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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/03/2001 Clotyof Kent CmityCouncil Meeting Agenda 40 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 <r 5 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 r• A) KING COUNTY COUNCILMEMBER LES THOMAS B) KENT SISTER CITY ASSOCIATION YOUTH ART AWARDS C) EMPLOYEE OF THE MONTH r- r- 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 . 2 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, 3 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. �1 4 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 5 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 6 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 . 7 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 U 188 ST J J_ R O J S 192ND ANGLE LK. Q� S 196TH ST `Q v S 200TH ST OE z C6 x r w J J Q > 3 v) S 212TH ST a z S216THST F S216THST PROJE T LOCAT ON Z a vi a U x S 228TH ST to �2 c> > Q x to S 234TH T KEpS Dfs A w ��Z S a 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 v 188T ST J J Q. 0 J S 192ND ANGLE LK. S 196TH ST \Q. O� S 200TH ST Z C6 r w J J Q > 3 N S 212TH ST a o PS�FQ` v S 216TH ST S 216TH ST PROJECT LOCAT ON a d co co Z. a ui �. a a i S 228TH ST <v2 vi c� > NZ DES CD S 234TH T KE uj er,k COLE S 2�%Plo- KENTVIEW POD B 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 a a v x v v N Go Q � S Z m m S 222ND S a L^ Jld Q. l Q x CD m V1 Q 2 J CD LS 234TH T F 1 o COLS ST J�o GREEN i P JECT LO ATION N SMITH T a sp o L -g sr ss z N Q - 3 } 3 S w S. 259 J J FEN WI CK 3 Q J Q • F- Z w U N 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 ERR \ f(O eel v NN + � i 3 : 000 ¢ 00 < 00 %Do doo zoo zoa corn �w m to o N m .. -» cho OD m of ai ofof -' CiN* mmcN � ON - O ¢ co o -it 0) ci06 z0CD ' zv; � �,. CNN NN. N0 VM' to " N O? ODD. 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QMN .` Qc� M � N3OJM K O O ' Z ZOM ZCON O p � O ' N -' 0 E•,� F _ o Fo �� � tt M N N - y zo-.=: 070 Ae �I 0 77 1+1 Q 0 ¢ c Ln��Q c Lq l O Qr Z Q c Z ZO tp N j F S' ia O i� p aV+ N N - r, � �oo a zp zaN ' zcd i _ Z Z z U U U MN OLn oeq do t y' N s Q cD LLM] ~ 5 O N # OD 'O Z � d' ZCOpfM -Z NN � �O CY (D it FA G S o Al < . ca 110-1 R - f oa .w c� " u c 0 0 .p OG4 � .. o� - as Lq Lq o +.i M N L6 N C(j N'j U lV ftl A -0 C F4 a_Ni v u v u 'O x U u u jy E E O T E M .O UE v m y r y ❑ c c � a — c c c cc Vp co 0o cow o 0 cc A ccCl) Cl) cc cc c c c cl M M M Cl) cc p � O � as ca ae Cast � •7 U u h U u .0 U u u �' u N u c. Imp .� C [ E c �° S c N J y, � z o� N � ocNi � ooy � c0 0aCl)O , o UU _ UU _ � U w v U r�. w t '; • e a V < y Q w; � 300 Y 300 3u0 o 0 0 _ X. � m m q W W nU) W W aU) W W a W tl W q W 0000cl /^ ptamm � am � � emro !I � ' 03lo LISaS � � aS � °� a .4 �i 39S � 5 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 c` 2y boy ak L E IE 0 2 � a� a G' ° Q) 2 w, C h o .7 O u v� Q Q u , eo �a a) a u cr o ea G G. U 7 p u coly a) E i � � gyms rn o = mower Qo s'Qp � � ai U �C ��/ eon � Cud �. K t.. td ..V. a son �a •� ti � 6� � CC A. C4 .�7 = p cc .�' � a G. Lam" 4: E. d 0. v ..`n. a IV u O p = a E '"E lNow Z ° LW X y $ 7cu X c to t cc 6w cc LE E O E y ,� c 3 ►C H 3 � °' �° cuooLo � o !2 Gn >� y cccut O C ...+ ° '° � �' y Eo �0 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 i lCIO Wb�dNn I t�4/V,•4T�. -,W=it NN "'At AN-NLZ1-Si /'0 3S 'Y/L MN N M'M :3/ 1 '-7SM'OS in = � '',/L'nN Sth3S fL N NI -3 4/l 3S 'Y/l 3N .09993 --In 'M ttbZZQ�� T ayel'54-- ------L6'49-- T, ,yb6'Z zr .64 Q$_--- 4S'ZOl-� I V� Ol�� •'• h n W m 1 01 O7 ?- l~.. dJ rrO�t 10 •^I^ WW m 0 ow to C ¢o co ccCLSdN ca0y 11 11 nn 3W L Z 0 , s`c�` 11 n n u� O ] (b)�'S££Ft 2,rsy 4Frzo� 9�sr Rig C3 n W R W i ,84.6£SZ D 2 an N09'2�2 55.` d ,90'Sll 3.L£.t0.lON vl Nd ,Z9'£Z�l ? I .SO,OS.00N ^G1 N N A` N w .00'[z N n n .4£,9L9Z=p n w �j O w ci in w. aJ 3`Z6Sz� ssi C ~ 90'S l l mw N Z j = .SO,OS.00N � 0 ^�ww 0- N Z c o mo as n''ul ] r D �z J 10 tp N.0 N in _ 4 ,; to co -- 1-----.ea su------�-- �� oo su a 3 �. CO Z 3,SO,OS.00N N = g 1 os ez o9'Yz �o 0 o b In oOD I.L.. L +T+ N ,80'Sll �� < J ll ,l9'LS O .00N t031aa OZ'SOl3.S0,OS.00No l4'L9 �^1�` O y. 2815 N p 3 C, 1 o d . 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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 SE 223RD ST rF/ S 2281 ST N w co co N OJEC S ST N SE 40TH ST N W N a �^ SE 244TH ST CLARK = LK. rn x to N SE 248TH ST A ¢ o x S 252ND ST a WA T S SE 256TH ST N TH ST �p 'rFi�,T < O y R N SE 264TH ST 7uj w N N c�FFti a < = x 0 o fO i ALBRECH SHORT PLAT 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 S 218TH ST Ln SE 223RD ST ' a 0 z N M 2 TH PL T C TI y SE 40TH STLn SE 240 En w a N SE 244TH ST CLARK LK. rn x m r rn cn SE 248TH ST a x r w S 252ND ST N 0 _ a 0 z N SE 256TH ST � 4 �ioo irFNT a N qT--L SE 264TH ST w w HUNTER'S GROVE 11 �W/I 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: r ACTION: Council Agenda Item No. 6S W W Q', U f1 r z o m � r Vn LLJ _ LD > LLI r Q r J Z S > 07 } H W (n J ¢ J W Q > 3 I, S 212TH ST ti S 208TH V) P OJEC L CATI N N a`ro S 21 BTH T x � co Z tO m S 222ND ST cr a vi 0- t (n > X. U 2 H tO S 228TH ST vi > > ¢ d FS- _ m S 234TH T �1�{ 00 00 COL E ST 6 S ST co > Ln SMITH T a to cr Z d ¢ o m = z 2 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