the completion of the event involved.
Budget
Attached hereto as "BUDGET/INVOICE" and incorporated herein.
We, the undersigned, agree to the above work:
KING COUNTY: CITY OF KENT:
Ron Sims Date Jim White Date
King County Executive Mayor
APPROVED AS TO FORM BY THE
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
EXHIBIT I-A
BUDGET/INVOICE
The City of Kent
220 Fourth Avenue South
Kent, WA 98032-5895
Gordon Clemans, Health & Environmental Investigator
Seattle-King County Department of Public Health
999 3rd Avenue, Suite 700
Seattle, WA 98104-4039
Period of time : January 1, 2001 to December 31, 2001 .
In performance of an Agreement between the Seattle-King County
Department of Public Health and the City of Kent, I hereby
certify that the following expenses were incurred during the
above mentioned period of time . The Department Program Monitor
will have access to details as needed.
Signature Date
ComAonent Budcret Ex-oenses Balance
HEW Collection:
Local Program Grants $25, 985
HW Education
Public Info/Outreach $13 , 43G
Total $39,421
For Department Use Only D22059D
Approved for payment :
Gordon Clemans Date
ram"
Kent City Council Meeting
�- Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: 42ND AVENUE SOUTH BOUNDARY LINES - RESOLUTION
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, adoption of Resolution No. providing for
modification of boundaries along 42nd Avenue South and
authorizing the Mayor to execute an agreement with the City of
SeaTac to adjust the common boundary lines along said right-of-
way.
�- 3 . EXHIBITS: Public Works Director memorandum and resolution
4 . RECOMMENDED BY•
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
COMMUNITY DEVELOPMENT
Mike H. Martin, Deputy Chief Administrative Officer
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
K E
Phone:253-856-5500
N T Fax: 253-856-6500
W.SH..GTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: March 14, 2001
To: Public Works Com hi tee
From: Don Wickstrom, Public Works Director
Regarding: 42"d Avenue South Boundary Lines - Resolution
r The attached resolution relates to modifying the boundaries along a portion of 42"d
Avenue South and also, authorizes an agreement between the Cities of SeaTac and
Kent, to adjust the common boundary lines along said right-of-way. The Public
Works Dept is requesting that the Committee forward this resolution on to the next
full Council for adoption.
MOTION:
Recommend authorization to adopt Resolution #_ relating to modification of
boundaries along 42"d Avenue South and an agreement with SeaTac to adjust the
common boundary lines along said right-of-way.
0401nip
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, relating to modification of
boundaries along a portion of 42"d Avenue South and
authorizing an agreement with the City of SeaTac to
adjust the common boundary lines along said right-of-
way, pursuant to RCW 35.13.310.
WHEREAS, previously the City of Kent, pursuant to Ordinance No.
3506, and King County, pursuant to Ordinance No. 13882, revised and modified a
common boundary along a portion of the 42"d Avenue South right-of-way so as to
include the full width of said right-of-way within the boundaries of the City of Kent;
and
WHEREAS, the purpose of that previous modification was to simplify
jurisdictional issues as well as the ongoing maintenance of 42"d Avenue South lying
generally between South 216`h Street and Orillia Road; and
WHEREAS, subsequently this portion of the 42"d Avenue South right-
of-wav was widened, realigned and improved pursuant to certain conditions relating to
an adjacent private development proposal that is located within the City of Kent.
which realignment and improvements have been reviewed and approved by the City of
Kent's Engineering Department; and
] Authorizing Modiftcatios of Bowidaries
Along 42"1 Avenue and Authorising Agreetueut
with City of Sea Tac to Adjust Coniston Boundat),Lines
WHEREAS, the result of this realignment has been to cause a portion
of the width of the 42"d Avenue South right-of-way to meander partly within the
boundaries of the City of SeaTac and partly within the City of Kent, including land
that is in the City of SeaTac but was dedicated to the City of Kent as part of this right-
of-way, and including a portion of certain stormwater facilities related to the realigned
right-of-way which were dedicated to and controlled by the City of Kent, but are
located within the boundaries of the City of SeaTac; and
WHEREAS, RCW 35.13.310 provides a method for the City of Kent
and the City of SeaTac to modify the common boundary within a right-of-way so as to
remove the City of SeaTac's jurisdiction lying within this portion of the 42"d Avenue
South right-of-way, and create a common boundary along the edge of said right-of-
way; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHNGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION I. In order to simplify jurisdictional issues as well as the
ongoing maintenance of 42"d Avenue South, the City of Kent hereby expresses its
intent to fully include the full width of that certain portion of the 42"d Avenue South
right-of-way, lying generally between South 216`h Street and South 2121h Street, so as
to be included within the corporate boundaries of the City of Kent. A description of
that portion of 42"d Avenue South that shall be altered so as to be included within the
City of Kent is attached and incorporated as Exhibit "A."
SECTION 2. The Mayor is authorized to enter into an agreement,
substantially in the form attached as Exhibit "B," with the City of SeaTac and to
otherwise perform any other acts necessary to complete this revision of the City's
corporate boundary along 42"d Avenue South, so long as it is consistent with the intent
of this Resolution and RCW 35.13.310.
2 Authorizing Modification of Boundaries .�
Along 42"d Avenue and Authorizing Agreement
with City of SeaTac to Adjust Common Boundary Lines
SECTION 3. Severability. If any one of more sections, subsections, or
r- sentences of this Resolution are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this Resolution and the same
shall remain in full force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be
in force from and after its passage as provided by law.
PASSED at a regular open public meeting by the City Council of the City
of Kent, Washington,this day of 121001.
CONCURRED in by the Mayor of the City of Kent this day of
12001.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent. Washington, the day
of 2001.
BRENDA JACOBER, CITY CLERK
P'Cis it Resolueion.:_y;�mueBounGwries doh
3 Authorizing Alodification of Boundaries
Along 42nd Avenue and Authorizing Agreement
with Chtr of SeaTac to Adjust Common Boundary Lines
-Tt-
'IJ
00
tlj
Li
AGREEMENT TO ADJUST COMMON BOUNDARIES
WITHIN A PUBLIC RIGHT-OF-WAY
THIS AGREEMENT is made this day of , 2001 by and
between the City of SeaTac and the City of Kent.
WHEREAS, the City of SeaTac and the City of Kent share a common boundary
which meanders within a portion of the 42"d Avenue South right-of-way, lying generally
between South 216d' Street and South Orillia Road; and
WHEREAS, RCW 35.13.300, et. seq., provides that cities, in order to eliminate a
situation where a common boundary line is located within a public street right-of-way,
may adjust their common boundary to run along the edge of the right-of-way; and
WHEREAS, RCW 35.13.310 provides a process for eliminating the
aforementioned situation, whereby the councils of both cities enter into an agreement to
create a new common boundary to run along either edge of the public street right-of-way,
and further provides that such boundary line adjustments are not subject to potential
review by the boundary review board; and
WHEREAS, the City Council of SeaTac and the City Council of Kent have both
enacted Resolutions expressing their intent to adjust the common boundary along this
portion of 42"d Avenue South so as to run along the western edge of this public street
right-of-way, and both Councils have furthermore authorized their mayors to enter into
an agreement to carry out this intent. NOW, THEREFORE, it is hereby agreed that
EXHIBIT "B"
AGREEMENT TO ADJUST COMMON BOUNDARIES
OF 42ND AVENUE SOUTH-PAGE 1
(between City of Kent and City of SeaTac)
1. The common boundary between the City of Kent and the City of SeaTac
shall be altered so as to create a new common boundary which runs along the western
edge of the 42Dd Avenue South right-of-way, lying generally between South 2161h Street
and South Orillia Road, as more particularly shown and described in the attached Exhibit
"A". The intent of this new common boundary is to have the entire width of the
aforementioned street located within the corporate boundaries of the City of Kent.
2. Upon execution of this Agreement, either or both Cities may send a
conformed copy of this agreement to the King County Office of Records and Elections,
and may take such further actions as may be consistent with the intent of this agreement
or as may be necessary in order for this alteration of common boundaries to be
recognized and effective.
CITY OF KENT CITY OF SEATAC:
By: Jim White By: Shirley Thompson
Its: Mayor Its: Mayor
Date: Date:
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY BRENDA JACOBER, CITY CLERK
P.\Civil\FILESIOpenFiles\0491Ugrc=nt-SeaTw 42ndAvenueBoundarin.doc
AGREEMENT TO ADJUST COMMON BOUNDARIES
OF 42ND AVENUE SOUTH-PAGE 2
(between City of Kent and City of SeaTac)
Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: PACIFIC PARKE FINAL PLAT (FSU-98-13/KIVA #2003099) -
APPROVAL
2 . SUMMARY STATEMENT: To approve Staff ' s recommendation of
approval with conditions of the Pacific Parke Final Subdivision
and authorize the Mayor to sign the final plat mylar.
This final plat application was submitted by Pacific Industries
for the Pacific Parke Final Subdivision. The Hearing Examiner
issued the Findings with conditions on the preliminary plat on
July 31, 1999 .
,.- 3 . EXHIBITS: Memo with conditions and maps
i
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6K
MEMORANDUM
COMMUNITY April 3 2001
DEVELOPMENT
PLANNING SERVICES
Fred N.Satterstrom,AICP TO: MAYOR JIM WHITE AND CITY COUNCIL
Manager
FROM: FRED N. SATTERSTROM,PLANNING MANAGER
Mailing Address:
220 Fourth Ave.S. MEETING
Kent,WA 98032-5895
DATE: APRIL 3,2001
Location Address:
400 West Gowe SUBJECT: PACIFIC PARKE FINAL SUBDMSION
Kent,WA 98032 #FSU-98-13 (KIVA#2003099)
Phone:253-856-5454
Fax:253-856-6454
On July 21, 1999, the Hearing Examiner issued Findings, Conclusions and
Recommendation with conditions on the Pacific Parke Final Subdivision#FSU-98-
13 (Kiva#2003099),a 4.85 acre, 23-lot single family residential lots. The property
is located at 27602 and 27620 152°d Avenue SE.
Staff recommends the City Council approve the Pacific Parke Final Subdivision
#FSU-98-13 (Kiva #2003099) with the attached conditions and authorize the
Mayor to sign the mylar.
FNS/mjp/S:\Permit\Planuongplats\2000\2003099fsu9813cc.doc
Enclosure
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I
Kent City Council Meeting
r` Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: INTERLOCAL AGREEMENT FOR WATER FOWL MANAGEMENT -
AUTHORIZE
2 . SUMMARY STATEMENT: Authorize the Parks Director to enter an
Interlocal Agreement for waterfowl (Canada Goose) management .
The goal is to reduce/alleviate property damage and human
health and safety concerns including contamination of potable
water and recreational areas in King County. Wildlife Services
will provide a damage control program, which will include
technical assistance, population monitoring and control .
�., 3 . EXHIBITS• None
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6L
Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: INTERLOCAL AGREEMENT FOR VALLEY SPECIAL RESPONSE
TEAM - AUTHORIZATION
2 . SUMMARY STATEMENT: Approval and authorization to execute
the Valley Special Response Team Operational Interlocal
Cooperative Agreement . The parties to this agreement are the
Port of Seattle and the Municipalities of Auburn, Kent, Renton,
and Tukwila, each of which is a municipal corporation operating
under the laws of the State of Washington. The purpose of the
agreement is to establish and maintain a multi-jurisdictional
Valley Response Team (Valley SRT) .
3 . EXHIBITS: Agreement, memo dated 2/27/O1 from the Assistant
City Attorney and memo dated 3/12/01 from Chief Crawford
4 . RECOMMENDED BY: Public Safety Committee (3/13/01)
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6M
KENT
WA$HINGTON
Police Department Memorandum
Date: March 12, 2001
To: Public Safety Committee Members
From: Chief Ed Crawford
Subject: Interlocal Cooperative Agreement Valley Response Team Operational
Agreement
I ask that you approve the attached letter of understanding for the special response team that's
made up of Auburn, Renton, Tukwila, Kent and the Port of Seattle, regarding the services that
we perform together as the Valley Special Response Team. As all of you are aware,
approximately five months ago we disbanded the Emergency Response Team within the City
of Kent and decided for many reasons to become part of the Valley SRT. We feel that the
progress has been exceptional. We have a full time officer assigned as a training officer and
have supervisors as part of the Special Response Team. We have a monthly board meeting of
the chiefs of the five agencies to discuss issues and we are very proud of how the team is
progressing.
MY of err HIM oEPAIMarr
ememe -
Tit: Chief Ed Crawford
i
FrI@: Brett C. Vinson. Assistant Citv Attomey ✓'✓
Be: Valley Special Response Team
Date: February 27, 2001
Chief,
Thank you for returning my call this morning to discuss this a=reement. 1 am comfortable«•it'r:
the final version. As I indicated, I an: willing to assist you as this moves through committee and
council:. ?lease contact me if you have any additional questions at x-5779.
r
INTERLOCAL COOPERATIVE AGREEMENT
VALLEY SPECIAL RESPONSE TEAM
OPERATIONAL AGREEMENT
I. PARTIES
The parties to this agreement are the Port of Seattle and the Municipalities of
Auburn, Kent, Renton, and Tukwila, each of which is a municipal corporation
operating under the laws of the State of Washington.
11. AUTHORITY
This agreement is entered into pursuant to Revised Code of Washington
Chapters 10.93, 39.34, and Title 53.
III. PURPOSE
The parties hereto desire to establish and maintain a multi-jurisdictional Valley
Special Response Team (Valley SRT).
IV. FORMATION
r— There is hereby established a multi-jurisdictional team to be hereafter known as
the "Valley Special Response Team," the members of which shall be the Port of
Seattle, and the Cities of Auburn, Kent, Renton and Tukwila. As special needs
arise, it may be necessary to request from other law enforcement agencies
assistance and/or personnel, at the discretion of the Incident Commander and/or
Valley SRT Tactical Commander.
V. STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have
experienced increasingly violent criminal confrontations due to increased gang
activity, increased drug abuse, increased urbanization, and increased population
densities. The ability to safely control, contain, and resolve criminal
confrontations such as civil disobedience, barricaded subjects, hostage
situations, gang member arrests, high risk felony arrests, and narcotic/high risk
search warrants has stretched the resources of the members individual Police
Department specialty teams.
Law enforcement efforts directed at dealing with these violent confrontations have
for the most part been conducted by law enforcement agencies working
r independently. A multi-jurisdictional effort to handle specific serious criminal
confrontations as well as Weapons of Mass Destruction (WMD) will result in more
APD-Commander Bob LeeNalley SRT 1 Valley Special Response Team
Operational Agreement
effective pooling of personnel, improved utilization of municipal funds, reduced
duplication of equipment, improved training, development of specialized
expertise, and increased utilization/application of a combined special response
team. The results will be improved services for all the participating municipalities,
increased safety for officers and the community, and improved cost effectiveness.
VI. DURATION
The minimum term of this agreement shall be one year upon adoption. This
agreement shall automatically be extended for consecutive one-year periods
unless one or more of the participating municipalities gives notice of intent to
terminate participation in the team pursuant to this agreement. Any such notice
of termination shall be in writing and served on the other executive board
members. Once a member agency serves notice of termination it will become
effective in 90 days.
VII. GOVERNANCE
The affairs of the team shall be governed by an Executive Board, composed of
the Police Chief, or his/her designee, from each participating municipality. Each
member of the Executive Board shall have an equal vote and voice on all board
decisions. Unless otherwise provided, Roberts Revised Rules of Order shall
govern all procedural matters relating to the business of the Executive Board. A
presiding officer shall be elected by its members, together with such other officers
as a majority of the Board may determine. There shall be a minimum of four
meetings each year. The first meeting shall be held in March of each year to
review the prior year's service. The second meeting shall be in August of each
year to review and present a budget to the participating municipalities. At least
two other meetings shall be held each year to review the team's activities and
policies. The presiding officer, or any board member, may call extra sessions as
necessary. When the Board votes on any matters, a simple majority of those
present shall be required for passage. A quorum of three (3) must be present at
each meeting for any actions to be valid.
In emergency situations, the presiding officer may conduct a telephone poll of
Board members to resolve any issues.
The Board shall develop team written policies, regulations and operational
procedures within (90) calendar days of the execution of this agreement.
VII1. TEAM OBJECTIVES
The individual specialty units from each participating municipality will consolidate
into one combined special response team, hereafter known as "Valley SRT",
servicing each participating municipality. The Valley Special Response Team
APD-Commander Bob LeeNalley SRT 2 Valley Special Response Team
Operational Agreement
shall also be available to outside law enforcement agencies as outlined under
mutual aid.
The objective of the Valley Special Response Team shall be to provide enhanced
use of personnel, equipment, budgeted funds, and training. The combined Team
shall respond as requested by any of the participating municipalities and provide
a coordinated effective resolution to high-risk incidents.
IX. STAFF
A Valley SRT Tactical Commander, of the rank of Lieutenant, Commander or
Captain shall be appointed annually by the Executive Board. The SRT
Commander shall act as principal liaison and facilitator between the Executive
Board and the members of the Team. The SRT Commander shall operate under
the direction of the presiding officer of the Executive Board. The SRT
Commander shall be responsible for informing the Board on all matters relating to
the function, expenditures, accomplishments and problems of the Team.
The SRT Commander shall prepare monthly written reports to the Board on the
actions, progress and finances of the Team. In addition, the SRT Commander
shall be responsible for presenting rules, procedures, regulations and revisions
thereto for Executive Board approval.
•-, Each municipality shall contribute seven full-time commissioned officers to
include at least one Sergeant, to be assigned to the Team. The personnel
assigned to the Team shall be considered an employee of the contributing
municipality. That municipality shall be solely and exclusively responsible for the
compensation and benefits for that employee. All rights, duties, and obligations
of the employer and the employee shall remain with that individual municipality.
Each municipality shall be responsible for ensuring compliance with all applicable
laws with regard to employees and with provisions of any applicable collective
bargaining agreements and civil service rules and regulations.
X. EQUIPMENT
Each participating municipality shall acquire and maintain the equipment of its
participating team members. Each participating municipality shall budget funds to
cover equipment, training, and expendable supplies for its participating team
members.
Each participating municipality shall budget sufficient funds to maintain equivalent
equipment standards, and training standards with those of the other participating
cities.
r^ '
APD-Commander Bob Lee/Valley SRT 3 Valley Special Response Team
Operational Agreement
The Executive Board must approve any joint capital expenditure for Team
equipment.
XI. COMMAND AND CONTROL �1
During field activation of the Team, the Incident Commander, SRT Tactical
Commander, and Team Leader(s) will be designated.
The Incident Commander shall be from the jurisdiction in which the incident is
occurring. The Incident commander should be a command level Officer. The
Incident Commander retains full authority and control throughout the incident.
The Incident Commander shall make decisions as to the resolution of the
incident.
The SRT Tactical Commander shall act as a liaison between the Incident
Commander and the Valley Special Response Team. The SRT Tactical
Commander shall consult with the Incident Commander and discuss tactical
options. The SRT Tactical Commander shall be responsible for keeping the
Incident Commander informed of Valley Special Response Team activities. The
SRT Tactical Commander shall consult the Incident Commander with options to
accomplish the mission of the Incident Commander. The SRT Tactical
Commander shall relay the mission of the Incident Commander to support SRT
Commanders and Team Leader (s) to assure that the mission is carried out as
intended.
The Team Leader(s) in consultation with the SRT Tactical Commander shall
formulate tactical plans to react to the incident. The Team Leader(s) shall be
responsible for completing the assigned mission as determined by the SRT
Tactical Commander and Incident Commander. The Team Leader(s) shall direct
and control the actions of the team members.
The Valley Special Response Team will not attempt any tactical operation that in
the judgement of the SRT Tactical Commander would unreasonably endanger
the safety of the Officers assigned to the Valley Special Response Team, or for
which the Team is not properly trained and/or equipped.
XII. FINANCIAL REQUIREMENTS
This agreement is being entered into to establish a Combined Regional Valley
Special Response Team
CONTRIBUTION
Each participating municipality shall budget sufficient funds to update, replace,
repair, and maintain the equipment and supplies utilized by its participating team 14�
APD—Commander Bob LeeNalley SRT 4 Valley Special Response Team
Operational Agreement
members. Each participating municipality shall budget sufficient funds to provide
for training of its participating team members.
�^ Each member municipality shall maintain an independent budget system to
account for funds allocated and expended by its participating team members.
XIII. TERMINATION
Termination shall be in accordance with those procedures set forth in prior
sections. Each participating municipality shall retain sole ownership of equipment
purchased and provided to its participating team members. Any acquired Team
assets shall be equally divided among the participating municipalities at the
asset's fair market value upon termination. The value of the assets of the Team
shall be determined by using commonly accepted methods of valuation. If two or
more participating municipalities desire an asset the final decision shall be made
by arbitration (described below). Any property not claimed shall be declared
surplus by the Executive Board and disposed of pursuant to State law for the
disposition of surplus property.
The proceeds from the sale or disposition of any Team property, after payment of
any and all costs of sale or debts of the agency, shall be equally distributed to
those municipalities participating in the Team at the time of dissolution in
proportion to the municipality's percentage participation in the Team as of the
�^ date of dissolution.
XIV. COMPLIANCE WITH THE LAW
The Valley Special Response Team and all its members shall comply with all
Federal, State and local laws affecting the Team.
XV. ALTERATIONS
This agreement may be modified, amended or altered by agreement of all
participating municipalities and such alteration, amendment or modification shall
be effective when reduced to writing and executed in a manner provided for by
this agreement.
XVI. RECORDS
Each Municipality shall maintain training records related to the team for a
minimum of seven years. A copy of these records will be forwarded and
maintained with the designated SRT Training Coordinator. All records shall be
available for full inspection and copying by each participating agency.
APD—Commander Bob Lee/Valley SRT 5 Valley Special Response Team
Operational Agreement
XVII. FILING
Upon execution hereof, this agreement shall be filed with the City Clerks of the
respective participating municipalities, the Director of Records and Elections of
King County, the Secretary of State, and such other governmental agencies as
may be required by law.
XVIII. SEVERABILITY
If any part, paragraph, section or provision of this agreement is held to be invalid
by any court of competent jurisdiction in the State of Washington, such
adfudication shall not affect the validity of any remaining section, part or provision
of this agreement.
XIX. MUNICIPAL AUTHORIZATIONS
This agreement shall be executed on behalf of each participating municipality by
its duly authorized representative and pursuant to an appropriate resolution or
ordinance of each participating municipality. This agreement shall be deemed
adopted when the date of execution by the last so authorized representative.
This agreement may be executed by counterparts and be valid as if each
authorized representative had signed the original document.
XX. HOLD HARMLESS
Each municipal entity whose police chief or designee requests assistance of the
Valley Special Response Team agrees to hold harmless and indemnify the other
participating municipal entities and their officers, officials and employees from any
loss, claim or liability arising from eta or out of the negligent or tortious actions or
inactions of the Special Response Team and its members and supervisors.
XXI. DEFENSE OF LAWSUITS
Each municipal entity shall be responsible for selecting and retaining legal
counsel for itself and for any employee of said municipal entity who is named in a
lawsuit alleging liability arising out of Special Response Team operations. Each
municipal entity that retains counsel for itself and/or its employees shall be
responsible for paying the attorney's fees incurred by that counsel. The
municipal entities shall not share costs of defense attorneys among each other
unless they specifically agree in writing to the contrary in any particular legal
action.
APD-Commander Bob Lee/Valley SRT 6 Valley Special Response Team
Operational Agreement
XXII. NOTICE OF CLAIMS, LAWSUITS AND SETTLEMENTS
In the event that a lawsuit is brought against a member or its employees for
actions arising out of their conduct in support of Special Response Team
operations, the member shall promptly notify the other municipal entities that said
claim or lawsuit has been initiated.
XXIII. SETTLEMENT PROCEDURE
Any municipal entity or member who believes that another municipal entity would
be liable for a claim, settlement or judgement which arises from a Special
Response Team action or operation shall have the burden of notifying each other
participating municipal entity of all settlements, demands made to that municipal
entity and any claims and/or lawsuits naming that municipal entity and/or its
employees for what may be liability arising out of a Special Response Team
operation. Said member municipal entity shall be obligated to make a prompt
and timely notice and tender of defense to any municipal entity which is believed
to be liable to any other municipal agency for Special Response Team liability.
The municipal entities shall be free to seek a separate settlement with the
claimant and/or plaintiff which would eliminate the liability of that municipal entity
and/or its employees. However, any such separate settlement would not
eliminate the released municipal entity's obligation to indemnify the other member
municipal entities and/or their employees if they are found to be liable in any court
judgement from a lawsuit which arose from a Special Response Team operation
requested by the police chief or designee of the municipal entity which has been
released in a separate settlement. Any municipal entity making a separate
settlement would have no right to seek any reimbursement or contribution for any
portion of a settlement which said municipal entity has reached separately with
the claimant and/or plaintiff.
XXIV COOPERATION IN DEFENSE OF LAWSUITS
The municipal entities and their respective defense counsel shall, to the extent
reasonably possible and consistent with the best interests of their respective
clients, cooperate in the defense of any lawsuit arising out of the operations of the
Special Response Team and shall agree, wherever possible, to share non-
attorney fee related costs such as record gathering, preparation of trial exhibits,
the retention and payment of expert witnesses, and the cost of deposition
reporting and transcription.
APD—Commander Bob LeelValley SRT 7 Valley Special Response Team
Operational Agreement
XXV NOTHING HEREIN SHALL REQUIRE OR BE INTERPETED TO:
Waive any defense arising out of RCW Title 51.
"1
Limit or restrict the ability of any municipal entity or employee or legal counsel for
any municipal entity or employee to exercise any right, defense or remedy which
a party to a lawsuit may have with respect to claims of third parties, including, but
not limited to, any good faith attempts to seek dismissal of legal claims against a
party by any proper means allowed under the civil rules in either state or federal
court.
Cover or require indemnification or payment of any judgement against any
individual or municipal entity for intentionally wrongful conduct outside the scope
of employment of any individual or for any judgement for punitive damages
against any individual or municipal entity. Payment of punitive damage awards
shall be the sole responsibility of the individual against whom said judgement is
rendered and/or his or her municipal entity employer, should that employer elect
to make said payment voluntarily. This agreement does not require
indemnification of any punitive damage awards.
APD—Commander Bob Lee/Valley SRT 6 Valley Special Response Team
Operational Agreement
MAYOR, CITY OF AUBURN Date
MAYOR, CITY OF RENTON Date
MAYOR, CITY OF TUKWILA Date
MAYOR, CITY OF KENT Date
EXECUTIVE DIRECTOR, PORT OF SEATTLE Date
APPROVED AS TO FORM:
CITY ATTORNEY, CITY OF AUBURN
CITY ATTORNEY, CITY OF RENTON
CITY ATTORNEY, CITY OF TUKWILA
CITY ATTORNEY, CITY OF KENT
PORT COUNSEL, PORT OF SEATTLE
APD—Commander Bob LeeNalley SRT 9 Valley Special Response Team
Operational Agreement
Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: TACOMA 2ND SUPPLY PROJECT PIPE PURCHASE - AUTHORIZE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to advise the City of
Tacoma to proceed with the purchase of a sufficient quantity of
Second Supply project water pipe for the early phase portion of
the Second Supply Project .
-- 3 . EXHIBITS: Public Works Director memorandum
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6N
COMMUNITY DEVELOPMENT
Mike H. Martin, Deputy Chief Administrative Officer
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
KEN T Fax: 253-856-6500
N/�$NINGTGN
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: March 15, 2001
To: Public Works Co n ttee
From: Don WickstromPPublic Works Director
Regarding: Tacoma Second Supply Project Pipe Purchase
As I mentioned at your last Council workshop, we (Kent and Covington Water
District) are proceeding at our own expense on the design of a portion of the pipeline
included in subject project. The premise was by doing so this segment of the pipeline
could be put into service early thereby v-ia wheeling water through Covington's
system we could get water by the Summer of 2002. The assumption was by the time
the design was complete the Services (National Marine Fisheries Service and US Fish
and Wildlife Service) would have approved Tacoma's Habitat Conservation Plan
(HCP) and issued their Incidental Take Permit (ITP). Further the courts would have
resolved the I-695 issues and thusly the partners would be in position to sign the
project agreement which would establish the project funding thereby enabling the
construction to commence. Well, I-695 did get resolved, however we are still waiting
on the Senzces approval. Their approval is now anticipated to come next month.
It should be noted that during this interim period another significant issue arose but
has subsequently been resolved. This issue related to the water right, which is the
basis for this project in the first place. When the water right was issued, one of the
conditions thereof was that the Second Supply project had to be completed within 5
years. This is a typical condition of all water rights and prior to this project the
granting of a time extension has been generally automatic. In fact Tacoma had
already received two time extensions for this project. However, because the Council
r^ of Environmental Law and Policv (CELP) threatened to challenge the Department of
Tacoma Second Supply Project Pipe Purchase Page 1 of 3
Ecology's (DOE) granting of an extension, DOE questioned all aspects of the water
right. After months of negotiation this issue was resolved however not without
impact. The resolution involved an MOU that will be signed by all parties along with
some changes to the original permit conditions (see attached). The MOU and the
changes to the permit conditions will be submitted to DOE when Tacoma asks for a
time extension. Tacoma needs to do this prior to December of this year which is
when the existing permit expires. DOE will then grant the extension. The resolution
in essence clarifies the place for use of the water to include both Kent and Seattle. It
also raises minimum river flows on the Green River to correspond to that denoted in
Tacoma's HCP documents. Further it commits all the parties to achieve an aggregate
water conservation savings of 1% per year for 10 years and lastly, it commits all
parties to work cooperatively toward addressing listed or endangered salmon
problems of other streams within the basin.
While some of these conditions may be difficult for us to achieve, like the 1%
conservation savings, we don't see alternatives and are recommending that we sign
the MOU. Anyway the real problem is that without the HCP and the ITP there is no
executed project agreement by all parties and thus no funding followed by no
construction. Tacoma feels that were everything to fall into place (we got the HCP
and ITP, the parties signed the agreement, and financing arranged) it would be June
before a contract could be awarded. Because of the magnitude of this early phase (11
miles of 60 and 70 inch diameter pipe) to be on line by August of next year means in
essence we have to be awarding a contract next month; also, due to the alignment
portions of the project pass through sensitive areas (approximately 6000 feet) where
permit conditions require that the work be completed by August. It's physically
impossible to award a project in June and expect to have 6000 feet of 60 or 70 inch
pipe in the ground by August. As such, to buy some time we could bid the pipe
separately and only bid that amount needed to go through the sensitive areas. Thus
were Tacoma to award the project in June the pipe would be immediately available
and it could be in the ground through the sensitive areas by August. The cost of the
pipe is estimated at $1,500,000 for which our share would be $750,000. Covington
Water District has already committed to pay for its half. The risk is that if for some
reason the Second Supply project falls through then we have 3000 feet of big water
pipe to find a use for. Under the early design agreement already executed with
Tacoma and Covington Water District a provision therein allows Kent and/or
Covington Water District to proceed with construction at its own expense simply by
advising Tacoma thereof. As such, we are recommending that Tacoma be advised to
proceed with purchasing that sufficient amount of Second Supply project water pipe
sufficient to get through the sensitive area of this early phase portion of the Second
Supply Project.
Tacoma Second Supply Project Pipe Purchase Page 2 of 3
MOTION:
Recommend that the Mayor be authorized to advise Tacoma to proceed with the
purchase of sufficient quantity of Second Supply project water pipe to traverse the
sensitive areas associated with the early phase portion of the Second Supply Project.
MOTION:
Recommend that the Mayor be .authorized to execute the MOU related to the
Second Supply project water right.
ltolinp
Tacoma Second Supply Project Pipe Purchase Page 3 of 3
PROPOSED LANGUAGE FOR TACOMA PERMIT CONDITIONS (01-12-01)
Instream Flows
The diversion of water under this permit or certificate shall take place consistent with
instream flow requirements of the agreement between the City of Tacoma and the
Muckleshoot Indian Tribe (MIT) dated August 24, 1995.
In case of any conflict between the original instrearn flow mandates of this permit and
such requirements, the permittee shall adhere to that instream flow level, for any stated
period, that retains the highest level of flow in the stream. The current requirements of the
agreement referred to above are set out below.
The Instream Flow conditions specified below apply to the Second Diversion Water
Right (SDWR) and specify the flow conditions under which SDWR water can be
diverted. Both instream flow conditions at Palmer and Auburn gages must be met before
SDWR water can be diverted. Thus, if instream flows at Auburn fall below 400 cfs, even
if minimum flows for the Palmer gage are achieved, Tacoma may not withdraw water
using its SDWR. To the extent that these instream flow requirements are greater than the
instream flows prescribed by Ecology (e.g., July through October), these flow
requirements will control the diversion action. Instream flows by season required for
SDWR withdrawal are:
"1
Season by Dates Palmer Auburn
15 July to 15 September 200 cfs 400 cfs
16 September to 31 October 300 cfs
1 November to 14 July 300 cfs
Place of Use
The place of use for this permit and certificate is the combined service areas as described
in both the City of Tacoma's state-approved 1980 water system plan, and the City of
Seattle's state-approved 1980 water system plan and includes the ability to transmit, store
and deliver water within these boundaries, as well as at Howard Hanson Reservoir. The
map attached as Exhibit_ deliniates the boundaries of this place of use
% � 1
Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: TACOMA 2ND SUPPLY PUBLIC WORKS TRUST FUND LOAN
AGREEMENT - AUTHORIZE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to sign the Public Works
Trust Fund Loan Agreement for the Tacoma Second Supply Project,
upon concurrence of the language therein by the City Attorney
and the Public Works Director. This agreement will be executed
if and when the Legislature passes and the Governor signs
SHB 1001, which authorizes the loan.
3 . EXHIBITS: Public Works Director memorandum and Public Works
Trust Fund Loan Agreement #PW-01-791-032
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 60
COMMUNITY DEVELOPMENT
Mike H. Martin, Deputy Chief Administrative Officer
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
K E N T Fax: 253-856-6500
W.SHINGTON
Address: 220 Fourth Avenue S.
Kent. WA 98032-5895
Date: March 15, 2001
To: Public Works Cmittee
From: Don Wickstrom 1'ubli Works ro c Director
Regarding: Public Works Trust Fund Loan Agreement
We are in receipt of a Public Works Trust Fund (PWTF) Loan Agreement between
Kent and the Public Works Board for the Tacoma Second Supply Project. This is a
20 year loan in the amount of $10,000,000.00 at an interest rate of '/z percent. The
agreement will be executed if and when the Legislature passes and the Governor signs
/- SHB 1001, which authorizes the loans. This process for executing agreements is
different than previous years.
We are requesting the Committee's recommendation that the Mayor be authorized
to sign the PWTF Loan Agreement.
MOTION:
Recommend authorizing the Mayor to sign the Public Works Trust Fund Loan
Agreement upon concurrence of the language therein by the City Attorney and the
Public Works Director.
oso 11„P
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEI-IENT
NUMBER PW-01-791-032
CITY OF KENT
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed b by the PUBLIC
WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or
oral, shall be deemed a part thereof. This contract consists of ten pages and two attachments. An attachment
to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project
activities, certification of the project's useful life, and identification of estimated project costs and fund
sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In
addition, ATTACHMENT 11: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this
agreement.
The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the
date and year last written below.
DEPARTMENT OF COMMUNITY, LOCAL GOVERNMENT
TRADE AND ECONOMIC
DEVELOPMENT
Steve Wells Name
Director, Local Govemment Division
Title Title
Date Date
APPROVED AS TO FORM ONLY
5th Day of February, 2001
Christine 0. Gregorie Federal Taxpayer Identification Number
Attomev General
By: Signature on File
Assistant Attorney General
Jeanne A. Cushman
(Print Name)
Page 1
2001 PWTF Construction Loan Agreement
CTED Contract Number KENT
PART II: L iTRODUCTION
This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its
successor, (referred to as the "BOARD"), a department of the state of Washington, and CITY OF KENT
(referred to as the"LOCAL GOVERNMENT").
Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities
described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with
PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by
this reference are incorporated into this agreement as though set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL
GOVERNMENT a sum not to exceed $10,000,000.00. The interest rate shall be one-half percent (1/2%)
per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the
final payment due July 1, 2021.
4.02 Local Project Share
The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than fifteen percent
(15%) of the total eligible portion of the project cost not funded by federal or state grants as identified in
ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project closeout. Any change in the
percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged,
or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement
adjusting the loan amount or interest rate, as appropriate.
Local project share must consist of expenditures eligible underWAC 399-30-030(3) and be related only to
project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up
to twelve (12) months prior to the execution of the loan agreement and verified at the time of project
close-out.
PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL
GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN
AGREEMENT.
Page 2
2001 PWTF Construction Loan Agreement
CTED Contract Number KENT
4.03 Disbursement of Loan Proceeds
Warrants shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by
the LOCAL GOVERNMENT while undertaking and administering approved project activities in
accordance with ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust
Fund loan exceed eighty five percent (85%) of the eligible actual project costs. The disbursement of loan
proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form.
The loan funds will be disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen percent (15%)
of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a
construction contract, a sum not to exceed eighty percent (80%) of the approved Public Works Trust Fund
loan shall be disbursed to the LOCAL GOVERNMENT, except in the case of engineering services
contracts. If the approved project described in ATTACHMENT I: SCOPE OF WORK is solely for the
completion of engineering studies, a sum not to exceed eighty percent(80%)of the approved Public Works
Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT within thirty(30) days of the execution
of a Notice to Proceed following the formal award of a contract for engineering services.
At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be
submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess ofeighty five
percent (85%) of the eligible project costs or the total of$10,000,000.00 whichever is less. The Close-out
Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and
local share.
In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT
has received Public Works Trust Fund monies in excess of eighty five percent (85%) of eligible costs, all
funds in excess of eighty five percent (85%) shall be repaid to the Department of Community, Trade and
Economic Development, or its successor,within thirty(30) days of submission of the Close-out Report.
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue
to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project.
Benefits shall accrue in one of two ways:
l. Reduce the amount of the Public Works Trust Fund loan.
3. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK
estimates, if there is an overrun of project costs.
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan
Page 3
2001 PWTF Construction Loan Agreement
CTED Contract Number KENT
agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or
any other method meeting generally accepted accounting principles.
r
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three months after loan agreement execution, and reach project completion no later
than thirty-six(36)months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute default of this
agreement and require the immediate repayment of any loan funds disbursed. In the event of extenuating
circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline
for project completion. The BOARD may,by a two-thirds vote, extend the deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion,
unless terminated sooner as provided herein.
4.06 Repavment
The first loan repayment under this agreement is due July 1, 2002, and subsequent installments are due on
July I of each year during the term of the loan. The first repayment under this agreement shall consist of
interest only at the rate of one-half percent (1/2%) per annum, calculated on a 360-day year of twelve
30-day months, applied to funds received. Interest will begin to accrue from the date each warrant is issuai
to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided
by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an
1'^ amount sufficient to bring the loan balance to aro.
The LOCAL, GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and
the right to repay at a faster rate than is provided in this agreement, provided that any such payment must
equal or exceed the principal amount normally due on an annual basis.
Page 4
2001 PWTP Construction Loan Agreement
CTED Contract Number KENT
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the
use of a check, money order, or equivalent means made payable to the Department of Community, Trade
and Economic Development, or its successor,and sent to:
Department of Community,Trade and Economic Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48300
Olympia,Washington 98504-8300
4.07 Repayment Account
The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligation
revenues, or a combination thereof. The name of the fund, account, or sub-account shall be
4.08 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A
payment not received within thirty (30) days of the.due date shall be declared delinquent. Delinquent
payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The
penalty will be assessed on the entire payment amount. The penalty will be twelve percent (12%) per
annum calculated on a 360-day year.
Upon default in the payment of any annual installment, the BOARD may declare the entire remaining
balance of the loan, together with interest accrued, immediately due and payable.Failure to exercise its �1
option with respect to any such repayment in default shall not constitute a waiver by the BOARD to exercise
such option for any succeeding installment payment which may then be in default. The LOCAL
GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in any action
undertaken to enforce its rights under this section.
The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as
provided for in Section 4.03.
Page 5
2001 PWTF Construction Loan Agreement
CTED Contract Number KENT
4.09 Loan Security
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. Please initial the appropriate option.
1. General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT.
OR
2. Revenue Obligation: This option may be used only if the entire project is a domestic
water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing
a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm
sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water,
sanitary sewer, and storm sewer activities may not use this option.
This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of
the utility system indicated below. Payments shall be made from the net revenue of the utility after the
payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the
utility having a lien on that. net revenue. As used here, "net revenue" means gross revenue minus
expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to
issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and
charge of this loan agreement.
Please choose and initial one of the following utility systems:
Water
Sanitary Sewer(Wastewater)
Stormwater
Water/Sanitary Sewer
Stormwater/Sanitary Sewer
Solid Waste
OR
3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL
GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement
District, Local Utility District or other similar special assessment district in which the improvements
financed by this loan are located. The name of the special assessment district is
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under
this agreement.
r^
Page 6
2001 PWTF Construction Loan Agreement
CTED Contract Number KENT
4.10 Recordkeeping and Access to Records
The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the
right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT
may contract, involving transactions related to this project and this agreement.
The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement br a
period of six years from the date of project close-out.
4.11 Reports
The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish
the BOARD with such periodic reports as it may request pertaining to the activities uidertaken pursuant to
this agreement including, but not limited to, quarterly progress reports, the CloseOut Report, and any other
matters covered by this agreement. Failure to file periodic reports as requested may result in termination of
this agreement as per Section 4.14.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and
the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or
all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL
GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance
of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.13 Amendments. Modifications. and Waivers
Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT
may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for
extending the time of performance as provided for in Section 4.05. No modification or amendment resulting
in an extension of time shall take effect until a request in writing has been received and approved by the
BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved
in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or
provisions of this agreement may be waived unless approved by the BOARD in writing.
4.14 Termination for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan
proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may
terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL
GOVERNMENT in writing of its determination to terminate, the reason fQ such termination, and the
effective date of the termination. Upon termination of the loan agreement, the BOARD may declare the
entire remaining balance of the loan, together with any interest accrued, immediately due and payable.
Page 7
200I PWTF Construction Loan Agreement
CTED Contract Number KENT
4.15 Termination For Convenience
�.- The BOARD may terminate this agreement in the event that federal or state funds are no longer available to
the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this
agreement. Termination will be effective when the BOARD sends written notice of termination to the
LOCAL GOVERNMENT.
4.16 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and performance hereof
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out
of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is
entitled to recover costs in accordance with Washington State Law(Chapter 4.84 RCW)
4.17 Severabilit<
If any provision under this agreement or its application to any person or circumstances is held invalid by any
court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be
Lyiven effect without the invalid provision.
4.18 Project Completion
The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Closeout Report when the
activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL
GOVERNMENT will provide the following information to the BOARD:
1. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the
project as described.
?. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is
complete and has been designed/constructed to required standards.
3. Certification that all costs associated with the project have been incurred. Costs are incurred when
goods and services are received and/or contract work is performed.
Page 8
2001 PWTF Construction Loan Agreement
CTED Contract Number KENT
4.19 Project Close-Out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit,together with
the Close-out Report, a request for a sum not to exceed the final five percent(5%) of the loan amount. This
disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT
shall be responsible to ensure that their contractor(s)are in compliance with the Department of Revenue and
the Department of Labor& Industries requirements.
4.20 Audit
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of
the State Auditor's Office in accordance with state law and any guidelines the Department of Community,
Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by
the LOCAL GOVERNMENT.
4.21 Project Signs
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers
identifying those agencies participating financiallyin the approved project, the sign or marker must identify
the Washington State Public Works Trust Fund as a participant in the project.
4.22 Utilization of Minority and Women's Business Enterprises (MWBE)
In accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the BOARD
encourages participation by Minority and Women's Business Enterprise firms certified by OMWBE.
Voluntary goals for participation are:
Construction/Public Works 10%MBE 6%WBE
Architect/Engineering 10%MBE 6%WBE
Purchased Goods 8%MBE 4%WBE
Purchased Services 10%MBE 4%WBE
Professional Services 10% MBE 4%WBE
4.23 Nondiscrimination Provision
During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and
state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act(ADA).
In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in
whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the
BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this
noncompliance.
I�
Page 9
2001 PWTF Construction Loan Agreement
CTED Contract Number KENT
4.24 Historical and Cultural Artifacts
The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during
construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at the Washington State Office of
Archeology and Historic Preservation.
The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or
services related to ATTACHMENT ONE: SCOPE OF WORK.
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws. requirements,
and ordinances as they pertain to the design, implementation, and administration of the approved project.
Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund
program.
5.02 WAC 399-30-030(3)
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs
for projects assisted with Public Works Trust Fund loans.
Page 10
2001 PWTF Construction Loan Agreement
CTED Contract Number KENT
PUBLIC WORKS TRUST FUND
ATTACHMENT 1: SCOPE OF WORK
PW-01-791-032 c
CITY OF KENT
(Jurisdiction)
TACOMA'S SECOND SUPPLY PIPELINE (PIPELINE$1
(Project Title)
1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund
loan. (Attach additional sheets if necessary):
The project consists of installing all or a portion of approximately 34 miles of 48 - 72 inch
diameter transmission main,metering stations and an additional storage project at the Howard
Hanson Dam. Included are:
• The Second Diversion Water Right(up to 65 mgd);
• The Second Supply Pipeline, commencing at the Headworks and continuing to Tacoma's
pipeline No. 4 near the Portland Avenue reservoir (approximately 34 miles with a
nominal capacity of 72 mgd);
• A portion of the improvements at the headworks diversion dam and intake (associated
with the Second Diversion Water Right);
• The Intertie connecting the Second Supply Pipeline with the Seattle water distribution '1
system(approximately 8 miles with a nominal capacity of 25 mgd);
• A portion of the Project fisheries and environmental enhancement costs;
• The Howard Hanson Dam Additional Storage Project (up to 20,000 acre-feet per year of
municipal water supply storage in Phase I and options to participate in Phase 11;
• A portion of the costs of expanding existing or constructing additional chlorination,
fluoridation and corrosion control facilities.
2. The term of this loan will be based on an engineer's certification of the expected useful life of
the improvements, as stated below, or 20 years, whichever is less. If the local government
prefers the term of its loan to be less than either 20 years or the useful life of the
improvements, the preferred loan term should be indicated: 20 years.
3. I, Don E. Wickstrom licensed engineer, certify that the average expected
useful life for the improve ents described above is 100 years.
Signed:
Date: l lot
Telephone: (253) 856-5500
\\NY\USR\PW\PWDP\NYOSHI-1\USERDATA\DOC\2001\Merrill\PW Trust Fund.doc
Scope of Work
Page Two
PW-01-791-032
Estimated Project Costs:
Total
Costs
Preliminary Engineering $ 430,000
Environmental Review $ 500,000
Design Engineering $ 1,800,000
Land/R-O-W Acquisition S 240,000
Sales or Use Taxes $ 1,500,000
Other Fees S 180,000
Construction Inspection $ 1,500,000
St art-Up Costs S
Relocation Costs S
Financing Costs $ 750,000
Contingency (13%) $ 2,700,000
Construction $ 18,400,000
1. Other(Specify) $
2. Other(Specify) $
TOTAL ESTIMATED COSTS $ 28,000,000
Anticipated Fund Sources:
A. Federal Grants S
State Grants $
B. Locally Generated Revenue
General Funds $
Capital Reserves $ 10,000,000
Other Fund $ 8,000,000
Rates $
Assessments $
(LID,RID,ULID)
Special Levies S
Federal Loan(s) from: (identify all)
State Loan(s) from: (identify all)
$
Other: (identify sources)
TOTAL LOCAL REVENUE $ 18,000,000
C. PUBLIC WORKS TRUST FUND LOAN S 10,000,000
\\NYIUSR\PW\PWDP\NYOSHI-1\USERDATA\DOC\2001\Merrill\PW Trust Fund.doc
Scope of Work '1
Page 3
PW-01-791-032
Calculatin¢Local Percentage:
Notes: 1. Grant funds can not be counted as local match.
Calculate as follows:
Total Local Revenue
PWTF Loan+Total Local Revenue = Local Percentage 64.29%
The local contribution must be at least:
Five percent(5%) for a loan interest rate of 2%
Ten percent(10%) for a loan interest rate of 1%
Fifteen percent(15%) for a loan interest rate of .5%
\\NnUSR\PW\PWDP\NYOSHI-1\USEROATA\DOC\2001\Merrill\PW Trust Fund.doc
Public Works Trust Fund
ATTACHMENT II: ATTORNEY'S CERTIFICATION
I, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed
attorney of the
(the LOCAL GOVERNMENT); and
I have also examined any and all documents and records which are pertinent to the loan
agreement, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The LOCAL GOVERNMENT is a public body, property constituted and operating under the
laws of the State of Washington, empowered to receive and expend federal, state and local
funds, to contract with the State of Washington, and to receive and expend the funds
involved to accomplish the objectives set forth in their application.
2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial
assistance and to provide for repayment of the loan as set forth in the loan agreement.
3. There is currently no litigation in existence seeking to enjoin the commencement or
completion of the above-described public facilities project or to enjoin the LOCAL
GOVERNMENT from repaying the Public works Trust Fund loan extended by the
DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to
litigation which will materially affect its ability to repay such loan on the terms contained in
the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the LOCAL GOVERNMENT.
Signature of Attorney Date
Name
Address
Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: TACOMA 2ND SUPPLY PROJECT MEMORANDUM OF AGREEMENT -
AUTHORIZE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to execute the
Memorandum of Agreement among the Second Supply Project
Participants, upon concurrence of the language therein by the
City Attorney and the Public Works Director.
3 . EXHIBITS: Memorandum of agreement
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6P
01-12-01 draft
MEMORANDUM OF AGREEMENT
AMONG
THE SECOND SUPPLY PROJECT PARTICIPANTS,
THE WASHINGTON STATE DEPARTMENT OF ECOLOGY,
AND
THE WASHINGTON STATE DEPARTMENT OF HEALTH
CONCERNING
COORDINATED PLANNING AND MANAGEMENT OF WATER RESOURCES
RECITALS
WHEREAS, the Cities of Tacoma, Kent, and Seattle, the Covington Water District, and the
Lakehaven Utility District (hereafter"Project Participants") have entered or intend to enter a
series of agreements concerning the Second Supply Project Agreement; and
WHEREAS, said Agreement will involve diversion and use of water under Tacoma's Second
Diversion Water Right, as well as additional water storage at Howard Hanson Dam, and
inclusion of a branch pipeline to connect the Second Supply Pipeline to the Seattle water system;
and
WHEREAS, the connection of the Project Participants' supply systems will make possible more
i^ efficient use of existing water supply sources, and provide opportunities for the development of
regional water supply, water conservation, and fish enhancement programs; and
WHEREAS, the Washington State Departments of Ecology(DOE) and Health (DOH) have
responsibilities for management of water resources to meet a variety of public needs, including
environmental protection, and protection of public health and well-being by assurance of safe,
adequate, and reliable supplies of drinking water; and
WHEREAS, all of the Parties to this agreement believe that coordinated planning and
management of water resources will contribute to their responsibilities for meeting the future
needs of both fish and people;
AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
1. The Project Participants commit to coordinated management and planning of their water
resources within an area that encompasses the authorized place of use of water under Tacoma's
Second Diversion Water Right, as shown in the third permit extension.
2. The Project Participants agree to work with the Central Puget Sound Water Suppliers' Forum
(hereafter"Forum"), or similar mechanism, to develop regional water supply and demand
projections and to continue to work with the Forum's conservation work group, or similar
mechanism, to develop and implement effective conservation methodologies and to establish
data reporting and performance measurements. �1
3. The Project Participants agree to coordinate in developing their water system plans, and
participate in other regional water supply planning activities in central Puget Sound.
4. The Project Participants agree to promote increased water use efficiency, including achieving
a cumulative aggregate (total retail and wholesale) reduction in water use by 10% over a ten year
period beginning January 1, 2000. This goal refers to the reduction in projected levels of
consumption by January 1, 2011 using the year 2000 consumption rates as a basis for
projections. The Project Participants' conservation program will:
a) Be measured using accepted professional practices for conservation evaluation, including
normalizing for weather, assessing large or atypical new demands, and accounting for
economic and demographic changes.
b) Be reviewed on a biennial basis by the parties to this agreement.
c) Provide verifiable evaluation results that include detailed documentation, full disclosure
of data and methodology, and professional peer review. The Parties to this agreement agree
to work together to decide on the specific methodology(s) to be used to calculate the 10%
reduction. Those decisions will be completed and put into writing by June 30, 2001.
The Project Participants will conduct a conservation potential assessment, if they have not
already done so,within the boundaries of their respective planning areas, and will collaborate to
identify and quantify the cost of water conservation opportunities in the aggregate area.
Beyond the year 2010, the Project Participants remain committed to meet all water conservation
obligations set forth by state statute and regulations.
The Project Participants will, as necessary, amend their individual water system plans to reflect
these conservation activities, as supported by the conservation potential assessments, and submit
the amendments to DOH. They will each report annually to DOH their source water production
and use data, as required in WAC 246-290-480. Consistent with its statutory authority, DOH will
be the lead state agency for compliance monitoring under this section 4.
5. The Parties to this agreement agree to work jointly to develop practical and effective local
and regional alternatives to resolve identified strearnflow problems resulting from water
supply operations that adversely impact threatened or endangered fish. The Parties also agree
to participate in a biennial review to assess and report progress in implementing specific
projects and/or solutions to identified problems.
Further, the parties believe that within the place of use of the Second Supply project,
potential solutions for these problems may include applying as appropriate the beneficial
results of conservation and reuse programs, conjunctive use of surface and ground water,
regional transmission and delivery systems, and water storage projects. The parties further
agree to cooperate in identifying and addressing regulatory, financial, and other obstacles that ..T
may hinder or prevent implementation of appropriate solutions.
6. In the event of any dispute arising between or among Parties to this agreement concerning its
implementation, the Parties agree to work together in good faith to resolve such disputes, using
the dispute resolution procedures set forth in this section, or such other procedures upon which
the parties may later agree. This section is not intended to supplant the regulatory authorities of
the state agencies.
a) Any Party wishing to resolve a dispute under this Agreement shall notify the other
Parties by setting forth its position in writing, including a specific description of the situation it
wishes to address, the reasons why it believes certain actions or conditions constitute a violation
of the Agreement (if that is the contention), and the actions it wishes a Party or Parties to take.
b) The Party or Parties from whom action is requested will have 60 calendar days, or such
other time as may be agreed, to respond. During this time it may seek clarification of the
information provided in the initial notice. The initiating Party will use its best efforts to provide
responsive information.
c) Within 60 calendar days after such response was provided or was due, representatives
of the Parties having authority to resolve the dispute will meet and negotiate in good faith toward
a solution satisfactory to all Parties, or will establish a specific process and timetable to seek such
a solution.
d) If any issues cannot be resolved through such negotiations, the Parties will consider
�. non-binding mediation or other alternative dispute resolution processes and, if a dispute
resolution process is agreed upon, will make good faith efforts to resolve all remaining issues
through that process. In the event that mediation is pursued, the mediator shall be selected by the
Parties within 30 calendar days of the request, and the process concluded within an additional 60
calendar days, unless the Parties otherwise agree. Costs shall be shared equally by all Parties to
the dispute.
e) Any Party to this agreement may enforce its provisions by initiating an action for
arbitration pursuant to chapter 7.04 RCW. No such action may be initiated until the party has
exhausted the informal dispute resolution procedures of a) through e) above.
7. This MOA shall take effect on the effective date of the third permit extension to Tacoma's
Second Diversion Water Right, and shall remain in effect for a period of ten years thereafter. It
may be renewed or amended by written agreement of all of the Parties.
City of Tacoma Covington Water District
By: By:
Approved as to form: Approved as to form:
By: By:
City of Kent Lakehaven Utility District
By: By:
Approved as to form: Approved as to form:
By: By:
City of Seattle
By:
Approved as to form:
By:
Washington State Department of Health Washington State Department of Ecology
By: By:
Approved as to form: Approved as to form:
By: By:
Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: ALBRECH SHORT PLAT BILL OF SALE - ACCEPT
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, accept the Bill of Sale for Albrech Short Plat
submitted by Reichert Construction, Inc for continuous
operation and maintenance of 350 feet for street improvements
and 350 feet of storm sewers and release of bonds after the
expiration period. The project is located at 10446 SE 244th
Street .
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6Q
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Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: HUNTERS GROVE II BILL OF SALE - ACCEPT
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, accept the Bill of Sale for Hunter' s Grove II
submitted by Peter Milovsoroff for continuous operation and
maintenance of 252 feet of sanitary sewer, and release of bonds
after the expiration period. The project is located at SE
230th Place, east of 116th Avenue SE.
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6R
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Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: CONSTRUCTION MACHINERY INC. BILL OF SALE - ACCEPT
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, accept the Bill of Sale for Construction Machinery
Inc . submitted by Cook Inlet Region Inc. for continuous
operation and maintenance of 420 feet of street improvements,
11 feet of storm sewers and release of bonds after the
expiration period. The project is located at 22101 84th
Avenue South.
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
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ACTION:
Council Agenda
Item No. 6S
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CONSTRUCTION MACHINERY INC.
Kent City Council Meeting
Date April 3 , 2001
Category Consent Calendar
1 . SUBJECT: DEMARCO ANNEXATION (AN-2000-1)
2 . SUMMARY STATEMENT: Accept the annexation petition for the
proposed "DeMarco" annexation, which has been signed by the
owners of at least 60% of the assessed valuation of the proposed
annexation area and direct staff to prepare and file a "Notice
of Intent" for the proposed DeMarco Annexation with the County
Boundary Review Board. On November 21, 2000, the Council
received a valid notice of intent to form the annexation area,
which was signed by owners of not less than 10% of the assessed
property valuation within the proposed DeMarco Annexation area.
As with other City annexations, the proposed annexation area
will be subject to assumption of its proportionate share of the
City' s existing indebtedness .
3 . EXHIBITS: Petition on file in City Clerk Office
4 . RECOMMENDED BY: Land Use & Planning Board
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
C-
ACTION:
Council Agenda
Item No. 6T
Kent City Council Meeting
Date April 3 , 2001
Category Other Business
1 . SUBJECT: TRANSPORTATION IMPROVEMENT BOARD (TIB) GRANT,
277TH CORRIDOR
2 . SUMMARY STATEMENT. The Public Works Department is in
receipt of a TIB Grant Agreement (#9-P-017 (021) -4 for the
construction phase of the South 277th Corridor, SR-167 to
Auburn Way North. The Public Works Committee has recommended
that the Mayor be authorized to sign the grant agreement, that
staff be directed to accept the grant, and that a budget be
established for the funds to be used on the South 277th
Corridor, SR-167 to Auburn Way North project .
3 . EXHIBITS: TIB Grant agreement #9-P-017 (021) -4 and Public
Works Director memorandum
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION: �,, _ /
Councilmember moves, Councilmember W it seconds
authorization for the Mayor to sign the TIB Grant Agreement for
the S . 277th Corridor, SR-167 to Auburn Way North, staff be
directed to accept the grant and that a budget be established
for the funds to be used on the S . 277th Corridor project .
DISCUSSION: T7 in �vlc�J Thsa�
ACTION:
Council Agenda
Item No. 7A
COMMUNITY DEVELOPMENT
Mike H. Martin, Deputy Chief Administrative Officer
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom,P.E. Public Works Director
Phone:253-856-5500
KEN 1T Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: March 27, 2001
To: Public Works Com ittee
From: Don Wickstromblic Works Director
Regarding: Transportation Improvement Board (TIB) Grant Agreement
#9-P-017(021)-4
We are in receipt of a TIB Grant Agreement for the construction phase of the South
277`l' Corridor SR-167 to Auburn Way North. At this time we are requesting
authorization for the Mayor to sign the grant agreement, direct staff to accept the
grant and establish a budget for the funds to be spent within said road improvement
project.
We have placed this item on the April 3`d Council agenda, upon the Committee's
concurrence, due to the short window of time allowed to return the signed agreement
to TIB.
MOTION:
Recommend authorizing the Mayor to sign the TIB grant agreement, authorize staff
to accept the grant and establish a budget for the funds to be spent within said road
improvement project.
1401 nip
r` Transporation Partnership Program (TPP)
� ji
..�� Construction Phase Project Agreement
Lead Agency
Kent
Project Number
9-P-017(021)-4
Project Title&Description
South 277th RAN Corridor Stage 4
SR-167 to Auburn Way North
Total Amount Authorized Authorization to Proceed Effective From
$9,082,000 March 21, 2001
In consideration of the allocation by the Transportation Improvement Board of TIB funds to the project and in the
amount set out above, the agency hereby agrees that as condldon precedent to payment of any TIB funds allocated
at any time to the above referenced project, it accepts and will comply with the terms of this agreement, including
the terms and conditions set forth in RCW 47.26; the applicable rules and regulations of the Transportation
Improvement Board, and all representations made to the Transportation Improvement Board upon which the fund
allocation was based; all of which are familiar to and within the knowledge of the agency and incorporated herein and
made a part of this agreement, although not attached. The officer of the agency, by the signature below hereby
certifies on behalf of the agency that local matching funds and other funds represented to be committed to the
project will be available as necessary to implement the projected development of the project as set forth in the
CONSTRUCTION PROSPECTUS, acknowledges that funds hereby authorized are for the development of the
construction proposal as defined by Chapter 167, Laws of 1988.
If the costs of the project exceed the amount of TIB funds authorized by the Transportation Improvement Board, set
forth above, and the required local matching funds represented by the local agency to be committed to the project,
the local agency will pay all additional cost;necessary to complete the project as submitted to the board. This shall
not prevent the local agency from requesting an increase in the amount of trust funds pursuant to applicable rules of
the Board.
Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW
70.94.The lead agency certifies that the project meets all applicable clean air act requirements.
In consideration of the promises and performance of the stated conditions by the agency, the transportation
improvement board hereby agrees to reimburse the agency from allocated TIS funds and not otherwise, for its
reimbursable costs not to exceed the amount specified. Such obligation to reimburse TIB funds extends only to
project costs incurred after the date of the board's allocation of funds and authorization to proceed with the project.
City of Kent TRANSPORTATION IMPROVEMENT BOARD
Agency Designee Date Executive Director Date
Kent City Council Meeting
Date April 3 , 2001
Category Bids
1 . SUBJECT: PHASE II PARKING LOT EXPANSION KENT MUNICIPAL COURT
AND KING COUNTY DISTRICT COURT AUKEEN DIVISION
2 . SUMMARY STATEMENT: The bid opening was held on March 27
with nine (9) bids received. Katspan, Inc . was the low bidder
at $264 , 370 . 00, plus Washington State Sales Tax.
The Parks Director recommends contracting with Katspan, Inc .
for the Phase II Parking Lot Expansion Kent Municipal Court and
King County District Court Aukeen Division.
3 . EXHIBITS: Bid tab
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6 . EXPENDITURE REQUIRED: $264 , 370 , plus WSST
SOURCE OF FUNDS: Bonds
7 . CITY COUNCIL ACTIO//JN:
Councilmember A)b moves, Councilmember seconds
to award the Phase II Parking Lot Expansion at Kent Municipal
Court and King County District Court Aukeen Division, bid to
Katspan, Inc. , in the amount of $264 , 370 , plus Washington State
Sales Tax.
DISCUSSION: �n n
ACTION:
Council Agenda
Item No. 8A
CITY OF KENT
PARKS FACILITIES DIVISION
BID TAB
Phase II Parking Lot Expansion Municipal Court and
King County District Court Aukeen Division
March 27,2001
No. Company Base Alternate 1 Alternate II Total
1. Kats an Inc $259,870.00 $67 aA48A $4,500.00 $264,370.00
2. Dennis RI Craig $343,587.00 $63;279:90 $2,595.00 $346,182.00
Construction Inc.
3. Mer-Con Inc. $313,976.00 $46 9A&99 $2,606.00 $316,582.00
4. T.F Sahli Construction $412,680.00 $65;9913:SA $6,000.00
5. T dico, Inc. $383,900.00 $97009 $8,000.00 $391,900.00
6. Gaston Bros $350,000.00 $aA;AAg.OA $4,000.00 $354,000.00
Excavating, Inc,
7. C.A. Goodman $324,000.00 $65 AA0 8B $2,500.00 $326,500.00
8. Clements Brothers, Inc. $425,371.0 1 $69,436.67 $6,839.63 $432,210.63
9 Pivetta Bros $352,688.00 $68,177 72 $4,131.77 $356,819.77
Construction, Inc.
r^
REPORTS FROM STANDING COMMITTEES AND STAFF
r
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE )� CO ��� lPm
C. PUBLIC SAFETY COMMITTEE iD � 1 1 o 5mM
D. PUBLIC WORKS
E. PLANNING COMMITTEE
F. PARKS COMMITTEE i � C(/�1 C9, I0
`►-
G. ADMINISTRATIVE REPORTS Cis
ctul�o,,
/0 ftu"ry
REPORTS FROM SPECIAL COMMITTEES
OPERATIONS COMMITTEE MEETING
r,. l MARCH 6, 2001
COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Judy Woods, Tim Clark,
STAFF PRESENT: Brent McFall, Jim McKenney, Becky Fowler, Karen Ford, Sue Lester,
Brenda Jacober, Marty Mulholland, Cliff Craig, May Miller, Joe Lorenz, Stan Waldrop, Tom
Brotherton, Jackie Bicknell
The meeting was called to order by Chair Rico Yingling at 4:02 PM.
Approval of Minutes of February 6, 2001
Committee Member Tim Clark moved to approve the minutes of February 6, 2001. The motion
was seconded by Committee Member Judy Woods and passed 3-0.
approval of Vouchers Dated February 15. 2001 and February 28. 2001
Judy Woods moved to approve vouchers dated February 15, 2001 and February 28, 2001. The
motion was seconded by Tim Clark and passed 3-0.
Finance, HR. Pavroll Thin Client Servers
Network Manager Joe Lorenz said the Finance, HR, Payroll Thin Client Servers and hardware
would be used to deploy the JD Edwards client software to users within the City. It would allow
t e updating of the client's software in one location and distribution to all the PC's in the City
klv and efficiently. The term Thin Client Technology means that the screen refreshers are
sent to the desktop PC and all the processing is done in the backend of the servers. Powerful
servers with a lot of R.AM are needed to accommodate the users, and these servers will allow a
seamless integration to the end users, as if the application was running on their desktop. A real
benefit for the City is that areas that need to be fixed can be identified, reports refined, and the
software on the five servers updated without having to update all the PCs within the City.
Updating the software in one location also centralizes and minimizes network traffic and doesn't
impact the rest of the users. The successful bidder, Technology Express, is a vendor that the Cin
has done business with on a regular basis, is an authorized HP reseller and has HP repair
authorization.
Tim Clark asked about the potential uses for public safety in wide scale incidents and the
prioritizing and processing of a quantity of information simultaneously. Mr. Lorenz said a
device called a traffic shaper would allow that. One of the issues in an emergency situation is
saturation of the communication lines and the need to guarantee that services are available for
the emergencv response team. Tools can be given for use on a daily basis and then taken away
in an incident when all the telecommunication circuits are saturated.
Tim Clark moved to recommend that Council authorize the Mayor to sign a purchase
order payable to Technology Express in the amount of$64,997.10 for 5 HP NetServer
computers and a purchase order payable to En Point Technologies in the amount of
r'"4,033.18 for Citrix Nletaframe soft-ware. The motion was seconded by Judy Woods and
passed 3-0.
Operations Committee Meeting, 3/6/01 2
Document Nianaaement Svstem Purchase
Information Systems Division Manager Stan Waldrop said the City has been going through a
long process of records inventory and replacement of the existing document imaging system. A
vendor has been selected for recommendation in the purchase of a new document management
system. Mr. Waldrop made a correction to the motion, saving that staff was comparing the
different price quotes on the hardware, but needed more time to analyze all the variables.
Jim McKennev, Senior Svstems Analyst, said the City has had Laserfiche document imaging
since 1992 which has been utilized by a number of departments, most notably Police, City Clerk,
Public Works, and Planning. Since 1992, the application has grown to over 1,000,000 images,
including ordinances, resolutions, council agendas, etc. and there have been a number of
successful and unsuccessful conversions. The records management inventory and space study
were conducted in 1998 and it identified that a lot of prime office space was being utilized as file
space. The document management system would meet the City's needs in a more manageable
way.
The records management inventory project, working in conjunction with the City Clerk and Cary
Information Consultants, identified the City's records management practices. An inventory was
conducted of all electronic and paper files in all departments, utilizing almost 40 different
attributes of use, size, indexing, name, and locations. That project culminated in a state approved
records retention schedule identifying how long records are supposed to be held and who the
primary owner is, as well as people who should have secondary copies. The information from
this inventory provided the needs by which to conduct the request for proposals, which was
issued in August of 2000. The key components of the RFP were to have a system that would be
utilized by all departments, would easily utilize a web browser, and be able to provide sufficient
security for those departments that have high security needs such as Police and Employee
Services. Implementation and integration of the JD Edwards product was a key component of
the project.
The RFP required a vendor with a stable product that had a proven track record of enterprise or
city-wide projects and that had been utilized by other jurisdictions. CIC helped review the five
responses received to the RFP. Demonstrations from the two finalists were reviewed on site with
t 5 members of various City departments. The FYI Image product was selected and subsequent
site visits were undertaken at Airborne Express and the Washinvon State Liquor Control Board.
Following that, more negotiations and refinement identified four phases for the project. The
departments in the first phase would include the City Clerk, Police, Community Development,
Public Works. Fire and Life Safetv, Finance, and JD Edwards. The project is designed to
provide the City with a centralized digital archive record for completed files and to have a high
retrieval rate so that information is consistently retrieved by users in one single location. The
system was required to comply with the Washington State :-archivist Records, in particular the
Washington Administrative Codes, which dictate how a city or any jurisdiction utilizes an
imaging system for records management. The other primary goal of the project was to reduce
file duplication.
Operations Committee Meeting, 3/6/01 3
Phase three of the project would integrate the document management system with KIVA, the
permit tracking system, which is an architecturally different approach than the JD Edwards
Y�°m. The system has dynamic ability to provide both internal and external use ability, and
gives appropriate access, utilizing the Internet. Project timelines for the four phases are: first
phase, intended to start the second quarter, April-June; second phase —the conversion of the
existing imaging system, to be completed in September; third phase —the permit integration of
the KIVA system, to conclude at the end of December this year; and the fourth phase that would
integrate the JD Edwards system in 2002. The budget source for the project is in the Technology
Plan with Phase Four costs coming from the Technology Plan Automation Projects allocation.
Stan Waldrop commented that not every piece of paper that comes through the City is a viable
candidate to be put into the document imaging system. Low retrieval items need to be stored,
but don't belong in a document imaging system because no one ever looks at them and they
aren't something that's needed on an ongoing basis. Tim Clark asked about employee error in a
data entry. Jim NlcKennev said the system utilizes bar code technology and integration with a
unified indexing scheme which would be linked closely to the system currently utilized with the
Council files. Roughly 1200 different categories of information are dealt with as outcomes of
the work of all the employees, and that information is categorized based on the kind of services
provided. The selected vendor has extensive experience with bar code technology and indexing
and has demonstrated it to be a minimized amount of keystroke entry with a standardized,
unified indexing structure.
Rico Yingling asked what kind of security measures would protect privacy. Mr. McKenney said
,ske system was integrated with Windows Nf Security and the application utilizes a concept of
_Aeries defined on 10 levels of security. NT Security is integrated with the City network, which
means the user who logs into the network is authenticated to use it. If an authenticated user
logged on and then left the desktop, the system could be safeguarded with "time out", where if
there is no activity, the PC would automatically log off. But, there is the potential for another
user to get onto the system without authorized use if an authenticated user walks away from his
desktop without logging out.
In response to NIr. Yingling's question about who would do the imaging work, NIr. NlcKenney
said a number of departments currently have scanning, but a centralized scanning location would
be implemented for those locations that didn't have dedicated resources. Departments could
come to the central location to scan records, and each department, based on their records
management plans, would have to identify business managers responsible for the record series
and a scan operator who would be trained in the use of the scanning equipment. Stan Waldrop
said that all the existing conversions of approximately 1,000.000 images would be converted in
the second phase of the project and put into the system automatically as part of the contract with
FYI. The areas that already utilize scanning would be converted from the Laserfiche application
to the Optika application.
Rico Yingling commented on the "site license" cost for the Optika Software of S192,000, and
asked what the definition was for site license. Stan Waldrop said Optika operates on a
Concurrent Use License which means 60 people can be logged in at any one time using the
e�aftware. However, installation costs are S150 for each computer the software is installed on.
Operations Committee Meeting, 3/6/01 4
Because there are so many people in the City that could potentially access the system, purchasing
a site license allows anyone to use the system without the City having to pay the 5150 a seat to
install it on each PC.
Judv Woods moved to recommend that Council authorize the Mayor to sign contracts with
FYI Image for the purchase of document imaging software and implementation services
subject to City Attorney approval of contract documents. The motion was seconded by
Tim Clark and passed 3-0.
FlexPass Program Agreement— Commute Trip Reduction
Employee Services Analyst Karen Ford said the City was looking at expanding the current
Commute Trip Reduction Program. The program has been limited in the past to vanpools,
carpools, and alternative work schedules. The FlexPass Program agreement would allow
employees unlimited access to the Sounder train or King County Metro buses with a FlexPass
card. The card could be used for daily commutes as well as on weekends and was for employee
use only. It is hoped that the pass would help the City reach its commute trip reduction goal set
by the state. The Citv is currently at 73% and the next goal is 56% in the year 2005. V
The pass would allow for discounted transit pricing with the City paying S 1.17 per one way trip.
The normal pricing for a two-zone, one way trip is 54.00. The FlexPass is an annual pass with a
serial number that would be signed to an employee who then would become responsible to
secure and maintain it. The contract rate is for one year and subsequent contracts would be
brought back on an annual basis. A guaranteed ride home provision would provide a taxi ride
home in the event the carpool driver had to leave sooner than expected, or if a person was called
home on emergency. The program would continue to subsidize current vanpoolers at 563.00 a
month and give carpoolers preferred parking.
Tim Clark suggested investigating potential streams of revenue so the program wouldn't be lost
in a budget cut back. Benefits Tanager Beckv Fowler agreed to do that, but said the CTR
program was state mandated and the FlexPass was another vehicle to try to meet the quotas
required by the state.
Judv Woods commented on the recreational option that would be available to people through the
pass. Karen Ford said the pass allows unlimited use. A unique special event in Seattle could
preclude the passes from being used. but for the every day_ Mariner game, etc., the emplovee
could use the card.
In answer to Rico Yingling's question about how the commute trip reductions are figured, Karen
Ford said the surveys are sent to the university of Washington and the percentages may be based
on two or more times per week that an employee would have to carpool or take alternate
transportation to work. She said she could research the issue and then get back to the
Committee.
Tim Clark moved to recommend to Council to authorize the Nlavor to sign a one-year
agreement for sale of FlesPasses between King County, Sound Transit, and the City of
Kent in the amount of 537,752. The motion was seconded by Judy Woods and passed 3-0. "'�
Operations Committee Meeting, 3/6/01 5
Blue Cross/Group Health Contracts for 2001
J� :y Fowler said that Premera was a third party administrator for the City's claims for the Blue
Cruss Program. The Premera Blue Cross administrative contract increased in cost this year 14%
and the program will run about $429,000. The Group Health contract increased 2.2% and will
cost about S312,000.
Staff has been partnering with the unions through the Health Care Committee and has made
some positive changes to the program. Cost containment features have been incorporated for
2001, such as higher co-pays for physicians and hospitals, a three tier program for
pharmaceuticals, and an increase for the co-pays and attached co-pays to the mail order program.
Also being increased are the premiums for the non represented employees and the Teamsters,
and negotiations are taking place with the KPO and AFSCME to incorporate dependent premium
increases with those unions. Overall cost savines for the program from the cost containment
features would be about 4%. An actuarial study performed each year has helped to stabilize
rates.
Because of the high administrative cost increase of 14% for Premera Blue Cross, performance
measures were added to the contract based on financial accuracy, administrative processing
accuracy, turnaround time, and satisfaction with claim processing and account management.
Premera will pay penalties to the City if they fall below the guaranteed levels. Rico Yingling
asked how Blue Cross was paid. Ms. Fowler said actual claims costs were paid by wire each
week. Administrative costs are paid monthly and figured at S43.08 per employee per month.
dv Woods moved to recommend to Council authorization for the Mavor to sign the
renewal for the 2001 health care contracts for Premera Blue Cross in the amount of
S427,714 and Group Health Cooperative in the amount of S312,255. The motion was
seconded by Tim Clark and passed 3-0.
Equipment Rental Budget Change
Finance Director May Miller said the equipment rental budget change was a technical
housekeeping change. The City buys vehicles on the state contract and those are ordered in the
spring. As the order was being readied, it was discovered more vehicles were being ordered than
had been budgeted. Ms. Miller said money is collected from all the departments and put into a
reserve to cover the purchases, so the money was available but just hadn't been budgeted as
technical capital outlay. Five police vehicles were missed in the budget: two that had been
totaled in accidents; one that was needed as a standbv; and two vehicles with enough miles on
them that they needed to be replaced.
Tim Clark moved to recommend that Council authorize a budget change of S133,187 to
replace five police vehicles with funds from the Equipment Rental Fund Balance for
reserve and insurance reserve. The motion was seconded by Judy Woods and passed 3-0.
Preliminary December Finance Report
Mav Miller said the Preliminary December Finance Report was 99% complete, but a few
�'.hnical corrections would still need to be made. Property Tax came in at 97.9%, and that is
Operations Committee Meeting, 3/6/01 6
usually collected at 97-93%, so it was right in line with the budget. Sales Tax was 523,000
better than what had been thought but still very close to budget. The Utility Tax was
significantly over budget by Sl 11,000, and almost all of that came from telephone and Internet
hook-ups. Building Permit revenue ended less than was expected, but still had a good year at
13% over budget. Expectations had been higher as August was 9% over budget and September
1.5% over budget. The value of permits was 5.6% under what had been forecast, but it was still
a high activity year when looking at the total amount of assessed valuation. Recreation Fees
were $71,000 over budget. Fines and Forfeits were $39,000 or 3.3% over budget.
General Fund revenue was 2.9% over budget, and expenditures were S 1,795,000 under spent.
The fund balance had decreased $562,000 more than what had been thought at budget time
because of some one time only changes. The Health Insurance Fund needed 5300,000 more to
end the vear with a million dollar reserve, so a one-time-only adjustment was taken by charging
all department budgets and putting the money into the Health Insurance Fund. Also, the GASB
Statement 34 accounting change, said more accrual was needed in the General Fund, so the Sick
Leave Incentive payment was moved from January back to December. The program has worked
quite well in that Public Works, the Shops, and City Hall balances have gone up. The fund
balance covers the one-time-only accounting type entries. Special pays will be budgeted this
year and each department's budget will be charged with a Sick Leave Incentive Payable. All
departments were within their budget, not including the sick leave payout and the final health
insurance fisures.
The Capital Improvement Fund came in less than was budgeted because of some late
expenditures, and the Real Estate Excise Tax also came in under budget. That still left
51,500,000 in reserve to cover economic swings or anything that might affect the balance. The
number of vacant positions in December was 26.
Rico Yingling said he would like the subject brought back again for discussion at the nest
meeting. Tim Clark commented that there was a connection between mobility and cell phones
and the FlexPass, and that a 50010 increase in the Utility collection was almost equivalent to the
FlexPass funds. He asked to have the Utilitv Fund considered as a funding source for the
FlexPass in future discussion.
%lav Miller finished by saving that even though the golf course contracts weren't in place for
merchandise until past half a year and the other contract wasn't fully in place until after the
remodel, there was still more revenue over expense than in previous years at Riverbend Golf
Complex. and the City was still within its line of credit in that fund.
The meeting adjourned at 5:06 Plvl.
Jackie Bicknell
City Council Secretary
SPECIAL PUBLIC WORKS COMMITTEE MEETING
FEBRUARY 27, 2001
COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Connie Epperly, Rico Yingling
STAFF PRESENT: Mike Martin, Don Wickstrom, Gary Gill, Kim Adams Pratt, Pat Fitzpatrick,
Jackie Bicknell
PUBLIC PRESENT: S. Robert Pfaff
The meeting was called to order by Chair Tim Clark at 5:03 PM.
Approval of Minutes of February 5, 2001
Committee Member Connie Epperly moved to approve the minutes of February 5, 2001. The
motion was seconded by Committee Member Rico Yingling and passed 3-0.
272"d Agreement
Public Works Director Don Wickstrom said the Committee had authorized approval of the
Interlocal Agreement between Auburn and Kent for the management of the construction of
Auburn's portion of the 277`h Corridor Project, subject to the Public Works Department and the Cite
Attornev's Office concurring on the language therein. Kent needs an additional full time accountant
position for two years to deal with the multitude of grants and agencies connected with the project.
The temporary position would be funded out of the project funds as part of the budget. The contract
a�Ws S2,300,000 for consultants to manage engineering of construction on the project, and the
e. ..late of the City's cost is around S300,000. The accountant position would be included in that
amount.
Rico Yin;lina recommended Council authorization to add a full time accounting position to be
funded out of Auburn's 277`h Corridor project up to two years. The motion was seconded by
Connie Epperly and passed 3-0.
Sound Transit Condemnation Ordinance
Don Wickstrom said that in conjunction with building the commuter rail station, improvements are
needed on Smith Street in the nei_hborhood of 2 Avenue to create a left turn pocket at the _
intersection there, and on Pioneer Street between Railroad and Smith Streets. The improvements
are critical for the opening of the garage, and in order to not delay the improvements, staff is asking
that the condemnation ordinance be adopted now. Negotiations would then take place with the
property owners and any properties that didn't settle would be condemned. Property owners would
be compensated for the appraised value of their properties, including damages. The improvements
were anticipated from the very start and are part of the original memo of understanding between
Sound Transit and the City.
Connie Epperly asked what the changes on Pioneer Street would do to Kentucky Fried Chicken and
Burrito Bob's whose parking is mainly on the street. )vIr. Wickstrom said the road had been
narrowed as much as possible to allow for parkin; there. The changes would affect Burrito Bob's.
i the City relocating some of its parking, and that would be considered damages to that
particular parcel. Kentucky Fried Chicken has a landscape strip, but will still lose one parkin; stall
Public Works Committee, 2/27/01 2
on the corner, which will be damages to them. The problem is that there is only 30 feet of right of
way that needs to accommodate a 36 foot wide road. Ms. Epperly voiced concern that the City
should make sure the businesses would not be forced to close because the condemnation had
shortened their parkin„ thus taking them out of compliance with code. Mr. Wickstrom said that on
similar condemnation road projects, the businesses became a non conforming use and continued to
operate unless the damages were so much the City had to buy them out. However, if a business
ever wanted to remodel or do a major redevelopment, they would have to meet the codes.
Rico Yingling asked who would be offering value for the needed properties. Don Wickstrom said
Sound Transit would pay all of the costs, but City staff would probably do the negotiations and
work with the property owners.
Connie Epperly recommended Council authorization to adopt the respective Condemnation
Ordinance for the street improvements associated with the Sound Transit Commuter Rail
Station project. The motion was seconded by Rico Yingling and passed 3-0.
Washington Avenue/Meeker Street Condemnation Ordinance
Don Wickstrom said the Washington Avenue/Meeker Street Condemnation Ordinance was a Citv
project to put HOY lanes on Washington Avenue and to widen Meeker Street to five lanes from 64`"
to James Street. There are four key property parcels the City must negotiate with. Staff is pushing
for construction to begin this summer as the Washington Avenue project grant is fairly old and the
work needs to be done soon.
Rico Yinglina moved to recommend Council authorization to adopt the respective
Condemnation Ordinance for the Washington Avenue HOV Improvements and Meeker
Street Widening project. The motion was seconded by Connie Epperly. In further discussion.
Tim Clark asked if the money to do the project was already appropriated. Don Wickstrom said
money was not an issue as the LID for the project was already done. A transfer of federal money
can take place from one project to another, and the federal money from the Washington
Avenue/Meeker Street project would all be transferred to the 21 Street Overlay Project, and the
City money from that project would be transferred over to the Washington Avenue/Meeker Street
project. It would then come back under the budget, but would eliminate some federal issues. The
motion was voted on and passed 3-0.
Surplus Equipment
Don Wickstrom presented a list of vehicles that either had been replaced or the cost of maintaining
them outweighed the cost of ke;,ping them. Staff requested the vehicles be surplused and sold at
auction.
Connie Epperly recommended authorization to declare the listed vehicles as surplus and to
authorize the sale thereof at the next public auction. The motion was seconded by Rico
Yingling and passed 3-0.
Water Supply Status
Don Wickstrom said the City of Seattle had proclaimed a 90410 chance that they would not have a
water shortage for their system this vear. %[r. Wickstrom said the newspaper called and asked about
Kent's system, and he told them there was a 90016 chance that Kent would have a water shortage
issue. Clark Springs provides 60% of Kent's water source and last fall the City supplemented Rock
Public Works Committee, 2/27/01 3
Creek (which passes through Kent's watershed) from Clark Springs because the flows were fairly
low and it was assumed the winter rains would be normal and there wouldn't be an issue. However,
the *ter rains never came. The annual rainfall at Clark Springs is about 60 inches, which
cor. .,onds to the Seattle watershed at Palmer, but so far this year, there's been only about 17
inches -down 54% through the 21" of Januarv. February hasn't been much better. Rather than
being fed by a snowfreld, the Springs are fed by rain which builds up the aquifer that the City draws
its water from, alone, with Rock Creek.
As the City continued to maintain the flows in Rock Creek, water needs had to be supplemented
from other sources, of which there are about eight that, except for Clark Springs and Kent Springs,
are typically rested at this time of year to recharge the aquifer for preparation for the next demand
season. Kent Springs and Clark Springs are on the same aquifer, which comes from the east, past
Ravensdale and into the City of Covington. That aquifer also services the City's Armstrong Springs
facilities. The Kent Springs aquifer has not recharged like in a typical year. Normally at this time
of the year, the City is running off of infiltration galleries, which are shallow drain fields that water
seeps into and then runs out in a gravity flow method with no pumping involved. The aquifer hasn't
recharged enough to use the infiltration gallery. Kent Springs has recharged up to the 9-12 foot
level, but the normal level at this time of year is 15-18 feet above the suction of the well. At the last
Council meeting the drilling of a well at Kent Springs was approved, and the well has been put in a
deeper spot of the aquifer to draw more water.
There has also been a problem at the 2121h well facilities which are at the interchange of 212t" and
SR 167. That facility is good for about 5 million gallons a day as the wells are 360 feet deep and
tap into an artesian. Because the well is artesian, there is a screen on the sides towards the bottom
sV'unded by gravel rock, which filters the water through the screen. It then goes into the well and
is pumped up. The continual flow of that artesian is apparently clogged by the packing on the
outside of the rock. Staff has tried to break the clog loose with a high pressure jet, but that hasn't
%worked and the only option is to drill another well. The new well can go in on the existing site and
I e operational before the summer's peak demand.
The City's water superintendent, in looking at the available resources, concluded that about U
million gallons of water a day could come out of the City's aquifers. Last year the City used 14.
million gallons during peak time, but projections for this year are that use could be as high as 17.E
million gallons a day, depending on whether it's a long, hot, dry summer. That could mean a 31,`i-
41 , million gallon a day shortage in meeting the peak day demand.
In the 1970's. when there was a water shortage, the City used fire trucks to pump water from
Renton into its systems, and since that time has become fully intertied with all the neighboring
purveyors (the cities of Renton, Tukwila, and Auburn, Highline Water District and Water District
11 l) with physical systems that allow transferring of water both ways. Kent is now using from 21,2-
3``_ million gallons of water a day from Renton in order to relax the use of existing sources, even
though there is more than ample supply for today's average day demand. In the summer, peak days
double the average. By using Renton water now, the other wells can recharge for the summer.
Staff is exploring getting up to 1!- million gallons of water per day from Highline Water District,
y+'<� gets its water from Seattle (as does Tukwila), but they are all members of the Cascade
.,_._lance. a separate, new entity that wants to generate its own new water sources, and there could
be some complications. Kent's joining the Alliance would be cumbersome, and the shortage is
Public Works Committee,2/27/01 4
predicted for just one year because of the drought situation. The City doesn't want to execute any
agreement that could hamper future operations. Talks are also in progress with Auburn who has
expressed a willingness to serve water to Kent. (Highline Water District is also willing to be
involved with the Tacoma project of funneling water through Lakehaven, but there aren't anv
connections through Highline into Kent.)
Staff will start notifying the customer base about the possible shortage situation and will ask them
to conserve water now so there will be water available for the summer's needs. The costs related to
the shortage are about 51,300,000: 5400,000 for a possible new well source at the 212`h site, and up
to 5325,000 on water purchases this summer; 5225,000 will be spent at Kent Springs to develop the
small well there and get it operational. 5125,000 is in the budget and the Water Fund is healthy, so
it's not a financial issue.
An existing ordinance about mandatory curtailment has been revised by the Law Department to
provide more flexibility for the City and will be brought to the nest Council meeting under Other
Business. If the rains don't come, an emergency water shortage will probably be declared for this
coming summer. In 1992, when Seattle and Tacoma were hurting because of the drought, there was
so much publicity about conserving that it knocked Kent's demand down by 30%, even though at
that time Kent didn't have a water supply problem. Now, there is no regional drought to coast on,
so Kent is on its own to try and keep the demand down.
Tim Clark asked what percent of the population was supplied water by the City. Mr. Wickstrom
said that, geographically, everything east of 124`h is supplied through Water District 111; roughly
everything west of I-5 is supplied by Highline Water District; and the City is the primary server for
the rest of the population. -�
Mr. Clark said a major concern was public safety as the Fire Department has to have a certain level
of water pressure to fight fires. Mr. Wickstrom explained that there would be enough pressure
because pressure is based on the reservoirs and the supply coming into them. If the reservoir level
can be maintained by cutting down the demand, then pressure would not be an issue. All City
departments will be notified that the City has gone on a Condition Yellow measure, which means
caution when using water and to not waste it. Mr. Clark expressed concern about the variety of
greenbelt areas that could become a fire hazard. He questioned whether Seattle, with all its
hillsides, may have made efforts to diagnose that problem. He requested research to see whether
anvbodv in Kincy Countv may be taking a look at the fire threat. —
The meeting ,vas adjourned at 5:47 PM.
Jackie Bicknell
City Council Secretary
CONTINUED COMMUNICATIONS
EXECUTIVE SESSION
A) Pending Litigation