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Home My WebLink AboutCity Council Meeting - Council - Agenda - 10/15/2002 25 �vt City of Kent City Council Meeting Agenda 4^*4 KEN T W A 5 H I N G T O N Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr RicoYingling October 15, 2002 Office of the City Clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING KENT October 15, 2002 W A 9 X I N O T O N Council Chambers 7 00 p.m. MAYOR Jim White COUNCILMEMBERS Judy Woods, President Tim Clark Conine Epperly Leona Orr Julie Peterson Bruce White Rico Yingling 1 CALL TO ORDER/FLAG SALUTE 2 ROLL CALL 3 CHANGES TO AGENDA A FROM COUNCIL, ADMINISTRATION, OR STAFF B FROM THE PUBLIC 4 PUBLIC COMMUNICATIONS A Introduction of Kaibara Exchange Student B Introduction of Appointee C Proclamation- Senior Appreciate99n Week -i D• Proc/amoh'on- J)omesfic Vtolenre, fi" s lYI on �W 5 PUBLIC HEARINGS ��10 �97� A Six-Year Transportation Improvement PlAiZution -Ad B LID 352, South Kent Storm Sewers, Final Assessment Roll,Or inance-Adopt 6 CONSENT CALENDAR A. Minutes -Approval B Bills—Approval C Lodging Tax Advisory Board Member—Confirm D Police Software System Contract—Approve E. 2003 Budget, Second Public Hearing—Set Date for November 19 F. Capital Improvement Plan, Second Public Hearing— Set Date for November 19 G 2002 Tax Levy for 2003 Budget— Set Public Hearing Date for November 19 H Consolidated Plan for Housing and Community Development—Approve I Bureau of Justice Administration Ballistic Vest Grant—Accept and Amend Budget J Transit Service Agreement between the City and King County-Authorize K 2003 Community Development Block Grant Funding Allocations—Approve L Parks Fee-in-Lieu of Funds Transfer—Approve M. Interlocal Purchasing Agreement between Cities of Kent and Bellingham— Approve N Interlocal Agreement to Provide Fire Prevention Service to the City of Covington—Authorize O Canterbury Glen Final Plat (aka Locust Lane) —Approve P CXcuse4 A bseru -Fed Orr- '- rodC A 7. OTHER BUSINESS -� � �a r � A Master Planned Unit Development Zoning Code Amendment(Ordmance—Adopt B Referendum 51 RqN olution—Consider A174 A �V (continued next page) SUMMARY AGENDA CONTINUED 8. BIDS A Del Webb and Steiner Sanitary Sewer Projects Award 9 REPORTS FROM STANDING COMMITTEES AND STAFF 10 REPORTS FROM SPECIAL COMMITTEES 11 CONTINUED COMMUNICATIONS // C(dAl tfdtOr 12. EXECUTIVE SESSION A Property Acquisition 13 ADJOURNMENT NOTE A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page is on the City of Kent web site at www ci kent wa us 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 A) INTRODUCTION OF KAJBARA EXCHANGE STUDENT � K, ko rstir' B) INTRODUCTION OF APPOINTEE C) PROCLAMATION- SENIOR APPRECIATION WEEK • Kent City Council Meeting Date October 15, 2002 Category Public Hearings 1. SUBJECT: SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN RESOLUTION—ADOPT 2. SUMMARY STATEMENT: Each year the City is required to update the Six-Year Transportation Improvement Plan (TIP). This date has been set as the public hearing to consider the 2003-2008 six-year TIP. The proposed resolution would approve the 2003-2008 six-year TIP recommend by staff and the Public Works Committee. The Public Works Department is prepared to provide a brief overview of the TIP and the changes made per this year's update. 3. EXHIBITS: Resolution; 2003-2008 Six Year Transportation Plan, which is attached as Exhibit "A" to Resolution; 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: S SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing B. Councilmember atxmoves, Councilmember W h seconds to pass Resolution No. W/that establishes the City's 2003-2008 six-year Transportation Improvement Improvement Plan. � n^ �,� • DISCUSSION:_ / - ��' 1"ga, I. 'r�� aQ2 Cb" ACTION- /1� Oait�ciyr� o:n2 VwiLls D��nvaure * w� Council Agenda Item No. 5A PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director • KENT Phone 253-856-5500 w,s„,„pro„ Fax 253-856-6500 Address 220 Fourth Avenue S Kent,WA 98032-5895 Date October 7, 2002 To City Council Members From Don Wickstrom,Public Works Director RE Six-Year Transportation Improvement Program (6 Year TIP), 2003-2009 Attached is a summary of the changes to this year's six year transportation improvement program which will be presented at the Public Hearing before the Council, on October 15, 2002 Each year the City updates the Six-Year Transportation Improvement Program to declare the multi-year program for the continuing development of the City's transportation infrastructure The update is required by State Law, and grant funding is dependant on the project being listed in the Six-Year TIP for the applicant jurisdiction It is used by our neighbonng jurisdictions and other agencies to coordinate improvement of transportation facilities The 6-Year TIPis used by the development community as an indication of the City's priorities for improvement of the transportation system and provides a basis for assessing what capacity improvements will be put in place in the next few years to assist with planning under the Growth Management Act Public Works Staff will be on hand with a brief presentation and will be available to provide clarification or answer questions regarding the 6-Year Transportation Improvement Program Summary of Six Year Transportation Improvement Plan 2003-2008 The 2003-2008 Six Year TIP includes 30 projects, with estimated project costs totalling $245,361,000 Deleted from 2002-2007 TIP COMPLETED Washington Avenue (SR 181)HOV Lanes Canyon Drive Bicycle and Pedestrian Facilities Project West Meeker Street Widening Project—Phase I Southeast 2561h Street Widening, Phase—I 94"' Avenue South at Canyon Drive (SR516) West Valley Highway at South 2771h Street DROPPED from further consideration at this time Willis Street at 4`h Avenue Roundabout Construction Added Southeast 248"' Street Improvements, Vicinity of 100"' Avenue South to Canyon Drive (SR 516)— follow on to 90'/Canyon Drive modifications Changed Burlington Northern/Same Fe Railroad/Umon Pacific Railroad Grade Separation Project—RR Crossings at South 212"' Street, James St. and/or Willis St (SR 516), and South 228`h Street (old TIP 17) Project was split into three distinct projects Burlington Northern/Sante Fe Railroad/Union Pacific Railroad Grade Separation Project—RR Crossing at South 228"' Street (new TIP 13) Burlington Northern/Sante Fe Railroad/Union Pacific Railroad Grade Separation Project—RR Crossing at South 212"' Street (new TIP 19) Burlington Northern/Sante Fe Railroad/Union Pacific Railroad Grade Separation Project—RR Crossing at Willis Street (SR 516) (new TIP 30) Additionally, there were some adjustments of one year to reflect either the continuing nature of the project, or a deferral of the project due to resource limitations The Kent Station Infrastructure Improvements (new TIP 7) was accelerated from 2005 to 2003 (actual groundbreaking for the utility work and preliminary roadway prep will happen in 2002) RESOLUTION NO A RESOLUTION of the City Council of the City of Kent, Washington, adopting the 2003-2008 Six Year Transportation Improvement Plan WHEREAS, after proper notice, the City Council of the City of Kent held a public hearing at the regular meeting of the City Council at 7 00 p in on October 15, 2002, to consider public testimony on the city's proposed 2003-2008 Six Year Transportation Improvement Plan and, having considered public testimony to the plan, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES HEREBY RESOLVE AS FOLLOWS SECTION I The 2003 through 2008 Six Year Transportation Improvement Plan, set forth in Exhibit"A" attached hereto and herewith filed with the city clerk, is hereby adopted PASSED at a regular meeting of the City Council of the City of Kent, Washington this day of October, 2002 1 2003-2008 Six Year Transportation Improvement Plan CONCURRED in by the Mayor of the City of Kent, this day of October, 2002 JIM WHITE, MAYOR ATTEST. BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, 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 , 2002 (SEAL) BRENDA JACOBER, CITY CLERK P�CinfReoluoon\Sll(YEAA 2W3 US doc 2 2003-2008 Six Year Transportation Improvement Plan CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2003 - 2008 0 4^*41,01. KEN T W A S H I N G T O N Mayor Jim White Don E. Wickstrom, P.E. Director of Public Works CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent Page 1 132nd Avenue Southeast Widening 1 Southeast 245`r'Street to Southeast 253�d Street 2 SE 2481h Street Improvements 2 Vicinity of 100'4 Avenue South to Canyon Drive 3 James Street at Central Avenue 3 Intersection Improvement 4. Pacific Highway South (SR 99)HOV Lanes—North Phase 4 Kent-Des Moines Road(SR 516)to South 252"d Street 5 Pacific Highway South (SR 99)HOV Lanes—South Phase 5 South 252"d Street to South 272"d Street 6 132"d Avenue Southeast at Kent-Kangley Road (SR 516) 6 Intersection Improvement 7 Kent Station Infrastructure Improvements 7 6icmity of 4th Avenue North and 2nd Avenue North Extension 8 4'h Avenue and Smith Street 8 Intersection Improvement 9 Military Road at Reith Road 9 Intersection Improvement 10 South 277`h Street Corridor -Phase II 10 SR 167 to Auburn Way North I 1 South 2281h Street Corridor Project Phase I 1t Military Road to 54'h Avenue South 12. 72nd Avenue South Extension 12 South 1961h Street to South 200'h Street i CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Protect Location and Extent Paee 13. South 228ih Street Extension Grade Separation Project 13 Grade Separation Crossings at Union Pacific Railroad &Burlington Northern/Santa Fe Railroad 14. Interurban Trail Crossings Signal Interconnect with West Meeker 14 Street and East Smith Street Signal Systems 15 Bicycle and Pedestrian Improvements 15 Ongoing Citywide Program 16 Guardrail and Safety Improvements 16 Ongoing Citywide Program 17 Americans with Disabilities Act Compliance Sidewalk 17 Repair and Rehabilitation 0 Ongoing Cit.)i side Program 18 Commuter/Shopper Shuttle Bus Project 18 Ongoing Citywide Program 19 South 2121h Street Pavement Rehabilitation Project 19 Green River Bridge to West Valley Highway 20 South 212`h Street Grade Separation Project 20 Grade Separation Crossings at Union Pacific Railroad& Burlington Northern/Santa Fe Railroad 21 841h Avenue South Pavement Rehabilitation Project 21 South 212ih Street to SR 167 22 116`"Avenue Southeast Widening 22 Southeast 2561h Street to Kent-Kangley Road(SR 516) 23. Central Avenue Pavement Rehabilitation 23 Willis Street (SR 516) to the Green River Bridge 24 South 272"d Street Widening -Phase I 24 • Military Road to 26th Avenue South 11 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent Page 25 Military Road Widening- Phase I 25 Reith Road to Kent-Des Moines Road(SR 516) 26 80th Avenue South Widening 26 South 196th Street to South 188th Street 27 South 272"d Street Widening-Phase II 27 26'h Avenue South to Pacific Highway South (SR 99) 28 South 272"d Street Widening-Phase III 28 Military Road to Pacific Highway and I-5 HOV Loop-Ramp 29 South 2281h Street Corridor Project Phase III 29 8e Avenue South to IOe Avenue Southeast(SR 515) 30. Willis Street (SR 516) Railroad Grade Separation Project 30 Grade Separation Crossings at Union Pacific Railroad& Burlington Northern/Santa Fe Railroad MAP OF THE PROJECTS 31 ni CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: 132"d Avenue Southeast Widening Southeast 245v' Street to Southeast 253`d Street DESCRIPTION: Widen 132"d Avenue Southeast to provide a three-lane roadway, including two general-purpose travel lanes, a center left turn lane, paved shoulders, storm drainage and appurtenances PROJECT COST: Preliminary Engineering . .$250,000 Right of Way Acquisition 0 Construction .. .. . . .. .. .. $1,000,000 TOTAL .......................................$1,250,000 FUNDING SOURCE (S): City of Kent, AIP, STP (U) Funded PROJECT JUSTIFICATION: A consistent three-lane roadway section is required to provide safe left turn access into the adjoining properties and smoother traffic flow Improvements on 132"d Avenue (and closely related improvements on 248`h Street).will provide safe access for increased traffic and school age pedestrians to/from the East Hill Youth Sports Complex and the Martin Sortun Elementary School Shoulder improvements will also provide control of roadway drainage and prevent impacts to adjacent property owners STP— Surface Transportation Program [Federal], (L9 Urban, (E)Enhancements, (C) Competitive, HES— Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation improvement Account, TIB—Transportation Improvement Board, AIP- Arterial Improvement Program [State],LID—Local Improvement District t CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: SE 248th Street Improvements Vicinity of 100th Avenue South to Canyon Drive (SR 516) DESCRIPTION: This project will reconstruct and better align the 248`h Street SE and 94th Avenue intersection Ninety-fourth Avenue South will be widened from South 248"' Street to Canyon Drive (SR 516) Turn pockets at the intersections of 98th Avenue South and 100th Avenue South will be constructed A graved walking shoulder will be constructed on the north side of SE 248 Street between 90 Avenue South and 100'h Avenue South PROJECT COST: Preliminary Engineering $70,000 Right of Way Acquisition... ... . .... .$80,000 Construction . . .... . ... $650,000 TOTAL ..........................................$800,000 FUNDING SOURCE (S): City of Kent Partially Funded PROJECT JUSTIFICATION: The realigned intersection of 94v' Avenue South and SE 2481h Street will improve the major traffic movements at this intersection, providing better connectivity with the East hill. Turn lanes will be provided to accommodate developments north of SE 248'h Street STP— Surface Transportation Program [Federal], (U) Urban, (E)Enhancements, (C)Competitive, LIES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, ALP-Arterial Improvement Program [State],LID—Local Improvement District 2 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: James Street at Central Avenue Intersection Improvement and Central Avenue Pavement Rehabilitation DESCRIPTION: Widen the east approach of James Street at Central Avenue intersection to provide an exclusive right turn lane for westbound traffic on James Street, and construct a second south-bound to east-bound left turn pocket. The project will also modify the existing traffic signal and repave Central Avenue between James Street and Smith Street The project will include the construction of paving, concrete curbs, gutters and sidewalks, street lighting, storm drainage facilities, utilities and appurtenances PROJECT COST: Preliminary Engineering $120,000 Right of Way Acquisition . $200,000 Construction $1,220,000 TOTAL .......................................$1,540,000 FUNDING SOURCE (S): AIP, City of Kent Funded PROJECT JUSTIFICATION: This intersection is heavily impacted by traffic to/from the Kent East Hill The project will support improved access into the downtown area and the increased traffic generated by the changes in land use in the downtown area STP— Surface Transportation Program [Federal], (U) Urban, (E)Enhancements, (C)Competitive, HES-Hazard Elimination, FMS1B—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, AIP -Arterial Improvement Program [State],LID—Local Improvement District 3 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: Pacific Highway South (SR 99) HOV Lanes—North Phase Kent-Des Moines Road(SR 516)to South 252"d Street DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy Vehicle) lanes from the Kent-Des Moines Road (SR 516) to South 252Id Street. The project will also provide a seven foot wide concrete sidewalk and modify existing traffic signal systems at the Kent-Des Moines Road, South 240a' Street, and at South 252°d Street. The project includes landscaping, paving, concrete curbs, gutters, storm drainage systems, utilities, and appurtenances. PROJECT COST: Preliminary Engineering $1,200,000 Right of Way Acquisition . $530,000 Construction . $6,720,000 TOTAL .......................................$8,450,000 FUNDING SOURCE (S): STP (U&C), TIB AIP, City of Kent, WSDOT Funds Funded PROJECT JUSTIFICATION: This project will reduce peak hour single-occupant vehicle trips by encouraging high occupancy velucle usage Pacific Highway South (SR 99) is a regionally significant north-south arterial heavily used by commuters for access from South King County to the employment centers in South Seattle, and provides alternative access to I-5 and Sea- Tac airport STP—Surface Transportation Program [Federal], (Lg Urban, (E) Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP -Arterial Improvement Program [State],LID—Local Improvement District. 4 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: Pacific Highway South (SR 99) HOV Lanes—South Phase South 252"d Street to South 272"d Street DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy Vehicle) lanes from South 252nd Street to South 272"d Street The project will also provide a seven foot wide concrete sidewalk, and modify existing traffic signals at the Fred Meyer Shopping Center, South 260t° Street, and South 272"d Street The project will include construction of paving, landscaping, storm drainage systems, concrete curbs, gutters, utilities, and appurtenances PROJECT COST: Preliminary Engineering $900,000 Right of Way Acquisition $1,600,000 Construction 1 $6,100,000 TOTAL .......................................$8,600,000 FUNDING SOURCE (S): STP (U&C), TIB, AIP, City of Kent, WSDOT Funds Funded PROJECT JUSTIFICATION: The project will reduce peak hour single-occupant vehicle trips by encouraging high occupancy vehicle usage Pacific Highway South (SR 99) is a regionally significant north-south arterial heavily used by commuters for access from South King County to the employment centers in South Seattle, and provides additional access to Sea-Tac Airport STP—Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C) Competitive, HES—Hazard Elimination, FMS1B—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP -Arterial Improvement Program [State],LID—Local Improvement District 5 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: 132"d Avenue Southeast at Kent-Kangley Road (SR 516) Intersection Improvement DESCRIPTION: Widen the north approach of 132"d Avenue Southeast at South 272"d Street (Kent—Kangley) intersection to provide an exclusive right turn lane for southbound traffic on 132"d Avenue Southeast The project includes modifying the existing traffic signal and reconstruction of paving, street lighting, storm drainage facilities, concrete curbs, gutters, sidewalks/bicycle paths, utilities and appurtenances PROJECT COST: Preliminary Engineering.. .. . . ..$20,000 Right of Way Acquisition.... . . .. $30,000 Construction . $200,000 TOTAL..........................................$250,000 FUNDING SOURCE (S): City of Kent, AIP, STP (U) Funded PROJECT JUSTIFICATION: This intersection is heavily impacted by traffic coming down 132"d Avenue Southeast bound for S 272"d Street The improvement will tie into the curb and gutter at the nearby shopping center The project will support improved access on Kent-Kangley Road STP—Surface Transportation Program [Federal]; (U) Urban, (E)Enhancements, (C)Competitive, HES—Hazard Ehmmation, FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, ALP - Arterial Improvement Program [State],LID—Local Improvement District 6 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: Kent Station Infrastructure Improvements Vicinity of 4"' Avenue North and 2"d Avenue North Extension DESCRIPTION: Widen 2nd Avenue North to provide two travel lanes with left turn pockets at intersections, and on-street parking between Smith Street and Temperance Street Construct Temperance Street between 2"d Avenue South and 1st Avenue South, Extend 2"d Avenue from Temperance Street to intersect with 4th Avenue opposite the Regional Justice Center driveway and install a traffic signal. Widen Ist Avenue from two to three lanes. to provide a single travel lane in each direction with center left turn lane The widening will extend from James Street to Temperance Street The project includes landscaping, paving, concrete curbs, gutters, storm drainage systems, utilities, and appurtenances. PROJECT COST: Preliminary Engineering .... $390,000 Right of Way Acquisition 0 Construction ... $1,930,000 TOTAL .......................................S2,320,000 FUNDING SOURCE (S): FTA, City of Kent Funded PROJECT JUSTIFICATION: This project provides the necessary transportation infrastructure for development of the Kent Station and adjacent properties. The project is coordinated with transit and commuter rail improvements in and around the vicinity of the Kent Station and Commuter Rail Station sites These improvements include Sound Transit's reconstruction of I" Avenue North from Temperance Street to Smith Street and construction of the pedestrian bridge over B N R R The project includes street improvements required for the development of the site, as well as mitigation measures (traffic signal) to accommodate access to the City arterial street system STP— Surface Transportation Program [Federal], (UJ Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination,FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, ALP-Arterial Improvement Program [State], LID—Local Improvement District 7 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: 4`h Avenue and Smith Street Intersection Improvements Intersection Improvement DESCRIPTION: Reconstruct the 4th Avenue and Smith Street intersection by widening each approach to add a left turn pocket with appropriate left turn storage and upgrade the traffic signal. PROJECT COST: Preliminary Engineering . . . $140,000 Right of Way Acquisition. . . $140,000 Construction . . .... . ... . .3700,000 TOTAL.......................................$1,220,000 FUNDING SOURCE(S): FTA, City of Kent Funded PROJECT JUSTIFICATION: The intersection currently has four lanes on each approach. Volumes are such that it is necessary to operate the signal to serve only one approach at a time This project widens each approach to provide for a separate left turn pocket with appropriate storage. This allows a much more efficient operation of the signal at this intersection, and significantly enhances the traffic signal progression along both of these heavily traveled arterial corridors This project also improves necessary transportation capacity for the development of the Kent site and adjacent properties as an urban revitalization measure. STP— Surface Transportation Program [Federal], (U)Urban,(E)Enhancements, (C)Competitive, HES—Hazard Ehmmation,FMSIB —Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program [State],LID—Local Improvement District 8 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: Military Road at Reith Road Intersection Improvement DESCRIPTION: Widen all approaches of Military Road at Reith Road intersection to provide exclusive left turn lanes for all traffic, and exclusive right turn lanes for northbound and southbound traffic on Military Road and westbound traffic on Reith Road Modify the existing traffic signal The project will include the construction of paving, paved shoulders, street lighting, storm drainage, utilities and appurtenances PROJECT COST: Preliminary Engineering $100,000 Right of Way Acquisition . . $-0- Construction $900,000 TOTAL .......................................$1,000,000 FUNDING SOURCE (S): AIP, City of Kent, STP(U) Partially Funded PROJECT JUSTIFICATION: The level of development on the Kent West Hill, coupled with the growth in the Puget Sound area and the regularly occurring congestion along both Pacific Highway South and Interstate 5 results in significant congestion at this intersection in the morning and evening peak hours STP— Surface Transportation Program [Federal], (0 Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program[State],LID—Local Improvement District 9 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: South 277`h Street Corridor-Phase II SR 167 to Auburn Way North DESCRIPTION: Study, design and construct the widening of South 277th Street from three lanes to five lanes, including grade separation at the UPRR and BNSF rail crossings,utility improvements (water, sewer, and storm), two-way left turn lane, and accommodations for bicycle and pedestrian facilities from SR 167 to Auburn Way. This includes modifications to the traffic signals at the intersections of Soutar 277th Street and Auburn Way North/East Valley Highway The project will include the construction of full-width paving, concrete curbs, gutters and sidewalks, street lighting, storm drainage, landscaping,utilities and appurtenances. PROJECT COST: Preliminary Engineering . . $6,000,000 Right of Way Acquisition . $5,000,000 Construction .. . . $25,000,000 TOTAL .....................................$36,000,000 FUNDING SOURCE (S): TPP, LID, City of Auburn, King County, WSDOT, ISTEA, TEA21, TIB, FMSIB, Port of Seattle, Port of Tacoma, BNSF, and UPRR Funded PROJECT JUSTIFICATION: This project will improve safety and mobility on an existing east-west corridor, provide multi-modal facilities, and ensure that the link will satisfy concurrency in the near future. The project involves and benefits the Cities of Auburn and Kent, as well as King County and WSDOT. It is not feasible to widen alternate routes to accommodate either existing or forecast traffic volumes to the Kent East Hill This project provides a continuous arterial from Kent East Hill to SR 167 to Interstate 5 STP—Surface Transportation Program [Federal], (U)Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program [State],LID—Local Improvement District 10 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: South 228th Street Corridor - Phase I Military Road to 54`h Avenue South DESCRIPTION: Preliminary engineering and construction of a new five-lane roadway from SR-516 along Military Road to approximately Bolger Road, then from Military Road to 54th Avenue South, including a new bridge over the Green River The project will include the construction of full-width paving, a bridge, concrete curbs, gutters, sidewalks and/or paved shoulders, street lighting, storm drainage, landscaping, utilities and appurtenances. The project may include the installation of traffic signals at the Corridor's intersections with Military Road and Lakeside Boulevard. PROJECT COST: Preliminary Engineering $2,500,000 Right of Way Acquisition $1,100,000 Construction $20,4000,000 TOTAL .....................................$24,000,000 FUNDING SOURCE (S): TPP, City of Kent, LID, TIB, FMSIB PROJECT JUSTIFICATION: James Street and Meeker Street `comdors' are not feasible to widen sufficiently to accommodate forecast traffic volumes and future development Meeker Street currently represents the only east-west arterial that crosses the Green River between the SR 516 and South 212`h Street This extension will provide required east-west capacity STP— Surface Transportation Program [Federal], (U) Urban, (E)Enhancements, (C)Competitive, RES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program [State],LID—Local Improvement District it CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: 72"d Avenue South Extension South 196" Street to South 200'h Street DESCRIPTION: Construct a new four-lane roadway from South 196th Street to South 200`h Street. The project will include the crossing of Mill Creek and construction of full-width paving, concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering . $160,000 Right of Way Acquisition S680,000 Construction .. .. $580,000 TOTAL .......................................S1,420,000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: Continued development m the northern Kent industrial area, and high levels of congestion along West Valley Highway between the South 1801h Street and South 196 h Street corridors, mandate additional north-south arterial capacity. This project provides some relief for South 180`h Street, South 196h Street, and South 2120' Street intersections along West Valley Highway It also provides improved access to the South 196"' Street corridor from industrial development along 72"d Avenue South STP—Surface Transportation Program [Federal], (L9 Urban,(E)Enhancements, (C)Competitive, HES—Hazard Elimination,FMSIB—Freight Mobility Strategic Investment Board [State], TM—Transportation Improvement Account, TIB—Transportation Improvement Board, AIP- Arterial Improvement Program [State],LID—Local Improvement District 12 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: South 228th Street Extension Railroad Grade Separation Project Grade Separation crossings at Union Pacific Railroad & Burlington Northem/Santa Fe Railroad DESCRIPTION: Construct grade separations of both the Burlington Northern Santa Fe Railroad's and Union Pacific Railroad's mainline tracks at South 228`h Street The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to various Ports, Sea-Tac Airport and the freeway system. The project will include the construction of bridge structures and/or underpasses, full-width paving, concrete curbs, gutters, sidewalks, street lighting, utilities and appurtenances PROJECT COST: Preliminary Engineering $5,000.000 Right of Way Acquisition. ... $5,000,000 Construction . .$26,000,000 TOTAL .....................................$36,000,000 FUNDING SOURCE (S): City of Kent, FAST((Freight Action Strategy, for Everett-Seattle-Tacoma Corridor), FMSIB, Burlington Northem/Santa Fe Railroad and Union Pacific/Southern Pacific Railroad PROJECT JUSTIFICATION: Traffic analysis indicates this project would improve level of service on other key east-west arterials, such as Meeker Street Improving traffic on neighboring arterials will improve overall traffic operations and safety in the valley, and allow for improved freight mobility This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and 40 million square feet of warehouse/industrial space The level of freight and passenger rail traffic on both the UP and BNSF Railroad mainlines is also increasing as a consequence of economic conditions in the Puget Sound area STP—Surface Transportation Program [Federal], (U) Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination,FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program [State],LID—Local Improvement District 13 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: Interurban Trail Crossings Signal Interconnect West Meeker Street and West Smith Street DESCRIPTION: Interconnect the existing traffic signals at the Interurban Trail crossings at Meeker Street and Smith Street to the UP crossing signals at said streets PROJECT COST: Preliminary Engineering $30,000 Construction . . $240,000 Right of Way Acquisition $-0- TOTAL ..........................................$270,000 FUNDING SOURCE (S): STP (E), City of Kent PROJECT JUSTIFICATION: This project is required in order to interconnect the existing street signals with the railroad crossing signals It will eliminate potential conflict where traffic could backup across the railroad tracks STP—Surface Transportation Program [Federal], (L9 Urban, (E) Enhancements, (C)Competitive, HES—Hazard Elimination,FMS1B—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program [State],LID—Local Improvement District 14 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 - 2008 PROJECT: Bicycle and Pedestrian Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous improvements to the City's Bicycle Route and Pedestrian system Potential projects include improvements to 100`h Avenue Southeast north of James Street, Southeast 248d` Street east of 94's Avenue South, and 152"d Way Southeast north of Southeast 272nd Street PROJECT COST: Preliminary Engineering $60,000 Right of Way Acquisition. . .. $-0- Construction 1 $562,000 TOTAL ..........................................$625,000 FUNDING SOURCE (S): STP (E), City of Kent PROJECT JUSTIFICATION: This project complies with the City s CTR (Commute Trip Reduction) Ordinance and the City Comprehensive Plan This project helps to reduce peak hour single-occupant vehicle trips, encourage the use of non- motorized transportation modes, and provide safe routes for school-age pedestrians and cyclists STP—Surface Transportation Program [Federal], (Lq Urban, (E)Enhancements, (C)Competitive, $ES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP -Arterial Improvement Program [State],LID—Local Improvement District 15 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 -2008 PROJECT: Guardrail and Safety Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance motorist safety. Candidate projects include Frager Road and 1001h Avenue Southeast (near the 22600 block) Upgrade existing guardrail end- treatments as mandated by State and Federal regulations PROJECT COST: Preliminary Engineering . . . $20,000 Right of Way Acquisition. . .. . $-0- 0 Construction $175,000 TOTAL ..........................................$195,000 FUNDING SOURCE (S): STP (E), HES, City of Kent PROJECT JUSTIFICATION: This project is mandated by compliance with Federal and State regulations, and the requirement to eliminate potentially hazardous roadway conditions STP—Surface Transportation Program[Federal], (L9 Urban,(E)Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], 40 TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program [State],LID—Local Improvement District 16 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 - 2008 PROJECT: Americans with Disabilities Act Compliance Sidewalk Repair and Rehabilitation Ongoing Citywide Program DESCRIPTION: Reconstruct and repair existing sidewalks and pedestrian ramps, and install new hard-surfaced sidewalks to implement the requirements of the Federal Government's Americans with Disabilities Act (ADA) This project will include an inventory of the City's sidewalk/walkway facilities, and identification and correction of existing deficiencies This project will also include the construction of concrete curbs, gutters and sidewalks, minor storm drainage, and appurtenances PROJECT COST: Preliminary Engineering $200,000 Right of Way Acquisition . .$-0- Construction . , . $1,750,000 TOTAL .......................................S1,950,000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: This project is mandated by the Americans with Disabilities Act (ADA) It repairs existing sidewalks, replaces deficient/substandard and/or missing wheelchair/pedestrian ramps, and brings same into compliance with the adopted Federal standards. STP—Surface Transportation Program [Federal], (U) Urban, (E)Enhancements, (C)Competitive, RES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program [State],LID—Local Improvement District 17 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 - 2008 PROJECT: Commuter/Shopper Shuttle Bus Ongoing Citywide Program DESCRIPTION: Continue to provide enhanced transit service in the Downtown Kent business area through the use of a fixed-route shuttle service, with demand-responsive routing capabilities. Service route points will include King County Metro Park Ride, South King County Regional Justice Center, and Kent City Hall, as well as local shopping and medical facilities. PROJECT COST: Preliminary Engineering Fight of of Way Acquisition. . . . . $-0- Operations $140,000 TOTAL ..........................................$140,000 *City share, which is equivalent to the lost fare box revenue that the county could have collected were not the city wanting a free service, (based on 6 years operating cost with 3% inflation) FUNDING SOURCE (S): King County, City of Kent PROJECT JUSTIFICATION: The Shopper Shuttle provides mobility and independence to many of the city's seniors as well as school children and other citizens with limited mobility options The service addresses a significant transit market that may not be able to use the county's more traditional routes, and helps the city meet its road safety and transportation demand management goals STP— Surface Transportation Program [Federal], (L9 Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program [State],LID—Local Improvement District 18 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: South 212"' Street Pavement Rehabilitation Green River Bridge to West Valley Highway(SR 181) DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the asphalt roadway between the Green River bridge and West Valley Highway (SR 181). This project will include the removal and replacement of the upper two inches of the existing asphalt pavement in the curb lanes in both directions, and a full-width asphalt pavement overlay of the entire roadway This project will also include the selective replacement of catch basin inlets and driveway approach aprons, and sections of concrete curbs and gutters. PROJECT COST: Preliminary Engineering .... .. .$45,000 Right of Way Acquisition.. .... .. .. . $-0- Construction . $635,000 TOTAL ..........................................$680,000 FUNDING SOURCE (S): STP (U), City of Kent Funded PROJECT JUSTIFICATION: The existing asphalt pavement along this section of South 2121h Street is exhibiting signs of distress, as demonstrated by "alligatoring', longitudinal cracking, and cracking of the concrete curbs and gutters The end of the service life of this roadway has been reached Reconstruction of the pavement to extend the service life of the roadway and prevent further degradation is required STP—Surface Transportation Program [Federal], (U) Urban, (E)Enhancements, (C)Competitive, RES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP -Arterial Improvement Program [State],LID—Local Improvement District 19 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT: South 212i1 Street Grade Separation Project Railroad Grade Separation crossings at South 212`h Street DESCRIPTION: Construct grade separations of both the Burlington Northern Santa Fe Railroad's and Union Pacific Railroad's mainline tracks at South 2121h Street The project will support the increased number of trains resulting from the re-opening of the BNSF Railroad's Stampede Pass line and increased activity through the Ports of Seattle and Tacoma, as well as the commuter rail operations of the RTA The project will ultimately include the construction of bridge structures, full-width paving, concrete curbs, gutters, sidewalks, street lighting, utilities and appurtenances PROJECT COST: Preliminary Engineering......... . ..$5,000,000 Right of Way Acquisition . .$5,000,000 Construction . . .. .. .. $30,0000,000 TOTAL .....................................$40,000,000 FUNDING SOURCE (S): City of Kent, State,FMSIB STP (U), State, City of Kent, FMSIB Burlington Northern/Santa Fe Railroad and Union Pacific/Southern Pacific Railroad PROJECT JUSTIFICATION: The level of freight and passenger rail traffic on both the UP and BNSF Railroad mainlines is continually increasing as a result of long term growth in the Puget Sound area and the approved RTA plan. East-west freight and commuter mobility in the Green River Valley will soon reach a point of being significantly impacted by continued private development competing with the increased rail traffic — also created by private development activities and regional trade. Grade-separations are required to mitigate past and future development. STP—Surface Transportation Program[Federal], (0 Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, ALP - Arterial Improvement Program [State),LID—Local Improvement District 20 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: 84`h Avenue South Pavement Rehabilitation South 212'h Street to SR 167 DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the roadway between South 212`i' Street and SR 167 This project will include the removal and replacement of the existing pavement in the curb lanes in both directions, and a full-width asphalt concrete overlay of the entire roadway, and will also include the selective replacement of catch basin inlets and driveway approach aprons, and curbs and gutters PROJECT COST: Preliminary Engineering $145,000 Right of Way Acquisition . . $-0- Construction 3585,000 TOTAL ..........................................$730,000 FUNDING SOURCE (S): STP (U), City of Kent PROJECT JUSTIFICATION: The existing pavement along this section of 84`h Avenue South is showing signs of structural distress as demonstrated by "alligatormg", longitudinal cracking, and cracking of the curbs and gutters An inverted crown section also occurs at the former curb line along many of the sections of this street This inverted crown section results in the ponding of stormwater in the street along the seam line, which increases the failure rate of the roadway pavement STP— Surface Transportation Program [Federal], (II) Urban, (E)Enhancements, (C)Competitive, HES— Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program [State], LID—Local Improvement District 21 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT: 116"'Avenue Southeast Widening Southeast 256"' Street to Kent-Kangley Road (SR 516) DESCRIPTION: Widen 116`s Avenue Southeast to provide a five-lane roadway, including four general-purpose travel lanes, a two-way left turn lane and a bicycle facility The project will include the construction of paving, concrete curbs, gutters, sidewalks, bicycle lanes, paved shoulders, street lighting, storm drainage, utilities and appurtenances PROJECT COST: Preliminary Engineering $275,000 Right of Way Acquisition S370,000 Construction $1,770,000 TOTAL.......................................S2,415,000 FUNDING SOURCE (S): AIP, City of Kent, LID PROJECT JUSTIFICATION: Traffic studies have indicated that traffic demand will continue to increase on this section of 116`h Avenue This roadwy funnels east/west movement on Southeast 25e Street to the 272"d1277 Street Corridor. STP—Surface Transportation Program [Federal], (U)Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation improvement Account, TIB—Transportation Improvement Board, ALP - Arterial Improvement Program [State],LID—Local Improvement District 22 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT: Central Avenue Pavement Rehabilitation Willis Street(SR 516)to the Green River Bridge DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the roadway, between Willis Street (SR 516) and the Green River Bridge. This project will include the removal and replacement of the upper two inches of the existing pavement in the curb lanes in both directions, and a full-width asphalt concrete overlay of the entire roadway, and will also include the selective replacement of catch basin inlets, and driveway approach aprons, and curbs and gutters PROJECT COST: Preliminary Engineering .. . $20,000 Right of Way Acquisition .. $-0- Construction $366,000 TOTAL ..........................................S386,000 FUNDING SOURCE (S): STP (U), City of Kent PROJECT JUSTIFICATION: The existing paving along this section of Central Avenue is exhibiting signs of distress, as demonstrated by "alligatoring", longitudinal cracking, and cracking of the curbs and gutters The service life of this roadway has been reached, necessitating reconstruction of the pavement to extend the service life of the roadway, and prevent further pavement degradation STP—Surface Transportation Program [Federal], (U) Urban, (E)Enhancements, (C)Competitive, RES—Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State), TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, ALP-Arterial Improvement Program [State],LID—Local Improvement District 23 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: EAR: 2005 PROJECT: South 272nd Street Widening-Phase I Military Road to 20 Avenue South DESCRIPTION: Widen the intersection of South 272"d Street and Military Road to extend the existing left turn pockets on the west and north approaches and also add an 1100 foot right tum lane on the north approach The South 272nd Street I-5 undercrossmg will be excavated and the existing four lanes under the bridge widened to seven lanes. These lanes will include four general-purpose lanes, a two-way left turn lane, and two lanes held in reserve for Phase III of this project This project will also include the construction of paved shoulders, storm drainage, utilities and appurtenances PROJECT COST: Preliminary Engineering $1,100,000 Right of Way Acquisition $900,000- Construction . . . .... , $5,700,000 TOTAL .......................................$7,700,000 FUNDING SOURCE (S): STP (E), City of Kent, Federal Way, King County, Sound Transit, TPP PROJECT JUSTIFICATION: The traffic volumes along this section of South 272"d Street have reached the point where additional lanes are required to reduce congestion Additional lanes are also required under I-5 to reduce congestion The additional length of the right turn lane from Military Road will help prevent extensive backups in the southbound lane The project will also relieve congestion near the northside Park and Ride lot STP—Surface Transportation Program [Federal], (U) Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, ALP-Arterial Improvement Program [State],LID—Local Improvement District. 24 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT: Military Road Widening-Phase I 38`h Avenue South to South 2481h Street DESCRIPTION: Widen and re-channehze Military Road to provide an interim three-lane roadway, including two general-purpose travel lanes, and a two-way left turn lane. The project will include the construction of paving, street channelization, street lighting, utilities and appurtenances. PROJECT COST: Preliminary Engineering $55,000 Right of Way Acquisition . . $-0- Construction . $135,000 TOTAL ..........................................$190,000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Military Road has reached the point where a three-lane roadway section is required to accommodate through traffic and provide safe left turn access into the commercial center southwest of the National Guard facility. STP— Surface Transportation Program [Federal], (U) Urban, (E) Enhancements, (C)Competitive, HES— Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIR—Transportation Improvement Board, AIP-Arterial Improvement Program [State],LID—Local Improvement District 25 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT: 80th Avenue South Widening South 196th Street to South 188th Street DESCRIPTION: Widen 80th Avenue South from 196th Street to South 188th Street Add four to five lanes and general improvements. This will include four general-purpose lanes and a two-way left turn lane. The project will also include the construction of full-width paving, concrete curbs, gutters, sidewalks, street lighting, storm drainage, utilities and appurtenances PROJECT COST: Preliminary Engineering . .. . $130,000 Right of Way Acquisition.. $285,000 Construction . $515,000 TOTAL..........................................$930,000 FUNDING SOURCE (S): City of Kent, LID PROJECT JUSTIFICATION: The opening of 196h Street Corridor on the south end of the project and Renton's completion of Oaksdale Avenue will result in 80`h Avenue being a significant north/south corridor serving the industrial area As a result, the increased traffic volumes along this section of 80`h Avenue South could reach the point where a consistent five-lane roadway section is required to provide safe left turn access into the adjoining properties Further, concrete curbs, gutters, sidewalks, and street lighting are required to provide control of roadway drainage, to prevent impacts to adjacent property owners, and to provide safe access for pedestrians. STP—Surface Transportation Program [Federal], (U)Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination, FMS1B—Freight Mobility Strategic Investment Board [State], TM—Transportation Improvement Account, TIB—Transportation Improvement Board, ALP-Arterial Improvement Program [State],LID—Local Improvement District 26 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT: South 272nd Street Widening-Phase II 26th Avenue South to Pacific Highway South(SR 99) DESCRIPTION: Widen South 272nd Street to add one westbound left turn lane at the intersection of South 272nd Street and Pacific Highway South and left turn lanes at the Star Lake Road intersection If feasible, construction of curb, gutter, and sidewalks, street lighting, storm drainage facilities, utilities and appurtenances will be deferred until Phase III of the South 272nd Street Widening Project, PROJECT COST: Preliminary Engineering. $100,000 Right of Way Acquisition $50,000 Construction ........ .... ....... .... . ... $650,000 TOTAL ..........................................$800,000 FUNDING SOURCE (S): STP (E), City of Kent, TIB PROJECT JUSTIFICATION: Traffic volumes along this section of South 272nd Street have reached the point where widening and additional turn lanes are required to reduce congestion at the intersections and prevent backups between Pacific Highway and I-5. This project will coordinate with access to the site of the proposed southside Park and Ride lot and with City of Federal Way improvements west of Pacific Highway STP—Surface Transportation Program [Federal], (0 Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, AIP-Arterial Improvement Program [State],LID—Local Improvement District 27 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT: South 272nd Street Improvement - Phase III Military Road to Pacific Highway South and I-5 HOV Loop Ramp DESCRIPTION: Add two HOV Lanes from Military Road to Pacific Highway South (SR 99). An HOV loop-ramp from eastbound South 272nd Street to northbound I-5 will also be constructed Construction will include curb, gutter, sidewalks, street lighting, storm drainage facilities, utilities and appurtenances. PROJECT COST: Preliminary Engineering. ..$800,000 Right of Way Acquisition . . ..$500,000 Construction .. . .. ... ... $6,200,000 TOTAL .......................................$7,500,000 FUNDING SOURCE (S): STP (E), City of Kent, TIB PROJECT JUSTIFICATION: Traffic volumes between Pacific Highway South and Military Road have reached the point where improvements supporting HOV-added capacity are required to reduce congestion at the intersections and reduce backups approaching I-5 The HOV lanes will provide access to the northside Park and Ride lot and the site of the proposed southside Park and Ride lot. Adding HOV lanes and HOV access to I-5 supports various County and City of Federal Way transportation and transit improvement projects STP— Surface Transportation Program[Federal], (0 Urban, (E)Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, ALP- Arterial Improvement Program [State],LID—Local Improvement District. 28 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT: South 228th Street Corridor- Phase III 84`h Avenue South to Benson Road (SR 515) DESCRIPTION: Construct a new three to five-lane roadway from 841h Avenue to Benson Highway (SR 515), including a new bridge over SR 167, and modify the traffic signals at the intersection of South 224 h Street and 8e Avenue South The project will include the construction of full-width paving, concrete curbs, gutters, sidewalks, street lighting, storm drainage, bicycle lanes, landscaping,utilities and appurtenances PROJECT COST: Preliminary Engineering $1,500,000 Right of Way Acquisition $4,800,000 Construction $18,700,000 TOTAL .....................................$25,000,000 FUNDING SOURCE (S): TPP, King County, City of Kent, LID PROJECT JUSTIFICATION: The James Street and South 208`h/212`h Street `corridors' are infeasible to widen to accommodate forecast traffic volumes without additional east- west capacity, based upon existing development and topographic constraints Additional capacity is required to accommodate existing development in the East Hill area of the City STP—Surface Transportation Program [Federal], (U) Urban, (E)Enhancements, (C) Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TM—Transportation Improvement Account, TIB—Transportation Improvement Board, ALP -Arterial Improvement Program [State],LID—Local Improvement District 29 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: Willis Street(SR 516) Railroad Grade Separation Project Grade Separation Crossings at Union Pacific Railroad & Burlington Northern/Santa Fe Railroad DESCRIPTION: Construct grade separations of both the Burlington Northern Santa Fe Railroad's and Union Pacific Railroad's mainline tracks at Willis Street (SR 516). The project will provide more efficient movement of goods and services and will relieve congestion due to combined tram traffic on both the BNSFRR and UPRR of approximately 60 trains per day This results in an accumulated delay of more than 15 hours per day. The project will include the construction of under crossings, full-width paving, concrete curbs, gutters, sidewalks, street lighting, utilities and appurtenances PROJECT COST: Preliminary Engineering. .... . . $4,600,000 Right of Way Acquisition.. ... . .$4,600,000 Construction .. .. .$23,800,000 TOTAL .....................................$33,000,000 FUNDING SOURCE (S): City of Kent, FAST((Freight Action Strategy, for Everett-Seattle-Tacoma Corridor), FMSIB, Burlington Northern/Santa Fe Railroad and Union Pacific/Southern Pacific Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. More than 27,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight and passenger rail traffic on both the UP and BNSF Railroad mainlines is also increasing as a consequence of economic conditions in the Puget Sound area Grade separations provide the solution to the costly problem of congestion The RR crossings will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. STP— Surface Transportation Program [Federal], (bg Urban, (E) Enhancements, (C)Competitive, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board, AIP - Arterial Improvement Program [State],LID—Local Improvement District. 30 vy f 1 Iji 14 ---_ C- l j _ % t I a 12 a _ r L ' ��`1 � 9'� �'�°a'v - _ /ntezatet� 6 Valle 9 Mw —I 12 _BA e 1_ _ ,- JIP RvHl d J23 (_Z571 ZT T l a ca — '� I la"At - � �e�i• Fv - t •' .I I � �h�m� I � .�. _ PI- I - I � 11 a-T`ZZ 1 -- y r lyA•a , 41 J, r .� ,� I_1 _I• - -� rypl / I I a m a s m a l m s q a q a S N S N �• /A a o Moo 0 V toZ VI �/• m `m r7 z m im rr 'a o e rh i m S z n i' q R CD !•' M_ � O O q Kent City Council Meeting Date October 15, 2002 Category Public Hearings 1. SUBJECT: LID 352, SOUTH KENT STORM SEWERS, FINAL ASSESSMENT ROLL ORDINANCE—ADOPT 2. SUMMARY STATEMENT: As established by Council, this date has been set for the public hearing on the confirmation of the final assessment roll for LID 352 The City has determined that certain properties are specially benefited by the storm drain system and has proposed to proportionately assess these properties in accord with those special benefits. Because the proposed final assessment roll affects specific, individual property owners, the Council sits in a quasi-judicial capacity as a Board of Equalization for this matter. The Public Works Director will make a presentation, followed by a brief informational statement from the City Attorney before opening the hearing. 3. EXHIBITS: Ordinance 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: S SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember— econds to adopt Ordinance No.&A3which approves and confirms the final assessment roll on Local Improvement District 352 — South Kent Storm Sewers. DISCUSSION: • ACTION: qe/ Council Agenda Item No. 513 PUBLIC WORKS DEPARTMENT Don E Wickstrom,P E Public Works Director • KENT PFax 253-856-6500 WwSNINGTau Address 220 Fourth Avenue S Kent, WA 98032-5895 Date October 15, 2002 To May_o r and City Council From Don�Wickstorm, Public Works Director Regarding LID 352— South Kent Storm Sewers (1st, 3rd and 5th Avenues South, North of S 259th Street) Public hearing for confirmation of final assessment roll October 15, 2002 has been scheduled for the confirmation hearing on the final assessment roll for the above referenced project BACKGROUND The City received a petition for the installation of storm sewers in the vicinity of 3rd Avenue S. and S. 259th Street as shown by the LID boundary on the attached map Subsequently, all property owners within the project area were contacted and there was adequate support (65%) to proceed with the LID formation Historically, the south Kent area north of S 259th Street between the railroads has suffered from storm drainage problems The City pursued a project for a new outlet including a detention pond to serve this area The detention pond has been completed on City owned property on the north side of S 259th Street between 1st and 3rd Avenues A pump station and outlet pipe to the Green River is planned for the near future These improvements are being funded by the City at an estimated cost of $1,635,000 The LID requested by the property owners provides the conveyance system to drain their properties to the new outlet The Resolution of Intent No 1528 was approved by City Council on April 6, 1999 which set the LID formation hearing date for May 4, 1999 City Council passed Ordinance No 3452 on May 4, 1999 forming the LID and ordering the construction of the requested storm drain system Bids were opened for the construction on July 3, 2001 and the construction contract was awarded to Scarsella Brothers We are now ready to finalize the LID assessment roll LID 352—Storm Sewers Final Assessment Roll STORM DRAINAGE IMPROVEMENTS The project constructed a drainage system to convey stormwater to the City's detention pond adjacent to and south of the LID area The construction included 12" to 48"diameter storm drainage pipe including stubs to each property and related appurtenances at the following locations ON FROM TO 5th Avenue South approx. 1450 ft north of S 259th St approx 160 ft east 5th Avenue South approx. 1450 ft north of S 259th St approx 1250 ft south 3rd Avenue South approx 1430 ft north of S. 259th St approx 1240 ft south 3rd Avenue South approx 200 ft. north of S. 259th St approx 50 ft southeast to detention pond 1 st Avenue South approx 1440 ft north of S 259th St approx 1240 ft south 1st Avenue South approx 190 ft north of S 259th St approx 50 ft, southwest to detention pond Easement approx 870 ft north of S 259th St approx 800 ft east to on 5th Avenue South 3rd Avenue South Restoration was also included PROJECT FUNDING The LID cost was determined to be $777,590 21 However, portions of several properties within the service area were delineated wetlands and or wetlands buffer and are therefore not developable property The City is paying the share associated with the non-developable property This reduced the preliminary assessment to $685,615 17 Since the LID formation, several other properties have submitted and received approval for wetland delineations for wetlands and buffers not originally considered The final assessment roll was revised to take this new information into account Preliminary Final Assessment Assessment City Funded $91,975 04 $120,018 05 LID Assessment $685,615 17 $657,572 16 Total Cost $777,590 21 $777,590 21 There are no City owned properties within the LID and therefore no assessments to the City • LID 352—Storm Sewers Final Assessment Roll In addition to the $120,018.05 that the City is funding for the LID improvements, an additional estimated $1,635,000 is being funded by the City for necessary related improvements to complete the drainage system These improvements include the detention pond, which receives the drainage from the LID collection system. The pond stores and treats the drainage and reduces individual parcel onsite detention requirements by 50 percent The improvements also include a pump station and outfall to the Green River for final disposal of the drainage All of these improvements are necessary for the LID collection system to function The total City funding is estimated at$1,753,650 METHOD OF ASSESSMENT The assessment distribution is based on the developable square footage within each parcel All parcels are zoned M2 Limited Industrial and therefore have the same development potential PAYMENT OF ASSESSMENT Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a 30-day period in which any portion or all of the assessment can be paid without interest charges After the 30-day period, the balance is paid over a ten-year period wherein each year's payment is one-tenth of the principal plus interest on the unpaid balance The interest will be what the market dictates SPECIAL BENEFIT Special benefit with respect to LIDS is the enhanced value the property receives as a result of the LID improvements Further, the courts make a strong presumption that the City is correct with respect to the special benefit received As such, in order for adjustments to the assessment to occur, the property owner must provide factual evidence denoting otherwise With respect to this LID, the properties lie within an area that historically has suffered from storm drainage problems and flooding Previously, there was no collection system to serve the vicinity and the only discharge was to the Green River through a privately controlled shallow 12" outlet which was inadequate to service the area In addition, said outlet is blocked off during high river flows As a result for new developments to occur or existing ones to expand, they must do so without exacerbating the existing drainage/flooding conditions As such, to do so simply by providing an on-site storm water detention facility is not enough They must also provide an off-site outlet for their drainage waters The cost associated with providing such an outlet, which could include constructing a piped system to the river, is significant In some cases it could easily exceed a property owners perceived value of his/her property making the pronerty a liability instead of an asset In the case of the properties within this LID, my professional opinion as a licensed Civil Engineer with 33 years experience with this City, and having dealt over those years with hundreds of developments totally hundreds of millions of dollars, including those few within this LID area and having intimate knowledge of this area and its drainage issues, the drainage infrastructure costs associated with either the development of a parcel or the expansion of an existing development, makes most properties herein not feasible to develop Case in point is reflected in the attached letter from Sound Ventures Inc , a recent purchaser of property within the LID area The Key statement therein is "We probably would not have purchased the property if the City had not completed these storm water facilities" From my personal knowledge of this particular parcel, the off- site drainage infrastructure improvements that would have been required of this property in order for it LID 352—Storm Sewers Final Assessment Roll to be developed had not it been for this LID, would have easily costs over $100,000 or more Therefore, it is easily stated and the properties within this LID are special benefited to at least the amount of their respective assessment The owner's perceived market values of their respective is properties are at least preserved, and in some cases particularly undeveloped properties, make them marketable where they may not have been before. Similarly so with respect to the underdeveloped properties, it made the undeveloped portion thereof useable and therefore valuable. Finally, under ESA drainage and water quality requirements for the Puget Sound region, are changes and will become more stringent in the future Next year the City has to apply for it's National Pollution Discharge Elimination System permit (NPDES) That permit is issued by the State Department of Ecology and most likely given requirement thereof, will be that re-developments involving 5000 sq. ft of impervious surface will be subject to the same standards as new development, which means retrofitting the entire site As such, had it not been for the improvements of this LID, which provides a storm outlet to each individual parcel, they too would have been subject to the same requirement to provide offsite outlet improvements and thusly their property value would be seriously affected i LID 352—Storm Sewers Final Assessment Roll fl LO F-w W CA II I M W W ! q ° oow —� 'U'a'd S'N-a- ______b_____.0--____------w-__________ - C — -S 3AV 1Sl � W 'I N� -I i �J W wa OJ W~Z rgg�r I `ij * F1 g 5 W O 6 I LK LI � Ill lD I S 3AV @!S r w z -SQ l W I oz F w w m ¢ 1 0 y o �k m p,_ �o-- _-ro-__� ----- 'S 3AV HIG - � a o * � �J l UUI—UC—0000 WCu UO.4U I'll JUUIVu VL111UNrJ rrIA IYU. 9CU40C04CC r, U1 AA,) 1061I1 AVCMw,N C Sine too aellc%u= V+shington 93004 T W,61 1- (42:) 452-3422 �® Sound Ventures Inc. I October 3, 2002 Don Wickstrom By Fax: 253.856-6500 City of Kent And US Mail 220 4th Avenue South Kent, WA 98032 RE Tax Parcel# 000660-01116-02(LID 352 Account No 10) Tax Parcel# 000660-01117-01 (LID 352 Account No 2) Dear Don We recently purchased the above parcel from Jack Lynch This will confirm our conversation regarding the value of the LID 352, The installation of the storm conveyance system and the reduction of the on-site storage requirements to approximately one-half of what would have otherwise oe n required are of value to us We have no objection to the proposed assessment o $17,330 44 for Account No 2 and $0 for the wetland parcel Account No 10 We probably would not have purchased the property if the City had not complete these storm water facilities Sincere , I Dou la penb cl Pre id • K E N T October 9, 2002 W'e5n' IrvGTC John Weller PUBLIC WORKS Weller Company Don E Wickstrom, P E 2925 NE Glisan Street Director of Public Works Portland OR 97232 Phone 253-856-5500 LID 352 Fax 253-856-6500 RE Response Letter 220 Fourth Ave S Kent, WA 98032-5895 Dear Mr Weller We received your letter dated October 2, 2002 requesting additional information regarding Local Improvement District (LID) 352 The notice that you recently received was to inform you of the Confirmation Hearing before the Kent City Council for the Final LID Assessment Roll This hearing is scheduled for October 15, 2002 You stated in your letter that this was the only notice you received for the LID However, a review of our records shows that a Preliminary Assessment Notice was sent to you on February 5, 1999 Included in that letter was a project description, an explanation of the LID formation process, preliminary assessment amount and notice of an informal property owner meeting held on February 23, 1999 Additionally, our records show that on April 26, 1999 you called the City with questions related to the LID and, in response to your call, we sent you a letter containing additional information I have confirmed that none of our letters to you were returned as "undeliverable" The LID was initiated by the City of Kent at the request of the property owners who petitioned us to install storm sewers in the vicinity of 3rd Ave Sand S 2591h Street This area was prone to storm drainage problems Subsequently, all property owners within the project area were contacted and there was adequate support (65%) to proceed with the LID The assessment was prepared by the City of Kent and the amounts were based on the developable square footage within each parcel All parcels within the project area are zoned"M2 - Lnnnted Industrial" and therefore have the same developable potential As you requested in your letter, we have evaluated your property regarding special benefits that you will receive as a result of this project A review of aerial photos taken in 1999 and 2002 (see attached) clearly show that you have performed extensive development on your property We have been unable to verify that you were issued a permit to perform this work Please let us know as soon as possible what type of permission you received to perform this work so that we can determine what steps you will need to take to mitigate this situation Had you applied for a permit you would have been required, as a condition of developing, to provide on-site detention/treatment for 8% inches of stormwater In addition, you would have been required to construct an off-site outlet to the Green River for your drainage waters Because of this LID project, you would no longer be required to provide a new outfall to the Green River and you would only be required to provide on-site detention/treatment for 4%s inches of stormwater This results in an appreciable cost savings to property owners and in many cases has made undevelopable properties marketable For additional information I have attached a copy of the original LID notice sent on February 5, 1999 Hopefully this will answer any remaining questions you have concerning the LID. Sincerely, I Don Wickstrom, P E Public Works Director cc Brian Swanberg, Code Enforcement Officer �f tax k ' Y . T F;;? •.y t� -m a _ Y Y F.. gob t OEM , v —VI 4y 4 A d llfYF4 3 i 4�2�W 3 F '�t a ll i f ODOM 1 -- i a i yam" CITY OF ZQ�J�JS�J ZS White, Mayor rxvrcxn Public Works Engineering Department Telephone (253)859-3383 Don Wickstrom PE Director of Public Works Facsimile (253)859-3559 February 5, 1999 RE: PROPOSED LID— 1ST, 3RD & 5Tn AVENUES. (NORTH of S. 259TH ST.) Dear Property Owner The City of Kent proposes to form a Local Improvement District (LID) for the installation of storm drainage to service your property The first step in this process is an informal meeting with the affected property owners to discuss the project and answer any questions they may have about the project or its financing The City also wants to determine if there is property owner interest and support for the proposed project This letter also explains the project and LID process Historically, the south Kent area north of S 2591h Street between the railroads has suffered from storm drainage problems Currently there is no collection system and the only discharge is to the Green River and this outlet is inadequate to service the area In addition, the outlet doesn't work at all during high river flows This results in difficulties for developments and substantial on site detention requirements The City has pursued a project for the installation of a new outlet to the Green River The City now owns the property on the north side of S 2591h Street between I" and ) Ave The plan includes the installation of a storm water pump station on this property The pump station will allow maximizing the discharge to the river, as the pump will maintain maximum allowable discharge to the river even as the river level rises The Green River Management Agreement between local agencies limits the discharge to the river to 30 cubic feet per second and no discharge is allowed at very high river levels- A modeling analysis has shown that with these limitations there are periods of time that the quantity of drainage will exceed the pumping capacity Therefore, a storage facility is also planned along with the pump station on the City property to handle a portion of the excess water until it can be discharged and to improve water quality The project in addition to providing a discharge point for storm drainage also reduces the volume of on site detention required for each property With the proposed City detention pond, onsite detention volume will be reduced by fifty percent '_3141 A'.LAL F SOLTH / AEST %1 4S111AG101 9W`-SPA The pump station and storage facility is currently being planned Along with the pump station and detention pond, new storm drainage lines to service the local area could be installed to take advantage of the new outlet These lines will benefit the local properties serviced, therefore it is proposed that the funding be through the formation of a Local Improvement District It should be noted that in the past, a number of properties have signed no protest LID covenants for the installation of storm drains in anticipation of this storm drainage project Also, in the past, several property owners petitioned for the LID formation because of the drainage problems Since the necessary outlet will be available in the near future and previously property owners have indicated interest, the City proposes to form the storm drainage LID at this time. PROPERTY OWNER MEETING An informal property owner meeting is scheduled for Tuesday, February 23, 1999 at 10.00 a in The above referenced improvement project will be discussed and questions will be answered This meeting will be held at 10 00 a.m. in the City of Kent Engineering Conference Room 3, located on the second floor of the Centennial Center, 400 West Gowe Street. The 1998 King County tax records show you as the owner of property within the improvement area. The enclosed listing and map indicates the specific parcel or parcels If you are no longer the owner, please inform me as soon as possible QUESTIONNAIRE Following the property owner meeting and reading this letter, it is hoped that you will have a better understanding of the project and your estimated assessment With this information in hand, please complete the enclosed questionnaire regarding the project and LID formation and return it at the meeting or no later than February 16, 1999 Return the questionnaire even if you signed the petition The responses will be compiled and you will be notified of the results PROPOSED IMPROVEMENTS The proposed project is the construction of approximately 5,670 L F of storm dram pipes and 18 catch basins on lsi 3rd and 5"' Avenue South north of South 2591h Street As a part of this project the City would build a pump station and detention pond PROJECT FUNDING It is proposed that the conveyance storm lines will be funded 100% by the proposed Local Improvement District. The current cost estimate is $777,590 21 The budget estimate for the pump station and detention pond which the City would construct and pay for (100%) is $1,000,000.00 If the property owners support the project, an LID can be approved The City constructs the project, sells the LID bonds and then assesses the properties involved to pay off the bonds. Enclosed is a map showing the proposed LID assessment boundary and the assessment number . assigned to each parcel within the boundary. Also enclosed is a preliminary assessment listing for each of the parcels within the LID assessment boundary. FORMATION OF THE LID To defeat an LID proposal, there must be protest from property owners representing 60 percent or more of the proposed LID assessments In this case the total project cost for calculating protest percentage is $777,590 21 The 60 percent protest amount is $466,554.13 Should the protests received tally less than this amount, it will then be a Council decision whether or not to proceed with the formation ordinance for the proposed LID SUPPORT FOR LID The City has determined that owners with a combined 49 67 percent of the total LID assessments are at this time obligated to participate in this storm drainage improvement LID via executed no- protest covenants The final decision of whether or not to form the LID however will be made by the City Council Properties that have executed no protest covenants are assessment numbers 3, 5, 9, 11, 12, 13, 17 and 18 BASIC LID FORMATION STEPS The LID formation process consists of the following steps 1 Identification of project 2 City prepares estimate and preliminary assessment . 3 Property owner meeting with Engineering Department staff 4 Proposal submitted to Public Works Committee 5 City Council passes Resolution of Intent 6 Hearing date set by City Council 7 Hearing and assessment notices mailed by City Clerk 8 Public Hearing at City Council meeting 9 Protests received 10 Final approval of Ordinance (if sufficient protests are received and City Council decided to form the LID) 11. Construction of project 12 Final assessment hearing 13. Payment of assessments METHOD OF ASSESSMENTS The assessments are based on square footage and the costs are distributed to each property within the assessment boundary FINAL ASSESSMENT Following the construction of the project and determination of actual total project costs, a final assessment is calculated and a final assessment hearing is held At tins hearing, you may protest the amount of your assessment based on benefit (increase in property value) to your property derived from the project The assessment cannot exceed the benefit This requires the submittal of a before and after real estate appraisal To have a valid protest, the appraisal must show than the LID assessment is greater than the benefit provided by the LID PAYMENT OF ASSESSMENT Upon Council passing the ordinance confirming the final assessment roll, there is a 30-day penod in which any portion or all of the assessment can be paid without interest charges. After the 30-day period, the balance is paid over a ten-year period wherein each year's payment is one- tenth of the principal plus interest on the unpaid balance. The interest will be what the market dictates. EASEMENT AND RIGHT-OF-WAY ACQUISITION The construction of the project will not require easement or right-of-way acquisition PROJECT SCHEDULE TARGET DATE Property Owner Meeting February 23, 1999 Resolution(Approved by City Council) April 6, 1999 Public Hearing (During Council Meeting) May 4, 1999 Approve formation Ordinance (City Council) May 18, 1999 Project Design Phase Has been initiated Property Acquisition Completed Additional time may be required should significant protests be received during the formation process. Should you have any questions, please call me at(253) 859-3593 Sincerely, Joseph E Fielding Design Engineer NIF99008 Pmjw Number 84-3W8L � i p N W ZWZ w N6 yN W CLO � ow ; Z a o Oct N N 7 a 'a'd'S N•9 ------ --- - AV, 1St WO nyy w '7 -' I ® �E y W I r I l n CIF O L Oi i I I LL \ s 3AV oas ' r' 02 JQ 00 _ z� au~i � N U CL^J h • iY 1 ` T ® Q 11 m I Vj •S 3AV H1S z w Cl) Cn M O M O � CD 7 N O M to It CD O N O O O d' N N CD CA O CD O O M * V* M CA N <t It lD r n to LO N @ CO r O N CO O CO O LO N r O M r r 0) C ) r N O O r C ) (D N CO CO �' M M M N N O M to Cl) Ln r h V 7 M r M M r Ct M O CA N r�. CO O CO O = Q O Cn r LO N Cl O m M CO O c0 (O co O CA h to � ti M N CC) r t.- r N NI�T N N M 7 rIcT N I'- N n C() Q 69 64 69 4A 69 69 64 69 64 69 60> 69 64 tO V} 69 69 6% 69 69 O F- N O W F- z W Q = f. W tD W c I-- G � M Q N L1 C1 a Cl E C L L -EL N 2 LL p C rco U 1:� -= r CISF" to O a c N U m m m maaa Y C Z LL D C O W D N M CU L .' 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WHO INSTITUTED THE LID? WHO DID THE ASSESSMENT AND HOW WAS IT ARRIVED AT? MY FIRST OBJECTION IS THE WAY THAT THIS IS BEING HANDLED AS TO THE TIMING. RECEIPT OF A POSSIBLE ASSESSMENT NO BACK UP INFORMATION ON WHY THIS LID IS NECESSARY HOW WOULD MY LAND BENEFIT AS WE HAVE NO WATER PROBLEMS? I DO NEED ANSWERS TO THESE QUESTIONS WHERE YOU HAVE REQUESTED LOT, BLOCK AND ADDITION, SECTION, TAX NUMBER, I AM ENCLOSING A COPY OF "NOTICE OF HEARING" WHICH CONTAINS THAT INFORMATION THANK YOU VERY TRULY YOURS, 1 LLG� 1 JOHN WELLER LOCAL IMP DISTRICT NO 3TR CITY OF KENT AM'TOFASSESSMENT $7S , e0i SO 220 4th Ave South AMOUNT PAID • T Kent, WA 98032-5895 DATE KEN RECORDED OWNER AND ADDRESS DUPLICATE COPY(S)SENT TO F- JOHN H WELLER c92S N E GLISAN ST F'ORILAND OR 97232 L J L PROPERTY DESCRIPTION RUSSELL SW - DC #41 PEG 1511 65 FT W d 1179 79 FT S OF SE CDR WATERMANS AC TR TH S TO N MGN CO RD TH ELY ALG CO R7 TO W MGN 5 3RD AVE PROD S TH N ALG S❑ MGN TO PT E OF BEC TH W TO BEG ( 000660-0082-02 ` 0i OG6ri- 0082 Distribution White/Green City Clerk Canary Engineering Pink Customer Service Gold Customer FICSn '8 22'94 'I I ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No 352 for the construction of a storm sewer drainage system on 151, 3`d and 5d' Avenues South, north of South 2591h Street in south Kent, as provided by Ordinance No 3452, and levying and assessing a part of the cost and expense thereof against the several lots, tracts,parcels of land and other property as shown on the assessment roll WHEREAS, the assessment roll levying the special assessments against the property located in Local Improvement District No 352 in the city of Kent, Washington(the"City"), has been filed with the city clerk as provided by law, and WHEREAS, notice of the time and place of hearing thereon and making objections and protests to the roll was published at and for the time and in the manner provided by law fixing the time and place of hearing thereon for the 151' day of October, f 2002, at the hour of 7 00 p in , local time, in the council chambers in the city hall, Kent, j Washington, and further notice thereof was mailed by the city clerk to each property if owner shown on the roll; and V 1 LID 352— Confirmation of Final Assessment Roll WHEREAS, at the time and place fixed and designated in the notice the hearing was held, all written protests received were considered and all persons appearing I at the hearing who wished to be heard were heard, and the city council, sitting and acting i I I as a board of equalization for the purpose of considering the roll and the special benefits 1 I to be received by each lot, parcel and tract of land shown upon such roll, including the I increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, overruled all such protests, NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. The assessments and assessment roll of Local Improvement District No 352, which has been created and established for the purpose of constructing a storm sewer drainage system on l" 3rd and 5`1' Avenues South, north of South 259th Street in south Kent, as provided by Ordinance No 3452, as the same now stand shall be and the same are approved and confirmed in all things and respects in the total amount of$657,572 16 SECTION 2. Each of the lots, tracts, parcels of land and other property shown upon the assessment roll is determined and declared to be specially benefited by I'tlus improvement in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll There is levied and assessed against each lot, tract or parcel of land and other property appearing upon the roll the amount finally charged against the same thereon I SECTION 3. The assessment roll as approved and confirmed shall be filed with the finance division director of the city for collection and the finance division director is authorized and directed to publish notice as required by law stating that the 2 LID 352— Confirmation of Final Assessment Roll it roll is in her hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within 30 days from the date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in 10 equal annual installments The estimated interest rate is stated to be [6 2%] per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No 352. The first installment of assessments on the assessment roll shall become due and payable during the 30-day period succeeding the date one year after the date of first publication by the finance division director of notice that the assessment roll is in her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner If the whole or any portion of the assessment remains unpaid after the first 30-day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments of principal together with interest due on the unpaid balance, shall be collected Any installment not paid prior to expiration of the 30-day period during which such installment is due and payable shall thereupon become delinquent Each delinquent installment shall be subject, at the time of delinquency, to a charge of 9% penalty levied on both principal and interest due upon that installment, and all delinquent installments also shall be charged interest at the rate as determined above The collection of such delinquent installments shall be enforced in the manner provided by law SECTION 4. This ordinance shall take effect and be in force five (5) days from and after its passage and five (5) days following its publication as required by law JIM WHITE, MAYOR 3 LID 352 — Confirmation of Final Assessment Roll ATTEST I BRENDA JACOBER, CITY CLERK I APPROVED AS TO FORM SPECIAL COUNSEL AND BOND COUNSEL FOR THE CITY PASSED day of 2002 APPROVED day of 2002 PUBLISHED day of 12002 I I hereby certify that this is a true copy of Ordinance No passed by the city council of the city of Kent, Washington, and approved by the mayor i of the city of Kent as hereon indicated li (SEAL) BRENDA JACOBER, CITY CLERK II a� I, 4 LID 352— Confirmation of Final Assessment Roll CONSENT CALENDAR 6. City Council Action• / f n,� Councilmember yV moves, Councilmember (X� seconds to approve Consent Calendar Items A through'Of Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of October 1, 2002. 6B. Approval of Bills Approval of payment of the bills received through September 30 and paid on September 30 after auditing by the Operations Committee on October 1, 2002. Approval of checks issued for vouchers: Date Check Numbers Amount 9/30/02 Wire Transfers 1266-1274 $1,024,771.55 9/30/02 Prepays & 539025 1,971,007.32 9/30/02 Regular 539632 2,155,645.83 $5,151,424.70 Approval of checks issued for payroll for September 1 through September 15 and paid on September 20, 2002: Date Check Numbers Amount 9/20/02 Checks 263249-263544 $ 250,042.29 9/20/02 Advices 134769-135466 1,182,822.80 $1,432,865.09 Approval of checks issued for ayroll for September 16 through September 30 and paid on October 4, 2002: Date Check Numbers Amount 10/4/02 Checks 263545-263860 $ 248,697.99 10/4/02 Advices 135467-136217 1,117,425.36 $1,366,123.35 Council Agenda Item No. 6 A-B • KEN T SNINGT ON Kent, Washington W• October 1, 2002 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Councilmembers present: Clark, Epperly, Orr, Peterson, White, Woods, and Yingling. Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford, Fire Chief Schneider, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller, Parks, Recreation and Community Services Director Hodgson, and Employee Services Director Viseth. Approxi- mately 150 people were in attendance. (CFN-198 ) CHANGES TO THE AGENDA Consent Calendar Item J, Kingsley Glen Final Plat, was removed from the agenda. Continued Communications Items A, B and C regarding pool closure, golf course and crime, were added at the request of Mark Prothero, Bob O' Brien and Chuck Hchner. (CFN-198) PUBLIC COMMUNICATIONS Employee of the Month. Mayor White announced that Jim "Wally" Waltrip, Firefighter, Fire Station #73, has been chosen as October Employee of the Month. He noted that he consistently goes above and beyond the call of duty - not only as a professional firefighter but also as a counselor to many He said Jim maintains a positive outlook, attitude and associated mannerisms that are in line with the Kent Cares philosophy and participates in off-duty efforts such as Public Education (Firestoppers, CERT, and First-Aid) . Chief Schneider accepted the Employee of the Month plaque and expressed thanks on behalf of Firefighter Waltrip. (CFN-147) Fire Prevention Week. Mayor White read a proclamation noting that fire kills 3, 500 to 4, 000 people in the United States each year and that taking simple safety precautions, such as identifying and removing everyday home fire hazards, can prevent the ma]ority of home fires and home fire deaths . He proclaimed the week of October 6-12, 2002 as Fire Prevention Week in the City of Kent and called upon the residents of Kent to "Team Up for Fire Safety" by participating in fire prevention activities at home, work, and school and taking steps needed to keep their homes and families safe from fire. Lt . Pat Pawlak accepted the proclamation and encouraged citizens to check their smoke alarms, do a home hazard hunt, and develop an escape plan. (CFN-155) 1 Kent City Council Minutes October 1, 2002 PUBLIC COMMUNICATIONS Make a Difference Day. Mayor White read a proclamation noting that for the past seven years the City of Kent joined the millions of volunteers throughout the nation on the annual Make a Difference Day to improve the quality of the parks in Kent and proclaimed October 26, 2002 as Make a Difference Day in the City of Kent. He encouraged all citizens to recognize the importance of this observance by volunteering their time to help "Make a Difference" in the community. Parks Director Hodgson invited citizens to help at Clark Lake or the Green River Trail that day. (CFN-155) Introduction of Appointees . The Mayor introduced Joyce Drake, Roberto Gonzales and Ahmed Egal, his appointees and re-appointees to the Kent Diversity Advisory Board. (CFN-198) CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through P, with the exception of Item J, and including the correction to Item C. Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes Approval of the minutes of the regular Council meeting of September 17 , 2002 STREET VACATIONS (CONSENT CALENDAR - ITEM 6G) (CFN-102) Street Vacation, Thompson Street, Resolution Setting Public Hearing Date for November 5, 2002 . Passage of Resolution No 1628 setting the public hearing on the Thompson Street vacation petition for November 5, 2002 . (CONSENT CALENDAR - ITEM 6M) (CFN-102) Temperance Street Vacation. Adoption of Ordinance No. 3620 vacating a portion of Temperance Street lying east of 4th Avenue, as approved by Council without conditions on September 17, 2002 . 2 Kent City Council Minutes October 1, 2002 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6D) (CFN-146) Public Works & Improvement Projects Ordinance. Adoption of Ordinance No. 3618, amending section 3 . 70 . 050 of the Kent City Code to raise the minimum bid amount requiring Council authorization for public works contracts from $35, 000 to $50 , 000 . The State Legislature revised certain First Class City public works bid requirements by raising the maximum cost for allowing a First Class City' s own staff to make public works improvement from $35, 000 to $50, 000 . Traditionally, the City Council has paralleled this standard by requiring Council authorization only for public works contracts that exceed this contract amount . This proposed ordinance revises the Kent City Code to align with these bidding standards (CONSENT CALENDAR - ITEM 6F) (CFN-1084) King County Green River Natural Resources Area Lagoon Island Reforestation Grant Agreement. As recommended by the Public Works Committee, authorization for the Mayor to sign the Green River Natural Resources Area Lagoon Island Reforestation Grant Agreement, to direct staff to accept the grant funding ($10 , 000) along with establish- ing a budget for same, and to spend said monies on the project . (CONSENT CALENDAR - ITEM 6H) (CFN-164) Six Year Transportation Improvement Plan. Set October 15th as the Public Hearing date on the Six Year Transportation Improvement Program (2003-2008) , as recommended by the Public Works Committee . (CONSENT CALENDAR - ITEM 6I) (CFN-1038) Fernando Panlasigui Short Plat Water System Easement. Authorize the Mayor to convey a new easement with the revised language for an existing well on the city' s wetland mitigation site, as recommended by the Public Works Committee. The revised language shall conform to the Seattle/King County Health Department ' s standards and shall be subject to concurrence by the Public Works Director. 3 Kent City Council Minutes October 1, 2002 PUBLIC WORKS (OTHER BUSINESS - ITEM 7A) (CFN-1038) King County Sewer Utility Easement. The Public Works Committee has recommended that the Mayor be authorized to convey a Sewer Utility Easement to King County for their South Interceptor Parallel, Phase III project, over, upon, and under city property located in the vicinity of 80th Avenue South and 80th Place South. CLARK MOVED to authorize the Mayor to convey a Sewer Utility Easement to King County for their South Interceptor Parallel, Phase III project . Woods seconded and the motion carried. LID 353 (CONSENT CALENDAR - ITEM 6K) (CFN-1269) LID 353, S 228th Street Corridor, Formation Ordinance. Adoption of Ordinance No. 3619, ordering the construction of the South 228th Street extension, establishing Local Improvement District ( "LID" ) 353 , and providing for the issuance and sale of LID warrants . LID 354 (PUBLIC HEARINGS - ITEM SA) (CFN-1241) LID 354, Meeker Street Widening and Washington Avenue HOV Lanes. This date has been set for the public hearing on confirmation of the final assessment roll for LID 354 . The City has determined that certain properties are specially benefited by these road improvements and has proposed to proportionately assess these properties in accord with those special benefits . Because the proposed final assessment roll affects specific, individual property owners, the Council sits in a quasi-judicial capacity as a board of equalization for the matter Public Works Director Wickstrom explained the history of the project and displayed a map of the area. He ex- plained the cost and outlined the improvements which were made . He then explained the method of assessment, the method of payment, and benefits of the project . Wickstrom added that 69% of the LID are encumbered with agreements to either build their frontage improvements as part of their developments or support this LID, and pointed out that the improvements were part of the development . He also noted that a protest has been received from Burger King, and that it is related to 4 Kent City Council Minutes October 1, 2002 LID 354 traffic, the loss of business and construction, rather than to the assessment . Upon Peterson' s question, Brubaker explained that a property owner could file a claim against the City for loss of business income, however they typically would not be compensated for that kind of loss . WOODS MOVED to make Wickstrom' s memo a part of the record. Orr seconded and the motion carried. WOODS MOVED to make the letter from Burger King part of the record. Epperly seconded and the motion carried. After the City Attorney explained the quasi-]udicial process and Council members noted that they have had no discussions with any property owners affected by this LID, Mayor White opened the public hearing . Brian Park, 13906 SW. 216th, Vashon Island, representing two ad3acent property owners, Park Court Apartments and Green River Court Apartment, Assessments 25 and 26 , said the LID is not viewed as an enhancement of value by Green River Court Apartments . He submitted and explained a traffic impact analysis and trip generation study, and stated that the impacts of these affordable senior housing projects are minimal He said he does not con- sider the assessments fair and urged the Council to reduce them There were no further comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. WOODS MOVED to make Mr. Park' s study a part of the record. Orr seconded and the motion carried. CLARK MOVED to adopt Ordinance No. 3616 confirming the final assessment roll for LID 354 Woods seconded. Upon questions from Council members, Wickstrom explained that the assessments are based on square footage of the pro- perty rather than on trip generation, and that the properties Mr. Park is referring to had a commitment to make the frontage improvement in conDunction with the development . He noted that giving up property for the right-of-way without compensation was part of Green River Court Apartments ' development . Mr Park emphasized that his concern is with the fairness of the assessments, and 5 Kent City Council Minutes October 1, 2002 LID 354 asked how the amounts were determined. Wickstrom explained the three levels of assessments and what the property owner is being assessed for. He noted that the property owner would have had to pay much more if he ' d made the improvements himself . Yingling opined that trip generation should be a part of the calculation, but Wickstrom said the issue is zoning. The City Attorney explained that 15 days after the effective date of the ordinance, an appeal could be filed to Superior Court . Epperly spoke in opposition, noting that the housing complex' s assessments are similar to the retail establishment ' s assessment, but that the housing complexes do not benefit from the improvements. White opined that the fact that these properties do not have access to Meeker Street should be taken into account . Peterson and Woods agreed that the issue is fairness and that the method of assessment used is fair. Wickstrom answered questions regarding access, Brubaker explained possible actions, and Clark withdrew his motion in order to allow a motion regarding other alternatives WOODS MOVED to adopt Ordinance No. 3616 confirming the final assessment roll . Clark seconded and the motion carried 5-2 with White and Epperly opposed. BUILDING CODE (CONSENT CALENDAR - ITEM 6P) (CFN-205) Building Code Appeals Amendment Ordinance. Adoption of Ordinance No. 3622 , that amends section 14 . 01 . 080 of the Kent City Code, regarding appeals of building code decisions to provide for a limitation period on filing an appeal and criteria for whom may file an appeal . PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6N) (CFN-118) Cingular Wireless Cell Tower at Lake Fenwick Lease. Authorization for the Mayor to enter into an agreement with Cingular Wireless to lease property for cellular antennas atop poles at West Fenwick Park for a compensa- tion of $1, 250 . 00 per month, which would go into the light pole replacement budget, based upon review and approval by the Legal Department and the Parks Director. 6 Kent City Council Minutes October 1, 2002 PARKS, RECREATION AND COMMUNITY SERVICES Cingular Wireless proposes to lease approximately 216 square feet (18' X 12 ' ) from the Parks department adja- cent to an existing Puget Sound Energy (PSE) utility pole. Pending approval from PSE, Cingular would replace the 40 ft existing PSE utility pole with a 90 ft pole and attach antennas atop the new pole. (OTHER BUSINESS - ITEM 7B) (CFN-118) Van Doren' s Park Deed Conveyance. The Parks, Recreation and Community Services Director has recommended adoption of a resolution to accept the deed for 84% of Van Doren' s Park from the Washington State Parks and Recreation Commission. Since 1984, the City of Kent has developed and maintained Van Doren' s Park under an interagency agreement for a forty year term. Lori Flemm of the Parks Department explained the history of this issue. WOODS MOVED to adopt Resolution No 1629 to accept the deed for 84% of Van Doren' s Park from the Washington State Parks and Recreation Commission. Peterson seconded and the motion carried (OTHER BUSINESS - ITEM 7C) (CFN-118) Old Fishing Hole Deed Conveyance. The Parks, Recreation and Community Services Director has recommended adoption of a resolution to accept the deed for 100% of the Old Fishing Hole from the Washington State Parks and Recreation Commission. Since 1984, the City of Kent has developed and maintained the Old Fishing Hole under an interagency agreement for a forty year term. Lori Flemm of the Parks Department explained the history of this issue WOODS MOVED to adopt Resolution No 1630 to accept the deed for 100% of the Old Fishing Hole from the Washington State Parks and Recreation Commission. Orr seconded and the motion carried. (BIDS - ITEM 8A) (CFN-1199) Re-Sid Employee Services Tenant Improvements . The bid opening for this project was held on September 20, 2002 , with seven (7) bids received The low bid was submitted by Mayer Construction in the amount of $136, 808 . 00 . The Engineer' s estimate was $140 , 000 00 7 Kent City Council Minutes October 1, 2002 PARKS, RECREATION AND COMMUNITY SERVICES The Parks Director recommends awarding the Employee Services Tenant Improvement project to Mayer Construction for $136, 808 . 00, plus Washington State Sales Tax. Parks Director Hodgson noted that this project is part of the seismic improvements. WOODS MOVED that the Employee Services Tenant Improvement project be awarded to Mayer Construction for the bid amount of $136, 808 . 00, plus WSST. Clark seconded and the motion carried. POLICE (CONSENT CALENDAR - ITEM 60) (CFN-122) Adoption of RCWs By Reference. Adoption of Ordinance No 3621, that repeals the current criminal code and adopts a new criminal code, which adopts by reference all misdemeanor and gross misdemeanor sections of the Revised Code of Washington. State law requires municipalities to enforce all misde- meanor and gross misdemeanor violations of criminal law that occur within the limits of a municipality. Section 35A. 12 . 140 of the Revised Code of Washington ( "RCW" ) permits the City to adopt by reference sections of the RCW. The City already adopts numerous RCW sections, however, many other state statutes relating to criminal conduct are not adopted in the current criminal code and are, therefore, unenforceable. Replacing the current criminal code with a simplified criminal code that incorporates all RCW criminal code sections by reference would benefit police officers, prosecutors, and court staff . FINANCE (CONSENT CALENDAR - ITEM 6E) (CFN-104) U.S. Bank Contract Extension. Authorization to extend the current contract with U. S . Bank another two years . After responding to the city' s Request for Proposal (RFP) in 1997, U.S . Bank was awarded the contract to provide the City' s banking and safekeeping services . In September of that year, a five-year contract was signed with U. S . Bank. That contract allowed for two-year extensions, upon mutual agreement by both parties. The pricing is negotiable at the time of each extension 8 Kent City Council Minutes October 1, 2002 FINANCE The initial five-year term of the contract expired on September 1, 2002 . A meeting was held with the city' s government banking representative to discuss the pricing for a two-year extension With the exception of five items, the bank has agreed to leave the pricing as is_ Effective January 1 , 2003 , the pricing change for those items will result in an increase of slightly less than 1%, approximately $110 per month (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills . Approval of payment of the bills received through September 15, 2002 and paid on September 16, 2002 after auditing by the Operations Committee on September 17, 2002 Approval of checks issued for vouchers : Date Check Numbers Amount 09/16/02 Wire Transfers 1256-1265 $1, 156, 267 .26 09/16/02 Prepays & 538430 442 , 134 . 07 09/16/02 Regular 539024 1, 757, 521 46 $3, 355, 922 79 Approval of checks issued for payroll for August 16 , 2002 through August 31, 2002 and paid on September 5, 2002 . Date Check Numbers Amount 09/05/02 Checks 262923-263248 $ 287, 172 . 89 09/05/02 Advices 134009-134768 1, 128 , 603 47 $1, 145, 776 . 36 APPOINTMENTS (CONSENT CALENDAR - ITEM 6L) (CFN-1127) Appointment/Re-Appointments to Kent Diversity Advisory Board. Confirmation of the Mayor' s appointment of Ms . Joyce Drake to serve as a member of the Kent Diversity Advisory Board. She will replace Ms . Moon Bang and her term will continue until 9/30/2003 Confirmation of the re-appointment of Mr. Roberto Gonzales and Mr. Ahmed Egal to continue as Board members. Their new terms will continue until September 30 ,2005 . 9 Kent City Council Minutes October 1, 2002 COUNCIL (CONSENT CALENDAR - ITEM 6C) (CFN-198) Independent Salary Conmtission ordinance. Adoption of Ordinance No. 3617, establishing an independent salary commission to annually review and establish the salaries of City elected officials . The City Attorney clarified that a revised ordinance has been distributed to them which removes two repealed subsections Chapters 2 . 01 . 030 and 2 . 02 . 030, which were inadvertently included. He noted that this has no impact on the agenda item itself . The state Legislature recently passed HB 1084, which expressly authorizes cities to create independent salary commissions to set elected officials, salaries. REPORTS Public Safety Committee. Epperly noted that the next meeting will be on October 8 at 5 . 00 p .m. (CFN-198) Public Works . Clark noted that the next meeting will be on October 7 at 5 : 00 p.m. (CFN-198) Planning Coumnittee. Orr noted that the next meeting will be on October 15 at 3 : 00 p.m (CFN-198) Parks Committee. Woods noted that the next meeting will be on October 8 at 4 : 00 p.m. (CFN-198) Administrative Reports. Martin announced that an Execute Session is not necessary. He also noted that an audit focusing on internal controls, Kent Station, and the golf course has just been completed and the auditor found the books clean for the third year in a row (CFN-198) KENT POOL (CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-198) Kent Pool . Mark Prothero, 12928 SE 246th, swim coach at Kentwood High School , gave the following reasons to keep the Kent Pool open: swimming lessons, which reduces the number of drownings, life guard classes are available, senior citizens stay healthy by swimming, post-surgery patients swim to regain health and strength, aquarobics, family fun, exercise for those with disabilities, and training for competition. He said the Kent Pool is a 10 Kent City Council Minutes October 1 , 2002 KENT POOL vital asset to the community and urged the City to work with King County to save the pool . Comments were then made by the following citizens : Adrienne Lindblad, 26321 97th Avenue South Mark Vermilion, 22606 97th Avenue South Marlee Prothero, 12918 SE 246th Mackenzie Deutschendorf, 23022 SE 290th, Black Diamond Cindy Marshall , 13709 SE 253rd St . Marcia McCarthy, 14421 SE 270th Shellann Charles Buzzell, 18342 SE 259th Ct . Greg Vermilion, 26818 118" Ct SE Julie Mitchell, 20024 3rd Place SW, Normandy Park Diane Whiteley, 21108 126th Avenue SE Debbie Ranniger, 14606 SE 244th Ryder Farrell Desiree Butts, 25908 179th P1 . SE, Covington Dr. Dan Ranniger, 14606 SE 244th Nancy Bruce, Normandy Park Ron Harmen, P. 0. Box 1384 , Kent Robert Corcoran, 23211 127th Avenue SE Jody Mayer, 20516 120th Avenue SE Pauline Bigelow, 25702 119th Avenue SE Jack Woodworth, 615 N. Jason Islama Rasheed, 29620 188th Avenue SE Megan Woodworth 615 N. Jason Ron Berg, 10122 SE 268th St Kyle Corcoran, 23211 127th Avenue SE Sarah Wallen, 25418 162nd Place SE Danielle Marshall, 13709 SE 253 St . Bob O 'Brien, 1131 Seattle Street The issues and suggestions the speakers mentioned included putting pressure on King County to meet their obligations, using City staff to handle the pools, forming committees to assist the City, involving the school district , and joining forces with neighboring cities . One stated that swimming keeps people off drugs and reduces crime. Several said that swimming is some times the only way students can get a scholarship to attend college . Others endorsed the health benefits of 11 Kent City Council Minutes October 1, 2002 KENT POOL swimming and some opined that it is the City' s responsi- bility to pay for the pool . All wanted the pool to remain open. Mayor White thanked those who spoke, and Martin pointed out that the Kent Pool is not the City' s pool to close. He said the City will continue to meet with King County, but emphasized that the City cannot take over the County' s responsibility. He pointed out that this is the most difficult budget the City has faced for many years, that it includes $6-7 million in reductions, and that services such as pools and human services, which were once provided by other ]urisdictions, now compete for funds in the budget . Mayor White asked the City Attorney to check into the legal ramifications of King County not living up to their obligations under Forward Thrust, and what legal alternatives are available to the City. The Mayor and Council members expressed appreciation for the input on this issue, urged citizens to contact their County Council members, and noted that staff will attend future meetings on this subject . GOLF COURSE (CONTINUED COMMUNICATIONS - ITEM 11B) Golf Course. Robert O' Brien, 1131 Seattle St . deferred his remarks on the golf course to the next Council meeting. CRIME (CONTINUED COMMUNICATIONS - ITEM 11C) Crime. Chuck Hohner, owner of Jewelry by Hohner on Central Avenue, said crime has increased substantially in the area, and that he has been assaulted and burglarized 18 times over the past two years . He said crime seems to follow low income housing and large apartment complexes, and suggested instituting a no tolerance policy at those places. The Mayor asked the City Attorney to look into such a policy. Peterson, Woods and Orr suggested training complex managers to police their residents and sharing information between complexes It was agreed that this issue would be heard at a future Public Safety Committee meeting. 12 October 1, 2002 Kent City Council Minutes WOODS MOVED to adjourn at 9: 33 p•m. Orr seconded and the ADJOURNMENT motion carried �V Brenda Jacober, CMC City Clerk 0 13 Kent City Council Meeting Date October 15, 2002 Category Consent Calendar 1 SUBJECT: LODGING TAX ADVISORY BOARD MEMBER—CONFIRM 2. SUMMARY STATEMENT: Confirmation of Renee Huseby Director of Sales, Marriott Town Place Suites, as a member of the Lodging Tax Advisory Board. 3. EXHIBITS• None 4 RECOMMENDED BY: Lodging Tax Advisory Board (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. 6C Kent City Council Meeting Date October 15, 2002 Category Consent Calendar I. SUBJECT: POLICE SOFTWARE SYSTEM CONTRACT—APPROVE 2 SUMMARY STATEMENT: Authorization for the Mayor to sign a contract with Tiburon, Inc. for the purchase of a police records management system and services, subject to Information Technology Director's approval and City Attorney approval of contract documents. A key focus of Technology Plan 2002 is an investment in public safety technology The primary focus of this technology investment is the replacement and enhancement of the Police Records Management System. This project is funded from the Technology Plan 2002 budget. The current police system was originally installed in 1987. Vendor ownership has changed a number of times and currently only a portion of the system, police records, is supported by The City of West Covina, CA The jail management system is not supported by any vendor at this time. Key benefits provided by the new system include- A vendor with a large install base and commitment to public safety software; sharing common information between application subsystems; passing information from one subsystem to the other for report completion and data entry, a field reporting application that allows reports to be imported into the primary records management system without additional data entry; tools to enhance the city's ability to participate in information sharing activities with other agencies. 3. EXHIBITS: Operations Committee memo 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $1,319,000 SOURCE OF FUNDS: Technology Plan 2002 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION: Council Agenda Item No. 6D INFORMATION TECHNOLOGY DEPARTMENT Marty Mulholland,Director Phone 253-856-4600 Fax 253-856-4700 KENT W A$X I N 6 T O N Address 220 Fourth Avenue S Kent,WA 99032-5895 Memorandum DATE September 24, 2002 TO Council Operations Committee THROUGH Jim White, Mayor FROM Stan Waldrop, Systems Division Manager CC Marty Mulholland, IT Director RE Police System Purchase Recommendation Background A key focus of Technology Plan 2002 is an investment in Public Safety technology The primary focus of this technology investment is the replacement and enhancement of the Police Records Management System This project is funded from the Technology Plan 2002 budget The current Police System consists of two primary applications Police Records Management System (RMS) and Jail Management System(JMS) These systems were originally installed in 1987 Both RMS and JMS software have changed ownership a number of titres Currently, RMS is supported by The City of West Covina,CA JMS is not supported by any vendor at this time. The primary issues surrounding the current system include • No vendor support for JMS and questionable support for RMS City of West Covina recently lost personnel that directly support the RMS application and the current application user group is researching alternatives to their current system • RMS and JMS do not share common information People who have been arrested and booked into the jail are maintained as totally separate records with no link between the systems • Duplicate data entry Because there is no link between the systems, arrest and booking record is entered separately with neither able to draw information that was previously entered by the other • No field reporting capabilities All reports created by a patrol officer are retyped by records personnel into the RMS • Applications not positioned to move the City's Police Agency forward The limited support and lack of development by the current vendor has limited the Police Department's ability to effectively participate in information sharing arrangements and take advantage of currently available technology Because of the number and scope of the projects undertaken in Technology Plan I it was determined that the Police System project would be included in Technology Plan 2002 However the planning and procurement process was begun during the latter stages of Technology Plan I Memorandum September 24,2002 Page 2 Process The selection process began in May 2001 by conducting focus group sessions with Police Department personnel from every division to review and verify system requirements Personnel were identified from these focus groups to act as representatives from each group to participate in the evaluation and selection process to ensure each division was adequately represented The Selection Committee was overseen by the Police Technology Governance Committee The Governance Commtttee is made up of the Police Department Command Staff and an Information Technology representative These personnel participating in this project are identified in Attachment 1,Police System Project Team. Based on the requirements identified by the focus groups, a Request for Proposal (RFP) was developed and released in August 2001 The City distributed over 20 RFPs to Police System vendors throughout the US and received 9 responses After evaluating each proposal, the Selection Commmttee determined that three proposals,MASI,Pnntrak, and Tiburon, Inc , merited vendor product demonstrations and subsequently scheduled the demonstrations Each vendor was scheduled for two days of product demonstrations during November and December 2001 After the product demonstrations and checking vendor references it was determined that Tiburon Inc, was the best selection to move to the next phase of site visits A small number of Selection Committee members visited three sites currently using the Tiburon applications proposed for the City and reported back to the entire Selection Committee In February 2002,the Selection Committee recommended Tiburon as the preferred vendor to the Governance Committee and the Governance Committee subsequently approved Tiburon for contract negotiations to begin in March 2002 Benefits of the Police System • A vendor with a large install base and comrmtment to Public Safety Software • All major applications share common information and allow passing information from one subsystem to the other for report completion and data entry. • A field reporting application that not only allows reports to be imported into the primary RMS but provides a mechanism for electronic review and revision prior to the report being finalized, • Tiburon is committed to staying current with technology In that light,Tiburon has begun migrating their applications to a web-based platform The current release provides almost all query capabilities through this web interface and future releases will incorporate more processing functionality into the web interface, • The Tiburon applications operate on industry standard database platforms and offer tools to enhance the City's ability to participate in information sharing activities with other agencies Memorandum September 24, 2002 Page 3 Project Costs The item presented at this time is the Tiburon, Inc contract in the amount of$1,319,000 The Police System project was included in Technology Plan 2002 with a budget of$2 9 million The Tiburon contract is one piece of the total Police System project The current estimated project costs are given below Police System Contract to be Approved with this Council Action Tiburon, Inc Contract $1,319,600 Includes Police Records Management System,Jail Management System, Field Reporting, and interfaces to document imaging, fingerprint identification, and dispatch systems This figure also includes the first year software maintenance costs and data conversion costs Police System Project Estimated Costs (to be brought forward in the future as a ro riate) Hardware to be acquired by the City $401,000 Infrastructure Software & Maintenance Services $322,000 Technical Services (Report Writing. GIS Integration) $200.000 Interfaces $109,000 Police Backfill & Overtime $200,000 City Project Related Travel Expenses $50,000 Contingency $257,000 Total Estimated Project Costs $2,858,000 The items other than the Tiburon contract will be procured from other sources and will be presented to the Council at that time for approval Motion: To approve this project and to authorize the Mayor to sign a contract with Tiburon, Inc for the purchase of a Police Records Management System and Services, subject to IT Director's approval and City Attorney approval of contract documents ATTACHMENT 1 POLICE SYSTEM PROJECT TEAM Police Technology Governance Committee Chief Ed Crawford, Executive Sponsor Deputy Chief Chuck Miller Captain Jim Miller, Corrections Captain Mike Painter,Patrol Captain Lorna Rufner, Support Services Stan Waldrop, Systems Division Manager Police System Selection Committee Representatives Lt. Curt Lutz, Corrections Sgt Manual Martinez, Corrections Sgt Joe Gagner, Patrol Officer Kevin Eades, Patrol Officer Ben Krauss, Patrol Dave Santos, Records Manager Kevin Axelson,Records Supervisor Marla Platt, Records Debra Leroy, Administration Nancy Mathews, Drunk Driver Task Force Sgt A] Emerson, Community Education Sgt Mark Gustafson, Investigation Det Doug Garrett, Investigation Det Marvin Wilson, Investigation Eric Tomlinson, Lead Arson Investigator(Fire) Kathleen Studer, Prosecution (Legal) Lynne Jacobs,Municipal Court ATTACHMENT 2 TIBURON CONTRACT DOCUMENTS SYSTEM IMPLEMENTATION AGREEMENT This System Implementation Agreement (this "Agreement") is entered into this October 31, 2002(the "Effective Date"), by and between the City of Kent, with its principal place of business at 220 41h Ave S , Kent, Washington 98032 (the "City") and Tiburon, Inc , a Virginia corporation having its primary place of business at 39350 Civic Center Drive, Suite 100, Fremont, California 94538 ('Tiburon") RECITALS WHEREAS, the City has determined that is desires to purchase Tiburon's Police Records Management System, Corrections Management System, and Automated Field Reporting System products, and WHEREAS, Tiburon is qualified to provide the services specified in this Agreement and, subject to the terms and conditions set forth in this Agreement, Tiburon desires to provide such services, NOW THEREFORE, in consideration of the mutual covenants contained herein,the City and Tiburon hereby agree as follows AGREEMENT 1 Scope of Work Tiburon shall provide all design, development, installation, consulting, system integration, project management, training and technical services set forth in the Statement of Work attached hereto as Exhibit land incorporated herein by this reference (the "Statement of Work") in connection with the delivery and implementatior of the System(s) 2. Term of Agreement 2 1.All of the rights and obligations established in this Agreement, including those set forth in the document titled "Exhibit A — Common Terms and Conditions Between The City of Kent and Tiburon, Inc" and incorporated herein by reference, will commence on its effective date 2.2.The schedule for the implementation of the System shall initially be governed by the project schedule attached hereto as Exhibit 2 and incorporated herein by this reference (the "Initial Project Schedule") The Initial Project Schedule shall be replaced by a definitive project schedule to be mutually agreed upon between the parties and to be delivered hereunder in accordance with the Statement of Work (the "Project Schedule") When delivered and accepted by the City, the Project Schedule shall be incorporated herein by this reference and shall become part of this Agreement 2.3.Unless earlier terminated as provided for in Section _ (Termination) hereof, this Agreement will remain in effect from the Effective Date until all tasks set forth in the Statement of Work have been fully completed and all amounts payable hereunder have been paid in full 3. Contract Price The City shall pay to Tiburon the total amount of (FILL IN) DOLLARS AND (FILL-IN) CENTS ($FILL IN 00) (the "Contract Price") in consideration for the licensing, delivery and implementation of the System in accordance with the Statement of Work The City hereby represents and warrants that it has duly appropriated or otherwise set aside funds in an amount at least equal to the Contract Price to satisfy its payment obligations hereunder Page 1 of 9 Version 08188202 Kentfriburon System Implementation Agreement 4, Payments 4A.The City shall make payments to Tiburon (the "Milestone Payments") in accordance with the Milestone Payment Schedule attached hereto as Exhibit 3 and incorporated herein by this reference (the "Milestone Payment Schedule"). Payments are contingent upon Tiburon satisfying the milestone completion criteria set forth in the Statement of Work, attached hereto as Exhibit 1 Payments made in accordance with contract terms shall fully compensate Tiburon for all risk, loss, damages, or expense of whatever nature pertaining to its performance under this contract 4.2.Tiburon shall prepare and submit invoices for payment by the City under this Agreement Invoices for payments hereunder shall be submitted to the following address: City of Kent Attention- Pam Gettman 220 4`h Ave. S Kent, Washington 98032 Each invoice shall state the portion of the total amount billed that is allocated to services performed by Tiburon, as opposed to hardware, goods, license fees, et cetera All payments shall be made within thirty (30) days from the date of invoice by electronic funds transfer to Tiburon's account specified in writing, or by check made payable to "Tiburon, Inc " and delivered to 39350 Civic Center Drive, Suite 100, Fremont, California 94538, or by such other means as may be mutually acceptable to the parties 4,3.Certain materials to be delivered by Tiburon under this Agreement shall be received by Tiburon and will remain in Tiburon's possession at its development facility for programming and system integration work by Tiburon prior to delivery to the City Payment for such materials shall be due and payable by the City upon receipt at the Tiburon development facility, subject to the following (a) The amount to be paid by the City for such deliverable goods shall be based on the specified price assigned thereto in the Pricing Summary attached hereto as Exhibit 4 and incorporated herein by this reference (the "Pricing Summary") (b) Tiburon will notify the City in writing of the receipt of such deliverable goods at a Tiburon development facility Within five (5) business days of such notice of delivery,the City shall verify the delivery of goods by either (I) acceptance of Tiburon's certification of goods received and receipt of a copy of the packing list(s), or (ii) a physical on-site inspection at the City's expense The City's failure to verify the goods within such 5-day period shall waive the City's right to object to or reject such goods 4 4 The prices set forth herein do not include any federal, state or local excise, or lease taxes now in force or which may be enacted in the future, all such amounts being the sole and independent responsibility of the City for direct payment to such taxing authority. The prices are inclusive of any gross income or similar taxes and any amount of withholding taxes, Social Security, insurance, and unemployment insurance with respect to Tiburon employees 4.5.Failure to pay any amount owing hereunder when such amount is due shall constitute a material default under this Agreement and could result in the termination of this Agreement However, the City and Tiburon shall exhaust all methods to resolve this issue, including, but not limited to, the Informal Dispute Resolution process set forth in Exhibit A to this Agreement before any action is taken to declare the City in default Page 2 of 9 Version 08168202 Kent/Tiburon System Implementation Agreement 5. City Responsibilities The City agrees to provide those services and facilities necessary for the completion of this project which are set forth as the Citys obligations or responsibilities (the "City Responsibilities") in the Statement of Work The City acknowledges that the dates set forth in the Project Schedule for completion of the services to be provided by Tiburon under this Agreement depend, in part, upon the timely fulfillment of the City Responsibilities Tiburon shall not be responsible for any delays in the Project Schedule directly and primarily caused by the City's failure to perform the City Responsibilities The City's failure to perform the City Responsibilities in accordance with the Project Schedule shall constitute a material default under the Agreement The City shall respond within ten (10) business days to any written request submitted by Tiburon for information, clarification or approval of any designs, specifications, documents, or proposed change orders or amendments The City s failure to respond within this 10-day response period may constitute a material default under this Agreement However, the City and Tiburon shall exhaust all methods to resolve this issue, including, but not limited to, the Informal Dispute Resolution process set forth in Exhibit A to this Agreement before any action is taken to declare the City in default 6. Staff Approval 6.1.Tiburon shall designate, in a written notice delivered in accordance with Section 17 (Notices) in Exhibit A to this Agreement, a single individual to act as the Project Manager) The City shall designate, in a wrrtten notice delivered in accordance with Section 17 (Notices) in Exhibit A to this Agreement, a single individual to act as the City Representative The Project Manager/City Representative shall ensure its respective party's compliance with, and shall coordinate appropriate schedules in connection with, its obligations hereunder Tiburon's Project Manager will be supported by a Technical Lead and Trainers The Project Manager, City Representative, and Tiburon's Technical Lead and Trainers, shall be considered key personnel (the"Key Personnel") 6.2.Except for circumstances beyond Tiburon's control, Rose Nath is hereby designated as the CMS trainer to conduct the CMS training described at Section_of the Statement of Work(Exhibit 1) 6.3.Each party shall give thirty (30) days written notice to the other party of the Key Personnel it shall assign from time to time to perform its services under this Agreement If the City requests, Tiburon shall provide resumes and references for such Key Personnel, and shall present its candidate project manager to the City for the City's appraisal The City shall have the right to interview other Tiburon Key Personnel via telephone. Onsite interviews may be conducted at additional cost, and would be accommodated in accordance with Section 7 (Changes) hereof Either party may request alternate personnel be assigned 6.4.The City may require, and Tiburon may request, at any time the removal of any of the Key Personnel assigned by the other party if it believes • the individual is not qualified to perform the services required by the project, or • the individual does not meet appropriate professional standards Such requirement or request shall be submitted in writing,including the basis for the requirement or request,and be delivered in accordance with Section 17 (Notices) in Exhibit A to this Agreement 7 Changes 7.1. The scope and schedule of services and materials provided under this Agreement may be changed from time to time by a written change order (a "Change Order") mutually agreed upon and signed by duly authorized representatives of each party When a change causes a modification to the Contract Price or Page 3 of 9 Version 08169202 KenUTiburon System Implementation Agreement the amount of time needed to complete such change, the Milestone Payment Schedule and Project Schedule shall be amended, as necessary 7.2. The parties shall negotiate in good faith and in a timely manner as to the scope, price, schedule, and other attributes of a Change Order and its Impact on the Agreement. The parties will reach agreement as to the terms or amount of the Change Order within twenty one (21) calendar days, unless the parties mutually agree to extend that time If the parties are unable to reach agreement, the parties shall resolve that dispute under the claim and dispute resolution processes established in this Agreement Up to the time of completion of Integration Testing as depicted elsewhere in this Agreement, the City may nevertheless direct Tiburon to complete the Change Order work, and Tiburon shall timely complete the work as directed by the City, although Tiburon's completion of the Change Order work will be without prejudice to the final resolution of the dispute or claim Under no circumstances shall the City be entitled to direct Tiburon to proceed with work under a disputed Change Order once the Integration Testing has been completed The products, work or services required to fix software defects in the baseline software will not be considered Change Order work a. Software License and Transfer 8.1.Except as specifically provided herein, Tiburon shall at all times retain all title and interest in and to each of the Tiburon Applications and all Derivative Works, Maintenance Modifications, Enhancements and Documentation with respect thereto and all Tiburon Confidential Information 8.2.Upon the City s acceptance of all Tiburon Applications in accordance with the Statement of Work and the City's payment of all amounts due with respect thereto, Tiburon will grant to the City a limited right to use the Tiburon Application, in Object Code only, pursuant to, and subject to the terms of, Tiburon's software license agreement (the "Software License Agreement") The Software License Agreement shall be in the form as set forth in Exhibit 5 hereof Any modifications to the Software License Agreement will be mutually agreed to between Tiburon and the City on or before the Citys final acceptance of the protect The City's right to use the Applications shall be limited to the rights of use described in the Statement of Work until all applications have been accepted in accordance with the Statement of Work, all amounts due with respect to those Applications have been paid in full and Tiburon and the City have duty executed the Software License Agreement 8.3.Tiburon may provide to the City certain third-party software applications in the quantities requested by the City pursuant to this Agreement (the "Third-Party Software") The right to use any such Third-Party Software may be granted to the City under the Software License Agreement or pursuant to a separate software license agreement with the developer of such Third-Party Software The City shall have no right to use such Third-Party Software until the City has executed the Software License Agreement or a separate software license agreement with the developer of such Third-Party Software, as applicable, and until the City has paid for all license or sublicense fees in connection therewith Tiburon will integrate such Third- Party Software into the System and such Third-Party Software will constitute a deliverable for purposes of this Agreement If for any reason it is determined that insufficient licenses or sublicenses for such Third-Party Software have been purchased, or that for any reason more licenses or sublicenses are required for System operation, the City shall be responsible for any additional costs associated with obtaining such additional licenses and the costs and fees associated with integration of such additional Third-Party Software into the System The City shall have no right to the Source Code with respect to any Third-Party Software provided through Tiburon 9. Functionality The Tiburon software application shall provide the following functionality a) Functionality documented as part of this Agreement Page 4 of 9 Version 06169202 Kent/Tiburon System Implementation Agreement b) Functionality documented in Tiburon's Statement of Work 10. Termination 10.1. Termination for Default. Subject to completion of the dispute resolution procedures set forth in Section 6 of Exhibit A to this Agreement, in the event that either party hereto materially defaults in the performance of any of its obligations hereunder, the other party may, at its option, terminate this Agreement by providing the defaulting party thirty(30) days' prior written notice of termination delivered in accordance with Section 17 (Notices) in Exhibit A to this Agreement, which notice shall identify and describe with specificity the basis for such termination The parties may, by mutual, written agreement, extend the time to cure the default If, prior to the expiration of such notice period, the defaulting party cures such default to the satisfaction of the non-defaulting party (as evidenced by written notice delivered by the non-defaulting party in accordance with Section 17 (Notices) in Exhibit A to this Agreement, termination shall not take place 10.2. Termination Without Cause. The City may terminate this Agreement without cause by providing Tiburon at least thirty (30) days' prior written notice of termination delivered in accordance with Section 17 (Notices) in Exhibit A to this Agreement 103. Consequences of Termination. Upon termination of this Agreement for whatever reason (a) Tiburon shall be under no further obligation to provide services hereunder, (b) Tiburon shall return to the City all City Confidential Information in Tiburon's possession and shall certify in a written document signed by an officer of Tiburon that all such information has been returned, (c) except in instances of termination caused by Tiburon's material default, the City shall return to Tiburon all Tiburon Confidential Information in the City's possession and all Third Party Products In its possession not yet accepted and not yet paid for in full together with all copies of documentation and other material related thereto, and shall certify in a written document signed by the City Representative identified in Section 7 2 hereof that all such information and material has been returned, (d) except in instances of termination caused by Tiburon's material default, the City shall cause payments to be made to Tiburon within thirty(30)days of receipt of invoice for all outstanding invoices submitted to the City prior to the effective date of the termination and for all costs and expenses incurred prior to the effective date of the termination to the extent not invoiced prior to the effective date of the termination, based on the proportionate percentage of progress achieved on the next milestone payment, (e) in the event of termination by the City for convenience under Section 12 2 hereof, the City shall cause payments to be made to Tiburon within thirty (30) days of receipt of invoice for all cancellation, restocking or residual fees resulting from the cancellation or return of Third Party Products ordered from or shipped by the vendor thereof prior to the effective date of the termination The invoice will describe with particularity the basis for these cancellation, restocking or residual fees (f) in the event of termination by the City for convenience under Section 12.2 hereof, any license fees paid prior to the effective date of the termination shall be forfeited by the City Page 5 of 9 Version 08769202 Kent/Tiburon System Implementation Agreement (g) All provisions of this Agreement that by their nature would reasonably be expected to continue after the termination of this Agreement shall survive the termination of this Agreement 11. Shipping and Risk of Loss All sales and deliveries are F O.B Destination at City's site at which time risk of loss shall pass to the City Tiburon shall retain risk of loss for equipment, goods and materials delivered to Tiburon's possession at its development facilities for purposes of System development and integration until such equipment, goods and materials have been delivered to the Citys facilities Deliveries to the City shall be addressed to the address set forth in accordance with Section 17 (Notices) in Exhibit A to this Agreement unless the City designates a different address in a written notice delivered in accordance with Section 17 (Notices) in Exhibit A to this Agreement Tiburon reserves the right to make deliveries to the City in installments, and this Agreement shall be severable as to such installments 12. Equipment Compatibility 12.1. The Tiburon Applications will perform in accordance with the performance standards set forth in the Statement of Work (Exhibit 1) as a F6664 efin conjunction with the equipment specified in the Pricing Summary(Exhibit 4) and provided by Tiburon under this Agreement. Tiburon shall not be responsible for the performance of the Tiburon Applications in combination with any other products, elements, or components not supplied by Tiburon except to the extent that Tiburon has provided the interface between such equipment and non-Tiburon products, elements or components pursuant to this Agreement. 12.2. For any equipment specified in the Pricing Summary and provided by Tiburon under this Agreement that is no longer available due to model changes or other reasons beyond the reasonable control of Tiburon, Tiburon shall provide equipment of same or equal quality, performance and capacity 12.3. SO LONG AS THE EQUIPMENT SUPPLIED BY THE CITY EQUIPMENT CONFORMS TO THE SPECIFICATIONS PROVIDED BY TIBURON DURING THE IMPLEMENTATION AS DESCRIBED IN EXHIBIT 1, STATEMENT OF WORK, TIBURON SHALL BE RESPONSIBLE FOR ANY EQUIPMENT NOT PROVIDED DIRECTLY BY TIBURON UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE CONDITION, OPERATION, AND PERFORMANCE IN THE SYSTEM OF SUCH EQUIPMENT, AND FOR THE INSTALLATION OF SUCH EQUIPMENT AND ASSOCIATED SOFTWARE, INTEGRATION INTO ANY APPLICABLE COMMUNICATIONS NETWORK, COMPATIBILITY WITH TIBURON SOFTWARE, PERFORMANCE AND DATA CAPACITIES, TIBURON PERSONNEL COSTS AND RELATED EXPENSES DUE TO TIME LOST DUE TO PROBLEMS WITH CITY-PROVIDED SOFTWARE OR EQUIPMENT, AND ANY IMPACT ON TIBURON SOFTWARE OR EQUIPMENT CAUSED BY EQUIPMENT NOT PROVIDED BY TIBURON WHICH IMPACTS OVERALL SYSTEM OPERATION OR PERFORMANCE 13. Limited Warranty 13.1. Tiburon warrants that each Tiburon Application shall, for a period of one year following acceptance of all such Tiburon Applications in accordance with the Statement of Work, conform to the Functional Software Design document and Functional System Specification documents for those Tiburon Applications Those documents shall be documented and delivered by Tiburon, and approved by the City prior to commencement of the warranty period 13.2. Upon acceptance of all Tiburon Applications in accordance with the Statement of Work, the City shall enter into Tiburon's then-current standard support agreement (the "Support Agreement"), or an amendment thereto, pursuant to which Tiburon will provide warranty support free of support agreement charges and, upon expiration of the warranty period and payment of the applicable annual support fee, Page 6 of 9 Version 08169202 Kent Tiburon System Implementation Agreement extended support for those Tiburon Applications The Support Agreement shall be in the form as set forth in Exhibit 6 hereof All modifications to that sample Master Support Agreement will be mutually agreed to, in writing, between Tiburon and the City on or before the Citys final acceptance of the project THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT 133. Tiburon makes no warranty with respect to any Third-Party Products Warranty coverage for Third-Party Products (listed on Exhibit 4 hereof) shall be provided in accordance with the original manufacturers'warranty provisions 14. Enure Agreement This System Implementation Agreement. "Aareement sets forth the final, complete and exclusive agreement and understanding between Tiburon and the City relating to the subject matter hereof and supersedes all quotes, proposals understandings, representations, conditions, warranties, covenants, and all other communications between the parties (oral or written) relating to the subject matter hereof Tiburon shall not be bound by any terms or conditions contained in any purchase order or other form provided by the City in connection with this Agreement and any such terms and conditions shall have no force or effect. No affirmation, representation or warranty relating to the subject matter hereof by any employee, agent or other representative of Tiburon shall bind Tiburon or be enforceable by the City unless specifically set forth in this Agreement 15 Order of Precedence The following documents are included in this Agreement by reference In the event of any conflict or inconsistency among documents related to this Agreement, said conflict or inconsistency shall be resolved by giving precedence to the later dated document Unless otherwise agreed to by both parties, document precedence shall be as follows • Change Orders to this Agreement, executed in accordance with Section 7. • Exhibit A. Common Terms and Conditions between the City of Kent and Tiburon. Inc • Articles 1 throuah 15 of this Agreement and the Exhibits referenced therein. • Exhibit 1 throuah Exhibit 6 with lower numbered exhibits taking precedence over higher numbered ibits- Pagege 7 of 9 Version 08169202 Kent/Tiburon System Implementation Agreement SIGNATURE PAGE IN WITNESS WHEREOF,the parties have hereunto set their hands as set forth below The City of Kent, Washington Tiburon, Inc. By By Print Name Print Name Title Title. Page 8 of 9 • Version 08169202 Kent/Tiburon System Implementation Agreement EXHIBIT A To Tiburon System Implementation Agreement COMMON TERMS AND CONDITIONS The following Exhibit is attached to, incorporated into, and forms part of the Tiburon System Implementation Agreement, dated October 31, 2002, between the City and Tiburon (herein referred to as the"Agreement") Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail Kent SIA 091702 d0c Page 1 of 1 Exhibit A - 6AMi0l1 A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON, INC. The terms and conditions presented in this exhibit shall apply to the following agreements between the City of Kent and Tiburon to the extent specified in those agreements • System Implementation Agreement(the"SIX")dated • Software License Agreement (the "SLA") referenced at Section _of the SIA • Master Support Agreement (the"MSA") referenced at Section _of the SIA 1. Independent Contractor Status Tiburon is an independent contractor under this agreement, and nothing shall be construed to create a partnership, joint venture, or agency relationship between the parties Neither party shall have any authority to enter into agreements of any kind on behalf of the other, and neither party shall have any power or authority to bind or obligate the other in any manner to any third party The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever Each party represents that it is acting on its own and is not acting as an agent for any third party 2. Confidential Information 2.1. City Confidential Information All City Confidential Information (216d9f'RBd below) shall be held in strict confidence by Tiburon, and Tiburon shall not, without the City's prior written consent, (a) disclose such information to any person or entity other than to Tiburon's employees or consultants legally bound to abide by the terms hereof and having a need to know such information in connection with Tiburon's performance of its obligations hereunder, or (b) use such information other than in connection with the performance of its obligations hereunder Tiburon understands and agrees that the unauthorized use or disclosure of City Confidential Information may irreparably damage the City In the event of Tiburon's breach or threatened breach of any of the provisions in this section, the City shall be entitled to an injunction obtained from any court having appropriate jurisdiction restraining Tiburon from any unauthorized use or disclosure of any City Confidential Information 2.2 Tiburon Confidential Information To the extent allowed by law, all Tiburon Confidential Information (as defined below) shall be held in strict confidence by the City, and the City shall not, without Tiburon's prior written consent, (a) disclose such information to any person or entity other than to the City's employees or consultants legally bound to abide by the terms hereof and having a need to know such information in connection with the City's performance of its obligations hereunder, or (b) use such information other than in connection with the performance of its obligations hereunder The City understands and agrees that the Tiburon Confidential Information constitutes a valuable business asset of Tiburon, Kentrriburon Page 1 of 1 1 a-3 Revision Date 0809602 Common Terms and Conditions - EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON, INC. the unauthorized use or disclosure of which may irreparably damage Tiburon. In the event of the City's breach or threatened breach of any of the provisions in this section, Tiburon shall be entitled to an injunction obtained from any court having appropriate jurisdiction restraining the City from any unauthorized use or disclosure of any Tiburon Confidential Information 2.3. Exclusions Notwithstanding Subsections 21 and 2.2 hereof, either party's confidential information shall not include information which the other party can demonstrate by competent written proof (a) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available or otherwise part of the public domain, (b) is rightfully known by the receiving party without restriction on use prior to its first receipt of such information from the disclosing party as evidenced by its records, (c) is hereafter furnished to the receiving party by a third party authorized to furnish the information to the receiving party, as a matter of right and without restriction on disclosure, or(d) is the subject of a written permission by the disclosing party to disclose 2.4. Exceptions Notwithstanding Subsections 2 1 and 2 2 hereof, disclosure of either party's confidential information shall not be precluded it a) such disclosure is in response to a valid order of a court or other governmental body of the United States or any political subdivision thereof, b) such disclosure is necessary to establish rights or enforce obligations under this agreement, but only to the extent that any such disclosure is necessary for such purpose;or c) The receiving party received the prior written consent to such disclosure from disclosing party, but only to the extent permitted in such consent 2.5. Survival The obligations with respect to each item of Tiburon Confidential Information and City Confidential Information shall survive the termination or expiration of this agreement- Inserted Indemnification Language 1.1. Software Indemnification (a) The parties acknowledge that Tiburon will deliver a highly complex software system that, upon completion of testing and acceptance, will be operated solely by the City, in an environment controlled by the City, and by Personnel under the sole direction and control of the City Further, Tiburon will have no control over what data is entered into the system by the City Moreover, Tiburon will not have any control over the various external systems and internal networks with which its system will interact However, the parties also acknowledge that, upon completion of testing and acceptance and subject to the Citv's independent control and operation described above. Tiburon's software and embedded systems must accurately store, process and report data (b) In the context of the acknowledgements stated in the preceding paragraph. Tiburon shall not, in any event, be liable for the accuracy or completeness of City-entered data, but otherwise Tiburon shall protect, defend, indemnify, and save the City, its agents, officials, employees, or any firm, company, organization, or individual to whom the City may be contracted, harmless from any and all claims, injuries, damages, losses KentTburon Page 2 of 11444 Rawsion Date 0809602 Common Terms and Conditions EXHISI'll A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON, INC. or suits ansino out of or in connection with the performance of this agreement, including without limitation, the infringement or violation of any third Partv's trade secrets, Proprietary information, trademark, cogvnaht, patent right or proprietary right, but only to the extent of Tiburon's negligence or willful misconduct 12.Services and Other Indemnification Except as modified by the preceding "Software Indemnification", Tiburon agrees to protect, defend, indemnify, and save the City, it agents, officials, employees, or any firm, company, organization, or individual to whom the City may be contracted, harmless from any and all claims, cowries, damages, losses or suits arising out of or in connection with the performance of this agreement, but only to the extent of Tiburon's negligence or willful misconduct 1.3Indemnification — General: This subsection applies to both of the preceding indemnification provisions Tiburon will defend or settle at its sole expense all suits or proceedings arising out of the foregoing. provided that the City gives Tiburon prompt notice of any such claim of which it learns No settlement that prevents the City from continuing to use the software products, other products or software documentation as provided in this agreement will be made without the City's prior written consent In all events, the City will have the right to participate at its own expense in the defense of any such suit or proceeding through counsel of its own choosing This indemnification will survive the expiration or termination of this agreement 1 4.Damages Indemnified- Tiburon's indemnifications shall apply to all direct or actual damages incurred by the City except as provided herein Under no circumstances shall Tiburon be liable for special indirect or consequential damages unless those damages are covered under insurance policies provided pursuant to Section herein To the extent insurance applies. Tiburon shall be responsible for any applicable deductible amounts In any event, however, if no insurance coverage applies, Tiburon will be liable for special, incidental or consequential damages up to a maximum of ONE HUNDRED THOUSAND DOLLARS AND NO CENTS ($100,000 00) 3.0 Insurance 3 1 Tiburon shall procure and maintain in effect during the term of this Agreement the following insurance coverages with an insurance company or companies authorized to do business in the State of Washington Q414erRIa hand approved by the City with a Best rating of no less than A VII to be applied against claims for injuries to persons or damage to property that may arise from on in connection with the performance of the contract work (a) Workers' Compensation and Employers Liability insurance in accordance with the laws of the City's respective State with liability limits of Five Hundred Thousand Dollars ($500,000) per accident (b) Comprehensive General Liability and Broad Form Comprehensive General Liability or Commercial General Liability including bodily injury, personal injury, and property damage in the amount of a combined single limit of One Million Dollars ($1,000,000) each occurrence, and Two Million Dollars ($2,000,000) in aggregate limit (c) Professional Liability — Professional Liability insurance written on a claims made basis with limits not less than One Million Dollars ($1,000,000) per occurrence. (d) Comprehensive Auto Liability including bodily injury, personal injury and property damage in the amount of a combined single limit of One Million Dollars ($1,000,000) Coverage must include all automobiles utilized by Tiburon in connection with its performance of the services hereunder Kentrriburon Page 3 of 11444 Revision Dale 0809602 Common Terms and Conditions -- — - EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON, INC. (e) Excess Liability — Excess Liability insurance with limits not less than One Million Dollars ($1,000,000) per occurrence and aggregate (f) Deductible—Any payment of deductible or self-insured retention shall be the sole responsibility of Tiburon (g) Endorsement — Upon contract execution, the City, its officers, officials, employees, agents, and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of Tiburon, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance no later than the date of contract execution (h) Coverage —Tiburon's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to limits of the insurer's liability. (1) Primary — Tiburon's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified marl, return receipt requested, of any cancellation, suspension or material change in coverage 32 Tiburon shall cave prompt written notice to the City of all known losses, damages. or inturies to any person or to property of the City or third persons that may be in any way related to the services being provided hereunder or for which a claim might be made against the City. Tiburon shall promptly report to the City all such claims that Tiburon has noticed, whether related to matters insured or uninsured. No settlement or payment for any claim for loss, injury or damage or other matter as to which the City may be charged with an obligation to make any payment or reimbursement shall be made by Tiburon without the prior written approval of the City 33 A failure to provide insurance coverage and written acceptance of the tendered policy shall be deemed to constitute a material breach of contract by Tiburon The City reserves the right to then award the contract to another bidder In order to protect the public interest and notwithstanding any provisions herein to the contrary, Tiburon's failure to comply with any provision in this Section shall subject the contract to immediate termination without notice and without recourse by any person but 34 Waiver of Washington State Industrial Insurance Immunity VENDOR SHALL SPECIFICALLY AND EXPRESSLY WAIVE ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51, RCW Further, this indemnification obligation under this contract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts, disability benefits acts, or other employee benefit acts 4. Governing Law and Venue The construction venue and performance of this agreement shall be governed exclusively by the laws of State of Washington without regard to any conflict of laws provisions Tiburon consents to the venue, jurisdiction and rules of the King County Superior Court located in King County, Washington with respect to any right of action arising under this agreement 5. Attorneys Fees Kent/riburon Page 4 of 11444- Revision Date 080W2 Common Terms and Conditions - hXMIBII A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON,INC. Subject to the indemnification provisions set forth in this agreement, if any action or suit is brought with respect to a matter or matters covered by this agreement, each party shall be responsible for all its own costs and expenses incident to those proceedings, including attorneys'fees 6. Dispute Resolution 61 The parties to this agreement shall exercise their best efforts to negotiate and settle promptly any dispute that may arise with respect to this agreement in accordance with the provisions set forth in this section a) If either party (the "Disputing Party") disputes the interpretation of any provision of this agreement, or any conduct by the other party under this agreement, that party shall bring the matter to the attention of the other party at the earliest possible time in order to resolve such dispute b) If the dispute is not resolved by the employees responsible for the subject matter of the dispute within ten (10) calendar days, the Disputing Party shall deliver to the first level of representatives below a written statement (a "Dispute Notice") describing the dispute in detail, including any time commitment and any fees or other costs involved c) Receipt by the first level of representatives of a Dispute Notice shall commence a time period within which the respective representatives must exercise their best effort to resolve the dispute If the respective representatives cannot resolve the dispute within the given time period, the dispute shall be escalated to the next higher level of representatives in the sequence as set forth below It the parties are unable to resolve the dispute in accordance with the escalation procedures set forth below, the parties may assert their rights under this agreement Escalation Timetable Tiburon Representative City Representative Calendar Days) 0 to 5 Project Manager Project Manager 6 to 1 oirlRegional Manager Systems Group Manager 11 to 15 Executive Officer Information Technology Director d) If the Information Technology Director and the Executive Officer cannot resolve the dispute, the only means of resolving the dispute shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process 6 2 Notwithstanding that the parties may be attempting to resolve a dispute in accordance with the informal dispute resolution procedures set forth in Section 6 1 hereof, the parties agree to continue without delay all their respective responsibilities under this agreement that are not affected by the dispute 6.3 Notwithstanding the foregoing, either party may, before or during the exercise of the informal dispute resolution procedures, apply to a court having jurisdiction for a temporary restraining order or Kent/Tiburon Page 5 of 1144-+ Revision Date 0909W2 Common Temis and Conditions EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON, INC. preliminary injunction where relief is necessary to protect its interests pending completion of such informal dispute resolution procedures 7. Force Majeure If the performance of this agreement or of any obligation hereunder is prevented, restricted, or interfered with by reason of fire or other casualty or accident; strikes or labor disputes, inability to procure raw materials, or power, war, terrorism or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency or intergovernmental body other than a party to this agreement; or any other act or condition beyond the reasonable control of the parties, the party so affected, upon giving notice to the other party, shall be excused from performance to the extent of the prevention, restriction, or interference, provided that the party so affected shall use reasonable efforts under the circumstances to avoid or remove the causes of non-performance and shall continue performance hereunder with the utmost dispatch whenever those causes are removed 8. Assignment This agreement may not be assigned by either party without the written consent of the other, except that this agreement may be assigned to a successor to all of either party's business 9. Modification This agreement may not be altered, amended or modified, except by written instrument signed by the duly authorized representatives of both parties 10. Waiver No waiver of breach of any provision of this agreement shall constitute a waiver of breach of any other provision Failure of either party to enforce a provision of this agreement shall not be construed as a waiver 11 Validity The invalidity in whole or part of any provision of this agreement shall not void or otherwise affect the validity of any other provision 12. Patent Protection Tiburon shall protect, indemnify, defend and save harmless the City from any and all claims or lawsuits alleging a violation by Tiburon Application software of a third party's copyright or patent rights So long as the City gives Tiburon prompt notice of any infringement claim brought against the City regarding the software and the City gives Tiburon information, reasonable assistance, and sole authority to defend or settle any infringement claim, then, in the defense or settlement of an infringement claim,Tiburon shall, in its reasonable judgment and at its option and expense (Q obtain for the City the right to continue using the software, (n) replace or modify the software so that it becomes non-infringing while giving equivalent performance, or (iti) it Tiburon cannot obtain the remedies in (i) or (e), the parties may proceed to a court of competent jurisdiction to determine the amount of damaces fees that must be paid fetwRwd to Licensee Tiburon shall have no liability to indemnify or defend the City to the extent the alleged infringement is based on (i) a modification of the software by the City or others authorized by the City but not by Tiburon, or (it) use of the software other than in accordance with the documentation and this Agreement Notwithstanding this section, the City retains the right and ability to defend itself against any claims that the licensed software infringes any patent or copyright If the City chooses to defend itself or KenUTiburon Page 6 of 1 1 444- Revision Date 0802602 Common Terns and Conditions - EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON, INC enter into a settlement agreement without Tiburon's prior knowledge, consent, and specific agreement to pay costs, the City understands that Tiburon will not indemnify the City for its costs and expenses 13. Equal Employment Tiburon shall comply with all federal, state, and local laws, rules, regulations, and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin, or the presence of any sensory, mental, or physical disability, unless based upon a bona fide occupational qualification Further, Tiburon will comply with the Citys Minority and Women Contractors Policy dated January 1, 1998, and provide all written statements required by that policy 14. Conflict of Interest Tiburon warrants that, to the best of its knowledge and belief, no person except bona fide employees, agents, consultants, or representatives of Tiburon or any of its subcontractors has been employed or retained to solicit or secure this agreement. 15. Year 2000 Compliance Statement Tiburon certifies that all licensed Tiburon Application software is Year 2000 compliant according to the remainder of this Subsection- The computer software and embedded systems must accurately store, process and report data before, during and beyond the year 2000 The standards by which this compliance is judged include • Century Compliant: The system must accurately process data and perform calculations based on dates Common calculations include subtraction, sorting, and comparative operations • Leap Year Compliant: The system must accurately process data and perform calculations based on all valid leap years February 29, 2000, is a rare century leap year, and all systems must recognize and correctly process this date • Interface Compliant: Connected systems must accurately share data with other systems as designed Common formats and protocols must be implemented between connected systems to ensure all data is processed including dates • Projections and Analysis: The system must correctly perform all processes across the year 2000 boundary in both directions This means that all functions and reports must perform correctly looking forward for projections as well as backward for functions such as trend analysis Inserted Functionality language The Tiburon software application shall provide the following functionality a) Functionality documented in the Tiburon response to RFP b) Functionality documented in any amendments to Tiburon response to RFP c) Functionality documented in Tiburon's responses to Crtv's questions d) Functionality documented in Tiburon's Functional System Specifications e) Functionality documented in Tiburon's Statement of Work . f) Functionality documented in the Tiburon software documentation g) Functionality documented as Part of this contract Kent/Tiburon Page 7 of 1144-1 Revision Dale 080,%02 Common Terms and Conditions -EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON, INC. 16. No Rights in Third Parties This agreement is entered into for the sole benefit of Tiburon and the City and their approved assigns Nothing in this agreement shall be construed as giving any benefits, rights, remedies or claims to any other person, firm, corporation or other entity, including, without limitation, the general public or any member thereof, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries, property damage, or any other relief in law or equity in connection with this agreement 17. Notices All notices, requests, demands, or other communications required or permitted to be given hereunder must be in writing and must be addressed to the parties at their respective addresses set forth below and shall be deemed to have been duly given when (a) delivered to person, (b) one (1) business day after being deposited with a reputable overnight air courier service; or (c) three (3) business days after being deposited with the United States Postal Service, for delivery by certified or registered mad, postage pre- paid and return receipt requested All notices and other communications regarding default or termination of this agreement shall be delivered by hand or sent by certified mad, postage pre-paid and return receipt requested Either party may from time to time change the notice address set forth below by delivering notice to the other party in accordance with this section setting forth the new address and the date on which it will become effective To City To Tiburon City of Kent Tiburon, Inc 220 4'"Ave S 39350 Civic Center Drive, Suite 100 • Kent,WA 98032 Fremont, CA 94538 Attention Pam Gettman Attention Contracts Administrator Phone 253-856-4659 Phone 510-792-2108 Fax 253-856-4735 Fax 510-742-1057 18. Construction The paragraph and section headings used in this agreement or in any exhibit are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this agreement. Any term referencing time, days or period for performance shall be deemed calendar days and not business days, unless otherwise expressly provided herein 19 (DEFINITION$ 1. "City" shall mean Kent, Washington with its principal place of business at 220 4th Avenue S, Kent, Washington 98032 2. "City Confidential Information" - shall include all City data from whatever source derived, information related to accessing the City's computer network, and written information of a confidential nature clearly labeled by the City as being confidential 3. "City Representative" shall mean the individual designated by the City to coordinate schedules and ensure the Citys compliance with their obligations as described in Kent/Tiburon Page 8 of 1 14 4- Revision Date 0809502 Common Terms and Conditions EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON, INC. 4. 5. "Derivative Works" shall mean, with respect to any Licensed Application, any translation, abridgement, revision, modification, or other form in which such Licensed Application may be recast, transformed, modified, adapted or approved after acceptance of the Functional System Specifications for such Licensed Application in accordance with the applicable implementation agreement s4a4-mean; v4h Need to revise to address Web queries that City plans to develop 6. 7. 8. "Documentation" shall mean anv written, electronic, or recorded work that describes the use, functions, features, or purpose of the System, or any component or subsystem thereof, and that is published or provided to the City by Tiburon, Tiburon's subcontractors or the original manufacturers or developers of third party products provided to the Licensee by Tiburon, including, without limitation, all end user manuals training manuals uides program listens data models flow charts logic diagrams, and other materials related to or for use with the S ste 9. "Effective Date" is the date established defined- In the preamble to the MSA, SIA, and the SLA, and shall represent the date specific to that Agreements-set-4G44 heraa 10. "Enhancement" shall mean, with respect to any Tiburon Application, a computer program modification or addition, other than a Maintenance Modification, that alters the functionality of, or adds new functions to, such Tiburon Application and that is integrated with such Tiburon Application after the City's acceptance of the Tiburon Application in accordance with the Statement of Work, or that is related to such Tiburon Application but offered separately by Tiburon after the City's acceptance of the Tiburon Application in accordance with the Statement of Work Need to discuss in relation to change orders and migration path 11. "Error" shall mean, with respect to any Tiburon Application, a defect in the Tiburon Application that prevents it from functioning in conformity with Section , Product Functionality, of this Exhibit Raume 12 13. "Functional System Specification" shall mean, with respect to any of the Tiburon Applications, the specifications for such Tiburon Application delivered to the City upon the City's acceptance of such Tiburon Application in accordance with the applicable Statement of Work set forth in the SIA 14. 15 16 "Licensed Application" shall mean each of the software applications and interfaces set forth on Exhibit 1 of the Software License Agreement includinq all Derivative Works, Maintenance Modifications, Change Orders, Enhancements and Documentation modifying these software applications and interfaces Kent Tiburon Page 9 of 11444- Revision Date 0909602 Common Terms and Conditions -EXHIBIT A- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON, INC. 4b.17. "Maintenance Modifications" shall mean, with respect to any Tiburon Application, a computer software change to correct an Error in, and integrated into, such Tiburon Application, but that does not alter the functionality of such Tiburon Application and that is provided to the City after the City's acceptance of such Tiburon Application in accordance with the Statement of Work under the Support Agreement relating to such Tiburon Application. Need to discuss in relation to"Enhancement" 47.18. 4&19. " 40.20. "Object Code" shall mean computer programs assembled or compiled from Source Code in magnetic or electronic binary form on software media, which are readable and usable by machines, but not generally readable by humans without reverse-assembly, reverse-compiling, or reverse-engineering 20.21. 24.22. "Project Manager" shall mean the individual designated by Tiburon to coordinate schedules and ensure Tiburon's compliance with their obligations as described in 2-&24. "Software License Agreement" shall mean any software license agreement between Tiburon and the City delivered in accordance with Section 89-2 of the SIA pursuant to which Tiburon grants a limited license to use any of the Tiburon Applications in accordance with the terms and conditions thereof, as the same may be amended or otherwise modified from time to time. 24.25 "Source Code" shall mean computer programs written in higher-level programming languages, sometimes accompanied by English language comments Source Code is intelligible to trained programmers and may be translated to Object Code for operation on computer equipment through the process of compiling. 26. "Statement of Work" shall mean the principal activities, responsibilities and deliverables of Tiburon and the City as specified in Section 1 of the SIA 25.27 "Support Agreement" shall mean any support agreement between Tiburon and the City delivered in accordance with Section 15 2 of the SIA pursuant to which Tiburon provides warranty and extended support for any of the Tiburon Applications in accordance with the terms and conditions thereof, as the same may be amended or otherwise modified from time to time Need to discuss why this is defined and where it is referenced 27.28 "System" shall mean the City's computer automated system consisting of the Tiburon Applications combined with deliverables specified in the Pricing Summary to be delivered and installed by Tiburon under the Agreement, including without limitation servers and other computer and network hardware and equipment, operating systems, any database or other third parry software products, any PC or other workstation equipment having access to any of the Tiburon Applications, any communications interfaces and any wiring, cabling and connections Need to discuss why this is defined and where it is referenced 191 Kent/Tiburon Page 10 of 11444 Revision Date 0802602 Common Terms and Conditions - union ia- COMMON TERMS AND CONDITIONS BETWEEN THE CITY OF KENT AND TIBURON, INC. 2&29 "Third-Party Products"shall mean all software and hardware components specified in the Pricing Summary and delivered by Tiburon under this Agreement for integration into the System other than the Tiburon Applications 2&30 30.31. "Tiburon" shall mean Tiburon, Inc , with its principal place of business at 39350 Civic Center Drive, Fremont, California 94538 34.32. `Tiburon Application" shall mean each software application developed by Tiburon and delivered to the City under this Agreement and in accordance with the Functional System Specification relating thereto, including all Maintenance Modifications thereto, all Derivative Works thereof, and all related Documentation Same as"Licensed Application"? If so, can we consolidate terms? 32.33. 'Tiburon Confidential Information' ,A d9fiRQd in RaGW^ " ' At INC r=xti b t shall include the Tiburon Applications and all other software applications developed by Tiburon, whether or not licensed to the City, as well as any written information of a confidential nature clearly labeled by Tiburon as being confidential Kentrriburon Page 11 of 114-44 Revision Date O809602 Common Terms and Conditions EXHIBIT 1 To Tiburon System Implementation Agreement STATEMENT OF WORK The following Exhibit is attached to, incorporated into, and forms part of the Tiburon System Implementation Agreement, October 31, 2002, between the City and Tiburon (herein referred to as the "Agreement") Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail Kent SIA 091702 doc Page 1 of 1 Exhibit B raft 9�18�02 EXHIBIT A PROJECT STATEMENT OF WORK City of Kent, WA Exhibit A—Statement of Work Page 1 of 42 Table of Contents 1. SCOPE OF WORK..........................................._................................................................................................3 2. IMPLEMENTATION OVERVIEW.............._............................................................._..................................3 3. STATEMENT OF WORK TASKS................................................................................................................. 5 4. TASK: PROJECT MANAGEMENT........................................................................................._............6 5. TASK: PROJECT INITIATION.........................................................................»........................._.............787 6. TASK: BUSINESS PRACTICE REVIEW AND BASELINE TESTING(ITERATIVE)....................7111(19 7. TASK: IMPLEMENTATION PLANNING..................................................».......................................124M2 8. TASK:EQUIPMENT STAGING............................................................................................................1�:-15 9. TASK:RMS/TI,CMS/TI,ARS SOFTWARE TAILORING................................................................16_1016 10. TASK: GENERAL FILE BUILDING(ITERATIVE).......................................................................17VA-7 11. TASK: INITIAL DATA FILE CONVERSION (ITERATIVE).......................................................1724U 12. TASK: GEOGRAPHIC FILE CONVERSION.................................................................................193214 13. TASK: FUNCTIONAL SYSTEM SPECIFICATION......................................................................212421 14. TASK: FACTORY ACCEPTANCE TESTING(ITERATIVE) ......................................................222'Fu 15. TASK:SYSTEM DEPLOYMENT......................................................................................................21272-1 16. TASK: DEVELOP SYSTEM INTERFACES(ITERATIVE)...........................................................252824 17. TASK- INTEGRATION TESTING (ITERATIVE).......................................................................263926 18 TASK: TRAINING(ITERATIVE)...............................................................................................283027 19. TASK:PERFORMANCE TEST (ITERATIVE)................................................................................323531 20. TASK:FINAL DATA CONVERSION(ITERATIVE)......................................................................333633 21. TASK: FINAL SYSTEM EQUIPMENT INSTALLATION(ITERATIVE)...................................344711 22. TASK: SYSTEM CUTOVER(ITERATIVE)........................................................................... ......353834 23. TASK: SYSTEM RELIABILITY(ITERATIVE)...........................................................................363936 24. TASK: TOTAL SYSTEM RELIABILITY.....................................................................................3841-37 City of Kent, WA Exhibit A— Statement of Work Page 2 of 42 drail 1. Scope of Work : -1`9/18/02 This Statement of Work defines the principal activities and responsibilities of both parties for the implementation of the system listed in Exhibit E, "Pricing Summary', for the City of Kent,Washington (hereinafter called the"City") In summary, the system will be composed of the following fully integrated Baseline subsystems. • Records Management System (RMS/TI) • Corrections Management System (CMS/TI) • Automated Reporting System (ARS) Plus the following ancillary systems 1 that are interfaced to the subsystems • TIPS • Bar Code Evidence/Property • Geographic File Conversion Tool (GCT) Plus the following interfaces • TCP/IP interface to the State of WA • State/NCIC with Reformatter • PRC MIS-derived Table Transfer • Optika Acorde imaging • Identix/DBI • Bar Code Inmate Plus the following information transfer functions2 • "Get Case"to pass 911 dispatch data into ARS for field reporting • "Get Jail"3to pass CMS information to ARS for field reporting Data from the City's existing police records system ("CDS") and jail records system ("JMIS') by the West Covina Service Group will also be converted and loaded into the Tiburon system Unless otherwise indicated from the context in which it is used, the term "System"or"system"shall be used to refer to the compilation of the foregoing subsystems, ancillary systems, interfaces and information transfer functions 2. Implementation Overview The system implementation will occur in a phased approach. Once all system tailoring and interface development is complete, each subsystem will be implemented as follows I Interfaces to these ancillary systems are considered part of the baseline system whose maintenance is covered by the Value Maintenance Program As such these interfaces are exeinot from additional fees associated with upgrading interfaces CK to confirm with RB 2 These information transfer functions are not considered customizations CI to confirm with TL 3 No charge to City as it is part of the Baseline system City of Kent, WA Exhibit A—Statement of Work Page 3 of 42 '�raf1` Phase One CMS/TI 9/18/02 Phase Two RMS/TI Phase Three ARS The following summarizes the major tasks Tiburon will initiate the project by meeting with City personnel at the City location Tiburon will conduct Business Practice Review sessions with the City to determine the needed system tailoring The City will also test the baseline and ancillary systems Tiburon will document the City's requirements and prepare a comprehensive Project Implementation Plan, At Tiburon Development Center All hardware and Third Party software will be shipped to Tiburon facilities for set-up and configuration Tiburon will complete and test all system tailoring Tiburon will also begin to develop the interfaces The City will perform Factory Acceptance Tests on the system functionality, Tiburon will correct errors found during testing4 At City Site Tiburon will ship the system to the City facilities for set-up and configuration,Tiburon will complete and test the interfaces Tiburon will perform a sample data conversion and revise it per the requirements of the Conversion Plan to ensure the specified results Tiburon will re-test the system tailoring The City will test the interfaces and re-test portions of the system functionality Tiburon will correct errors found during testing as directed by the Statement of Work For CMSM The City will perform Integration Tests on the system and also test the sample conversion results Tiburon will correct errors found during testing as directed by the Statement of Work Tiburon will train the City's trainers, and execute performance testing in collaboration with the City Tiburon will Convert data land verify results Tiburon will correct errors found during testing as directed by the Statement of Work The City will train the end users CMS/TI will be put into production use and successfully complete a 45-day Reliability Period Tiburon will correct errors found during testing as directed by the Statement of Work For RMS/TI The City will perform Integration Tests on system, and also test the sample conversion results Tiburon will correct errors found during testing as directed by the Statement of Work Tiburon will train the Citys trainers, and execute performance testing in collaboration with the City Tiburon will convert data and verify results Tiburon will correct errors found during testing as directed by the Statement of Work 4 Tiburon categorizes errors according to their seventy from P 1 (most severe) to P4(least severe) Tiburon will correct all errors noted in the Functional Software Design Document,as well as those associated with the interfaces and data conversion Tiburon will correct all other P 1 and P2 type errors found in the system during the implementation City of Kent, WA Exhibit A—Statement of Work Page 4 of 42 raft�. 9/18/02 The City will tram the end users RMS/TI will be put into production use and successfully complete a 45-day Reliability Period Tiburon will correct errors found during testing as directed by the Statement of Work For ARS The City will perform Integration Tests on the system Tiburon will correct errors found during testing as directed by the Statement of Work Tiburon will tram the City s trainers, and execute performance testing in collaboration with the City Tiburon will correct errors found during testing as directed by the Statement of Work The City will tram the end users. ARS will be put into production use and successfully complete a 45-day Reliability Period Tiburon will correct errors found during testing as directed by the Statement of Work Upon successful completion of the ARS Reliability Period,the 60-day Systems Reliability Period will begin Tiburon will correct errors found during the Reliability Period The successful completion of the Systems Reliability Test will mark the end of the implementation 3. Statement of Work Tasks The tasks listed may not start and complete in a sequential manner, but may overlap other tasks, according to the Project Implementation Schedule The planned task order in this Statement of Word can be changed by the Project Implementation Schedule, or as a result of project activity Each task is designed to produce one or more deliverables The completion of each task will be marked by the City Representative's approval of each deliverable and Task Completion Letter, unless noted otherwise Each task listed consists of sub-tasks The sub-tasks are described at a high-level, and may not represent all the work that must be carried out to complete the task Additional steps may be required for task completion The tasks, sub-tasks, and additional steps will be detailed in the Project Implementation Schedule Some tasks are iterative and are denoted with"(Iterative)" next to the task name This Statement of Work is contingent upon both Tiburon and the City fulfilling their respective responsibilities as defined in the Contract Agreement, this Statement of Work and the Project Implementation Schedule If either party falls behind on the completion of their assigned tasks,the other party s allotted time for completion of dependent tasks will be extended The number of days for an extension shall be mutually agreed upon This type of change to the Project Implementation Schedule will not be subject to Change Orderfees City of Kent, WA Exhibit A- Statement of Work Page 5 of 42 . 9/18/02 4. Task: Project Management Description: Project Management occurs throughout the project and is involved in every project task The overall project management activities are listed here for reference Tiburon Responsibilities: Designate a Project Manager who will direct Tiburon's efforts and serve as the primary point of contact for the City The Tiburon Project Manager's responsibilities shall include a Overall project administration b Maintain project communications with the City Representative c Manage the Tiburon staff and coordinate Tiburon activities with the City Representative d Conduct status meetings with the City Representative on a monthly basis, or as may otherwise be reasonably required to discuss project status e Provide timely responses, within ten (10)business days, to issues raised by the City Representative f Prepare and present, no later than the fifth business day of each month, an electronic status report with the following information • Project assessment(i e , on-schedule or behind schedule) • Tasks completed in previous month with their estimated vs actual completion date • Tasks to be completed in the current month with their estimated completion date • Project issues and associated risk assessment for each issue • Updated MS Project Schedule g Monitor and evaluate work progress against the Project implementation Schedule, Maintain Project Implementation Schedule using MS Project h Resolve deviations from the Project Implementation Schedule that are within Tiburon's control i Prepare and submit project Change Proposals to the City Representative as necessary I Ensure quality assurance review and approval of all Tiburon completed tasks prior to preparing and submitting Task Completion Letter(s)to the City Representative k Ensure Tiburon personnel are available to support system operation, including error diagnosis and system recovery or restart, as reasonably requested by the City,for time periods equivalent to the hours of intended system use City Responsibilities: Designate a City Representative whose responsibilities shall include City of Kent,WA Exhibit A—Statement of Work Page 6 of 42 9/18/02 a Maintain protect communications with Tiburon's Project Manager b Manage the City staff and coordinate City activities with the Tiburon Protect Manager c Participate in status meeting with the Tiburon Protect Manager on a monthly basis or as may otherwise be reasonably required to discuss protect status d Provide timely responses, within ten (10) business days, to issues raised by the Tiburon Protect Manager e Review documents that are subject to City approval and communicate any exceptions to Tiburon for inclusion in the final document Upon receipt of the final document, the City will review the document to ensure that Tiburon has addressed all City exceptions. The City will provide Tiburon with timely written approval of each deliverable document f Liaison with all City-provided Third-Party vendors and associated systems g, Ensure acceptable Change Proposals are approved by authorized signature(s) h Ensure acceptable Task Completion Letter(s) are approved by authorized signature(s) i Approve and release payments in a timely manner t Ensure Tiburon access to server and network equipment and work areas during working hours (Monday— Friday from 8 am to 5 PM) unless otherwise agreed upon k Provide a dial-in connection for the purpose of remote hardware and software support I Allow Tiburon supervised remote dial-in access to all development and system administrator accounts on all servers running Tiburon licensed software m Ensure City personnel are available to support system operation, including error diagnosis and system recovery or restart, as reasonably requested by Tiburon, for time periods equivalent to the hours of intended system use n Provide workspace for a minimum of two (2) Tiburon personnel as requested City will provide workspace in accordance with its standard workspace requirements o Ensure telephones are located at each of the workspaces and adjacent to the central processor for the duration of the project Tiburon will be responsible for all Tiburon initiated long-distance charges while on-site Completion Criteria: Tiburon will produce the following deliverables on a monthly basis as part of this task City Representative's approval is not required, nor is there a separate Task Completion Letter for these deliverables Status Report 5. Task., Project!nitration City of Kent, WA Exhibit A—Statement of Work Page 7 of 42 :drraf! Description: .9/18/02 The project will be initiated with the staffing of the project teams, and two meetings of key City and Tiburon project participants The first meeting("Project Briefing")will serve to brief the City's project team The second meeting ("Project Kickoff") will serve as the project kick-off for City employees Tiburon Responsibilities: a Provide resumes of key Tiburon project participants b Prepare and submit written recommendation for City participants to the City Representative. Include description of their roles and responsibilities, desired skill set and experience,title (if applicable), and expected duration of their involvement during the project. c Coordinate with City to establish the schedule and location for the Project Briefing d. Prepare and deliver the formal Project Briefing agenda and presentation materials in electronic form to the City Representative (5)five business days before the meeting date for review and input Include the following information_ • Project Overview • Approach • Initial Schedule5 • Team Members, their roles and responsibilities • Chain-of-command • Next Steps e Revise formal agenda and presentation materials for the Project Briefing based upon feedback provided by City Representative f Ensure that the Project Manager and Technical Lead attend the Project Briefing It is highly desirable if the Trainers (i a , CMS, RMS,ARS, Crystal Reports) can also attend g Conduct the Project Briefing at City facilities, and tour City facilities h Coordinate with City to establish the schedule and location for the Project Kickoff j Prepare and deliver the formal Project Kickoff agenda and presentation materials in electronic form to the City Representative for review and input (5) five business days before the meeting date Include the following information • Project Overview • Approach • Initial Schedule • Team Members,their roles and responsibilities • Chain-of-command • Next Steps j Revise formal agenda and presentation materials for the Project Kickoff based upon feedback 5 Tiburon will develop and deliver a Project Implementation Plan with the SIA that shows SOW tasks with descrrotjon, start/stop dates, interdependency,duration and responsible party(City tasks will show which type of team participant is responsible for task completion) City of Kent, WA - Exhibit A—Statement of Work Page 8 of 42 :draft.9/18/02 provided by City Representative k Ensure that the Project Manager attends the Project Kickoff I. Conduct the Project Kickoff at City facilities m. Deliver one complete set of Baseline Specification documents (in electronic form)to the City for the systems to be installed (as listed in Exhibit E, "Pricing Summary") n Deliver one complete set of documents (in electronic form) containing all known bugs in the version of the Baseline Software to be installed at the City o Identify participants, establish the schedule and location for the Business Practice Review sessions City Responsibilities: a Staff the City s project team b Coordinate with Tiburon to establish the schedule and location for the Project Briefing c Review formal agenda and presentation materials for Project Briefing and send revisions to Tiburon Project Manager d Ensure that all appropriate City personnel attend and actively participate in the Project Briefing e Arrange and provide tour of City facilities f Coordinate with Tiburon to establish the schedule and location for the Project Kickoff g Review formal agenda and presentation materials for Project Kickoff and send revisions to Tiburon Project Manager h Ensure that all appropriate City personnel attend and actively participate in the Project Kickoff i Work with Tiburon to determine the schedule, location, and agenda for the Business Practice Review sessions j Review formal agenda and presentation materials for Business Practice Review sessions and send revisions to Tiburon Project Manager Completion Criteria: Tiburon will produce the following deliverables as part of this task Recommendation for Cttys participants Project Briefing Project Kickoff Known bus in baseline and ancillary systems Baseline Specifications documents Business Practice Review Sessions are scheduled City of Kent, WA Exhibit A—Statement of Work Page 9 of 42 :dr'ait:9/18i02 6. Task. Business Practice Review and Baseline Testing(iterative) Description: The Ousiness Practice Review)is a process of evaluating the City s existing business practices and requirements in conjunction with the functionality of the Tiburon system to be installed This task is iterative and not concurrent It will occur once for CMSM, and once for RMSM and ARS The process consists of a series of on-site review meetings at a City facility using a demonstration system to evaluate each element of the Tiburon system to identify and validate all requirements for tailoring'and the implementation of internal and external interfaces as identified in the following. • Functionality documented in the Tiburon response to the RFP • Functionality documented in any amendments to the Tiburon response to the RFP • Functionality documented in Tiburon's response to the City s questions • Functionality documented in the Baseline Specification bocuments� Tiburon will work with the appropriate City staff to identify and document all tailoring for each Tiburon system and interface to be installed, and any other missing requirements in the Baseline Specification documents Standard system tailoring includes the renaming of agency-specific data elements and the reformatting of existing data-entry screens (e g , re-arranging field locations on a screen), as well as defining site-specific parameters Standard tailoring does not include source code changes to the application software, database layouts, report output column headers or formatting, or additional interfaces to internal or external databases or systems All such system changes are considered system customization, and, if not included as specific project deliverables, will be provided on a change order basis The City will also perform baseline system testing using the on-site demonstration system, peripheral equipment and Baseline Specification documents The information gathered during the Business Practice Review will be summarized in the `Functional Software Design"document to be mutually agreed upon by Tiburon and the City Information from the Interface Control Documents7 along with detailed functionality for each interface will be included in the Functional Software Design document It will also contain any errors found by the City during baseline testing (Tiburon agrees to correct all errors noted in the Functional Software Design regardless of their severity Tiburon Responsibilities: a Prepare and deliver formal agenda and presentation materials for Business Practice Review sessions in electronic form to City Representative for review and input five (5) business days before the meeting date b Revise formal agenda and presentation materials based upon feedback provided by City Representative 6 The change order process begins after the contract is signed 7 Interface Control Documents are attachments to the Statement of Work City of Kent, WA Exhibit A—Statement of Work Page 10 of 42 :draft 9/18/02 c Provide on-site support to review, with City personnel, Tiburon's system and validate those items to be tailored to the City's requirements by Tiburon personnel who are familiar with each Tiburon system component b-d Provide a Windows 2000-based on skte demonstration system on-site for the durat+ea at the Business Practice Review that has all proposed applications and associated equipment This system will remain on-site to show all proposed functionality during each Business Practice Review session, and an additional four (4) contiguous business weeks for Baseline and ancillary system testing e Conduct an on-site detailed review of the City's business processes by subsystem (e g , CMSM,, RMSM) f Utilize the following along with a functional checklist to review Tiburon system functionality • Tiburon response to the RFP • Amendments to the Tiburon response to the RFP • Tiburon's response to the Citys questions • Baseline specifications g Identify areas where a City business process cannot be met with existing production application functionality Formalize findings in "Business Process Conflict"document and deliver in electronic form to City Representative h Perform needs analysis and document the technical specifications and detailed functional description for each interface in the Functional Software Design document I Document all tailoring requirements in the Functional Software Design document Deliver the Functional Software Design document in electronic form to the City Representative within fifteen (15) business days after Tiburon has completed the Business Practice Review for each system and received the requisite information from the City k Revise Functional Software Design document based upon feedback provided by City Representative within ten (10) business days after receipt of changes City Responsibilities: a Provide personnel who have operational expertise to analyze business practices in relation to Tiburon Application functionality b. Provide personnel to explain existing City business practices c Provide, upon request, currently existing information, data, records and documents Make design decisions as may be reasonably required to document business process changes necessary for the Tiburon systems d Provide,on request, currently existing information, record layouts and documents necessary to establish interfaces with all local and remote systems e Provide input for detailed specifications and definitions for interfaces to be delivered City of Kent, WA Exhibit A—Statement of Work Page 11 of 42 r�f"9/18/02 f Perform Baseline and ancillary system testing and Note any errors for input into the Functional Software Design document g Review the Baseline system documentation for accuracy and completeness, and note any corrections for input into the Functional Software Design document h Review and communicate to Tiburon any exceptions regarding the Functional Software Design document within twenty(20) business days after receipt of said document Completion Criteria: Tiburon will produce the following deliverables as part of this task On-site Demonstrations stem CMS/TI Functional Software Design document RMS/TI Functional Software Design document ARS Functional Software Design document CMS/TI Business Process Conflict document RMS/TI Business Process Conflict document ARS Business Process Conflict document 7. Task: Implementation Planning Tiburon will develop the Project Implementation Plan which includes the Project Implementation Schedule, Training Plan, Test Plan, Data Conversion Plan, Geographic File Plan, and Site Plan The Project Implementation Schedule will define the priorities and inter-dependencies among tasks Tiburon Responsibilities: a Solicit City input for Project Implementation Plan b Identify planned vacations and absences of the Tiburon project team, and incorporate absences into the Project Implementation Schedule c Complete the Project Implementation Schedule 9that was provided as a SIA exhibit using MS Project that shows all project tasks, deliverables, major milestones, and hardware/software warranty periods with • Item description • Name of responsible party • Task start and end dates • Task duration • Task inter-dependencies • Percentage complete (for SOW-level tasks) 9 Tiburon will develov and deliver a Project Imolementation Plan with the SIA that chows SOW tasks with description,startlstov dates,interdependency.duration and responsible yarty(City tasks will show which type of team participant is responsible for task comvietion) City of Kent, WA Exhibit A—Statement of Work Page 12 of 42 =dr�ll�9iisioZ d Document and deliver the Training Plan that describes the approach for each phase. • Describes topics of training • Defines type of training • Identifies groups to be trained • Identifies training pre-requisites • Provides schedule and duration of training e Document and deliver the Test Plan that describes the approach for each phase • Identifies components to be tested • Defined roles and responsibilities of test participants • Describes test data • Describes test scripts • Describes test procedures Defines expected results f Document and deliver the Data Conversion Plan that identifies how the City's legacy data shall be converted into the Tiburon system • Files to be converted • Preparation work • Field mapping definitions (including how notes or memo-type fields will be handled) • Data inconsistencies 10and correction plan • Code table mapping definitions • Transfer data formats (e g ,ASCII or MS Excel) • Test plan for conversion g Document and deliver the Geographic File Plan that identifies how the City's legacy data shall be converted into the Tiburon system • Files to be converted • Preparation work • Field mapping definitions • List of separate, discrete TGF fields required for Geo file conversion • Data inconsistencies and correction plan • Code table mapping definitions • Transfer data formats • Test plan for conversion h Document and deliver the Site Plan • Hardware specification rasemmendatiea reflects appropriate sizing and performance to accommodate the City's 5-year growth estimate • Tiburon approved HP/Compaq configuration based on the hardware specrficatior� • Visio diagram of data center and network • Network overview • Training room layout and equipment • Tiburon system topology Remote access methodology • Warranty periods and future maintenance costs for Tiburon supplied hardware and software 10 Example A CDS field that must be split into 2 Tiburon fields 2 CDS fields that must be concatenated into I Tiburon field City of Kent, WA Exhibit A—Statement of Work Page 13 of 42 :dra 669nsioz I.� i Deliver aforementioned schedule and plans in electronic form for review and input by the City Representative. I Revise aforementioned schedule and plans based upon feedback provided by City Representative within fifteen (15) business days of receipt of changes. City Responsibilities: Note The following tasks may be completed to linear fashion, so that the deadlines do not overlap a Provide input to Tiburon to develop the Project Implementation Schedule including planned vacations and absences of the Citys project team b. Review and communicate to Tiburon any exceptions to the Project Implementation Schedule within thirty(30) business days upon receipt c Review and communicate to Tiburon any exceptions regarding the Training Plan fifteen (15) business days after receipt of said document d Review and communicate to Tiburon any exceptions regarding the Test Plan fifteen (15) business days after receipt of said document e Review and communicate to Tiburon any exceptions regarding the Data Conversion Plan within fifteen (15) business days after receipt of said document f Review and communicate to Tiburon any exceptions regarding the Geographic File Plan within fifteen (15) business days after receipt of said document g Review and communicate to Tiburon any exceptions regarding the Site Plan fifteen (15) business days after receipt of said document Completion Criteria: Tiburon will produce the following deliverables as part of this task Project Implementation Schedule Training Plan Test Plan Data Conversion Plan Geographic File Plan Site Plan a. Task: JEquipment Staging Description: Tiburon will install a subset of the complete hardware configuration in the Tiburon development center in I All servers and sufficient workstation and peripheral equipment to the support moral software installation, tailonns, and testing of the software products City of Kent,W A Exhibit A—Statement of Work Page 14 of 42 �drafi^. -'";/18/02 accordance with the Site Plan The equipment to be delivered will be sufficient to support initial software installation, application program tailoring, initial interface development, and testing activities Tiburon Responsibilities: a Provide the City with a finalized hardware configuration list in electronic form, all associated workstations, printers, digital camera, bar code scanning, communications and related components b Provide the City with address and contact information for the equipment delivery to the Tiburon development center c Provide City with a signed written inventory list, including manufacturer, vendor, description, quantity and serial numbers of equipment and software delivered to the Tiburon development center d Install, test and configure the computer hardware, system software and peripheral equipment (e g , workstations, TIPS and Bar Code equipment, printers) in the Tiburon development center e. Install, test and configure the primary database software (i e , Oracle) and file structure f Install, test, and configure the Tiburon baseline RMS/TI, CMS/TI and ARS software g Install, test, and configure the ancillary system software h Install and test the Third-Party software (per Exhibit E, Pricing Summary) i Assume responsibility for installation and testing of all hardware and software in the Tiburon Development Center I Populate the CMS/TI, RMS/TI and ARS with standard code table values k Document testing results in Tiburon's error tracking system Grant City access to this system to view problems (and their resolution)that occurred during testing Enable the City to view errors by subsystem I Correct errors found during hardware and software testing Oity Responsibillties;: a Acquire the hardwarel2 in accordance with the Tiburon approved hardware configuration list including all servers and sufficient workstation equipment to support initial software installation, tailoring, and testing of the software products b Acquire Third-Party software in accordance with Pricing Summary c Accept hardware delivery at the Tiburon Development Center based on the Tiburon provided inventory list Or, at the City's option and expense, send City representative(s) to the Tiburon development center to verify the receipt, installation and operation of computer equipment 12 City will buy HP/Compaq servers not DELL egumment City of Kent, W A Exhibit A—Statement of Work Page 15 of 42 =dr��`"vnsio2 d Be available via telephone to address questions that arise during the software and hardware installation. e. Review baseline Testing Results Completion Criteria: Tiburon will produce the following deliverable as part of this task: Hardware Configuration List System with operating system software, database software, baseline software,ancillary systems,Third-Party software, and peripheral equipment installed and tested at Tiburon Development Center that is ready for tailoring Testinq Results 9. Task: IRMS(IT CMS/TI,ARS Software Taiioringi Description: Tailor and customize the Tiburon system in accordance with the Functional Software Design documents Tiburon Responsibilities: a Tailor and customize the system in accordance with the Functional Software Design documents b Test and verify the tailored system to ensure compliance with the Functional Software Design documents13 Correct errors found. c Document testing results in Tiburon's error tracking system Grant City access to this system to view problems (and their resolution)that occurred during testing Enable the City to view errors by subsystem. City Responsibilities: a Provide timely responses to Tiburon questions that may arise during system tailoring. b Review Testing Results Completion Criteria: Tiburon will produce the following deliverable as part of this task Tiburon certifies that all s sv tem tailoring system is complete according to the Functional Software Design documents and all errors noted in the Functional Software Design documents have been corrected The system is;tested, error #e4, and ready for Factory Acceptance Testing 13 The Functional Software Design documents include all errors found during City's Baseline System test City of Kent, WA Exhibit A—Statement of Work Page 16 of 42 Testing9/18/02 Results deeurtaeat A separate 'ask Completion Letter i vdl be generated for each major system CMS, RMS, and ARS 10. Task. General File Building(Iterative) Description: Tiburon will build a set of test/training files and for defining all production data files Tiburon will then train and assist City staff in the entry of agency-specific information such as code tables, unit identification, reporting area definition, etc This is an iterative task It shall occur once for CMS/Ti, once for RMSM and once for ARS Tiburon Responsibilities: a Build a set of test/training files and define all production data files b Populate standard values in code tables (e g., pick-list values, system default values) a Solicit input from City regarding tailoring code tables (e g , pick-list values, system default values) for City use, and train City personnel on how to change tables values c Review data forms provided to the City to complete for any data that Tiburon will be entering d Provide standard training sessions for City personnel on the entry of agency-specific data City Responsibilities a Develop and enter all agency-specific input data b Be responsible for the accuracy of the data provided c Ensure the participation of the appropriate personnel in the training session Completion Criteria. Tiburon will produce the following deliverable as part of this task Tiburon has trained the City staff on procedures for loading agency- specific data A separate Task Completion Letter will be generated for each major system CMS, RMS, and ARS 11. Task. Initial CAI S Data File Conversion Iterative Description: This task provides for the initial loading and data conversion of the City's police records and rail records files in accordance with the Data Conversion Plan This is an iterative task It will occur once for police records 0 a data from CDS1 and once for rail records (i e , data from JMS) This task must be completed prior to training City of Kent,WA Exhibit A—Statement of Work Page 17 of 42 r 0 9/18/0Z Tiburon Responsibilities: a Analyze City data and prepare the required conversion software to accept the files provided by the City and to create the necessary Tiburon application data files b Convert data and load resulting test files into Nei; op the Tiburon applications C. Analyze expected versus actual results d Review converted files with the City, document any problems, and collaborate with the City on a plan for corrective action(s) e Complete corrective actions assigned to Tiburon and repeat conversion (steps a-d) until the results are mutually agreed upon by Tiburon and the City f Document and deliver Initial Data GMS Conversion Results in electronic form including the disposition of all data mapping, any problem descriptions and their resolution, and any mutually agreed upon data inconsistencies 44-elestreais-ferat}to the City Representative City Responsibilities: a (Purge unnecessary records from the existing database ho ensure that the ASCII files provided to Tiburon contain only records the City intends Tiburon to convert b Provide Tiburon with a representative sample of the data to be converted, on mutually agreeable transmission media (e g , CD-ROM) c Review resulting files with Tiburon and, document any problems, and collaborate with Tiburon on a plan for corrective action(s) d Complete corrective actions assigned to the City e Review converted data in Tiburon applications and approve Initial Data GMS Conversion Results Completion Criteria: Tiburon will produce the following deliverable as part of this task Initial CMS Data Conversion Results and list of any mutually agreed upon data inconsistencies Load converted data into Tiburon subs terns A separate Task Completion Letter Will be generated for CMS and JMS h RwAnk.A.; nonvArtAd files with the City, d9OWFIF19Rt any pFeblems, and Gellabi;;Fate with the Gity 9A a plan fe City of Kent, WA Exhibit A— Statement of Work Page 18 of 42 =draft:. �•""9/18/02 w4h the FAR,AA City Responsibilitias G Review resulting fileg with Tlbwan and, deGurnent any pmblems, aF;d GG"abOFM9 With T-IbUFOR Gn a p 43.12 Task. Geographic File Conversion Description, Tiburon will implement the Geographic Conversion Process (GCP) to support the loading of data in the Tiburon Geographic File (TGF) format into Tiburon application software system files Once the geographic file data is converted for the implementation project, the City will be trained and responsible for on-going conversions using this same process i- In accordance with the Geographic File Plan_ This task must be completed prior to Integration Testing for CMSfTl sependewsy� Tiburon Responsibilities: a Obtain from the City a standard ESRI ArcView shapefile containing the street centerline segments to be supported by the application systems b Obtain from City all polygon boundary ArcView shapefiles representing reporting district(RD) or grids City of Kent, WA Exhibit A- Statement of Work Page 19 of 42 :draft= Ww"9/18/02 C. Assist the City in developing one (1) polypoint ArcView shapefile to be associated with Common Place Names d Use the Tiburon Geographic Conversion Toolkit (GCT)to convert the data into TGF format in preparation for loading the data into the database Convert the fointly developed ESRI ArcView polypoint shapefile into the associated commonplace file entries in TGF format Convert the City-provided street name alias and target address records into the required TGF formatted data ,lConvert the ESRI ArcView polygon shapefile data to generate and attach to the respective segment records the associated RD data. e Analyze expected versus actual results, and document results f Review the converted files with the City- Provide the City with information regarding the types of data errors that are identified during the GCP operation that require correction in the City-provided database Provide the City with listings of any geographic file data errors or warnings produced by the GCP process to be used for correction of City-provided information g Collaborate with the City on a plan for correction action h Complete corrective actions assigned to Tiburon and repeat steps (a•g) until the results are mutually agreed upon i Provide the City with the Tiburon Geofile Construction documentation for use in successful entry and conversion of commonplace name data from the ESRI ArcView polypoint shapefile The document will also be used in determining minimum and optional data requirements including the use of target address, street name alias, and commonplace name files Provide the software needed to allow batch loading of the Tiburon subsystems k Batch load converted files into Tiburon subsystems City Responsibilities, a Provide a standard ESRI ArcView shapefile containing the street centerline segments to be supported by the application systems b Provide all polygon boundary ArcView shapefiles representing reporting districts (RD) or grids. c Provide a geographic file coordinator to act as the point of contact regarding geographic data, conversion and loading issues d Provide the specified ESRI ArcView shapefdes for import into the GCT system either via network connection, by compatible tape drive or CD-ROM media e Provide this geographic database with all required (TGF) fields present as separate discreet fields, except those fields that are to be created by GCP or GCT City of Kent, WA Exhibit A—Statement of Work Page 20 of 42 raft9/18/02 f Review the Tiburon-provided definition of the types of geographic file data errors that may result in exceptions as part of the GCP process and determine a corrective plan of action g Review the Tiburon-provided rules necessary for the successful entry and conversion of commonplace data to aid in the conversion process. h Review the Tiburon-provided definition of the format to be used to create street name alias and target address records to aid in the conversion process i Provide all applicable polygon and point files required to define the complete database 1 Provide all ESRI and associated systems, software licenses and workstation equipment necessary for the entry and maintenance of the base geographic information k Complete correction actions assigned to the City I Responsible on-going geoffle correction and maintenance m Responsible for the content and accuracy of the geographic file and related data n Provide support for ongoing file conversion and reload on a scheduled basis Completion Criteria: Tiburon will produce the following deliverables as part of this task Data Conversion Results document including descriptions of warnings, descriptions and correction for data errors Tiburon Geofile Construction documentation Converted files are loaded onto the system's application database and ready for use 44.13. Task: Functional System Specification Description: The IAfermat+ea ia the Functional Software Design document (a deliverable from the Task Business Practice Review) and Rl@F4aGR GQRtFGl DGGI irnants will be used to modify the Baseline Specification documents to reflect the City-specific changes required for implementation The resulting document called "Functional System Specification"desurnent will reflect the unique tailoring,susteaezatiea error andcorrection, ancillary systems, interfaces and information transfer functions of the City_—�it Tiburon Responsibilities: a Creat the(Functional System Specification' documents for each Tiburon system aad'aterfase to be installed City of Kent, WA Exhibit A—Statement of Work Page 21 of 42 :draft;; 9l18/02 b. Document the ancillary systems and information transfer functions as follows* • Modify the user documentation to include a description, screen shot(s) and step-by-step instructions on how to use each ancillary system and information transfer function • Include a Technical Reference Section that provides the technical specifications and detailed functional description of each ancillary system c Document interfaces in two sections in the Functional Software Specification as follows • Modify the user documentation to include a description. screen shot(s) and step-by-step instructions for each interface and how to use it • Include a Technical Reference Section that provides the technical specifications and detailed functional description of each interface d Group City noted errors by subsystem or ancillary system e Deliver the Functional System Specifications (in electronic format) to the City Representative e f Revise Functional System Specification documents A.Rd AtAF4190 GAR491 GeGuments based upon feedback provided by the City Representative d- City Responsibilities, a Review the Functional System Specification document submitted by Tiburon and identify any specific deficiencies found de€isaenciee found- Completion Criteria: Tiburon will produce the following deliverables as part of this task. CMS Functional S stem Specification document RMS Functional S tem Specification document ARS Functional System Specification document A separate(Task Completion Letter Will be generated for each subsystem 4544. Task: Factory Acceptance Testing (iterative) Description: The City's functional testing ("Factory Acceptance Testing") of the Tiburon system will occur at Tiburon's City of Kent, WA Exhibit A—Statement of Work Page 22 of 42 =-u,J".-9118/02 Development Center This is an iterative task It shall occur once for CMS/fI, once for RMSM and once for ARS Tiburon will demonstrate the changes made to and-S�the Tiburon system The Functional Software Design documents and Functional System Specification will serve as the guideline for these demonstrations in conjunction with the Test Plan. The City will perform functional testing of each individual component of the Tiburon system Tiburon Responsibilities: a Provide workspace for a minimum of two (2) City personnel as requested Tiburon will provide workspace in accordance with its standard workspace requirements b Ensure workstations are located at each workspace and have access to the following • Tiburon system • Tiburon's error tracking system • MS Office • Print services • Internet c Ensure telephones are located at each of the workspaces and adjacent to the central processor for the duration of the project City will be responsible for all City initiated long-distance charges while on-site d Demonstrate the following for the Tiburon system in the Tiburon Development Center using the Functional Software Design and Functional System Specification documents as a test guideline . • Tailored functions • Ancillary systems and their interfaces • Information Transfer Functions • Corrected errors as noted in the Functional Software Design documents e Verify the completion of the following as and susiemizataen identified in the Functional Software Design documents • Tailored functions • Ancillary systems and their interfaces • Information Transfer Functions • Corrected errors as noted in the Functional Software Design documents f Document and review any discrepancies identified by the City g Correct and test any item as identified in the Functional Software Design Documents that is found to be incomplete or incorrect h Correct, test and document the resolution for priority one and priority two technical service requests(TSRs)that are created during Factory Acceptance Testing City Responsibilities: a Provide project personnel for participation in the functional tests conducted in the Tiburon development center All travel costs for the participants are the responsibility of the City b Verify all changes identified in the Functional Software Design and Functional System City of Kent, WA Exhibit A— Statement of Work Page 23 of 42 Specification documents -9/18/02 c Document each discrepancy between system functionality, the Functional Software Design and Functional System Specification documents. d Work with Tiburon to identity the type of correction needed to ensure that each system conforms to the Functional Software Design and Functional System Specification documents Completion Criteria: Tiburon will produce the following deliverables as part of this task Tiburon certifies that all system tailoring is complete according to the Functional Software Design documents, all errors noted in the Functional Software Design documents have been corrected, all P1 and P2 TSRs have been corrected The system 4 49stedis tested and ready for System Deployment Testing Results A separate Task Completion Letter will be generated for each subsystem 4615. Task: System Deployment Description: Install all computer, communications and related components onsite at the City facilities Tiburon Responsibilities: b De-install, package, and ship all City equipment in the Tiburon Development Center to the City facilities Tiburon is responsible for these costs 14 c Deliver, install, load software and configure all City equipment shipped from the Tiburon Development Center 15 d Assist with the installation and verify operation of interfaces to City-provided networks e. Provide the City with software configuration diskettes for any workstations to be loaded with Tiburon licensed software, and train City personnel on how to load software Assist City personnel to configure and verity operation of workstations a`f Provide System Administration training per the Training Plan Conduct on-site functional testing per the Test Plan g=h _Document test results in Tiburon's error tracking system Grant City access to this system to view problems (and their resolution) that occur during testing Enable the City to view errors by subsystem 14 Per Trish Layne • 15 City contracted Tiburon for 106 hours for server and related equipment set-up City of Kent, WA Exhibit A—Statement of Work Page 24 of 42 =draft�. -""9/18/02 €i Resolve and document resolution for priority one and priority two technical service requests (TSRs)that are created during this task City Responsibilities: a Provide facilities for the installation of the equipment in accordance with the Site Plan b Provide, configure and install all equipment not identified as contract deliverable C Complete any required console and related modifications d Provide and install all network cables not provided by Tiburon and verify both network and PC operation e Perform site modifications per the Site Plan f Provide and install all necessary Uninterruptible Power Supply(UPS) equipment not provided by Tiburon g Learn how to load, configure and verify operation of Pity-installed workstation software Install, configure and confirm operation of workstations (i e , PC,laptop, MDC) software 16 h Attend System Administration Training in accordance with the Training Plan i Perform necessary database backups on a scheduled basis based upon Tiburon's recommendations, and store these backups in a secure location. I Participate in on-site functional testing per the Test Plan Completion Criteria: System with operating system software, database software, baseline software, ancillary systems,Third-Party software, and peripheral equipment installed and tested at City facility System has all tailoring and error correction completed, along with the initial converted data loaded into the subsystems Testing Results A separate task completion letter will be generated for each major system- CMS, RMS, and ARS 44X16 Task: Develop System Interfaces(Iterative) Description* All interfaces will be developed, installed, integrated and tested This is an iterative task It shall occur once for CMSITI, once for RMSIfI and once for ARS Tiburon Responsibilities: a Design, develop and install software required for the interfaces in accordance with the Functional 16 Software will be loaded on a limited number of workstations for testing purposes City of Kent, WA Exhibit A—Statement of Work Page 25 of 42 :draft= 0'b9(18/02 Software Design documents. b Test and verify the interfaces ko ensure compliance with the Functional Software Design documents. Correct errors found. c Document testing results in Tiburon's error tracking system Grant City access to this system to view problems (and their resolution)that occur during testing. Enable the City to view errors by subsystem. d Demonstrate the functionality of each interface in accordance with the Functional Software Design document e Validate that all product tailoring as identified in the Functional Software Design document has been completed f Resolve and document resolution for priority one and priority two technical service requests (TSRs)that are created during this task City Responsibilities: a Assume responsibility for outside system changes, which may affect the interface specifications as defined in the Functional Software Design document b Provide and install all communications lines and equipment not provided by Tiburon c Provide required liaison support with the other agencies and City vendors required to support the . installation of the interfaces d Ensure the necessary technical support is made available for installation, testing and demonstration of the interfaces e Review testing results Completion Criteria. Tiburon will produce the following deliverable as part of this task Tiburon certifies that all interfaces are complete according to the Functional Software Design documents The system is tested and ready for testing by the City Testing Results A separate Mask Completion Letter will be generated for each interface 4&17. Task: Integration Testing(iterative) Description: Perform integration tesuw-oftestino of system and interfaces to ensure that the complete system operates as defined in the Functional Software Design and Functional System Specifications documents. City of Kent, WA Exhibit A—Statement of Work Page 26 of 42 oral►=_. . 9118/02 This is an iterative task and is not concurrent It shall occur once for CMS/Ti, once for RMSM and once for ARS Integration Testing for each subsystem will include the following CMS/Ti Integration Testing will include all of its modules, interfaces, ancillary systems and information transfer functions RMSM Integration Testing will include all of its modules, interfaces, ancillary systems and information transfer functions, and all components of the CMSM Integration Testing ARS Integration Testing will include all of its modules, interfaces, ancillary systems and information transfer functions, and all components of the CMS/Tr and RMSM Integration Testing Tiburon Responsibilities: a Demonstrate all inter-system communications between Tiburon subsystems, ancillary systems interfaces, and hardware equipment operate in accordance with the Functional System Design and Functional System Specification documents b Assist the City in testing each interface C. Review any discrepancies which are identified by the City d Document testing results in Tiburon's error tracking system Grant City access to this system to view problems (and their resolution) that occur during testing Enable the City to view errors by subsystem e Resolve and document resolution for priority one and priority two technical service requests (TSRs)that are created during this task f Certify system is ready for production use City Responsibilities: a Test and verify all inter-system communications between installed Tiburon systems and between Tiburon and non-Tiburon systems to ensure conformance with the Functional Software Design and Functional System Specifications documents b Document each discrepancy between system functionality and the Functional System Specification documents c Review test results Completion Criteria: Tiburon will produce the following deliverable as part of this task Tiburon certifies that the system and interfaces are complete according to the Functional Software Design and Functional System Specification documents, and ready for production use Testing Results A separate Task Completion Letter Mall be generated for each interface City of Kent,WA Exhibit A—Statement of Work Page 27 of 42 r -YN ww'9/18/02 � 4,R18. Task.• Training(iterative) Description: A 4raining program i vill be developed and scheduled for the City, and then conducted at a City facility to thoroughly train City Training personnel on the use of all software and hardware components of the Tiburon system, and City Technical personnel on the operation and support of the Tiburon system Tiburon will provide City-specific documentation that includes training materials,technical and user manuals, and supplemental information (i e , systems schema, data dictionary, error code dictionary) This is an iterative task and not concurrent It shall occur as follows • Support training • CMS/Ti training • RMS/Ti including ARS training • CMS/Ti refresher training • RMS/Ti refresher training • ARS refresher training (once) Refresher training Will be provided on each subsystem and associated interfaces, ancillary systems and information transfer functions The system used for training will be the same system that has successfully passed the Citys Factory Acceptance and Integration testing This system has been tailored to City requirements and includes all ancillary systems, interfaces, information transfer functions, and initial data conversion The system will also have all code tables populated with standard and City-specific values There will be no differences in the software version level of this system versus the system designated for production use It will also have the peripheral equipment supplied by Tiburon(e g , image capture and scanning equipment) Training on each of the interfaces, ancillary systems, information transfer functions and hardware will be incorporated into the subsystem that uses that feature Tiburon Responsibilities: a Provide training for City personnel at a City facility for all Tiburon supplied software and hardware, and on a mutually agreed-to schedule Training will be provided on all standard shifts, not to exceed eight hours per 24-hour period b Prepare system for training environment c Modify the training materials to reflect the City's unique tailoring, ancillary systems, interfaces, information transfer functions, and Tiburon-supplied hardware b- b-d Provide one (1) complete set of printed training materials, including course descriptions and prerequisites, lesson plans, and workbooks for the courses in the form of reproducible black and white masters and machine-readable in Microsoft Word 9717 or higher format, based upon Tiburon's documentation standard at the time of delivery Training materials to be delivered 10 business days prior to training 17 The MS Word training and technical documents shall be"unlocked"to allow the City to edit the training materials City of Kent, WA Exhibit A—Statement of Work Page 28 of 42 =draft.9/18/02 e Modify the technical and user manuals to reflect the City's unique tailoring, ancillary systems, interfaces and information transfer functions f Provide one(1)complete set of printed technical and user manuals for all Tiburon supplied software and hardware in the form of reproducible black and white masters and machine-readable in Microsoft Word 97 or higher format, based upon Tiburon's documentation standard at the time of delivery Manuals to be delivered 10 business days prior to training g Prepare and deliver City specific system schema, data dictionary and error code dictionary (in electronic format) to the City Representative h Revise technical and user manuals, and supplemental documentation based upon feedback provided by the City Representative i Use the lesson plans to test Training Room equipment prior to conducting training to ensure correct operation of Tiburon system f Allow the City to videotape any training class for the purpose of presentation to future City training classes G- e k Participate in an interview with the City for the purposes of the City determining the questions to be administered as part of the City's training exam I Assist the City with the setup and testing of Training room workstations d-m Resolve and document resolution for priority one and priority two technical service requests (TSRs)that are created during this task e-n The number and duration of training classes lto be provided are as follows Support Training Sessions Session Maximum Number j Total Duration Participants of Training (Hours) Sessions Hours Automated Reporting System (ARS)Training 16 8 1 16 MSS System Administration Training 24 4 1 24 Reformatter Training 24 4 1 24 Geographic Conversion Toolkit(GCT) 20 4 1 20 Training Crystal Reports Developer Overview Training 8 8 1 8 Crystal Reports Developer Advanced Training 16 8 2 32 Web Query(Advanced) Training 24 8 1 24 Total Support Training Hours. 148 City of Kent,WA Exhibit A—Statement of Work Page 29 of 42 "gVr"""9/18/02 Application Duration Participants Sessions Training (Hours) Hours System Set-up (Code Tables/Authorization 24 8 1 24 Files) WebOuery 8 8 1 8 Alpha/Incident/LocationNehicle 8 8 1 8 Property and Evidence (including gun 8 8 1 8 registration and pawned property) Arrest and Booking 8 8 1 8 Restraining Orders 2 8 1 2 Special Flags 2 8 1 2 Case Management 1 8 1 1 Crime Analysis' 40 8 1 40 Gang System 1 8 1 1 Incident Report Writing 2 8 1 2 Juvenile Records 2 8 1 2 Licenses and Permits 1 8 1 1 Traffic Management 2 8 1 2 Uniform Crime Reporting (UCR) 24 8 1 24 RMS Supplementary Training"' 28 TBD 2 56 ARS Supplementary Training"' 16 TBD 1 16 Total Application Training Hours—RMS/Ti 205 Application Training Sessions: CMS/TI Session Maximum Number of Total Duration Participants Sessions Training Hours City of Kent, WA Exhibit A—Statement of Work Page 30 of 42 =ar�afApplication Training Sessions: CMSrri Session Maximum �vnsioz Numberof Total Duration Participants Sessions Training Hours System Set-up (Code Tables/Authorization 24 8 1 24 Files) WebQuery 8 8 1 8 Alpha System 8 8 1 8 Facility Management 8 8 1 8 Booking 8 8 2 16 Release Processing 8 8 2 16 Classification 8 8 1 8 Incident/Disciplinary Reporting 8 8 1 8 Inmate Money Accounting 8 8 1 8 Inmate Programs 8 8 1 8 Inmate Property Management 8 8 1 8 Medical Processing 8 8 1 8 Visitor Control 8 8 1 8 CMS Supplementary Training"' 28 TBD 2 56 Total Application Training Hours—CMSifi. 192 City Responsibilities: a Review the documentation submitted by Tiburon and identify any specific deficiencies found a-b Designate and assign personnel with basic Windows software skills to receive training not to exceed the class size listed in the table above b-c Provide a suitable classroom facility with computer workstation equipment for each staff member participating in the training session and a computer workstation for the instructor. The room must be able to be darkened and include a projector as well as a whiteboard or equivalent s-d Publish and provide a copy of the documentation supplied by Tiburon to each student in the training classes d-e Provide training for all remaining City personnel per the Project Implementation Schedule City of Kent, WA Exhibit A—Statement of Work Page 31 of 42 :d„rafl=9ns/oa s-f Pay for travel and per diem expenses for City staff electing to attend any off-site training classes offered by Tiburon and selected by the City ffy_Develop, conduct, and administer an exam upon completion of each training session ,Completion Criterial: Tiburon will produce the following deliverables as part of this task One complete set of printed City-specific training materials One complete set of City-specific technical and user manuals for all Tiburon supplied software and hardware City specific system schema, data dictionary and error code dictionary Support training CMSM training RMSM and ARS training CMS/Ti refresher training RMS/T: refresher training ARS refresher training A separate Task Completion Letter will be generated for each subsystem 2419. Task: Performance Test Oterafrve) Description: Conduct Performance Testing in accordance with the Test Plan Tiburon shall demonstrate performance levels as described in Attachment At, "Performance Test Criteria"of the SOW This is an iterative task and is not concurrent It shall occur once for CMSM, once for RMSM and once for ARS Performance Testing for each subsystem will include the following CMSM Performance Testing will include all of its modules, interfaces, ancillary systems and information transfer functions. RMSM Performance Testing will include all of its modules, interfaces, ancillary systems and information transfer functions, and all components of the CMSM Performance Testing ARS Performance Testing will include all of its modules, interfaces, ancillary systems and information transfer functions, and all components of the CMSM and RMS/Ti Performance Testing. Tiburon Responsibilities: a Verify successful completion of Factory Acceptance Testing and Integration System Testing for the subsystem b Work with City personnel to develop a test script at least 22 calendar days prior to the start of the performance tests c Work with City personnel to define and provide a mutually agreed upon measurement process to record the results of the performance tests City of Kent, WA Exhibit A—Statement of Work Page 32 of 42 dr� g Assist the City inperforming the test process 9i18102 h Make software modifications required in the event that the system fads to meet the proposed performance criteria The City and Tiburon will re-test the system after the software modifications have been made i Revise the Cdy's system documentation to reflect software modifications. This documentation includes, • Technical and user manuals • System schema • Data dictionary • Error code dictionary Provide modified documentation to the City Representative in the form of Microsoft Word 97 or higher format, based upon Tiburon's documentation standard at the time of delivery f Document testing results in Tiburon's error tracking system Grant City access to this system to view problems (and their resolution) that occur during testing Enable the City to view errors by subsystem k Resolve and document resolution for priority one and priority two technical service requests (TSRs) that are created during this task City Responsibilities: a Assist Tiburon with the development of the measurement process to record the results of the performance tests b Assist Tiburon with the development of the test script c Provide City staff to enter data and transactions during the test period d Perform the performance test script with the assistance of Tiburon e Ensure that the results of the performance test are within the specified limits Completion Criteria. Tiburon will produce the following deliverables as part of this task Performance test script Measurement process to record the results of the performance tests Performance test results Modified technical and user manuals (if software modifications made to system) A separate Task Completion Letter will be generated for each subsystem 24.20 Task: Final Data Conversion(iterative) Description: City of Kent, WA Exhibit A—Statement of Work Page 33 of 42 :draft ""9/18/02 Final conversion of the specified City data files into the Tiburon licensed applications in accordance with the Data Conversion Plan This is an iterative task It shall occur once for CMS/Ti and once for RMSM. Tiburon Responsibilities: a. Accept the complete set of data files to be converted, and execute the conversion programs in accordance with the Data Conversion Plan b Convert data and load resulting test files into the Tiburon applications c Analyze expected versus actual results d Review converted files with the City, document any problems, and collaborate with the City on a plan for corrective action(s) e Complete corrective actions assigned to Tiburon and repeat conversion (steps a-d) until the results are mutually agreed upon by Tiburon and the City f Document and deliver Final Data Conversion Results in electronic form including the disposition of all data mapping, any problem descriptions and their resolution, and any mutually agreed upon data inconsistencies to the City Representative City Responsibilities: a Purge unnecessary records from the existing database to ensure that the ASCII files provided to Tiburon contain only records the City intends Tiburon to convert b Provide Tiburon with the complete set of data files to be converted c Review resulting files with Tiburon and, document any problems, and collaborate with Tiburon on a plan for corrective action(s) d Complete corrective actions assigned to the City e Review converted data in Tiburon applications and approve Final Data Conversion Results Completion Criteria: Tiburon will produce the following deliverables as part of this task. Initial CMS Data Conversion Results and list of any mutually agreed upon data inconsistencies Load converted data into Tiburon subsystems A separate Task Completion Letter will be generated for CMS and JMS 21. Task: Final System Equipment Installation (Iterative) Description: Install, setup, configure and test all remaining computer and related equipment (e g , scanners, workstations, laptops, MDCs, printers) required for production operation This is an iterative task It shall City of Kent, WA Exhibit A—Statement of Work Page 34 of 42 i .draft== "9118102 occur once for CMS/Ti, once for RMSMand once for ARS Tiburon Responsibilities: a Deliver, install, setup, configure and test all remaining Tiburon-supplied hardware and software b Assist City 18to install, configure and confirm operation of remaining workstation, laptops and MDCs City Responsibilities: a Load Tiburon software, setup and configure remaining workstations, laptops and MDCs b Install, setup, configure and test all remaining non-Tiburon supplied hardware and software Tiburon will produce the following deliverable as part of this task. List of installed equipment (serial number, description, install location) that is certified and ready for production operation A separate Task Completion Letter will be generated for each subsystem 22. Task: System Cutover(iterative) Description: Once the Factory Acceptance, Integration and Performance testing is complete as well as the final data conversion, Tiburon will certify the system as operational and ready for production use Tiburon will notify the City when each system is ready for operational status Tiburon will assist the City in placing the system in production status, and provide on-site support staff for up to five consecutive days for each subsystem This is an iterative task and is not concurrent It shall occur once for CMSM, once for RMSM and once for ARS Cutover for each subsystem will include the following CMSM cutover will include all of its modules, interfaces, ancillary systems and information transfer functions RMS/Ti cutover will include all of its modules, interfaces, ancillary systems and information transfer functions, and all components of the CMS/Ti cutover ARS cutover will include all of its modules, interfaces, ancillary systems and information transfer functions, and all components of the CMSM and RMSM cutovers �he City may wish to delay the actual cutover of specific subsystems until other subsystems have been in use and are being used satisfactorily Tiburon Responsibilities: 18 The City contracted 40 hours from Tiburon to install and configure Tiburon software onto workstations,and verify their operation City of Kent, WA Exhibit A—Statement of Work Page 35 of 42 =draft -'""9/18/02 a Notify the City when each system is ready for production operation. b Assist the City in placing the system into a production status and setting up a test environment that is identical to the production system c Monitor the initial operation of the system both technically and functionally for up to five consecutive days following initial cutover and answer questions by the City d Provide the services of one(1)technical resource and one (1)training resource for a maximum of eight (8) hours per day on all standard shifts for five (5) consecutive days e Assist the training staff in utilizing the system and the computer operations staff in supporting the system f Document testing results in Tiburon's error tracking system Grant City access to this system to view problems (and their resolution)that occur during testing Enable the City to view errors by subsystem g Document technical service requests Resolve and document resolution for priority one and priority two technical service requests that are created during this task I If software modifications are made to the system, revise the City's system documentation to reflect them This documentation includes • Technical and user manuals • System schema • Data dictionary • Error code dictionary Provide modified documentation to the City Representative in the form of Microsoft Word 97 or higher format, based upon Tiburon's documentation standard at the time of delivery. City Responsibilities: a Place the software into production and begin operational use in consultation with Tiburon and in accordance with the Project Implementation Schedule b Document errors on technical service requests (TSRs) Completion Criteria: Tiburon will produce the following deliverable as part of this task* System is placed in production operation Modified technical and user manuals (if software modifications made to system) A separate Task Completion Letter will be generated for each subsystem 23. Task: System Reliability(Iterative) Description: City of Kent, WA Exhibit A—Statement of Work Page 36 of 42 �raf"9/18/02 This task will verify that the system demonstrates reliable operation in a production environment as defined in Attachment A2, "System Reliability Criteria"of this SOW In brief, System Reliability will demonstrate system availability levels at 99.5% or better for a forty-five(45) day consecutive period This is an iterative task and is not concurrent It shall occur once for CMS/Ti, once for RMS/Ti and once for ARS System Reliability for each subsystem will include the following CMS/Ti System Reliability will include all of its modules, interfaces, ancillary systems and information transfer functions RMS/Ti System Reliability will include all of its modules, interfaces, ancillary systems and information transfer functions, and all components of the CMS/Ti system ARS System Reliability will include all of as modules, interfaces, ancillary systems and information transfer functions, and all components of the CMS/Ti and RMS/Ti systems Tiburon Responsibilities: a Respond to problems or system failures detected b Provide system corrections as required c Document problems in Tiburon's error tracking system Grant City access to this system to view problems (and their resolution) that occurred during the reliability period Enable the City to view errors by subsystem) d Document testing results in Tiburon's error tracking system Grant City access to this system to view problems (and their resolution) that occur during testing Enable the City to view errors by subsystem e Resolve and document resolution for priority one and priority two technical service requests (TSRs) that are created during this task d If software modifications are made to the system, revise the City's system documentation to reflect them This documentation includes • Technical and user manuals • System schema • Data dictionary • Error code dictionary Provide modified documentation to the City Representative in the form of Microsoft Word 97 or higher format, based upon Tiburon's documentation standard at the time of delivery f Prepare and deliver a complete list of"minor" problems to the City Representative within five (5) business days following completion of the Reliability period g Correct"minor" problems during the project implementation or warranty period City Responsibilities: a Utilize and monitor the operation of the system in a production environment b Log all occurrences of system failures City of Kent, WA Exhibit A— Statement of Work Page 37 of 42 :dra c Notify Tiburon in the event of system problems or failures f49n8ro2 d Ensure results of System Reliability are within the specified limits Completion Criteria: Tiburon will produce the following deliverables as part of this task System has met the System Reliability criteria "Minor" problem list and completion schedule. Modified technical and user manuals (if software modifications made to system) A separate Task Completion Letter will be generated for each subsystem 24. Task. Total System Reliability Description: This task will verify that the total, integrated Tiburon system demonstrates reliable operation in a production environment as defined in Attachment A3, "Total System Reliability"to this SOW. In brief, Total System Reliability will demonstrate system availability levels at 99 5% or better for a sixty(60) day consecutive period Tiburon Responsibilities: a Respond to problems or system failures detected b Provide system corrections as required c Document problems in Tiburon's error tracking system Grant City access to this system to view problems (and their resolution) that occurred during the reliability period Enable the City to view errors by subsystem) d Resolve and document resolution for priority one and priority two technical service requests (TSRs)that are created during this task m If software modifications are made to the system, revise the City's system documentation to reflect them This documentation includes. • Technical and user manuals • System schema • Data dictionary • Error code dictionary Provide modified documentation to the City Representative in the form of Microsoft Word 97 or higher format, based upon Tiburon's documentation standard at the time of delivery e Prepare and deliver a complete list of"minor" problems to the City Representative within five (5) business days following completion of the Reliability period City of Kent, WA Exhibit A—Statement of Work Page 38 of 42 draft - ""9/18/02 f Correct"minor" problems during the protect implementation or warranty period g Present the Master Support Agreement to the City for execution h Present the Software License Agreement to the City for execution City Responsibilities: a Utilize and monitor the operation of the system in a production environment. b Log all occurrences of system failures C Notify Tiburon in the event of system problems or failures d Ensure results of Total System Reliability are within the specified limits Completion Criteria: Tiburon will produce the following deliverables as part of this task System has met the Total System Reliability criteria, and is certified "Minor" problem list and completion schedule Modified technical and user manuals (if software modifications made to system) A Task Completion Letter will be generated for the system City of Kent, WA Exhibit A—Statement of Work Page 39 of 42 r�f1'9/18/02 ATTACHMENT At PERFORMANCE TEST CRITERIA The purpose of the performance test is to ensure that the Tiburon supplied software responds within the parameters described below At the end of this test d system performance has not met or exceeded this required level,the performance test will continue until this level of performance has been demonstrated Tiburon shall not be responsible for problems caused by non-Tiburon supplied systems A response time of three(3)seconds or less for ninety-five percent(95%) of all qualifying transactions entered is required.Transaction time is measured from the time the user hits the"enter" key to submit the transaction to the time the first character or page of output appears on the screen Qualifying transactions include. ' Data Entry • Data Updates ` Data Retrieval ■ Inquiries and Reports ' Help Requests ■ Information Transfer Functions The System Performance Testing parameters are contingent upon the following provisions. 1) Qualifying Transactions exclude the following transactions or processes, and will not be run concurrently with the System Performance Test period ■ Ad hoc Inquiries/Reports • Data Base Creation facilities ■ Batch processes ' System updates—,code table builds/rebuilds ■ Program compiling, linking, etc • External inquiry'processes/updates ' Mobile inquiry processes/updates/communication] • Data Base Maintenance - Backups - Data Base Purges - Data Base/Index Restructuring Indexed responses exceeding 500 returns (i.e Search on John Smith cannot return more than 500 names) 2) During System Performance Testing, the system must not be constrained by non-Tiburon supplied applications 3) Minimum of fifty (50) concurrent users during test 4) Period of performance test will be a minimum of one (1) hour Tiburon will not provide contractual response time guarantees outside the immediate local network. Response times, negatively impacted by network issues beyond Tiburon's control, will require additional test comparison via a dedicated sub-network connection to the primary server City of Kent, WA Exhibit A—Statement of Work Page 40 of 42 'dr 0't 9i18i02 ATTACHMENT A2 SYSTEM RELIABILITY CRITERIA The purpose of the System Reliability Period is to demonstrate Tiburon system availability levels of 99 5% or better for a forty-five (45) day consecutive period At the end of this System Reliability Period, it system availability has not met this required level, the System Reliability Period will be extended until this level of reliability has been demonstrated for forty-five (45) consecutive days City network or equipment failures will stop the reliability calendar, as mutually agreed upon, until the failures are resolved with the exception of individual workstations. The system will be considered "down"when a Priority One (P1) or Priority Two (P2) problem is reported to Tiburon Any areas of non-compliance with the Software Design or Functional System Specification documents identified during the System Reliability Period will be reported as a P1 or P2 Any re-occurring problem, whether resolved or not, will be unacceptable unless it is a known bug that was provided to the City during the Business Practice Review Scheduled system unavailability for the purpose of software update, performance tuning, file backups, and other processes typical in a production environment that are not related to error correction is not considered downtime In the event that the system is considered to be"down"during this reliability period,one of the following will occur • Priority One and Priority Two problems are immediately diagnosed and corrected After installation and testing of the appropriate corrections, and restoring the system to full operation, the reliability period will resume In addition, the system must run without error for 14 calendar days after the system is returned to service even if this extends the 45-day System Reliability Period • Priority Three or Four problems will be logged and then corrected,tested and demonstrated during or following the System Reliability Period The problem is documented as a"minor'system problem,the system not removed from on-line operation and the system is not considered down During the System Reliability Period, Tiburon will develop a list of"minor"system problems This list will be completed and delivered to the City representative within five(5) business days following the completion of the System Reliability Period These items, plus any others which are found as the system moves into full production operations, will be addressed and corrected in a timely manner during the protect implementation or warranty period according to a mutually agreed to schedule As an additional prerequisite to complete the System Reliability Period, there will be zero (0) instances of a Priority One or Priority Two problem for the last fourteen (14) consecutive days of the System Reliability Period City of Kent, WA Exhibit A—Statement of Work Page 41 of 42 ATTACHMENT A3 f� 9/18/02 TOTAL SYSTEM RELIABILITY CRITERIA The purpose of the Total System Reliability Period is to demonstrate Tiburon system availability levels of 09.5%'or better for a sixty (60) day consecutive period. At the end of this Total System Reliability Period, if system availability has not met this required level,the Total System Reliability Period will be extended until this level of reliability has been demonstrated for sixty (60) consecutive days City network or equipment failures will stop the reliability calendar, as mutually agreed upon, until the failures are resolves with the exception of individual workstations The system will be considered"down"when a Priority One (P1) or Pnonty Two (P2) problem is reported to Tiburon Any areas of non-compliance with the Software Design or Functional System Specification documents identified during the Total System Reliability Period will be reported as a P1 or P2 Any re-occurring problem, whether resolved or not, will be unacceptable unless it is a known bug that was provided to the City during the Business Practice Review Scheduled system unavailability for the purpose of software update, performance tuning,file backups, and other processes typical in a production environment that are not related to error correction is not considered downtime In the event that the system is considered to be "down" during this reliability period, one of the following will occur, Priority One and Priority Two problems are immediately diagnosed and corrected After installation and testing of the appropriate corrections, and restoring the system to full operation,the reliability period will resume In addition, the system must run without error for 14 calendar days after the system is returned to service even it this extends the sixty-day Total System Reliability Period Priority Three or Four problems will be logged and then corrected, tested and demonstrated during or following the Total System Reliability Period The problem is documented as a"minor"system problem, the system not removed from on-line operation and the system is not considered down During the Total System Reliability Period,Tiburon will develop a list of"minor" problem as described above This list will be completed and delivered to the City representative within five (5) business days following the completion of the Total System Reliability Period These items, plus any others which are found as the system moves into full production operations, will be addressed and corrected in a timely manner during the project implementation or warranty period according to a mutually agreed to schedule As an additional prerequisite to complete the Total System Reliability Period, there will be zero (0) instances of a Priority One or Priority Two problem for the last fourteen (14) consecutive days of the Total System Reliability Period City of Kent, WA Exhibit A—Statement of Work Page 42 of 42 EXHIBIT 2 To Tiburon System Implementation Agreement INITIAL PROJECT SCHEDULE The following Exhibit is attached to, incorporated into, and forms part of the Tiburon System Implementation Agreement, October 31, 2002, between the City and Tiburon (herein referred to as the "Agreement'), Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement,the terms and conditions set forth in the Agreement shall prevail Kent SIA 091702 doc Page 1 of 1 Exhibit C EXHIBIT 3 To Tiburon System Implementation Agreement MILESTONE PAYMENT SCHEDULE The following Exhibit is attached to, incorporated into, and forms part of the Tiburon System Implementation Agreement, October 31, 2002, between the City and Tiburon (herein referred to as the "Agreement") Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail Hardware& Contract Milestone Software Services Total Percentage Contract Execution $ - S 120,860 00 $ 120 860 00 10 00% Business Process Review Complete $ 10,000 00 S 171,300 00 $ 181,300 00 1500 System Delivered &Operational $ 239,790 00 $ 1,93500 $ 241,725 00 20 00% CMS Cutover $ - $ 120,86000 $ 120,86000 1000%v RMS Cutover $ $ 120.860 00 $ 120,860 00 10 00% ARS Cutover $ $ 120 860 00 $ 120,860 00 10 00% Total System Reliabilitv Period Complete $ $ 302,17300 $ 302,173 00 25 00% Total $ 249,790 00 $ 958,848 00 $ 1,208,638 00 100 00% Kent SIA 091702 doc Page 1 of 1 Exhibit D EXHIBIT 4 To Tiburon System Implementation Agreement PRICING SUMMARY The following Exhibit is attached to, incorporated into, and forms part of the Tiburon System Implementation Agreement, October 31, 2002, between the City and Tiburon (herein referred to as the "Agreement") Capitalized terms used herein shall have the definitions set forth to the Agreement, unless otherwise defined herein In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail Kent SIA 091702 doc Page 1 of 1 Exhibit E EXHIBIT 5 To Tiburon System Implementation Agreement SAMn"OFTWARE LICENSE AGREEMENT The following Exhibit is attached to, incorporated into, and forms part of the Tiburon System Implementation Agreement, October 31, 2002, between the City and Tiburon (herein referred to as the "Agreement") Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement,the terms and conditions set forth in the Agreement shall prevail Kent SIA 091702 doc Page 1 of 1 Exhibit F SOFTWARE LICENSE AGREEMENT This Software License Agreement is made and entered Into as of the_ day of 200_ (the "Effective Date°), by and between the City of Kent, with its principal place of business at 220 41"Ave S , Kent,Washington 98032 (the"City') and Tiburon, Inc , a Virginia corporation having its primary place of business at 39350 Civic Center Drive, Suite 100, Fremont, California 94538 ("Tiburon"). RECITALS WHEREAS, Tiburon has developed certain software applications that have been installed on the Licensee's automated computer system and the Licensee desires to obtain a license and right to use such software applications on such system in accordance with the terms, and subject to the conditions, set forth below; and WHEREAS, Tiburon has the right to sublicense certain software applications developed by third parties that have been installed on the Licensee's automated computer system and the Licensee desires to obtain a sublicense and right to use such third party software applications on such system in accordance with the terms, and subject to the conditions, set forth below, NOW THEREFORE, in consideration of the mutual covenants contained herein this Agreement, the Licensee and Tiburon hereby agree as follows AGREEMENT 1. Definitions The following definitions apply to the terms used within this Agreement: 1 . "Agreement" shall mean this Software License Agreement and its exhibits, as the same may from time to time be amended in accordance with the terms hereof. TQ the extent a conflict exists between Exhibit A. "Common Terms and Conditions Between the City of Kent and Tiburon" with the ce0ion of the insurance provisions set forth in its Section 5 and this Software License Aoreemen (including ther than Exhibit Al. the terms and conditions of Exhibit A will prevail. To the extent a confllQt exists among_this Software License Agreement and all Exhibits other than Exhibit A the erms and QQodiflons�Qf_this Software License Agreement will prevail over those other Exhibits 1.2. "Authorized Server" shall mean, with respect to any Licensed Application, the server identified as corresponding to such Licensed Application on Exhibit 1 of the Software License Agreement. attached hereto and incorporated herein by this reference. 1.3. "Authorized Site" shall mean, with respect to any Authorized Server, the address and room number identified as corresponding to such Authorized Server on Exhibit 1 of the Software License Agreement 1.4. "Licensee" is the City of Kent. 1.5. "Maintenance Modifications" shall mean, with respect to any Licensed Application, a computer software change to correct an Error in, and integrated into, such Licensed Application, but that does not alter the functionality of such Licensed Application and that is provided to the Licensee by Tiburon after acceptance of the Functional System Specifications Page 1 of 6 Updated 08115102 Tiburon Sottware License Agreement 0 2002 Tiburon, Inc All rights reserved Exhibit F 1.6. "Sublicensed Applications" shall mean any software apofication specified on Exhibit 1 attached hereto developed by any source external to Tiburon. such as a subcontractor. distributor. re- seller. personal computer software supplier or system software supplier. and furnished to the Licensee by iburon for integration into the System. 2. Licenses and Restrictions Grant of Licenses. Subiect to the conditions set forth in this Agreement. Tiburon hereby grants to the Licensee, pursuant to the terms and conditions hereof. a perpetual, nonexclusive nontransferable license (a) to use each Licensed Application and each Sublicensed Application, in Object Code only,'on the Authorized Servers and at the Authorized Sites, (b) to conduct internal training and testing on each Licensed Application and each Sublicensed Application; (c) to perform disaster recovery, backup, archive and restoration testing, and implementation with respect to each Licensed Application and each Sublicensed Application; (d) except for normal System backups,to make no more than two (2) archival copies of any Licensed Application or Sublicensed Application to be stored externally from the Authorized Server, provided that each copy of any Licensed Application shall include Tiburon's copyright and other proprietary notices and each copy of any Sublicensed Application shall include the copyright and other proprietary notices required by the developer of such Sublicensed Application 2.2. Conditions to Grant of Licenses. No grant of any license or right pursuant to Section 2 1 hereof with respect to any Licensed Application or any Sublicensed Application shall be effective, and the Licensee shall have no license or right to use such Licensed Application or such Sublicensed Application, until such Licensed Application or such Sublicensed Application has been accepted by the Licensee in accordance with the acceptance terms set forth in the applicable implementation agreement and all license fees, sublicense fees or royalties with respect to such Licensed Application or such Sublicensed Application have been paid in full in accordance with the payment terms set forth in the applicable implementation agreement. 2.3. Restrictions on Use a) The Licensee agrees to use the Licensed Applications_ and the Sublicensed Applications only for the Licensee's own use. The Licensee shall not allow use of any Licensed pplication or any Sublicensed Application by any parent, subsidiaries, affiliated entities, or other third gartle%. 1QI-9QR6 d Ann'-aAlwn to he --rail on M the A,dhnrwi;d MA u,dh FAAAACt the• (b) Except as otherwise specifically set forth in Section 2 1 hereof, the Licensee shall have no right to copy any Licensed Application or any Sublicensed Application. Any copy of any Licensed Application (whether or not such copy is permitted) shall be the exclusive property of Tiburon. Any copy of any Sublicensed Application (whether or not such copy is permitted) shall be the exclusive property of the developer of such Sublicensed Application. The Licensee shall not distribute or allow distribution of any Licensed Application or any Sublicensed Application or any Documentation or other materials relating thereto without Tiburon's prior written consent. (c) The Licensee's licenses and rights to use the Licensed Applications and the Sublicensed Applications is limited to a license and right to use only the Object Code relating Page 2 of 6 Updated 08/15/02 Tiburon Software License Agreement 0 2002 Tiburon, Inc All rights reserved Exhibit F thereto The Licensee shall have no license or right with respect to the Source Code for any Licensed Application or any Sublicensed Application (d) The Licensee shall not, and shall not permit any other party to, make any alteration, modification or enhancement to any Licensed Application or any Sublicensed Application unless, and only to the extent, specifically authorized by Tiburon. The Licensee shall not, and shall not permit any other party to, disassemble, de-compile or reverse-engineer any Licensed Application or any Sublicensed Application. (e) The Licensee shall not use any Licensed Application or any Sublicensed Application, and shall not permit any third party to use any Licensed Application or any Sublicensed Application,for processing data of any entity other than the Licensee 3. Ownership. Except for the rights expressly granted therein pursuant to Section 2 hereof, Tiburon shall at all times retain all right, title and interest in and to each Licensed Application and all copies thereof (whether or not permitted), including all Derivative Works, Maintenance Modifications, Enhancements and Documentation with respect thereto (whether or not developed by Tiburon) By this Agreement, the Licensee hereby assigns to Tiburon any and all rights it may have or later acquire to any and all Derivative Works (whether or not developed by Tiburon). 4. Term and Termination 4.1. Term This Agreement shall continue in effect until terminated as set forth under Section 4 3 hereof. 4.2. Termination. The Licensee may terminate this Agreement by providing thirty(301 days prior written notice to Tiburon of Its latent to do so. Tiburon may terminate this Agreement if the Licensee breaches any material provision of this Aareement. provided however, the parties shall first seek to resolve any dispute arisina from this Agreement in accordance with the provisions set forth at Section 6 of d 4.3. Effect of Termination. Upon termination of this Agreement. all licenses granted to the Licensee hereunder shall be revoked Upon termination of this Agreement, (a) each party shall return to he other party, within ten (10) business days of such termination. all Confidential Information. (b) the Licensee 9ha l discontinue I use of the Licensed Applications and the Sublicensed Applications (cl the Licensee shall certify in a written document signed by an authorized representative that the material specified in the preceding clause (a) has been returned to Tiburon, that all copies of the Licensed Applications and the Sublicensed Applications have been permanently deleted or destroyed, and that al use of the Licensed Applications and the Sublicensed Applications has been discontinued and (d) Tiburon rzhall certify in a written document signed by an authorized representative that the material swcrfied In the precedino clause(a)has been returned to Licensee. 5. Limited Warranties and Liabikty 5.1. Wgirranty. THE LICENSE12 APPLICATIONS ARE I EN D "AS IS" ON TH EFFECTIVE DATE OF THIS AGREEMENT. NO EXPRESS OR IMPLIED WARRANTIES FOR TH LICENSED APPLICATIONS. INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE CREATED BY THIS SOFTWARE LICENSE AGREEMENT. C21 imitation of 1 :aL.:1:A.. AICITLI CD TIQI I2/1N KIMQ AC,IV DCDCll1.1 AQQQCl ATrM IArITLI T-MIRON SHA11 QC 1IAQIC TO ANY PARTY FOR ANY r AP= CDCf`IAl IAI(`Ir1CAITAI !'1Q h 61CCAlI1CAITl AI DA AAnoC FOR QDDACH OR CAII I IDC TO DCD l JIC AGRIZZ EACNT CVCN IF TIQI RON LIAC OCCAI lklir IDAACr1 ^17 T"!T Dl1CCIQ11 ITV ^17 CI Inu IDAMAG&S PIC' I IDING RI IT NOT I IAAITCr1 Tg I l Co / AK=In IDATCr% QCNCCITC OR PROOTC _ CDlV.A TLIC (1DCD ATI(1r.1 f1D CAII 1 IDC TO 11DCDATC !1C TLIC 1 V`CNRrQ PROGDAAAC Page 3 of 6 Updated 08 1--VO2 Tiburon Software License Agreement 0 2002 Tiburon,Inc All rights reserved Exhibit F THIR M WISP RWAI I CI 1MMM TLIC DAII I IQC OF AAIV CVl4I ICI\/C OCMCr1V F(Qp ODCAGH /lC A LITV!1Q AAIV 11TLICO DQ(1\/ICl/lAI (1C TWC A(_Q CC�A QAIT I, Page 4 of 6 Updated 08115102 Tiburon Software License Agreement 0 2002 Tiburon,Inc All rights reserved Exhibit F SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hands as set forth below City of Kent Tiburon, Inc. r By: By. Name Name: Title, Title: Page 5 of 6 Updated 0a/15/02 Tiburon Software License Agreement 0 2002 Tiburon, Inc All rights reserved Exhibit F EXHIBIT 1 To Tiburon Software License Agreement LICENSED APPLICATIONS AND AUTHORIZED ENVIRONMENTS This Exhibit is attached to, Incorporated into and forms part of the Tiburon Software License Agreement, dated , 20_, between the Licensee and Tiburon (herein referred to as the "Agreement") Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein In the event of,conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail LICENSED APPLICATIONS The following software applications constitute Licensed Applications under the Agreement The server and site locations corresponding to each Licensed Application shall constitute the Authorized Server and Authorized Site with respect to such Licensed Application for purposes of the Agreement Name of Make. Model, Serial Number of Address and Room Number of Authorized Site Application Authorized Server of Authorized Server SUBLICENSED APPLICATIONS The following software applications constitute Sublicensed Applications under the Agreement The server and site locations corresponding to each Sublicensed Application shall constitute the Authorized Server and Authorized Site with respect to such Sublicensed Application for purposes of the Agreement. Name of Make, Model, Serial Number of Address and Room Number of Authorized Site Application Authorized Server of Authorized Server Page 6 of 6 Updated 0815102 Tiburon Software License Agreement 0 2002 Tiburon,Inc All rights reserved Exhibit F EXHIBIT 6 To Tiburon System Implementation Agreement cee�_ni cc MASTER SUPPORT AGREEMENT The following Exhibit is attached to, incorporated into, and forms part of the Tiburon System Implementation Agreement, October 31,2002, between the City and Tiburon (herein referred to as the "Agreement") Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement,the terms and conditions set forth in the Agreement shall prevail Kent SIA 091702 doc Page 1 of 1 Exhibit G MASTER SUPPORT AGREEMENT This Master Support Agreement (this "Agreement") is entered Into XXXXXXX 99, 9999 (the"Effective Date"), by and between the City of Kent, with Its principal place of business at 220 41" Ave S , Kent, Washington 98032 (the "City") and Tiburon, Inc., a Virginia corporation having its primary place of business at 39350 Civic Center Drive, Suite 100, Fremont, California 94538 ("Tiburon") WHEREAS, the City has determined that it desires to obtain from Tiburon certain support services relating to a computer automated system previously developed and implemented by Tiburon for the City, and WHEREAS, Tiburon is qualified to provide the support services specified,in this Agreement and, subject to the terms and conditions set forth in this Agreement, Tiburon desires to provide such support services; NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Tiburon hereby agree as follows, 1. Definitions Capitalized terms used herein and in any exhibit hereto shall have the definitions set forth on Exhibit A, "Common Terms And Conditions Between The City Of Kent And Tiburon, Inc.", unless otherwise defined herein. "Account Manager"shall mean a single individual to act as the Tiburon account manager for purposes of coordinating technical support "Additional Support Option"as defined in Section 2 2 of this Agreement "Agreement"shall mean this Master Support agreement including all Exhibits In the event of a conflict between any provisions of this Agreement the following precedence shall be observed • Chanae orders to this Agreement. • Exhibit A Common Terms and Conditions between The City of Kent and Tiburon Inc • Sections 1 through 11 of this Agreement • Exhibit 1 though Exhibit 6 with the lower numbered exhibit taking precedence over the higher numbered exhibit. "Authorized Server"shall mean,with respect to any of the Covered Applications,the server identified as corresponding to such Covered Application on Exhibit 1, "Covered Applications",of the Master Support Agreement move definition to Common Ts&Cs "Authorized Site"shall mean,with respect to any of the Authorized Servers,the address and room number identified as corresponding the such Authorized Server on Exhibit 1, "Covered Applications", of the Master Support Agreement move definition to Common Ts &Cs "_'Basic Support" is defined in Section 2.1, Basic Support of this Agreement. "Covered Application"shall mean each software application and custom interface developed by Tiburon in accordance with the As-Built Specifications Identified as a Covered Application on Exhibit 1,"Covered Applications", of the Master Support Agreement, including all Maintenance Modifications thereto, all Derivative Works thereof, and all related Documentation Page 1 of 16 Updated 08/2793/02 Tburon Master Support Agreement ®2002 Tiburon,Inc All rights reserved PROPRIETARY AND CONFIDENTIAL "Out of Scope Services"shall consist of any services provided under the Master Support Agreement that are outside the scope of those services specifically and expressly Identified under, and provided pursuant to, Section 2 1,"Basic Support", Section 2 2, "Additional Support", or Section 2 3,"Enhancements", of the Master Support Agreement "Payment Date"shall mean [December 31](March 31) [June 30][September 30]of each year during the term of this Agreement. "Priority One Call"shall mean a call requesting techrlical support for an Error in any Covered Application or a failure of the Authorized Server on which such Covered Application is installed that prevents continued use or operation of the System, impacts all or substantially all operators using the System, halts or severely impacts critical System operations or endangers the integrity of any database on any of the Authorized Servers The tern Priority One Call shall not include calls requesting technical support relating to a problem encountered with substantially less than all functions of a Covered Application or all records of a database on any of the Authorized Servers, or to a failure in individual components of the network communications equipment, communications lines,terminals, workstations, printers,terminal servers or modems The City shall have exclusive authority for determining whether a technical service request constitutes,a Priority One Call. Site Specifications" is defined in Exhibit 4i Site, System and Network Specifications "System Configuration"shall mean the configuration for the System other than the Covered Applications existing as of the Effective Date together with any modifications or alterations thereto permitted hereunder, including without limitation the configuration of the Authorized Servers, any operating system installed on any of the Authorized Servers, any database or other third party software products installed on any of the Authorized Servers, any PC or other workstation equipment havmg,acceSs to any of the Covered Applications,any network communications equipment and any other third party software, wiring,cabling and connections and other hardware relating to any such Authorized Server, workstation or network communications equipment located at any of the Authorized Sites move definition to Common Ts&Cs Technical Support Coordinator" is defined in Section 5 11 of this Agreement 2. Scope of Work 2.1. Basic Support. Subject to the terms and conditions set forth in this Agreement, Tiburon shall provide the following support for the Covered Applications ("Basic Support") (a) Application Errors. Tiburon will correct any Error in any of the Covered Applications and custom Interfaces provided by Tiburon discovered by Tiburon or the City during the term of this Agreement, provided (a) the City provides all information regarding such Error that may be requested by Tiburon in accordance with Section 5.1, 'Technical Service Requests", (b) such Error is reproduced by Tiburon or the City in accordance with Section 5 4, "Error Reproduction", and (c) the City has provided Tiburon with remote access to the System as required under Section 5 2, "Remote Access". (b) Customer Support Center. Tiburon will provide toll-free telephone support for routine operational and technical assistance Support for Priority One Calls relating to all Covered Applications deployed for the City shall be available twenty four hours a day, seven days a week Support for all other calls will be available during Tiburon's normal support hours of B 00 a.m to 5.30 p.m Pacific time (not including weekends and Tiburon holidays) Tiburon reserves the right to Page 2 of 16 Updated 0812704102 Tiburon Master Support Agreement ®2002 Tiburon,Inc All rights reserved PROPRIETARY AND CONFIDENTIAL charge reasonable call-out fees for any non-priority one call received other than during Tiburon's normal support hours " (c) Account Manager. Tiburon will designate, in a written notice delivered in accordance with Section 17, "Notices" of Exhibit A, an Account Manager. The Account Manager shall ensure Tiburon's compliance with, and shall coordinate appropriate schedules in connection with, its obligations set forth herein Tiburon may change the individual designated hereunder by providing the City with advance written notice delivered in accordance with Section 17, "Notices", of Exhibit A, designating the new individual authorized to act as the Account Manager. (d) Status Reports. Tiburon will provide the City with a monthly status report (a "Monthly Status Report"). Each Monthly Status Report will include a summary of site activity and a summary of requests by the City for technical services delivered in accordance with Section 51, "Technical Service Requests" Each Monthly Status Report will be delivered to the City in accordance with the notice provisions set forth in Section 17, "Notices", of Exhibit A. (a) Interface Updates. Tiburon will provide updates to the National Crime Information Center interface and related Documentation, including all existing screen formats developed and currently supported by Tiburon, for all legal requirements or modifications mandated by the National Crime Information Center, when such requirements or modifications 'require a modification to'the Source Code relating to any Covered Application and are necessary for the proper performance of the Covered Applications Changes mandated or offered by any state, county, city or municipal governmental entity as well as changes to the National Crime Information Center communications protocols are outside the scope of this section (f) Operations Review. So long as the City's annual fees hereunder exceed Seventy Thousand Dollars (70,000) in the aggregate, Tiburon will be available to visit the City's facilities at Tiburon's own expense at least annually to meet with management, operations and other City personnel to conduct an operations review of the Covered Applications and the System and an analysis of the City's automation requirements A report will be produced to include observations and recommendations regarding the City's use of the Covered Applications and the System. Tiburon will work with the City to document this review in the form of a multi-year automation plan a) Version Management Program. City is entitled to participation in Tiburon's Version Management Proaram (VMP) as described in the Tiburon. Inc Version Management Program VMPI Reference Manual dated August 19, 2001. which is incorporated as Exhibit 2.2. Additional Support Options. In addition to Basic Supmfl, the City may Purchase dditional Su000rt Options, such as Advanced Database Support, Advanced System Su000rt, Advance Network Support and other services that may:from time to time be offered by Tiburon (each an "Additional Su000rt Option"). The City may request information regarding the Additional Support Options currently available from the Tiburon Account Manager. The terms and conditions for each Additional Su000rt Option shall be set forth in a separate exhibit which. upon Payment of the required annual fee for such Additional Su000rt Option. shall automatically become Part of this Agreement and shall be subject to the terms thereof. The City may diEcQntinue any Additional Support Option by providing Tiburon at least ninety (90) days Prior written notice identifying the Additional Support Option to be discontinued. provided, however. that such discoritinuance shall not be effective until the next occurring Payment Date 2.3. Enhancements. From time to time, the City may request Tiburon to provide under this Agreement services and materials to furnish, install and implement an Enhancement. The installation and implementation of such Enhancement shall be provided, at Tiburon's option, on a fixed-quote basis with payment milestones or on a time and material basis at Tiburon's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred No Enhancement shall be provided under this Agreement unless (a) this Agreement is amended as necessary or appropriate to include the Page 3 of 16 Updated 08/2797/02 Tiburon Master support Agreement ®2002 Tiburon,Inc AN rights reserved PROPRIETARY AND CONFIDENTIAL Enhancement Terms relating to the Enhancement; (b) the Enhancement Terms are attached to this Agreement as a new exhibit and, except as specifically set forth therein, are subject to the terms hereof; (c) the Enhancement Terms include terms regarding final acceptance of the Enhancement, (d) the Enhancement Terms provide that, upon final acceptance of the Enhancement, Exhibit 1, "Covered Applications", to this Agreement shall be amended to Include the Enhancement as a Covered Application subject to the City's payment of any necessary additional support fees relating to the Enhancement, and (e) the Enhancement Terms provide that, upon final acceptance of such Enhancement, the Software License Agreement shall be amended as necessary or appropriate to grant to the City the appropriate rights to use the Enhancement, subject to payment in full of all amounts due under the Enhancement Terms 2.4. Out of Scope Services. From time to time, the City may request Tiburon to provide under this Agreement certain Out of Scope Services Tiburon shall be under no firm obligation to perform any Out of Scope Services, but shall undertake to make a good faith effort to perform such services to the extent that it is capable of doing so without substantially interfering with its other obligations under this Agreement or with its obligations to its other customers. Any Out of Scope Services shall be provided, at Tiburon's option, on a fixed-quote basis with payment milestones or on a time and material basis at Tiburon's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred Under no circumstances,will any Out of Scope Services be performed without the City Representative's prior written consent. 2.5. Altering Functionality In the course of updating or enhancing the software application, Tiburon may alter an application's functionality, However, Tiburon shall not eliminate or substantially alter any existing functionality without the express written permission of the City. 2.6. Program Retirement. Tiburon will provide the City with gLqhteen&w months written notice in advance of the retirement of any Tiburon Application licensed to the City hereunder. Upon the effective date of any such retirement, Tiburon may cease to provide enhancements or any further development to the affected Tiburon Application(s), but will continue to provide maintenance support in accordance with thine Master Suppert Agreement (Exhibit F Jaereef) for the Tiburon Application(s) for not less than three (3) years from such effective date 2.7. Operating System-Environment Support— Tiburon will provide all identified support levels for the computer operating systems, database platform, network operating system, and network communication protocols on which the Tiburon Applications are installed and under which the Tiburon Applications must function (the City's "Operating Environment"1 - for a minimum of five (5) years from the date the City issues its Final Acceptance of all Tiburon Applications If Tiburon discontinues support for the City's Operating Environment at any time prior to the expiration of this five-year vend. Tiburon will provide, at no cost to City, all assistance necessary to move the City to an operating environment of the City's choice that is su000rted by Tiburon. This assistance will include, at a minimum, installation and configuration of the software in the new operating environment, conversion of data from the unsupoorted operating environment to the new operating environment, and training necessary to operate and maintain the system in the new environment. 3. Term The term of this Agreement shall commence on the Effective Date and shall continue in effect until terminated as provided in this Agreement 4. Fees and Payment 4.1. Annual Support Fees Page 4 of 16 Updated 08/2793/02 Tiburon Master Support Agreement ®2002 Tiburon,Inc All rights reserved PROPRIETARY AND CONFIDENTIAL (a) Basic Support. The City shall pay an annual fee for Basic Support for each of the Covered Applications The amount of such annual fee shall be set forth on Exhibit 1, "Covered Applications", and shall be paid in advance on or prior to the expiration of any warranty penod designated in Exhibit 1, for such Covered Application and, thereafter, on each Payment Date during the term of this Agreement. (b) Additional Support Options. The City shall pay an annual fee for any requested Additional Support Options The amount of such annual fee shall be set forth on the exhibit pertaining to such Additional Support Option and shall be paid on or prior to the commencement of any services relating to such Additional Support Option and, thereafter, on each Payment Date during the term of this Agreement unless such Additional Support Option has been discontinued in accordance with Section 2 2, "Additional Support Options". 4.2. Annual Adjustments. The fees payable pursuant to Section 41, "Annual Support Fees" will be increased on an annual basis by no more than five percent (5%) upon at least thirty (30) days prior written notice to the City. Any such increase shall become effective on the next occurring Payment Date 4.3. Invoices. Invoices for the annual fees required pursuant to Section 4.1, "Annual Support Fees", shall be payable on or prior to each Payment Date during the term of this Agreement All other invoices issued hereunder shall be payable within thirty (30) days of receipt unless otherwise specifically provided therein. 4.4. Consequences of Late Payment. Failure to pay any amount owing hereunder when such amount is due shall constitute a material default under this Agreement and could result in the termination of this Agreement or all or part of the Basic Support or any Additional Support Option The City shall reimburse Tiburon for all collection fees, including reasonable attorneys' fees and expenses, incurred by Tiburon in connection with the collection of any amount owing hereunder. Tiburon reserves the right to charge the City an administrative fee to reinstate any part of its support that has lapsed due to nonpayment The administrative fee may equal up to ten percent (10%) of the then-current annual support fee for the lapsed support 5. City Responsibilities 5.1. Technical Service Requests. The City shall provide all information requested by Tiburon necessary to complete its Technical Service Request Form for each request for technical services, whether under this Agreement or otherwise. 5.2. Remote Access. The City shall install and monitor during the term of this Agreement a dial-up modem to provide Tiburon remote access to the System. Tiburon shall not be responsible for any costs relating to the installation, maintenance and use of such equipment and any associated telephone use charges. Tiburon shall use the data connection solely in connection with the provision of its services hereunder The City will run appropriate tests following each remote access as requested by Tiburon. If the City fails to run the requested tests (including having City IT staff reasonably available, as mutually agreed , in order to verify that a fixidorrection is successful) , Tiburon will provide appropriate services and will charge the City for such services at Tiburon's then current technical service rates plus all related travel, per diem and other expenses. 5.3. Physical Access. The City shall provide Tiburon with physical access to the System at any time during normal business hours After normal business hours, the City shall ensure that one of the Technical Support Coordinators designated under Section 5.11, 'Technical Support Coordinators", can be reached by phone or pager to (a) provide physical access to the System within two (2) hours of Tiburon's request for such access, and (b) remain on-site until Tiburon determines that there is no longer a need for physical access. Page 5 of 16 Updated 08/274;7/02 Tiburon Master Support Agreement ®2002 Tiburon,Inc All rights reserved PROPRIETARY AND CONFIDENTIAL 5.4. Error Reproduction. Upon'detectlon of any Error in any of the Covered Applications, the City shall provide Tiburon a listing of output and any other data, Including databases and back-up systems, that Tiburon may reasonably request in order to reproduce operating conditions similar to those present when the Error occurred 5.5. Maintenance and Back-Ups. The City shall ensure that maintenance and back-up activities relating to the Covered Applications and the System, including without limitation backing up databases and journal logs, purging out-of-date records and running reports and performing diagnostics as requested by Tiburon, are carried out in accordance with the schedule and methodology specified on Exhibit 5, "Back Up Schedule and Procedures". 5.6. Data Input. The City shall update and maintain the input data as may be required by Tiburon for satisfactory operation of the Covered Applications, and be responsible for the accuracy of all City-provided data 5.7. Third-Party Product Support. The City shall obtain and maintain in effect during the term of this Agreement necessary technical support contracts for certain Third-Parry Products as specified on Exhibit 3, 'Third-Party Support Contracts", and shall ensure that, in addition to authorizing the City to request support services thereunder, each such support contract also expressly authorizes Tiburon to request support services thereunder on the City's behalf, so long as those additional support services do not obligate the City to incur additional expense. 5.8. System Security. The City shall ensure that the security of the System conforms in all respects to the state-mandated law enforcement telecommunications requirements. The City shall ensure that no workstations have access to the Covered Applications other than those licensed by Tiburon to access the Covered Applications and that such access is limited to only those TCP/IP addresses and TCP/IP service ports identified by Tiburon required to support such workstations 5.9. System Modifications. The City shall ensure that, with respect to each Covered Application, such Covered Application is installed only on the Authorized Servers and only at the Authorized Sites The City shall ensure that each Authorized Site conforms in all respects to the Site Specifications set forth on Exhibit 4, "Site, System and Network Specifications". The City shall ensure that no changes or other alterations or modifications are made to the System Configuration without the prior consent of Tiburon, provided, however, that this requirement is not intended, to constitute in any manner Tiburon's approval, certification, endorsement or warranty of the System Configuration 5.10. Authorized City Representative. The City shall designate, in a written notice delivered in accordance with Section 17, "Notices", of Exhibit A, a single individual to act as the Citys authorized representative for purposes of this Agreement (the"City Representative") Such individual (a) must be authorized to act on the City's behalf with respect to all matters relating to this Agreement, (b) shall ensure the City's compliance with its responsibilities under this Agreement, and (c) shall coordinate appropriate schedules in connection with Tiburon's services under this Agreement The City may change the individual designated hereunder by providing Tiburon advance written notice delivered in accordance with Section 17, "Notices", of Exhibit A designating the new individual authorized to act as the City Representative 5.11. Technical Support Coordinators. The City shall designate, in a written notice delivered in accordance with Section 17, "Notices", of Exhibit A, one or more individuals to act as the City's technical support coordinator (a "Technical Support Coordinator") The City shall ensure that each Technical Support Coordinator designated hereunder shall have received the training required under Section 5.12, "Training", and shall otherwise be familiar with the Covered Applications and the System. The City shall ensure that, a Technical Support Coordinator is available (a) to screen operational assistance calls and handle operational problems, where appropriate, (b) to provide access to the System as required under Section 5.3, "Physical Access", (c) to provide on-sde technical assistance as required by Tiburon to aid Tiburon in performing its services hereunder, and (d) to review all Monthly Status Reports delivered hereunder and, if Page 6 of 16 Updated 08/2783/02 Tiburon Master Support Agreement ®2002 Tiburon,Inc All rights reserved PROPRIETARY AND CONFIDENTIAL required, provide Tiburon with required direction regarding recommended preventative maintenance activities. The City may change any individual designated hereunder by providing Tiburon with advance written notice delivered in accordance with Section 17, "Notices", of Exhibit A designating the new individual authorized to act ' as a Technical Support Coordinator. 5.12. Training. HEADS UP= EXHIBIT NEEDS TO BE COMPLETED The City shall ensure that all Technical Support Coordinators and other personnel have received the training specified on Exhibit 2, "Training", and otherwise maintain sufficient personnel with sufficient training and experience to perform its obligations under this Agreement. 5.13. Operations Review. The City shall meet with Tiburon as may be reasonably requested to discuss operational issues and the status of the Covered Applications and the other components of the System, and as required to provide timely responses to issues identified by Tiburon related to maintenance of the Covered Applications or the other components of the System. The City shall ensure that key personnel designated by Tiburon participate in the operations review process. 6. Exclusions 6.1. Failure to Observe Obligations. Basic Support provided hereunder is expressly conditioned on the observance of the responsibilities of the City set forth in Section 5, "City Responsibilities"; and in the Software License Agreement Any Additional Support Option provided hereunder is expressly,conditioned on the observance of the responsibilities of the City set forth in Section 5, "City Responsibilities", in the Software License Agreement and in the exhibit pertaining to such Additional Support Option 6.2. Erroneous Reported Problems. If Tiburon performs diagnosis of erroneously reported problems Tiburon reserves its right to charge for excessive use of those services In that event the City will be charged for such services at Tiburon's then current technical service rates plus all related travel, per diem, and other expenses as incurred However, Tiburon will not unilaterally dispatch personnel to the City's site without the City's prior approval Additionally, Tiburon will provide a not-to-exceed estimate of costs for the visit to the City's site, if a visit were required, and Tiburon will not charge the City for Travel time to and from the City's site 6.3. Failure of Remote Access. If the City fails for any reason to provide remote access to the System as required by Section 5 2, "Remote Access", Tiburon will, at the City's request, provide on-site services to correct an Error to the extent otherwise required hereunder and will charge the City for such services at Tiburon's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred 6.4. Unauthorized Modifications. Tiburon is under no obligation to correct any Error in any of the Covered Applications if the Error is due to an unauthorized modification or alteration to such Covered Application in violation of the terms of the Software License Agreement or caused by any portion of such Covered Application that has been affected by software not developed and installed by Tiburon Tiburon is under no obligation to correct any problems caused by any modification or alteration to any component of the System or to the System Configuration in violation of the terms of this Agreement or caused by software or hardware not developed and installed by Tiburon If requested by the City, Tiburon will provide technical support services to resolve such problems pursuant to Section 24, "Out of Scope Services", and will charge the City for such services at Tiburon's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred 6.5. Unauthorized Use. Tiburon is under no obligation to correct any Error in any of the Covered Applications or any problems with any other component of the System if such Error or other problem is caused by (a) accident, neglect, misuse or abuse on the part of any party other than Tiburon, (b) is due to exposure to conditions outside the range of the environmental, power and operating specifications Page 7 of 16 Updated 08/2783/02 Tiburon Master Support Agreement ®2002 Tiburon,Inc All rights reserved PROPRIETARY AND CONFIDENTIAL provided by Tiburon in the Site Specifications delivered pursuant to Section 5 9, "System Modifications", or (c) use of any of the Covered Applications or any other component of the System for any purpose other than authorized by Tiburon If requested by the City, Tiburon will provide technical support services to resolve such problems pursuant to Section 2.4, "Out of Scope Services"', and will charge the City for such services at Tiburon's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred 6.6. Third-Party Products. Tiburon shall have no responsibility for correcting or resolving any errors, defects or failures in any Third-Party Products. Tiburon's only obligation with respect to such Third-Party Products is to assist with the coordination of support services with the appropriate third- party vendor to the extent such support services are available to the City 6.7:� Third-Party Product Compatibility. Tiburon shall have no responsibility for any Third-Party Products provided and installed on or integrated into the System by any other party without Tiburon's prior written authorization, including but not limited to responsibility for the installation and integration of any such Third-Party Products, the condition, operation and performance of any such Third- Party Products, the compatibility of any such Third-Party Products with the Covered Applications, and any impact any such Third-Party Products have on the overall operation or performance of any of the Covered Applications or any other component of the System. If requested by the City, Tiburon will provide technical support services pursuant to Section 2 4, "Out of Scope Services", to resolve any operation or performance problems relating to any of the Covered Applications or any other component of the System caused by any such Third-Party Products or to assist with the integration of any such Third-Party Products with or into any of the Covered Applications or any other component of the System. Tiburon will charge the City for any such services at Tiburon's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred 6.8. General Disclaimer. r eeT THIS SECTION UNC AMMED WARRANTIES ARE EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, TIBURON DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY OF THE COVERED APPLICATIONS OR ANY OTHER COMPONENT OF THE SYSTEM, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR C041DIT19NIS OF SUITABILITY, MERCHANTABILITY, RA- , TITLE, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE 7. Termination 7.1. Termination for Failure of License. 'A the AVARt that the 1143912169 Folating to any of the If the Cl terminates or breached its obligations under the Software License Agreement for any of the Covered Applications. Tiburon may terminate its obligation to provide support for the Coverd Applications under this Master Support Agreement but only after the City and Tiburon have first undertaken the Informal Dispute Resolution process set forth in Exhibit A -7-.4- 7.2.Termination for Payment Defaults. In the event that the City fails to pay when due all or any portion of the annual fees required under Section 4 1, "Annual Support Fees", Tiburon may after providing notice and an opportunity to cure as provided in Section 17,"Notices", of Exhibit A, terminate this Agreement or suspend all or any portion of the services hereunder for all or any portion of the Covered Applications until the City's account is brought current 7.3.Termination for Other Defaults. Subject to completion of the dispute resolution procedures set forth in Section 6, "Dispute Resolution" of Exhibit A, in the event that either party hereto materially defaults in the performance of any of its obligations hereunder (other than payment defaults covered under Section 112, 'Termination for Payment Defaults", the other party may, at its option, terminate this Page 8 of 16 Updated 08/2 763/02 Tiburon Master Support Agreement ®2002 Tiburon,Inc All rights reserved PROPRIETARY AND CONFIDENTIAL Agreement, by providing the defaulting party thirty (30) days' prior written notice of termination delivered in accordance with Section 17, "Notices" of Exhibit A, which notice shall Identify and describe with specificity the basis for such termination If, prior to the expiration of such notice period, the defaulting party cures such default to the satisfaction of the non-defaulting party (as evidenced by written'notioe delivered by the non- defaulting party in accordance with Section 17, "Notices"of Exhibit A,termination shall not take place 7.4.Consequences of Termination. Upon termination of this Agreement for whatever reason, (a)Tiburon shall be under no further obligation to provide support or any other services hereunder The following provisions shall survive the termination of this agreement • General Disclaimer • Confidential Information as set forth in Exhibit A, • Indemnification as set forth in Exhibit A, • Governing LawNenue as set forth in Exhibit A, • Attorneys Fees as set forth in Exhibit A. All provisions of this Agreement that by their nature would reasonably be expected to continue after the termination of this Agreement shall survive the termination of this Agreement Page 9 of 16 Updated 0812744102 Tiburon Master Support Agreement ®2002 Tiburon,Inc All rights reserved PROPRIETARY AND CONFIDENTIAL SIGNATURE PAGE IN WITNESS WHEREOF,the parties have hereunto set their hands as set forth below The City of Kent Tiburon, Inc. By. By: Name,Jim White Name Title Mayor Title Page 10 of 16 Updated 08P278I/02 Tiburon Master Support Agreement ®2002 Tiburon,Inc All rights reserved PROPRIETARY AND CONFIDENTIAL EXHIBIT 1 a Tiburon Support Agreement COVERED APPLICATIONS This Exhibit is attached to, Incorporated into and forms part of the Tiburon Master Support Agreement, dated XXXXXXX 99, 9999, between the City and Tiburon (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. Tiburon will provide the Basic Support described in Section 2.1, "Basic Support", of the Agreement for the software applications and custom interfaces identified in the table below. The annual fee for such support shall be as set forth in the table below Such support will commence upon the expiration of any applicable Warranty Period as set forth in the table below Covered Authorized Site Make, Model, Senal Warranty Period Annual Fee Application Number of Authorized, Server Period Start Date Stop Date 292„ dog Pogo 4 of 4 Page 1 of 1 Undated 09128101 Exhibit to Master Support Agreement ®2001 Tiburon,Inc Al nahts reserved PROPRIETARY AND CONFIDENTIAL EXHIBIT 2 To Tiburon Master Support Agreement TRAINING This Exhibit is attached to, Incorporated Into and forms part of the Tiburon Master Support Agreement, dated XXXXXXX 99, 9999_, between the City and Tiburon (herein referred to as the "Agreement") Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail KeaR�-KeRI MSA E282202 Page , of , Page 1 of 1 Updated 09/2&V I Exhibit to Master SIIDDDR Agreement ®2001 Tiburon Inc All nahts reserved PROPRIETARY AND CONFIDENTIAL EXHIBIT 3 To Tiburon Master Support Agreement a THIRD-PARTY SUPPORT CONTRACTS This Exhibit is attached to, Incorporated Into and forms part of the Tiburon Master Support Agreement, dated XXXXXXX 99, 9999, between the City and Tiburon (herein referred to as the "Agreement'). ,Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail Kent 14RA-(482292)2 9ecKeM IVISA(082202)1 UnG Page 1 Gf 1 Page 1 of 1 Undated 09128/01 Exhibit to Master Support Anreement ®2001 Tiburon, Inc All nahts reserved PROPRIETARY AND CONFIDENTIAL EXHIBIT 4 To Tiburon Master Support Agreement SITE,SYSTEM AND NETWORK SPECIFICATIONS This Exhibit is attached to, Incorporated Into and forms part of the Tiburon Master Support Agreement, dated XXXXXXX 99, 9999, between the City and Tiburon (herein referred to as the "Agreement") Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. KeaF-�r#eAt MSA{0@2202)4 des Page 1 of 1 Paae 1 of 1 Updated 09178/01 Exhibit to Master Support Aareement ®2001 Tiburon Inc All nahts reserved PROPRIETARY AND CONFIDENTIAL EXHIBIT 5 To Tiburon Master Support Agreement BACK UP SCHEDULE AND PROCEDURES • This Exhibit Is attached to, Incorporated Into and forms part of the Tiburon Master Support Agreement, dated XXXXXXX 99, 9999, between the City and Tiburon (herein referred to as the "Agreement') Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail Page 1 of 1 Updated 09121VOl Exhibd_to Master Support Agreement ®2001 Tiburon,Inc All rights reserved PROPRIETARY AND CONFIDENTIAL EXHIBIT 6 TQ Tiburon Master Sttpoort Agreement VERSION MANAGEMENT PROGRAM This Exhibit is attached to, Incorporated Into and forms part of the Tiburon Master Support Agreement, dated XXXXXXX 99, 9999, between the City and Tiburon (herein referred to as the "Aareement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement. the terms aod conditions set forth in the Agreement shall prevail KE�t 046 A (OR220212-desKont PASA-(892229-2)4 daG piny 1 of 1 Page 1 of 1 Updated 09128101 Exhibit to Master Support Agreement ®2001 Tiburon, Inc All rights reserved PROPRIETARY AND CONFIDENTIAL Kent City Council Meeting Date October 15, 2002 Category Consent Calendar 1. SUBJECT: 2003 BUDGET, SECOND PUBLIC HEARING—SET DATE FOR NOVEMBER 19 2. SUMMARY STATEMENT: Set November 19, 2002, as the second public hearing on the,2003 budget.' Public input is desired and welcome as the city proceeds with preparation of the 2003 budget. 3. EXHIBITS: None 4. RECOMMENDED BY: Finance Director (Comnuttee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALlPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E I Kent City Council Meeting Date _ October 15, 2002 Category Consent Calendar 1. SUBJECT: CAPITAL IMPROVEMENT PLAN, SECOND PUBLIC HEARING— SET FOR NOVEMBER 19 2. SUMMARY STATEMENT: Set November 19, 2002, as the second,public hearing for the 2003-2008 Capital Improvement Plan. The Capital Improvement Plan must be updated annually, and includes all capital expenditures for the next six years as described in the comprehensive plan. Public input is encouraged as the city plans for future capital facilities and infrastructure improvements. 3. EXHIBITS: None 4. RECOMMENDED BY: Finance Director (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. 6F Kent City Council Meeting Date October 15. 2002 Category Consent Calendar 1. SUBJECT: 2002 TAX LEVY FOR 2003 BUDGET—SET PUBLIC HEARING DATE FOR NOVEMBER 19 2. SUMMARY STATEMENT: Set November 19 2002 as the public hearing date for P g the 2002 tax levy for the 2003 budget. Public input is desired and welcome as the city proceeds with preparation of the 2003 budget. 3. EXHIBITS• None • 4. RECOMMENDED BY: Finance 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. 6G • Kent City Council Meeting Date October 15. 2002 Category Consent Calendar 1. SUBJECT: CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT—APPROVE 2. SUMMARY STATEMENT: Authorization for the Mayor to sign the certifications and forward the 2003-2007 Housing and Human Services Consolidated Plan to the U.S. Department of Housing and Urban Development for funding, as recommended by the Parks, Recreation and Community Services Director. 3. EXHIBITS: Memo from Supt. Katherin Johnson; copies of Certifications; and 2003-2007 Consolidated Plan draft mailed previously 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: To be determined by Federal allocations SOURCE OF FUNDS: U.S. Dept. of Housing&Urban Development 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H Parks, Recreation and Community Services • �� KENT John Hodgson, Director ....... Phone 253-856-5070 Fax 253-856-6070 Address 220 Fourth Avenue S Kent,WA 98032-5a95 Memorandum DATE September 26, 2002 TO Parks Committee FROM Katherin Johnson, Housing and Human Services Manager THROUGH John Hodgson, Director Parks, Recreation & Community Services CC Jim White, Mayor Mike Martin, Chief Administrative Officer Judy Bennett, Human Services Planner RE 2003 - 2007 Housing and Human Services Consolidated Plan Certification The process of application for Metropolitan City (Entitlement) Status required by HUD includes the submittal of a Housing and Human Services Consolidated Plan In March, the City Council authorized staff to proceed with the process of plan development A Citizen Participation Oversight Committee was convened to assist in consultant selection and oversee the Citizen Participation Process that is outlined in the statutory requirements Those members are • Dr Judy Woods, Kent City Council • Brad Bell, Human Service Commissioner • Tom Brotherton, Kent Chamber of Commerce Representative • Lois Maier, Service Club Representative • Marvin Eckfeldt, Service Club Representative • Cathy Peters, Social Service Provider Representative • John Hodgson, Parks, Recreation & Community Services Director • Kathenn Johnson, Parks Housing & Human Services Manager The comprehensive planning process continued throughout the +ear and is now complete The plan must be submitted to HUD by November 15 h, for the City to continue to receive Community Development Block Grant funds The Housing and Community Development Plan content is outlined in the federal regulations. The plan is specific to assisting low-and moderate-income residents of the city with housing and community development activities. Housing includes affordable housing, special needs housing and housing for the homeless. The Community Development portion of the plan includes infrastructure such as park facilities in low- and moderate-income neighborhoods, human services facilities, and economic development. The goal and strategies presented address all of the required areas The plan provides an assessment of the needs of low- and moderate-income residents of the city. It also provides proactive positive goals and strategies designed to improve the quality of life in Kent over the next five years. Include in the One Year Action Plan are the recommendations for funding for 2003 The Human Seances Commission reviewed the applications for funding and are forwarding the recommendations for approval Attachments.Certifications Recommended Motion* move to authorize the Mayor to sign the Certifications and forward the 2003 — 2007 Housing and Human Services Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) for funding. CERTIFICATIONS In accordance with statutes and the regulations governing Consolidated Plan regulations, the City of Kent certifies that: Affirmatively Further Fair Housing -- The City of Kent will affirmatively further fair housing, conducting an analysis of impediments to fair housing choice within the jurisdiction, developing strategies and taking appropriate actions to overcome the effects of any impediments identified through the analysis, and maintaining records reflecting the analysis and actions taken to further the strategies and actions Anti-displacement and Relocation Plan — The City of Kent will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24, and it has in effect and is following a residential anti-displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in 'connection with any activity assisted with funding under the CDBG or HOME programs, Drug Free Workplace — The City of Kent will continue to provide a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701) by 1 Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession; or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition, 2 Maintaining an ongoing drug-free awareness to inform employees about (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace (c) Available drug counseling, rehabilitation, and employee assistance programs, and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, 3. Establishing a policy that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1, 4 Notifying each employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement, and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction, 5 Notifying HUD in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant 6 Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency, 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6 8. Providing the street address, city, county, state and zip code for the site or sites where the performance of work in connection with the grant will take place For functions carried out by employees in several departments or offices, more than one location will be specified It is further recognized that sites may be added or changed during the course of grant-funded activities The City of Kent will advise the HUD Field Office by submitting a revised Place of Performance form The City of Kent recognizes that the period covered by this certification extends until all funds under the specific grant have been expended Anti-Lobbying --To the best of the City of Kent's knowledge and belief. 1. No Federally appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and y 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly Authority of Jurisdiction -- The Consolidated Plan is authorized under State and local law (as applicable) and the City of Kent possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135 Signature/Authorized Official Date Mayor Jim White i Specific CDBG Certifications The City of Kent, as an Entitlement Community, certifies that- Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91 105 Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the statute authorizing the CDBG program, as described in CFR 24 570 2 and CFR 24 part 570. Following the Consolidated Plan -- It will follow the five year-Consolidated Plan as approved by HUD Use of Funds -- It has complied with the following criteria- 1 Maximum Feasible Priori With respect to activities expected to be assisted with CDBG funds, the City of Kent certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight The Action Plan may also i^�e—include activities which the'grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available to meet such needs), 2 Overall Benefit The aggregate use of CDBG funds including section 108 guaranteed loans during the program years covered by the plan, shall principally benefit persons of low and'moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3 Special Assessments The City of Kent will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment 11 Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the, use of excessive'force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within its jurisdiction, Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act(42 USC 3601-3619), and implementing regulations Lead-Based Paint — The City of Kent's notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR 570608, Compliance with Laws -- It will comply with applicable laws Signature/Authorized Official Date Mayor Jim White APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S Code Any person who fads to file the required certification shall be subject to a civil penalty'of not less than $10,000 and not more than $100,000 for each such failure B Drug-Free Workplace Certification 1 By signing and/or submitting this application or grant agreement, the City of Kent is providing the certification 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug- Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act 3 Workplaces under grants, for grantees other than individuals, need not be identified on the certification If known, they may be identified in the grant application If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements 4 Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place Categorical descriptions may be used (e g , all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations) 5 If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the HUD of the change(s), if it previously identified the workplaces in question (see paragraph three) 6. The grantee may insert in the space provided below the " site(s) for the performance of work done in connection with the specific grant, Place of Performance (Street address, city, county, state, zip code) City of Kent 220 0 Avenue South Kent, WA 98032 Check_ if there are workplaces on file that are not identified here The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F 7 Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 US C 812) and as further defined by regulation (21 CFR 1308 11 through 1308 15), "Conviction" means a finding of guilt (including a plea of nolo contendre) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes, "Criminal drug statute" means a Federal or'non'-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance, "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including (1) All "direct charge" employees, (u) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant, and (m) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll This definition does not include workers not on the payroll of the grantee (e g , volunteers, even if used to meet a matching requirement, consultants or independent contractors not on the grantee's payroll, or employees of subrecipients or subcontractors in covered workplaces) l MONITORING The City annually conducts formal contract monitoring visits and/or makes site visits to CDBG-funded projects to ensure that activities are in compliance with City and federal regulations, including an assessment of compliance with national objectives and activity eligibility During the formal monitoring process, the provider agency's administrative structure is examined along with administrative policies and procedures to ensure compliance with regulations A detailed contract monitoring checklist is completed and forwarded to agencies, along with recommendations for improvements and needed follow-up Summaries of contract monitoring visits and recommendations are provided to the Kent Human Services Commission to Kent City Council Meeting Date October 15, 2002 a Category Consent Calendar 1. SUBJECT: BUREAU OF JUSTICE ADMINISTRATION BALLISTIC VEST GRANT—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept Bureau of Justice Administration ("BJA") Ballistic Vest Grant Funding, and establish budget documents. The Kent Police Department has received notification from BJA that the grant application has been approved for funding. The grant authorizes 50%reimbursement for the costs of our ballistic vests during the period of October 1, 2004 through September 30, 2006 for a total of$32,102.11. 3. EXHIBITS: United States Department of Justice, Office of Justice Programs Bulletproof Vest Partnership web site document email dated 5/29l02 from Office of Justice Programs announcing grant funding 4. RECOMMENDED BY: Public Safety Comnttee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUERED: $32,102.11 SOURCE OF FUNDS: BJA Vest Grant 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: 0 ACTION: Council Agenda Item No. 6I rage I of Text Version S t Q Log In 3 EasV Steps[ Let's Get Started I What's New I Program Resources I Help Central I Search 2002 Funding Results are now available and can be viewed by state. The 2002 application submission period ended Saturday, April 13th. This site is now closed to new applications until 2003. New Users Funding For Vest Purchases TheBulletproof Vest Grant Acts of 1998 (Public Law 105-181) and 2000 (Public Law Find out how-to 106 517) assist States (includes the District of Columbia, Puerto Rico, US Virgin Apply here Islands, American Samoa, Guam and the Northern Mariana Islands), units of local government, and Indian tribes, in obtaining funds to purchase ballistic and stab vests for near law enforcement officers Any vest purchased after March 1, 1999 that meets applicable National Institute of Justice standards is eligible for funding, using an ,.isting Users electronic, Internet-based application and payment request process. The entire Username process of obtaining federal funds is completed through this web site. Dates to Remember assword i The 2002 application submission period ends April 13, 2002. i The Bulletproof Vest Partnership Grant Act of 2000 was recently enacted This means the program will remain in effect for three more years, from 2002 to 2004. NIJ-approved vests purchased on or after March 1, 1999 are eligible for =rraot funding. r-sswerd' Funding Limitations �oaout The Bulletproof Vest Partnership (BVP) Grant Act of 2000 provides funding priority for Jurisdictions with populations under 100,000. Based upon availability of funds, these smaller jurisdictions will receive the full 50% of requested funds in approved applications. For larger Jurisdictions with populations at or over 100,000, the program will pay up to 50% of each applicant's total vest costs, based upon any remaining funds. Specific funding levels for larger Jurisdictions will be determined once all applications have been submitted. Given the projected number of eligible Jurisdictions and the limited funds available, the BVP may not have sufficient funds to provide 50% for applications from larger Jurisdictions. It is strongly recommended that jurisdictions and law enforcement agencies not order vests contained in their application until approved by the U.S. Department of Justice (DO]), unless they have sufficient resources to cover initial costs and any potential shortfall that may result if less than 50% is provided by DO]. The Bulletproof vest Partnership Program is pleased to announce the program was the Internet-Based Solution Winner of the 1999 Intergovernmental Open Systems Solution Gold Awardl [Disclaimer] [Privacy and Security Notice] [Freedom of Information Act] Leroy, Debra From: Thompson,Jolene Sent: Wednesday, May 29, 2002 3 03 PM To: Kern, Mary Ann, Leroy, Debra, Subject: FW FY2002 BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM FUNDING . ANNOUNCEMENT —On coal Message— From: Banister, Jan Sent Wednesday, May 29, 2002 2 49 PM To Kern, Mary Ann, Crawford, Ed, Miller, Chuck Subject FW. FY2002 BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM FUNDING ANNOUNCEMENT —Original Message— From vests@cjp gov [malto vests@ojp gov] Sent Wednesday, May 29, 2002 11 37 AM To JWHITE@CI KENT WA US Subject FY2002 BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM FUNDING ANNOUNCEMENT Congratulations On behalf of Assistant Attorney General Deborah Daniels and the Bureau of Justice Assistance (BJA), it is my pleasure to officially announce that KENT CITY 's application for the 2002 Bulle roofVest Partnership Grant Program has been approved in the amo nt of$ 32102 11 This amount represents the maximum federal funds available These funds • may be used to pay up to50% of the cost of approved vest purchases. BJA has strived to be a responsive partner with state and local law enforcement in providing resources to departments for the purchase of protective body armor The threats you and your fellow officers face each day requires our unyielding diligence to ensure this program and others like it continue to meet your needs Since the BVP program began in 1999, BJA has provided over$94 million to support the purchase of several hundred thousand vests nationwide In the very near future, you will be notified when this year's funding is available for direct, online payment requests Additional information about program requirements will also be forthcoming If you need any immediate assistance, please call our toll-free technical support team at 1-877-758-3787 Thank you Sincerely, Richard R Nedelkoff Director, BJA • i Kent City Council Meeting Date October 15, 2002 Category Consent Calendar 1. SUBJECT: TRANSIT SERVICE AGREEMENT BETWEEN THE CITY AND KING COUNTY- AUTHORIZE 2. SUMMARY STATEMENT: As recommended by Public Works Committee, authorization for the Mayor to sign the amended Transit Service Agreement extending the term of the Agreement and change the renewal period to a calendar year schedule. 3. EXHIBITS: Public Works Director memorandum, CTR Program Coordinator memorandum and Transit Service agreement for Kent Shuttle 4. RECOMMENDED BY: Public Works Committee (Comnuttee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councihnember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P E. Public Works Director a Phone 253-856-5500 �IKNT Fax 253-856-6500 WASH IN G T O H Address 220 Fourth Avenue S Kent,WA 98032-5895 i Memorandum DATE October 9, 2002 TO Mayor and City ou ell FROM Don Wickstrom is Works Director RE Contract Amendment for"Shopper Shuttle" This agreement allows the City of Kent to provide transit service on route 914 and 916 at no charge to passengers The City of Kent reimburses King County for the expected amount of fare revenue based upon a survey of actual rider demographics This contract specifies the amount of that fare reimbursement for the life of this Agreement' This amendment to the Agreement results in no change in the cost to the City It simply extends the term of the Agreement and changes the renewal period to a calendar year schedule i MEMORANDUM To- Don Wickstrom,Public Works Director From: Cathy Mooney, CTR Program Coordinator PUBLIC WORKS Thru: Steve Mullen,Transportation Engmeenng Manager Don E Wickstrom, P E. Director of Public Works Date- September 13,2002 Phone 253-856-5500 Fax 253-856-6500 RE. Contract Amendment for"Shopper Shuttle" 220 Fourth Ave S. Kent,WA 98032-5895 This amendment extends the term of this Agreement to December 31,2003. W. Transit Service Agreement By and Between King County and The City of Kent NIMMIM: May 30, 1999 through May 30, 2001 M Fare reimbursement. This agreement allows the City of Kent to provide transit service on routes 914 and 916 at no charge to passengers. The City of Kent reimburses King County for the expected amount of fare revenue based upon a survey of actual rider demographics. This contract specifies the amount of that fare reimbursement for the life of this Agreement. .®: $1,772 per month. This amendment to the Agreement results in no change in the cost to the City It simply extends the term of the Agreement and changes the renewal period to a calendar year schedule The original Agreement was signed by Mayor White. I recommend that this amendment to the Agreement be approved by you and forwarded to the Mayor for his signature. Attachments- Two copies of Amendment No. 1 for signatures Cover letter from Mike Beck,KC Contract Administrator SEP 112002 ENGINEERING DEPT King County Metro Transit Division Service Development Section Department ofTransportatton Kmg SVret Center 201 South Jackson Street M S KSC-TR-041-6 Seattle,WA 98104-3856 September 104 2002 Cathy Mooney Public Works City of Kent 220 Fourth Avenue S. Kent, WA 98032 Cathy, Enclosed for the,City's signature are two copies of Amendment No. 1 between the City of Kent and King County extending the term of the Route 914/916 Kent Service Agreement to December 31, 2003. Under this agreement the City of Kent reimburses the County for the fare revenue that normally would be collected for this"free fare" service($1,772/month) Please have both copies signed and returned to me at: King County Metro Contract Services, mailstop KSC-TR-0426 201 S. Jackson Street Seattle, WA 98104 After obtaining the appropriate County signatures, one executed onginal of the amendment will be returned to you for your files If you have any questions or wish to discuss this amendment further, I can be reached at(206) 684-1753. With best regards, M� Mike Beck Contract Administrator Enclosure TRANSIT SERVICE AGREEMENT (ROUTE 914/916 - KENT SHUTTLE) AMENDMENT NO. 1 This Amendment to the Transit Service Agreement for the Kent Shuttle-Route 914/916 ("Amendment")is executed as of _by and between the City of Kent (hereinafter referred to as the"City")and King County,(hereinafter referred to as the"County'). Backaround A. Effective May 30, 1999,the City and the County entered into a Transit Service Agreement for 11 the Kent Shuttle- Route 914/916("Agreement") for the provision and fare reimbursement of shuttle service serving the Kent community. B. The City and County desire to enter into this Amendment to reflect changes in the Agreement. Aireements The City and the County hereby agree that the Transit Service Agreement cited above is amended as hereinafter set forth• 1. SECTION 6-TERM The term of this Agreement is extended to December 31,2003 2. NO MODIFICATIONS Except as expressly amended by this Amendment,the Agreement remains in full force and effect. Amendment No 1 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Kent Shuttle Transit Service Agreement as of the date set forth below its signatm. a CITY OF KENT KING COUNTY Signature Signature Title Title Date Date Amendment No,1 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Kent Shuttle Transit Service Agreement as of the date set forth below its signature. CITY OF KENT KING COUNTY Signature Signature Title Title Date Date Amendment No, 1 2 • Kent City Council Meeting Date October 15, 2002 a Category Consent Calendar 1. SUBJECT: 2003 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATIONS—APPROVE 2. SUMMARY STATEMENT: The Parks, Recreation and Community Services Director recommends approving the Proposed 2003 Community Development Block Grant Program Funding Allocations including the contingency plan, authorizing the Mayor to execute the appropriate contracts. 3. EXHIBITS: Memo from Supt. Katherin Johnson; program description; and staff analysis . 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: $613,000.00 SOURCE OF FUNDS: Communitv Development Block Grant Program 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K Parks, Recreation and Community Services John Hodgson, Director Phone:253-856.5070 Fax: 253-856-6070 T.......... Address 220 Fourth Avenue S Kent,WA 98032-5895 Memorandum DATE: September 26, 2002 TO: Parks Committee FROM: Katherin Johnson, Housing and Human Services Manager THROUGH John Hodgson, Director Parks, Recreation & Community Services CC: Jim White, Mayor Mike Martin, Chief Administrative Officer Judy Bennett, Human Services Planner RE: Proposed 2003 Community Development Block Grant Program - Funding Allocations Attached is the proposed 2003 Community Development Block Grant (CDBG) Program for the City of Kent The estimate of $613,000 00 is an approximation from HUD The estimate is based on the U S Department of Housing and Urban Development (HUD) 2002 budget This may increase or decrease due to changes in the appropriation by Congress. On September 19, 2002, the Human Services Commission reviewed and approved the funding levels for all of the programs. A description of each program and the rationale for the recommended funding is attached for your review As in past years, a major portion of the CDBG funds is recommended to support the City's Home Repair Program This program continues to serve many low-income, disabled and senior homeowners in Kent by providing needed repairs The program also guarantees that some of Kent's low and moderate income housing stock is maintained and preserved The amount of money Kent may receive could change depending upon the final federal appropriations bill Congress passes in the fall. Therefore, the recommended funding includes a contingency plan to address any potential fund changes that may occur when Congress adopts the 2003 budget. Attachments Program description Staff Analysis Recommended Action: move to approve the Proposed 2003 Community Development Block Grant(CDBG) Program Funding Allocations including the contingency plan and authorize the Mayor to execute the appropriate contracts 11 I � 2003 Kent CDBG Program Public Service Community Health Centers $ 34,942 00 Emergency Feeding Program $ 21,148 00 YWCA $ 35,86000 Total Public Service $ 91,950.00 • In the event of an increase the additional funds will first be allocated to the Multi Service Center Housing Stability Program • If the increase is less than$5,000 the increase will be divided equally between the recommended agencies • If there is a decrease in 2003 CDBG Funds,the decrease will be split proportionately between the funded agencies Capital Kent Home Repair Program $300,000 Kent Parks,Recreation&Community Services—Kiwams Tot Lot 4 $62,808 Cluldren's Therapy Center—Community Facility Rehabih[anon $35,642 Total $398,450 Increase If there is an increase in the 2003 CDBG Capital allocation above the preliminary estimate of $398,450. • Additional funds (up to $100,000)will be allocated to the Children's Therapy Center Community Facility Project • Additional capital funds received in excess of$100,000 recommended for the Children's Therapy Center preliminary estimate will be allocated to the Kent Youth and Family Services Elevator Project Decrease If there is a decrease in the 2003 CDBG Capital allocation- Funding for the Children's Therapy Center Community Facility Project will be decreased Planning & Administration $122,600 1 � I PROPOSED CITY OF KENT a 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STAFF ANALYSIS I CAPITAL PROJECTS 1. CITY OF KENT HOME REPAIR PROGRAM Amount Requested: $300,000 Program Summary: The City's Home Repair Program provides minor repairs and major services to residents of eligible housing located within the City of Kent. The proposed 2003 program includes a temporary summer positron CDBG funds will pay the salaries of home repair staff(who do the actual minor repairs program administration), supplies for minor repairs, vehicle rental, fuel and maintenance costs, office supplies, miscellaneous administrative fees, and contractor fees for major repairs Local and Federal Policies and Priorities: The proposed project complies with local'and Federal policies Staff Funding Recommendation: $300,000 Rationale: The City should continue its commitment to the Home Repair Program, which has operated in the City since 1975 when the Federal CDBG program began The program serves f 00% low and moderate income Kent residents Many of the clients are seniors or disabled persons, the program helps people remain in their homes and helps to maintain and preserve Kent's housing stock 2. CITY OF KENT'S PARKS, RECREATION &COMMUNITY SERVICES DEPARTMENT Kent Kiwanis Tot Lot#4 Rehabilitation Amount Requested: $62,808.38 Project Summary: The proposed funding would be used to replace existing decayed play equipment with a new safe, handicapped accessible play structure The current sand-filled area is not handicapped accessible The area will be resurfaced with a poured-in-place rubber surface Kiwanis Tot Lot #4 is a neighborhood park located in a Census Tract where 77% of the residents are low and moderate income The park will offer unorganized recreational opportunities to low and moderate income children and families Local and Federal Policies and Priorities: The proposed project complies with all local and Federal policies Staff Funding Recommendation. $62,808 Rationale: This project will provide accessibility for the non-ambulatory. In addition, the project will enhance recreational opportunities in a low and moderate-income neighborhood This 0 funding provides for play area improvements badly needed at the site In addition,the including the State Housing Trust Fund and the King County Housing Finance Program Ongoing support services will be provided. . Local and Federal Policies and Priorities: The proposed project complies with local and Federal policies Staff Funding Recommendation: $-0- Rationale: There is not enough funding available to support this project 14. BENSON EAST DUPLEXES Amount Requested. $30,000 Program Summary: The Low Income Housing Institute (LIHI), development sponsor for the project, will purchase and rehabilitate Benson East Duplexes, a 32 unit, site based Section S project at risk of sale as market rate housing. A Limited Liability Corporation has been formed and the unique collaboration will directly involve the tenants in the non-profit corporation Local and Federal Policies and Priorities, The proposed project complies with local and Federal policies Staff Funding Recommendation: $0 Rationale: There is not enough funding available to fund this project i i �5 I I Kent City Council Meeting Date October 15, 2002 + Category Consent Calendar 1. SUBJECT: PARKS FEE-IN-LIEU OF FUNDS TRANSFER—APPROVE 2. SUMMARY STATEMENT: The Parks, Recreation and Community Services Director recommends accepting the fee-in-lieu of funds totaling $7,125.00 and amending the 132nd Avenue Neighborhood Park budget. 3. EXHIBITS: Copy of memo from Supt. Lori Flemm and copy of revenue report . 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff,Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: $7,125.00 Revenue SOURCE OF FUNDS: Revenue report 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L Parks, Recreation and Community Services John Hodgson, Director • Phone 253-856-5110 KENT Fax 253-856-6050 Address 220 Fourth Avenue 5 Kent,WA 98032-5895 Memorandum DATE. September 30, 2002 TO: Kent City Council - Parks Committee FROM: Lon Flemm, Supt. Parks Planning and Development THROUGH- John Hodgson, Director Parks, Recreation & Community Services RE: Fee-In-Lieu of Funds for 132nd Avenue Neighborhood Park - Accept and Amend Budget From July through September 2002, the City of Kent received a total of $7,125 00 from one subdivision who voluntanly paid fee-in-lieu of funds dedicating parkland to mitigate the development of single family homes The city has five years from the date of deposit to spend these funds for park acquisition, development, or open space Funds are used at a park close to the subdivision Attachments: Copy of revenue report Recommended Motion move to accept the fee-in-lieu of funds totaling $7,125.00 and amend the 132nd Avenue Neighborhood Park budget. a a IL 0 o_ 0 0 o •' O1 c a B i i - m w m m O a L ' W E m 3 0 v c m G � N m N N O C C K N y c o O7 oT i T a U J x O O $ a m y u no T O F- 10 u m o � o 0 0 0 0 0 0 N C N N N `m w d m m a H 1�- w $ 2 7 `m a N J m y m O N N A O � u u • a •• N m a 7 a O m y 0 N Kent City Council Meeting Date October 15, 2002 Category Consent Calendar 1. SUBJECT: INTERLOCAL PURCHASING AGREEMENT BETWEEN CITIES OF KENT AND BELLINGHAM—APPROVE 2. SUMMARY STATEMENT: As recommended by the Operations Committee at their October 1, 2002 meeting, authorization for the Mayor to sign an intergovernmental purchasing agreement between Kent and Bellingham in order to benefit both cities in various areas of purchasing. 3. EXHIBITS: Memo from Finance Director Miller 4. RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: fo ACTION: Council Agenda Item No. 6M FINANCE DEPARTMENT May Miller, Director Phone 253-856-5260 K Fax 253-856-6255 W A S H t N G T O N Address 220 FourthAvenue S Kent,WA 98032-5895 Memorandum DATE October 1, 2002 TO Operations Committee THROUGH. FROM May Miller CC: RE: Mayor to sign Intergovernmental Purchasing Agreement between Kent and Bellingham We are requesting authorization for the Mayor to sign an Intergovernmental Purchasing Agreement between Kent and Bellingham. Kent's City Attorney's office has reviewed this agreement which will provide opportunities for both cities From time to time each party goes out to public bid and contracts for supplies,materials, equipment, or services, such as Kent's recent Request for Proposal for office supplies and services Boise Cascade was the company selected and the City of Bellingham would like to "piggy-back" on our new contract but they were unable to do this because we did not have an Intergovernmental Purchasing Agreement between the two cities In the future,this Intergovernmental Purchasing Agreement will benefit both cities in various areas of purchasing and vendors will have the opportunity to complete the bidding process as well COUNCIL ACTION Authorize Mayor to sign the Intergovernmental Purchasing Agreement between Kent and Bellingham I Kent City Council Meeting Date October 15, 2002 Category Consent Calendar L SUBJECT: INTERLOCAL AGREEMENT TO PROVIDE FIRE PREVENTION SERVICE TO THE CITY OF COVINGTON—AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Mayor to execute an interlocal agreement with the City of Covington to provide fire code safety inspections and plan reviews to the City of Covington for a fee. Covington has adopted a series of safety codes,including the Uniform Fire Code ("UFC"),UFC Appendices and UFC Standards which regulate the building, maintenance, and use of structures. Kent's Fire Department maintains a fire prevention division that regularly conducts fire code safety inspections and plan reviews. Covington desires to utilize the resources of Kent to assist Covington in conducting fire code safety inspections and plan reviews. Covington will compensate Kent for conducting such safety inspections and plan reviews. 3. EXHIBITS: Interlocal agreement 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE CITY OF COVINGTON RELATING TO INSPECTIONS AND DEVELOPMENT REVIEW CONDUCTED PURSUANT TO THE UNIFORM FIRE CODE THIS INTERLOCAL AGREEMENT, hereinafter "Agreement," is entered into between the CITY OF KENT, hereinafter "Kent," and the CITY OF COVINGTON, hereinafter"Covington." WHEREAS, Kent and Covington are public agencies as defined by Ch. 39 34 of the Revised Code of Washington, and are authorized to enter into mterlocal agreements on the basis of mutual advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities, and WHEREAS, Covington incorporated, effective August 31, 1997, and WHEREAS, Covington has adopted a series of safety codes, including the Uniform Fire Code ("UFC"), UFC Appendices and UFC Standards which regulate the building, maintenance, and use of structures; and WHEREAS, Kent's Fire Department maintains a fire prevention division that regularly conducts fire code safety inspections and plan reviews, and WHEREAS, Covington desires to utilize the resources of Kent to assist Covington in conducting fire code safety inspections and plan reviews; and WHEREAS, Covington has agreed to compensate Kent for conducting such safety inspections and plan reviews, NOW THEREFORE, in consideration of the terms and provisions contained herein, it is agreed between Kent and Covington as follows. 1. Purpose It is the purpose of this Agreement to establish the framework to effectuate Covington's desire to have Kent perform certain services required by the UFC To that end, Kent hereby agrees to perform for payment the following services for Covington; 1 1 Inspection pursuant to the UFC; 1.2 Plan review pursuant to the UFC, 13 Fireworks stand and display inspection. INTERLOCAL AGREEMENT RELATING TO INSPECTIONS AND DEVELOPMENT REVIEW CONDUCTED PURSUANT TO THE UNIFORM FIRE CODE- 1 of S (btwn Kent and Covington) 2 Inspections 2.1 UFC Shall Control. Inspections shall be performed pursuant to sections 101, 102, 103, and 105 of the UFC; however, Kent will not perform any home business inspections. 2.2 Additional Inspections In addition to other inspections, Kent will perform necessary field inspections of fire suppression systems, fire detection equipment, and other required systems to substantiate compliance with the UFC during various stages of construction on new, renovated, and existing buildings Kent shall be responsible for witnessing acceptance tests of automatic fire suppression systems, fire alarm systems, and fire detection systems Such tests shall be performed by an installer or an approved certified technician. 23 Manner of Inspections Unless otherwise specifically stated in this Agreement, inspections performed by Kent shall be performed for Covington in the same manner and under the same circumstances as such inspections would be performed for Kent 24. Frequency of Inspections Kent shall perform inspections in accordance with section 105 of the UFC at least annually. 2.5. UFC Permits If Kent determines that a UFC Permit has not been issued for any activity, operation, practice or function being performed at a place of business or assembly, Kent shall'deliver an application for UFC Permit Qo the person responsible for the business or place of assembly, along with instructions that the application must be submitted and filed with Covington 26. Notice of Violation - Re-Inspection Subsequent to an inspection, and in the event that it is determined that a violation exists, Kent shall deliver, either personally or by mail, a notice of violation to the person responsible for the violation or delivering same to and leaving it with a person of suitable age and discretion upon the premise and request that the person abate the violation Thereafter, the property may be re-inspected to determine compliance. If, after re-inspection, it is determined that the person responsible for the violation has failed to correct or abate the violation, Kent will forward to Covington the name of the person responsible for the violation, the location address of the violation, and a description of the violation. 2.7. Code Enforcement Although Kent shall provide inspection services, Covington shall be responsible for taking any action to enforce the provisions of the UFC. Covington shall be fully responsible for bringing any cause of action before any court, hearing examiner, board, committee, or other body empowered to determine responsibility for violations of the UFC and shall be responsible for pursuing fines, penalties, compliance, and abatement. Kent staff who inspected the property in violation shall appear before any court, INTERLOCAL AGREEMENT RELATING TO INSPECTIONS AND DEVELOPMENT REVIEW CONDUCTED PURSUANT TO THE UNIFORM FIRE CODE-2 of 8 (btwn Kent and Covington) hearing examiner, board, committee or other body empowered to enforce the provisions of the UFC in order to assist Covington with enforcing the UFC 3, Plan Review 3 1 In General Kent shall review plans for building' construction, building alteration, and as required by the UFC. 3.2 Plan Review Subjects Plans shall be reviewed for the following. 3.21 Need for fire engineering and UFC permits, 3.22 Fire hydrant locations, 32.3 Locations of post, indicator valves, fire department connections for standpipes and sprinkler systems, and fire protection and alarm system components; 3.2.4 Key box locations and approval; 3.2.5 Fire flow requirements; 32,6 Fire flow availability in all areas where the water/sewer district does not have sufficient information; 3.2.7 Fire department access to property and buildings for fire fighting purposes, including designated fire lanes; 32.8 Need for fire detection and protection systems, 329 Automatic fire suppression systems, fire alarm systems and fire detection systems, and 3.2.10 Tanks and silos 33 Time for Review Kent shall have a period of time, to average two (2) weeks to conduct initial review of plans and to provide comments regarding such plans as mutually agreed to by the administrators of this Agreement Upon completion of such review, the plans along with any comments shall be returned to Covington. 3.4 Kent to be Available to Discuss Plans Kent shall be available to Covington and the party who submitted the plans to discuss any comments to the plans or the requirements of the UFC. 3.5 Issuance of Permits - Collection of Fees Covington shall be responsible for issuing all building permits and collecting all permit fees. 3.6 Final Inspection With the exception of non-sprmklered single- family dwellings or private garages not larger than three (3) stalls, Kent and Covington will jointly conduct final inspections of new buildings or tenant improvements INTERLOCAL AGREEMENT RELATING TO INSPECTIONS AND DEVELOPMENT REVIEW CONDUCTED PURSUANT TO THE UNIFORM FIRE CODE-3 of 8 (btwn Kent and Covington) 3 8 Other Services Necessary. Kent will provide additional services necessary during the permit review process, Including pre-application review,pre- construction conferences, meetings, phone calls, and other such activities deemed necessary to provide a high level of customer service and effectively implement the intent of this Agreement and of the Uniform Fire Code. 4 Fireworks Stands Kent will review applications and perform field inspections of fireworks stands and tents and public fireworks displays for compliance with applicable laws. Covington shall be responsible for accepting applications for fireworks stands and tents, or displays, issuing permits, and obtaining any insurance or bonds required by law. 5 Fire Investizattons Not Within Scope of Agreement, Kent will not be responsible for conducting fire investigations under this Agreement 6. Duration. This Agreement shall become effective on the,last date this Agreement Is ratified by the legislative body of Covington and the legislative body of Kent. Unless terminated by either party in accordance with section 8 below, entitled "Termination," this Agreement shall remain in full force and effect for 3 years. This Agreement may be extended by mutual written agreement of the parties subject to the ratification of such extension by the legislative body of each city. 7. Payment to Kent, hi consideration of this Agreement and the services provided, Covington will pay Kent an hourly rate of $100.00 for each hour of work performed by Kent Each hour shall be divided into fifteen (15) minute increments, or four(4) units Covington shall pay for each fifteen (15)minute increment, which shall be rounded to the nearest fifteen (15) minute increment Covington shall be required to pay Kent regardless of whether Covington is paid or collects fees for inspections, plan review or permits, firework stand or display permits, or investigations that involved the work of Kent. 71 Payment Structure. 71 1 Initial Payment. Although Covington will pay Kent an hourly rate of $100.00 per hour as set forth above, the parties agree that in order to provide a baseline for budget planning, Covington will initially pay Kent based upon an estimated 500 hours of work per year, which will result in the payment of $50,000 00 annually in four (4) quarterly installments of $12,500 00 each due thirty (30) days after the end of the quarters For the purposes of this Agreement, the quarters shall end on March 31, June 30, September 30, and December 31 of each year 7.1.2 Annual Adjustment. Annual adjustments will be made in January of the following year to reflect the actual costs of providing services during the previous year to ensure that: INTERLOCAL AGREEMENT RELATING TO INSPECTIONS AND DEVELOPMENT REVIEW CONDUCTED PURSUANT TO THE UNIFORM FIRE CODE-4 of 8 (btwn Kent and Covington) (1) Kent is paid at the $100 hourly rate as set forth above; and (2) Covington does not pay Kent for more than the actual number of hours that Kent performs under the Agreement The annual adjustment will be based upon the actual hours of work performed by Kent as presented in its quarterly statements submitted to Covington pursuant to section 8.2 below. 7 1.3 Reconciliation of Estimated Hours vs Actual Hours. If, as of December 31 of the contracting year, Kent has performed fewer than 500 hours of service during that calendar year, Covington will receive a credit equal to $100.00 for every hour less than 500 hours If, as of December 31 of the contracting year, Kent has performed more than 500 hours during that calendar year, Covington will receive a debit Credits and debits will be reconciled by applying one fourth of the credit or debit amount to each of the next four (4) quarterly payments 7.2 Billing Statement. Kent will submit a quarterly statement to Covington that will contain the following information in a form agreed upon by the board 7 2 1 Occupancy name, 722 Address, 7.2 3 Type of service provided, 7.24 Hours of work; and 72.5 Permit number. 73 Billing Statement Dispute hi the event that there is a dispute regarding the amount of money owed by Covington to Kent, the board shall make every effort to resolve such dispute In the event that there is no resolution to the dispute, the disputed amount shall be placed into escrow with a licensed escrow company until the dispute is resolved by agreement of the parties or in a court with jurisdiction over the subject matter of the dispute. 8 Termination 8 1 Termination by Notice This Agreement may be terminated by either party upon it providing the other party with 180 days advance written notice of such termination 82 Termination by Mutual Written Agreement This Agreement may be terminated at any time by mutual written agreement of the parties INTERLOCAL AGREEMENT RELATING TO INSPECTIONS AND DEVELOPMENT REVIEW CONDUCTED PURSUANT TO THE UNIFORM FIRE CODE-5 of 8 (btwn Kent and Covington) 93 Termination for Breach Kent may terminate this Agreement with fourteen (14) days advance written notice upon the failure of Covington to make . payments as required by this Agreement Covington may terminate this Agreement upon fourteen (14) days advance written notice in the event Kent fails to provide services as required in this Agreement 9. Retention of Records All records, documents and drawings pertaining to fire prevention efforts created under this interlocal agreement will be maintained at the City of Covington City Hall and be the sole property of the City of Covington. Covington shall provide access to and copies of any records relating to work performed under this interlocal agreement to Kent as requested 10. Administration ofAQreement. To carry out the purpose of this Agreement; a two-person board is hereby created to administer this Agreement The board shall consist of the Fire Chief for the City of Kent Fire Department, and'the City Manager for the City of Covington The board shall meet no less than one time per year to discuss the performance of the obligations of Kent and Covington pursuant to this Agreement. The Fire Chief for the City of Kent Fire Department shall be deemed the Fire Chief for the, purposes of effectuating the terms of the Uniform Fire Code applicable to this Agreement. 11. Loeistics and Equipment. ,Prior to beginning the work pursuant to this Agreement, the board shall determine where the records generated pursuant 'to this Agreement will be retained, whether Covington will provide office space, a computer, a telephone, or any other equipment necessary to perform the duties under this Agreement 12 Indemnification and Hold Harmless. Covington agrees to defend, indemnify, and hold harmless Kent and each 'of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or tortious actions or inactions by Kent or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. All costs, including but not limited to attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards of compensation, awards of damages of every kind, etc , shall be paid by Covington or its insurer This provision shall survive the expiration of tlus Agreement This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this interlocal Agreement is not enforceable Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Kent and Covington, its officers, officials, employees, agents and volunteers, Covington's liability hereunder shall be only to the extent of Covington's negligence INTERLOCAL AGREEMENT RELATING TO INSPECTIONS AND DEVELOPMENT REVIEW CONDUCTED PURSUANT TO THE UNIFORM FIRE CODE-6 of 8 (btwn Kent and Covington) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES COVINGTON'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER 13. Insurance Each city shall carry and maintain, for the duration of this Agreement, general liability, property damage, and errors and omissions insurance coverage with an admitted carrier for the state of Washington with the following minimums. General Liability: $1 million per occurrence; and Property Damage. $1 million per occurrence, and Errors and Omissions: $1 million per occurrence. The insurance policies of each city shall name the other city and its officials, officers, employees, and volunteers, who are acting within the scope of this Agreement as additional named insureds for, any and all actions taken by each city, its • officials, officers, employees, and volunteers in the scope of their duties pursuant to this Agreement The insurance policy or policies shall have a thirty (30) days prior notice of cancellation clause to be given to the other city, in writing, in the event of termination or material modification of the insurance coverage The insurance shall be "occurrence based" rather than "claims made " In the alternative, each city may satisfy the requirements of this section by becoming or remaining a participant in an authorized self insurance pool in the state of Washington with "protection equal to or greater than that specified herein" 14 Miscellaneous 14.1 Amendments This Agreement may only be amended by mutual written agreement of Kent and Covington, except that extensions to this Agreement must be approved by the legislative body of each city. 14.2 Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated 143 Interpretation The legal presumption that an ambiguous term of this Agreement should be interpreted against the party who prepared the Agreement shall not apply INTERLOCAL AGREEMENT RELATING TO INSPECTIONS AND DEVELOPMENT REVIEW CONDUCTED PURSUANT TO THE UNIFORM FIRE CODE-7 of 8 (btwn Kent and Covington) 14.4 Ownership of Property. Any property owned and used by Kent in connection with this Agreement shall remain the property of Kent, and any property owned and used by Covington shall remain the property of Covington 14.5 Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. COVINGTON: KENT: CITY OF COVINGTON. CITY OF KENT. By: By (signature) Print Name: Andy Dempsey Print Name Jim White, Its Cit ry Manager Its Mayor (Title) DATE- DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Andy Dempsey, City Manager Jun Schneider, Chief City of Covington City of Kent Fire Department 17210 SE 272na Street 220 Fourth Avenue South Covington, WA 98042 Kent, WA 98032 (253) 638-1110(telephone) (253) 856-4300 (telephone) (253) 638-1122 (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: Duncan Wilson, Arthur"Pat" Fitzpatrick, City Attorney Deputy City Attorney INTERLOCAL AGREEMENT RELATING TO INSPECTIONS AND DEVELOPMENT REVIEW CONDUCTED PURSUANT TO THE UNIFORM FIRE CODE-8 of 8 (btwn Kent and Covington) Kent City Council Meeting Date October 15. 2002 Category Consent Calendar 1. SUBJECT: CANTERBURY GLEN FINAL PLAT (AKA LOCUST LANE) FSU-99-2/#2022569—APPROVE 2. SUMMARY STATEMENT: Approve'the final plat submitted by Pacific Industries, Inc. for Canterbury Glen. On August 18, 1999, the Hearing Examiner issued his Findings, Conclusions, and Decision on the preliminary 15-lot residential subdivision. 3. EXHIBITS: Memo with conditions and map • 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REOUIItED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Community Development Director PLANNING SERVICES Charlene Anderson,AICP,Manager Phone 253-856-5454 KEN T Fax, 253-856-6454 w.S H I M o,o ff Address. 220 Fourth Avenue S Kent,WA 98032-5895 October 7, 2002 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS, AND CITY COUNCIL MEMBERS FROM' CHARLENE ANDERSON; AICP, PLANNING MANAGER MEETING DATE' OCTOBER 15, 2002 SUBJECT: CANTERBURY GLEN FINAL PLAT (#FSU-99-2/Kiva #2022569) (aka Locust Lane) On August 18, 2002, the Hearing Examiner issued Findings, Conclusions and Decision with conditions for the Canterbury Glen Subdivision #SU-99-2 (aka Locust Lane) The applicant, Pacific Industries, Inc., is subdividing 3.0 acres into 15 single-family residential lots. The property is located at 12520 SE Kent-Kangley Road. The applicant has complied with the conditions required prior to recording Staff recommends the City Council approve the Canterbury Glen Final Plat (#FSU-99-2/Klva #2022569) with the attached conditions and authorize the Mayor to sign the mylar. CA/mjp/S IPermdlPlanllongplatsl200212022569FSU992CC doC Enclosure o �Op Sp• / / I �• 1 43' �i 83' 70' rl I IJ r N \ \4 .14 o l l 2 � �� \ y4 45'Ai Ir I e 45' d \ 1 OD 80 v Ra \ may\\ D ti cn 3O m �. $m 0 0RI O �, HW — I ca .0 �I 75 O ^�" to is- Sq �,'m 77 D - V 32 N 167 TRACT C ,� a iS- 65 Z �' 163 3289 SF 15 C— (�: G a"a 56' 77' I C O m (p ° !W o° I ifl TA ri ram\ ' At I co C � I 7 � 103' 86' 129' � 115 (D 1 43Z oU' r 1 m z z D r W LO( V m O J m � YOU II II II II II II II it II II II II II II II 127TH_AVE SE_ II II \ A .may E CANTERBURY GLEN (aka Locust Lane) #SU-99-2 KIVA#RPP5-2022569 THE HEARING EXAMINER APPROVED THE ABOVE-MENTIONED PRELIMINARY PLAT WITH THE FOLLOWING FINDINGS ON AUGUST 18, 1999. A. GENERAL CONDITIONS OF APPROVAL 1. The Owner/Subdivider shall implement all mitigation measures required by the Determination of Non-Significance for SEPA checklist #ENV-99-12 for Locust Lane. 2 In order to protect water lmes, 'no construction vehicles may access the subject property via 127th Avenue SE or 1280h Avenue SE Construction vehicles shall have access to the subject property via 124th Avenue SE only. 3. The Owner/Developer shall give 30 days notice to Vaughn James prior to excavation of the subject property 4. Prior to excavation of the subject property, the residence located on proposed lot 10 shall be disconnected from the well operated by Harriet and Vaughn James B. PRIOR TO RECORDING THE LOCUST LANE SUBDIVISION: 1 The Owner/Subdivider shall receive approval for engineering drawings submitted to the Department of Public Works for review and approval, and either construct or bond for the following: a. The sewer system shall be extended from the existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area. hi addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties as determined by the City. The septic system serving the existing home(s) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations b. A water system meeting domestic and fire flow requirements for all lots within the subdivision. Water service for this subdivision will be provided by Water District #111. Existing wells, if any, shall be abandoned in accordance with the requirements of the Department of Ecology C. Detailed Drainage Plans meeting the requirements of the City of Kent Construction Standards and published City of Kent Development' Assistance Brochures related to stormwater management. (1) The Owner / Subdivider shall construct an on-site retention / retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to both stormwater runoff quantity and quality. The detention / retention pond storage volume and release criteria shall be that for the Soosette Creek; the pre-development condition shall be assumed to be forest only unless otherwise determined by the Director of Public Works. (2) An infiltration pond retention system is the preferred alternative for mitigation of stormwater impacts and this alternative shall be required unless proven unfeasible by the Owner / Subdivider in the submittal for the Preliminary Drainage Plan. (3) As development occurs within this subdivision, roof downspouts for each roofed structure (house, garage, carport, etc ) shall be directed to Roof Downspout Infiltration Trenches, or Perforated Stubouts, meeting the requirements of the Department of Public works. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trench, or Perforated Stubout, and will provide for private stormwater stubouts to each lot for future connection from the Roof Downspout Infiltration Trenches, or Perforated Stubouts. The face of the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH (PERFORATED STUBOUT) SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS (4) The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water CANTERBURY GLEN i (aka Locust Lane) #SU-99-2 KIVA#RPPS-2022569 Page 2 of 6 quality from the point of discharge from the site downstream a distance of at least one quarter mile or to the point where stormwater discharges into Soosette Creek, whichever distance is further This downstream analysis shall meet the requirements of the City of Kent Construction Standards, and Development Assistance Brochure#5-4,Downstream Analyses d. Landscape Plans for the public stormwater management tract. These plans shall meet the requirements of the City of Kent Construction Standards and Development Assistance Brochure #5, Landscape Plans. These plans shall be submitted to both the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Detailed Drainage Plans. e. An open-to-the-air stormwater treatment system meeting the requirements of the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment; blofiltration swales; wet ponds, extended detention ponds; and created wetlands. (1) The stormwater treatment system shall be within the approved public retention/detention pond facility tract. (2) Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. f A Detailed Grading Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards and Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans These plans shall include provisions for utilities, roadways, retention/ detention ponds, stormwater treatment facilities, and a building footpad for each buildable lot within the subdivision. These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits g. A Detailed Tree Plan meeting the requirements of Section 15.08.240 of the Kent City Code and Development Assistance Brochure #3, Detailed Tree Plans. h A Temporary Erosion / Sedimentation Control Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and which reflects the Detailed Grading Plan discussed above, and the Planning Department approved Detailed Tree Plan CANTERBURY GLEN (aka Locust Lane) #SU-99-2 KIVA#RPP5-2022569 Page 3 of 6 i. Street Improvement Plans for the extension of 126th Place Southeast. These Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards and Development Assistance Brochure 46-2, Private and Public Street Improvements, for a street designated as a Residential Street by the City of Kent Master Plan of Roadways. 1. Street Light Plans meeting the requirements of the City of Kent Construction Standards and Development Assistance Brochure #6-1, Street Lighting Requirements. k. Street Improvement Plans for the Private Streets serving lots 7 & 8, and lots 12, 13, & 14 meeting the requirements of the City of' Kent Construction Standards, and Development Assistance Brochure #6-2, Private and Public Street Improvements. 1 The City of Kent shall,consult with interested area residents to develop and implement traffic controls that would minimize traffic impacts to the "walking loop" m the vicinity of SE 264th Street and 128`h Avenue SE, and would ensure ingress and egress from the subject property as planned by the City. These controls may include measures to prevent traffic exiting the subdivision from turning' east onto SE 264`h Street from 126th Place SE, or any other measures mutually acceptable to the City and neighborhood residents. Any improvements shall be funded by the City of Kent. 2. The Owner/ Subdivider shall dedicate, or deed, all necessary public rights-of-way for the required improvements and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements. 3. The Owner/Subdivider shall consult with the City of Kent to formulate a wetland mitigation plan that conforms to the requirements of the Kent City Code, as described in the July 20, 1999 Wetland Delineation and Report Review prepared by B-twelve Associates(Exhibit 3). 4. If applicable, the Owner/ Subdivider shall permanently protect the approved and preserved, and/ or enhanced, or created wetland(s) and its buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area in conformance to the requirements of the City of Kent Wetlands Management Code. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and / or approved Wetland Mitigation Plan as appropriate, unless CANTERBURY GLEN (aka Locust Lane) #SU-99-2 KIVA #RPP5-2022569 Page 4 of 6 otherwise approved. The Owner ! Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any construction permits. If applicable, the Sensitive Area Tract and the following language shall be mcluded on the face of the recorded plat: SENSITIVE AREA TRACTS 1 EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING,AND PROTECTION OF WATER QUALITY,PLANT ECOLOGY AND WILDLIFE HABITAT THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT THE COMMON BOUNDARY BETWEEN THE TRACT/ EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY,UNLESS OTHERWISE APPROVED BY THE CITY THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION 5 If applicable, wetland and wetland buffer areas which are designated to be preserved and protected on site shall be isolated from intrusion and / or disturbance using landscaping, or other appropriate screens, as well as an approved permanent wildlife-passable fence. In addition, Wetland Information Signs approved by the Department of Public Works shall be placed at the wetland buffer edge to inform and educate owners and nearby residents about the value of wetlands. 6 Prior to release of any construction bonds from the Department of Public Works, the Owner/ Subdivider must receive approval for As-Built Drawings meeting the requirements of the City of Kent Construction Standards and Development CANTERBURY GLEN (aka Locust Lane) #SU-99-2 KIVA#RPP5-2022569 Page 5 of 6 Assistance Brochure #A-6, As-Built Drawings, for :Streets; Street Lights, Water, Sewer, and Stormwater Management Facilities. 7. The developer or applicant shall dedicate five (5) percent of the total property being developed as open space or pay a voluntary fee-in-lieu of dedication as set forth in Ordinance No. 2975. C PRIOR TO THE ISSUANCE OF A BLIILDING PERMIT ON ANY LOT IN THE LOCUST LANE SUBDIVISION OSU 99-2). THE OWNER/SUBDIVIDER SHALL: 1. Record the Plat., 2. Construct all of the improvements required above. 3. Receive approval of the required As-Built Drawings for Streets, Street Lights, Water, Sewer, and Stormwater Management Facilities. CANTERBURY GLEN (aka Locust Lane) #SU-99-2 KIVA#RPP5-2022569 Page 6 of 6 1 Kent City Council Meeting Date October 15, 2002 Category Other Business 1. SUBJECT: MASTER PLANNED UNIT DEVELOPMENT ZONING CODE AMENDMENT (ZCA-2002-3) ORDINANCE ADOPT 2. SUMMARY STATEMENT: This proposal amends the Kent City Code to provide flexibility in determining the nature of modifications of master planned unit developments when associated with a planned action ordinance and development agreement. Following a September 23rd hearing, the Land Use and Planning Board recommended approval of this amendment. 3. EXHIBITS: Memo; ordinance; 9/23/03 Land Use & Planning Board minutes; and 9/16/02 staff report to the LU&PB 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REOUIRED• $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Q � � �, Councilmember o� nn d -moves, Councilmember el - seconds approve/dmy1madif3r the Land Use and Planning Board recommendation, and adopt Ordinance No. , if approved. DISCUSSION: • ACTION: Council Agenda Item No. 7A COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director • PLANNING SERVICES KENT Charlene Anderson,AICP, Manager 14A5HI.QTON Phone 253-856-5454 Fax 253-856-6454 Address, 220 Fourth Avenue S Kent,WA 98032-5895 October 8, 2002 TO MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON,AICP,PLANNING MANAGER RE MASTER PLANNED UNIT DEVELOPMENT AMENDMENT #ZCA-2002-3 FOR OCTOBER 15, 2002 MEETING After holding a public hearing on September 23s, the Land Use & Planning Board recommended approval of an amendment to Kent City Code to provide flexibility in determining the type and process for amendments to Master Planned Unit Developments Enclosed in the agenda packet is an ordinance to effect that amendment The amendment reflects the unique circumstances of planned actions and development agreements Minor amendments are processed administratively Major amendments are heard before the Kent Hearing Examiner The proposed code amendment allows the Planning Manager to determine the nature (major or minor) of proposed amendments to a Master Planned Unit Development and, therefore,the process for reviewing them Kent City Code Section ("KCC") 15 08 400 sets forth the regulatory framework for planned unit developments The regulations (KCC 15 08 400(E))provide a process for master plan approvals to allow approval of a " generalized, conceptual development plan on a site which would then be constructed in phases over a longer period of time than a typical planned unit development " Once the master plan has been approved,individual phases of the development are reviewed and approved administratively Modifications to the master plan are subject to the review process outlined for planned unit developments under KCC 15 08 400(I) Determination of whether a proposed modification is minor in nature currently occurs under very specific criteria (reference attached code section) These criteria do not reflect the type of modifications that may be desirable by the City and arguably should be considered minor in nature when the project is subject to a Planned Action Ordinance and Development Agreement that previously have been approved by the City Council The proposed ordinance provides flexibility in this regard CA\pm S\Permit\Plan\ZONECODEAMEND\2002\2022901-2002-3cc doc Enc Ordinance,Minutes of 9123 LU&PB meeting,LU&PB Staff Report,KCC Section 15 08 400 ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending section 15 08 400(I) of the Kent City Code, regarding planned unit developments, to provide a process for 'the modification of master plans located in commercial, office, and manufacturing zones consistent with planned action ordinances and development agreements WHEREAS, the city council desires to amend section 15 08 400(I) of 'the Kent City Code, to allow the planning manager to ,decide minor and major I I,modifications of master plans located in commercial, office, or manufacturing zones lconsistent with a planned action ordinance and development agreement, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS- SECTION 1. — Amendment Section 15 08 400(I) of the Kent City ,Code entitled, "Modifications of plan,"is amended as follows Sec. 15.08.400. Planned unit developments, PUD I Modifications ofplan Requests for modifications of final approved plans shall be made in writing and shall be submitted to the planning services offcedepaAmeat in 1 Planned Unit Development-PUD Section 15.08.400(I) the manner and form prescribed by the planning manager In commercial, office, and manufacturing zones, determination of minor and maor modifications in master plans consistent with a planned action ordinance and development agreement shall be made at the sole discretion of the Planning manager Criteria for determining minor and lmaior modifications in all other cases shall be as stated in subsection I D and I(2) below The criteria for approval of a request for a major modification shall be those cntena',covenng original approval of the permit which is the subject of the proposed modification 1 Minor modifications Modifications are deemed minor if all the following criteria are satisfied: a No new land use is proposed, I b No increase in density, number of dwelling units or lots is proposed, i c No change in the general location or number of access points is I proposed, d No reduction in the amount of open space is proposed, e No reduction in the amount of parking is proposed, I f No increase in the total square footage of structures to be developed is proposed, and g No increase in general height of structures is proposed. Examples of minor modifications include but are not limited to lot line adjustments, minor relocations of buildings or landscaped areas, minor changes in phasing and timing, and minor changes in elevations of buildings 2. Major modifications Major adjustments are those which, as determined by the planning manager, substantially change the basic design, density, I 'open space or other similar requirements or provisions Major adjustments to the (development plans shall be reviewed by the hearing examiner The hearing examiner may review such adjustments at a regular public hearing If a public hearing is held, the process outlined in subsection(F) of this section shall apply The hearing examiner shall issue a written decision to approve, deny or modify the request Such a decision 2 Planned Unit Development-PUD Section 15.08.400(1) shall be final Any appeals of this decision shall be in accordance with KCC 12 01.040 SECTION 2. — Savings The existing section 15.08.400(I) of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 3. —Severabtkty I£any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision !shall not affect the validity of the remaining portion of this ordinance and the same shall remain to full force and effect SECTION 4. —Effective Date This ordinance shall take effect and be in force thirty(30) days from and after passage as provided by law I it JIM WHITE, MAYOR ATTEST. BRENDA JACOBER, CITY CLERK I (APPROVED AS TO FORM. I I (TOM BRUBAKER, CITY ATTORNEY 3 Planned Unit Development-PUD • Section 15.08.400(I) PASSED. day of 2002 APPROVED day of 2002 PUBLISHED day of 2002 I hereby certify that this is a true copy of Ordinance No passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated (SEAL) I BRENDA JACOBER, CITY CLERK P\Crvd\0rd3nancc\I3 08 401 POD doe i j f �i 1 ii 4 Planned Unit Development-PUD Section 15.08.400(1) COMMUNITY DEVELOPMENT Fred N Satterstrom,C D Director PLANNING SERVICES • Charlene Anderson,AICP,Manager K EN T Phone 253-856-5454 w.s Ni"oro" Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING September 23, 2002 The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon at 7 00 p m on Monday, September 23, 2002 in Chambers West of Kent,City Hall LUPB MEMBERS PRESENT: STAFF MEMBERS PRESENT; Ron Harmon, Chair Charlene Anderson, AICP, Planning Mgr David Malik, Vice Chair Gloria Gould-Wessen, GIS Coordinator/Planner Deborah Ranninger William Osborne, Planner Les Thomas Kim Adams-Pratt, Asst City Attorney Pamela Mottram, Administrative Secretary LUPB MEMBERS ABSENT: Steve Dowell, Excused Nicole Fincher, Excused Jon Johnson, Unexcused APPROVAL OF MINUTES Les Thomas MOVED and David Malik SECONDED to approve the Minutes of August 26, 2002 Motion CARRIED. ADDED ITEMS TO THE AGENDA Secure Community Transition Facilities Update COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None #ZCA-2002-3 MASTER PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Planning Manager Charlene Anderson stated that this amendment refers to Section 15 08 400 of Kent's Zoning Code on planned unit developments (PUD) Ms. Anderson stated that specific criteria apply to approved PUD's proposing modifications to their plans in determining whether the proposed amendment is minor or major in nature Ms. Anderson spoke about the section of the zoning code referring to criteria that primarily relates to minor modifications She stated that minor modifications are evaluated by planning staff and the Hearing Examiner considers major modifications Ms Anderson stated that circumstances exist where these criteria are not relevant in determining whether a proposal is minor or major in nature. Ms. Anderson stated that for example, in reviewing the Kent Station development, that proposal had an Environmental Impact Statement and a Planned Action Ordinance approved through City Council, with a Development Agreement yet to be approved through the City Council process Ms Anderson stated that one criterion for determining whether a proposal is minor or major in nature is listed under Section 11 b — which indicates "No increase in density, number of dwelling units or lots is proposed". Ms Anderson stated that by following the minor modification criteria for the Kent Station proposal in the downtown area, desirable and arguably minor modifications would have to be considered as major and subject to review through the Hearing Examiner process. Ms. Anderson stated that this would be counter-productive Ms. Anderson stated that staff is recommending an amendment to KCC 15 08 400(I) that would authorize the Planning Manager to determine whether a proposed amendment is minor or major, When the overall project includes a Planned Action Ordinance and a Development Agreement within Commercial, Office and Manufacturing areas She stated that the wording is as'follows: "Modifications of plan Requests for modifications of final approved plans shall be made in writing and shall be submitted to the planning services office in the manner and form prescribed by the planning manager. In commercial, office and manufacturing zones, determinations of minor and major modifications in master plans consistent with a planned action ordinance and development agreement shall be made at the sole discretion of the planning manager Criteria for determining minor and major modifications in all other cases shall be as stated under subsections (1) and (2) below The criteria for approval of a request for a major modification shad be those criteria covering original approval of the permit that is the subject of the proposed modification E-mail correspondence from Lori Flemm dated September 20, 2002 was submitted for the record as Exhibit 1. Chair Harmon declared the Public Hearing open. Seeing no speakers, David Malik MOVED and Les Thomas SECONDED to close the Public Hearing Motion CARRIED David Malik MOVED and Les Thomas SECONDED to approve #ZCA-2002-3 Master Planned Unit Development Amendment as recommended by staff Motion CARRIED unanimously. #ZCA-2002-1 SECURE COMMUNITY TRANSITION FACILITIES -UPDATE Assistant City Attorney Kim Adams-Pratt stated that the Secure Community Transition Facilities issue was heard at the Public Safety Committee meeting on September 16 and before City Council at their September 17 meeting She stated that City Attorney Tom Brubaker read the statute and shared what other cities were considering Ms Pratt stated that Mr Brubaker and the Council read the statute, which requires a minimum size facility of three beds Ms Pratt stated that Brubaker indicated that cities were writing their ordinances to allow for a maximum size facility of three beds Ms Pratt stated that Council discussed what limitations could be placed on the City's appeal process if the Department of Social and Health Services determined that the City had precluded a Secure Community Transition Facility from being built in the City Ms Pratt stated that Council adopted Planning's recommended proposal with the addition of wording to allow for a maximum of three beds in a facility She stated that if DSHS could show that there was equitable distribution of beds within the County, they would be required to go through the Hearing Examiner process in requesting development of a larger facility ADJOURNMENT Chair Harmon adjourned the meeting at 7 15 p m Respectfully/Submitted, Charlene Anderson, AICP, Planning Manager Secretary, Land Use and Planning Board S\Permit\Plan\LUPB\2002Mnutes\020923mm doc Land Use and Planning Board Minutes September 23, 2002 Page 2 of 2 COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director • PLANNING SERVICES K ENT Charlene Anderson,AICP,Manager W ASNINOTON Phone,253-856-5454 Fax 253�856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 September 16, 2002 TO: CHAIR RON HARMON AND LAND USE &PLANNING BOARD MEMBERS FROM- CHARLENE ANDERSON, AICP; PLANNING MANAGER RE. MASTER PLANNED UNIT DEVELOPMENT AMENDMENT #ZCA-2002-3 FOR SEPTEMBER 23,2002 PUBLIC HEARING Introduction As provided for in the State Environmental Policy Act ("SEPA"), RCW 43.21C.031(2)(a) and WAC 197-11-164 and -168, a Growth Management,Act ("GMA") jurisdiction may designate planned actions that will benefit from a more simplified and consolidated SEPA review process. The designation must be made via ordinance or resolution. Such a designation was made for the Kent Station Planned Action site. Planned actions rely on performing environmental review when sites or areas are being master planned; development projects that are consistent with the master plan and environmental analysis receive expedited review. The environmental review for planned actions is contained within an Environmental Impact Statement and all of the SEPA mitigating measures are outlined in the Planned Action Ordinance ("PAO"). When a development application is subsequently submitted and is deemed consistent with the PAO, no additional SEPA threshold determination is required and no opportunity for procedural SEPA appeal is provided The City and the developer of planned action sites may enter into a development agreement, as authorized by RCW 36.70B.170 et seq. The development agreement must be consistent with the City's applicable development regulations,and the agreement will set forth the development standards and other provisions that will govern and vest the development, use and mitigation of the development. The development standards to be set forth include review procedures and standards for implementing decisions The development agreement may be approved by ordinance or resolution only after the City has conducted a public hearing on the issue, Land Use &PlanningBoard Public Hearin —9/23/02 g Master Planned Unit Development Amendment#ZCA-2002-3 Page 2 of 2 Background Kent City Code Section("KCC") 15.08.400 sets,forth the regulatory framework for planned unit developments. The regulations (KCC 15 08 400(E)) provide a process for master plan approvals to allow approval of a "...generalized, conceptual development plan on a site which would then be constructed in phases over a longer period of time than a typical planned unit development...". Once the master plan has been approved, individual phases of the development are reviewed and approved administratively. Modifications to the master plan are subject to the review process outlined for planned unit developments under KCC 15.08 400(I). This code section allows the planning manager to determine whether a proposed modification is a minor or major modification. Major modifications are subject to Hearing Examiner review. Determination of whether a proposed modification is minor in nature occurs under very specific criteria (reference attached code section). When one considers the Kent Station Planned Action site in Downtown Kent, for example, the determination criteria for minor modifications do not reflect the type of modifications that may be desirable by the City and arguably would be considered minor in nature. Under existing regulations, a proposed modification to a master plan would not be considered minor if there were an increase in density, a reduction in the amount of • parking, an increase in the total square footage of structures to be developed or an increase in general beight of the structures. Within Downtown Kent and as reflected in the EIS and PAO,for Kent Station, such modifications to a master plan could be minor and desirable. Options & Recommendation Staff recommends approval of the following amendment to Kent City Code to reflect the unique circumstances of planned actions and development agreements. We will be available at the September 23`d public hearing to answer questions and provide further information KCC 15.08.400a) Mod cations of plan: Requests for modifications of final approved plans shall be made in writing and shall be submitted to the planning depertriaeniservices office in the manner and form prescribed by the planning drreetermanager In commercial, office and manufacturing zones, determinations of minor and manor modifications in master RLans consistent with a planned action ordinance and development agreement shall be made at the sole discretion of the planning manager Criteria for determining minor and major modifications in all other cases shall be as stated under subsections (1) and (2) below The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit that is the subject of the proposed modification. CA\pm\\MS\SDATA\Permit\Plan\ZONECODEAMEND\2002\2022901-2002-3 doc Eric KCC Section 15 08 400 cc Charlene Anderson,AICP,Planning Manager Fred N Satterstrom,AICP, C D Director Project File i 15.08.359 Accessory living quarters. A Intent.The city provides these accessory living quarter(ALQ)regulations for the following purposes- I To meet the need for onsite dwelling of an owner or employee to provide for security of the business 2. To reduce the need for commute trips B Standards and criteria. 1 One (1)ALQ per commercial or manufacturing building is allowed outright within all commercial and manufacturing zones within the city. 2 An ALQ may be established in a new or existing commercial or manufacturing building by creating the Irving quarters within or as an addition to the building,or as a detached structure from the principal structure. 1 3. The ALQ,as well as the main structure,must meet all applicable setbacks,lot coverage,and building height requirements. 4. The design and size of an ALQ shall conform to all applicable standards in the building, plumbing,electrical,mechanical,fire,health,and any other applicable codes.When there are practical difficulties involved in carrying out the provisions of this section,the building official may grant modifications for individual cases pursuant to section 106 of the Uniform Building Code and as subsequently amended or recodified 5.The size of an ALQ contained within or attached to a commercial or manufacturing establishment shall be limited to twenty(20)percent of the commercial or manufacturing structure in which the ALQ is located The size of a detached ALQ shall be limited to no more than one thousand (1,000)square feet 6.A permit application must be completed and approved for all ALQs.The planning department shall detemune the applicable requirements for an ALQ permit. (Ord No. 3409, § 56,7-7-99) 15.08.400 Planned unit development,PUD. The intent of the PUD is to create a process to promote diversity and creativity in site design,and protect and enhance natural and community features The process is provided to encourage unique developments which may combine a mixture of residential,commercial and industrial uses By using flexibility in the application of development standards,this process will promote developments that will benefit citizens that live and work within the city. A.Zoning districts where permitted PUDs are permitted in all zoning districts with the exception of the A-1,agricultural zone,provided,however,that PUDs in SR zones we only allowed if the site is at least one hundred(100)acres in size B Permitted uses. 1.Principally permuted uses. The principally permitted uses in PUDs shall be the same as those pemutted in the underlying zoning classifications except as provided in subsection(B)(4) of this section 2. Conditional uses The conditional uses in PUDs shall be the same as those permitted in the underlying zoning classification.The conditional use permit review process may be consolidated with that of the PUD pursuant to procedures specified in subsection(F)of this section 3 Accessory uses Accessory uses and buildings which are customanly incidental and subordinate to a prmcmpally permitted use are also permitted 4 Exceptions In residential PUDs of ten(10)acres or more,commercial uses may be permitted Commercial uses shall be limited to those uses permitted in the neighborhood convenience district,In 02001 Code PuMshmg,Inc Page 151 PUDs located in SR zones,attached dwelling units are permitted only if they are condominiums created in accordance with the Washington Condominium Act,Chapter 64 34 RCW,provided that if a proposed PUD in a single-family zoning district includes condominiums,the density bonus provisions outlined in subsection (D)of this section shall not apply,and further provided that no condominium building may exceed two(2)stones C Development standards The following development standards are mimmum requirements for a planned unit development. I Minimum lot size exclusion The minimum lot size requirements of the districts outlined in this title shall not apply to PUDs. 2.Minimum site acreage Minimum site acreage for a PUD is established according to the zoning district in which the PUD is located,as follows Zones Minimum Site Acreage SR zones (SR-1, SR-2, SR-3, SR4.5, SR-6, 100 acres SR-8) Multifamily(MR-D,MR-G, MR-M, MR-F) None Commercial, office and manufacturing zones None 3 Minimum perimeter building setback The minimum perimeter building setback of the underlying zone shall apply Multifamily transition area requirements shall apply to any multifamily developments (as provided in KCC 15 08.215), except where specifically exempted by administrative design review(as provided in KCC 15 09 045) The hearing examiner may reduce building separation requirements to the minimum required by the building and fire departments according with the criteria set forth in subsection (17)(1)of this section If an adjacent property is undevelopable under this title,the hearing examiner may also reduce the perimeter building setback requirement to the mrmmu ,standards in the city building and fire codes 4 Maximum height ofstructures The maximum height of structures of the underlying zone shall apply Multifamily transition area requirements shall apply to any multifarmly developments(as provided in KCC 15 08 215)except where specifically exempted by administrative design review(as provided in KCC 15 09 045) The hearing examiner may authorize additional height in CC,GC,DC,CM,MI,M2 and M3 zones where proposed development in the PUD is compatible with the scale and character of adjacent existing developments. 5. Open space a The standard set forth in this subsection shall apply to PUD residential developments only Each PUD shall provide a minimum of thirty-five(35)percent of the total site area for common open space.In mixed use PUDs containing residential uses,thtrty-five(35)percent of the area used for residential use shall be reserved as open space b For the purpose of this section,open space shall be defined as land which is not used for buildings, dedicated public rights-of-way,traffic circulation and roads,parking areas,or any kind of storage Open space includes but is not limited to privately owned woodlands,open fields,streams, wetlands, severe hazard areas, sidewalks,walkways,landscaped areas,gardens,courtyards or lawns Common open space may provide for either active or passive recreation c Open space within a PUD shall be available for common use by the residents,tenants or the 02001 Code Publishing,Inc Page 152 general public,depending on the type of project 6.Streets If streets within the development are required to be dedicated to the city for public use, such streets shall be designed in accordance with the standards outlined in the city subdivision code and other appropriate city standards.If streets within the development are to remain in private ownership and remain as private streets,the following standards shall apply a.Minimum private streel pavement widths for parallel parking in residential planned unit developments Mmimum private street pavement widths for parallel parking in residential planned unit developments are as follows; No Parking Parking Parking One Side Both Sides (feet) (feet) (feet) One-way streets 20 29 38 Two-way streets 22 31 40 The minimum widths set out in this subsection may be modified upon review and approval by the city fire chief and the city traffic engineer providing they are sufficient to maintain emergency access and traffic safety A maintenance agreementfor private streets within a PUD shall be required by the hearing examiner as a condition of PUD approval. b. Vehicle parking areas Adequate vehicular parking areas shall be provided.The required number of parking spaces may vary from the requirements of Ch 15 05 KCC and shall be approved by the hearing examiner based upon a parking need assessment study submitted by the applicant and approved by the planning director.Vehicular parking areas may be provided by on-street parking or off-street parking lots The design of such parking areas shall be in accordance with the standards outlined in Ch 15 05 KCC c One-way streets One-way loop streets shall be no more than one thousand five hundred (1,500)feet long d On-street parking On-street parking shall be permitted. Privately owned and maintained "no parking"and"fire lane"signs may be required as determined by the city traffic engineer and city fire department chief 7.Pedestrian walkways Pedestrian walkways shall be constructed of material deemed to be an all-weather surface by the public works director and planning director 8 Landscaping a Minimum perimeter landscaping of the underlying zone shall apply Additional landscaping shall be required as provided in Ch 15 07 KCC and KCC 15 08 215 b All PUD developments shall ensure that parking areas are integrated with the landscaping system and provide screening of vehicles from view from public streets Parking areas shall be conveniently located to buildings and streets while providing for landscaping adjacent to buildings and pedestrian access. c Solid waste collection areas and waste reduction or recycling collection areas shall be conveniently and safely located for onsite use and collection,and attractively site screened. 9 Signs The sign regulations of Ch 15 06 KCC shall apply 10 Platting If portions of the PUD are to be subdivided for sale or lease,the procedures of the city subdivision code,as amended,shall apply Specific development standards such as lot size,street design, etc, shall be provided as outlined in subsection(E)of this section I 1 Green River Corridor Any development located within the Green River Corridor special interest district shall adhere to the Green River Corridor special interest district regulations. 12 View regulations View regulations as specified in KCC 15 08 060 shall apply to all PUDs 02001 Code Publishing,Inc. Page 153 13 Shoreline master program Any development located within two hundred(200)feet of the Green River shall adhere to the city shoreline master program regulations. D Density bonus standards The density of residential development for PUDs shall be based on the gross density of the underlying zoning district.The hearing examiner may recommend a dwelling unit density not more than twenty(20)percent greater than that permitted by the underlying zone upon findings and conclusions that the amenities or design features which promote the purposes of this subsection, as follows,are provided: 1. Open space A four(4)percent density bonus may be authorized if at least ten(10)percent of the open space is to concentrated areas for passive use Open space shall include significant natural features of the site, including but not limited to fields,woodlands,watercourses,and permanent and seasonal wetlands. Excluded from the open space definition are the areas within the building footprints, land used for parking, vehicular circulation or ngbts-of-way,and areas used for any kind of storage. 2 Active recreation areas A four(4)percent density bonus may be authorized if at least ten(10) percent of the site is utilized for active recreational purposes, including but not bruited tojoggmg or walking trails,pools,children's play areas,etc,Only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the ten(10)percent active recreation requirement. 3 Stormwater drainage A two(2)percent density bonus may be authorized if stormwater drainage control is accomplished using natural onsite drainage features Natural drainage feature may mclude streams, creeks,ponds, etc 4 Native vegetation A four(4)percent density bonus may be authorized if at least fifteen (15) percent of the native vegetation on the site is left undisturbed in large open areas. 5 Parking lot size A two(2)percent density bonus may be authorized if off-street parking is grouped in areas of sixteen(16)stalls or less Parking areas must be separated from other parking areas or buildings by significant landscaping in excess of type V standards as provided in KCC 15 07 050 At least fifty(50)percent of these parking areas must be designed as outlined in this subsection to receive the density bonus 6 Mixed housing types A two(2)percent density bonus may be authonzed if a development features a mix of residential housing types Single-family residences, attached single units, condominiums,apartments and townhomes aye examples of housmg types The mix need not include some of every type. 7 Project planning and management A two(2)percent density bonus may be granted if a design/development team is used Such a team would include a mixture of architects,engineers,landscape architects and designers.A design/development team is likely to produce a professional development concept that would be consistent with the purpose of the zonmg regulations These standards are thresholds,and partial credit is not given for partial attainment The site plan must at least meet the threshold level of each bonus standard in order for density bonuses to be given for that standard E.Master plan approvals The master plan process is intended to allow approval of a generalized, conceptual development plan on a site which would then be constructed in phases over a longer period of time than a typical planned unit development.The master plan approval process is typically appropriate for development which might occur on a site over a period of several years, and in phases which are not entirely predicable 1.Submittal requirements The distinguishing charactenstic between a master plan development application and a planned unit development application is that a master plan development proposal is conceptual in nature However,the master plan application shall provide sufficient detail of the scope of the development,the uses,the amount of land to be developed and preserved, and how services will be 02001 Code Publishing,Inc Page 154 provided The specific submittal requirements are noted below. i a A written description of the scope of the project,including total anticipated build-out(number of units of residential,gross floor area for commercial),and the types of uses proposed, b.A clear vicinity map,showing adjacent roads; c.A fully dimensional site plan,which would show the areas upon which development would occur, the proposed number of units or buildings in each phase of the development,the areas would be preserved for open space or protection of environmentally sensitive features, and a generalized circulation plan,which would include proposed pedestrian and bicycle circulation, d.A generalized drainage and stormwater runoff plan; e A site map showing contours at not greater than five(5)foot intervals and showing any wetlands,streams,or other natural features f A description of the proposed phasing plan g Documentation of coordination with the Kent school district h. Certificates of water and sewer availability. t. Generalized building elevations showing the types of uses being proposed, 2.Density, The gross density of a residential master plan project shall be the same as the density allowable in the underlying zoning district 3. Open space The criteria in subsection(C)(5)of this section shall apply 4 Application process The application process for a master plan application shall be as outlined in subsection(F)of this section 5.Review criteria The review criteria for a master plan application shall be the same as those outlined in subsection(G)of this section 6.Administrative approval of individual phases ,Once a master site plan PUD has been approved pursuant to subsection(F)of this section, any individual phase of the development shall be reviewed'and approved administratively,as outlined in Ch 15 09 KCC;provided that for each phase of development that includes a residential condominium, the applicant shall submit a copy of the condominium declaration recorded against the property,and as outlined in RCW 64 34 200 7. Time limits The master plan approved by the hearing'examiner or city council,as provided insubsection(F)of this section,shall be valid for a period of up to seven(7)years At the end of this seven-year period,development permits must he issued for all phases of the master plan development An extension of time may be requested by the applicant.A single extension may be granted by the planning director for a period of not more than two(2)more additional years. 8 Modifications Once approved,requests for modifications to the master plan project shall be made in writing to the planning director The planning director shall make a determination as to whether the requested modification is major or minor as outlined in subsection(1)of this section F.Application process The application process includes the following steps informal review process, compliance with the State Environmental Policy Act,community information meeting,development plan review, and public hearing before the hearing examiner. 1.Informal review process An applicant shall meet informally with the planning department at the earliest possible date to discuss the proposed PUD.The purpose of this meeting is to develop a project that will meet the needs of the applicant and the objectives of the city as defined in dus title 2 SEPA compliance Compliance with the State Environmental Policy Act and regulations and city SEPA requirements shall be completed prior to development plan review 3.Development plan review After informal review and completion of the SEPA process,a proposal shall next be reviewed by city staff through the development plan review process Comments received by the project developer under the development review process shall be used to formalize the proposed development prior to the development being presented at a public hearing before the hearing examiner 022n01 Code Publishing,Inc Page 155 4. Community information meeting a.A community information meeting shall be required for any proposed PUD located in a residential zone or within two hundred(200)feet of a residential zone At this meeting,the applicant shall present the development proposed to interested residents Issues raised at the meeting may be used to refine the PUD plan.Notice shall be given in at least one(1)publication in the local newspaper at least ten(10)days prior to the public hearing Written notice shall be mailed first class to all property owners within a radius of not less than two hundred(200)feet of the exterior boundaries of the property subject to the application Any alleged failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings b Nonresidential PUDs not located within two hundred(200)feet of a residential zone shall not require a community information meetmg. 5 Public notice and hearing examiner public hearing The hearing exammer shall hold at least one (1)public hearing on the proposed PUD and shall give notice thereof in at least one(1)publication in the local newspaper at]east ten(10)days prior to the public hearing Written notice shall be mailed first class to all property owners within a radius of not less than two hundred (200)feet of the exterior boundaries of the property subject to the application Any alleged'failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings 6 Consolidation of land use permit processes The PUD approval process may be used to consolidate other land use permit processes which are required by other sections of this title The public hearing required for the PUD may serve as the public hearing for the conditional use permit,subdivision, shoreline substantial development and rezoning if such land use permits are a part of the overall PUD application When another land use permit is involved which requires city council approval,the PUD shall not be deemed to be approved until the city council has approved the related land use permit.If a public hearing is required for any of the categories of actions listed in this subsection,the hearing examiner shall employ the public hearing notice requirements for all actions considered which ensure the maximum notice to the public 7 Hearing examiner decision The hearing examiner shall issue a written decision within ten(10) working days from the date of the hearing Parties of record will be notified in writing of the decision The decision is final unless notice of appeal is filed with the city clerk within fourteen(14)days of receipt by the developer of the decision.For PUDs which propose a use which is not typically permitted in the underlying zoning distract as provided in subsection(B)(4)of this section,the hearing exammer shall forward arecommendation to the city council,which shall have the final authority to approve or deny the proposed PUD For a proposed residential PUD that includes condominiums as outlined in subsection (B)(4)of this section,a condition of approval by the city council shall be that for each development phase the applicant shall submit a recorded copy of the covenants,conditions and restrictions recorded against the property.Within thirty(30)days of receipt of the hearing examiner's recommendation,the city council shall,at a regular meeting,consider the application 8.Effective date In approving a PUD,the hearing examiner shall specify that the approved PUD shall not take effect unless or until the developer files a completed development permit application within the time periods required by this title as set forth in subsection(G) of this section No official map or zoning text designations shall be amended to reflect the approved PUD designation until such time as the PUD becomes effective. G.Review criteria for planned unit developments Upon receipt of a complete application for a residential PUD,the planning department shall review the application and make its recommendation to the hearing,examiner.The hearing examiner shall determine whether to grant,deny or condition an application based upon the following review criteria- 1. Residential planned unit development criteria @2001 Code Publishing,Inc Page 156 a The proposed PUD project shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan. In. Unusual environmental features of the site shall be preserved,maintained and incorporated into the design to benefit the development and the community. c.The proposed PUD project shall provide areas of openness by using techniques such as clustering,separation of building groups,and use of well-designed open space and landscaping d.The proposed PUD project shall promote variety and innovation in site and building design Buildings in groups shall be related by common materials and roof styles,but contrast shall be provided throughout the site by the use of vaned materials,architectural detailing,building scale and orientation e Building design shall be based on a unified design concept,particularly when construction will be in phases: 2.Nonresidential planned unit development criteria a.The proposed project shall have a beneficial effect which would not normally be achieved by traditional lot-by-lot development and not be detrimental to present or potential surrounding land uses as defined by the comprehensive plan b Unusual environmental features of the site shall be preserved,maintained and incorporated into the design to benefit the development and the community c The proposed project shall provide areas of openness by the clustering of buildings,and by the use of well-designed landscaping and open spaces Landscaping shall promote a coordinated appearance and break up continuous expanses of building and pavement d The proposed project shall promote variety and innovation in site and building design.It shall encourage the incorporation of special design features such as visitor entrances,plazas,outdoor employee lunch and recreation areas,architectural focal points and accent lighting e. Budding design shall be based on a unified design concept,particularly when construction will be in phases. H Time limits 1.Application for development permit The applicant shall apply for a development permit no later than one(1)year following final approval of the PUD. The application for development permit shall contain all conditions of the PUD approval 2 Extensions An extension of time for development permit application may be requested in writing by the applicant Such an extension may be granted by the planning director for a period not to exceed one(1) year If a development permit is not issued within two(2)years,the PUD approval shall become null and void and the PUD shall not take effect I Modifications ofplan Requests for modifications of final approved plans shall be made in writing and shall be submitted to the planning department in the manner and form prescribed bythe planning director The criteria for approval of a request for a major modification shall be those criteria covering onginal approval of the permit which is the subject of the proposed modification. 1.Minor modifications Modifications are deemed minor if all the following criteria are satisfied a.No new land use is proposed, b.No increase in density,number of dwelling units or lots is proposed, c.No change in the general location or number of access points is proposed, d No reduction in the amount of open space is proposed; e.No reduction in the amount of parking is proposed, f No increase in the total square footage of structures to be developed is proposed,and g.No increase in general height of structures is proposed. Examples of minor modifications include but are not limited to lot line adjustments,minor relocations 02001 Code Publishing,Inc Page 157 iof buildings or landscaped areas,minor changes in phasing and timing,and minor changes in elevations ! of buildings 2 Major modifications Major adjustments are those which, as determined by the planning director, substantially change the basic design,density,open space or other similar requirements or provisions Major adjustments to the development plans shall be reviewed by the hearing examiner The hearing examiner may review such adjustments at a regular public hearing.If a public hearing is held,the process outlined in subsection(F)of this section shall apply.The hearingexammer shall issue a written decision to approve,deny or modify the request.Such a decision shall be final The decision may be appealed to the city council by the filing of written notice of appeal with the city clerk within fourteen(14)days of the date of the developer's receipt,of the hearing examiner's decision (Ord No 3439, § 8, 2-2-99) Chapter 15.09 ADMINISTRATION* Sections: 15 09 010 Development plan review 15 09.020 Zoning permit 15 09 030 Conditional use permit 15 09 040 Variances 15 09 042 Administrative variances 15 09 045 Administrative design review. 15 09 046 Downtown design review 15 09 049 Repealed IS 09.050 Amendments 15 09,055 Zoning of annexed lands 15 09 060 Administrative interpretation generally 15 09 065 Interpretation of uses 15 09 070 Appeal of administrative interpretations 15 09 080 Revocation of permits or variances 15 09 090 Performance standards procedures 15 09 095 Cleanup of solid waste and hazardous waste facilities 15 09 300 Responsibility for establishment of lot lines and setback lines *Cross reference(s)—Planning,ch 2 30,planning commission,ch 2 56 15.09.010 Development plan review. A-Review of development plans shall be carried out by the planning department for all buildings and structures hereafter erected,constructed,structurally altered,repaired or moved within or into any district requiring development plan review and whenever a city permit is required,and for the use of vacant land or for a change in the character of the use of land or buildings,within any district requiring development plan approval. B The development plan review is an administrative review,the primary purpose of which is to define and describe the needs of the particular site covered by a development plan in reference to the requirements of this title The planning director shall make the final decision on development plan review Development plan review is categorized as a Process I application and shall be subject to the applicable requirements of Ch 12.01 KCC Any appeal from the final decision of the planningdirector shall be to the hearing examiner in accordance with the requirements of Ch 2 32 KCC and Ch 12.01 KCC In addition 02001 Code Publishing,Inc Page 158 Kent City Council Meeting Date October 15, 2002 Category Other Business 1. SUBJECT: REFERENDUM 51 RESOLUTION,CONSIDER 2. SUMMARY STATEMENT: Engrossed Substitute Senate Bill 6347,the transportation budget and investment package passed by the Legislature and placed on the November 2002, general election ballot in the form of Referendum 51 ("R-51'), includes funding for SR-509, the 228th freight corridor, I-5 HOV lane completion in South King County, the I-5/272nd interchange, the 405/167,interchange, and SR-167. R-51 also includes programmatic funding for: a) cities and counties to receive a local share of new gas tax revenue; b) the Transportation Improvement Board; and c) the Freight Mobility Strategic Investment Board, as well as funding for tie state's role in assisting regional transit. The R-51 package seeks to provide efficiencies, reforms, and accountability measures, in an effort to respond to the public's legitimate concern that taxpayer money should be wisely spent,tracked, and responsibly measured over time for results. Discussion of whether Council should support R-51 occurred at the Council workshop of October 1, 2002. Council requested that this matter be placed on the Council meeting agenda for consideration. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: ,,•• ,, Councilmember 6j, moves, Councilmember seconds to approve Resolution Noin support of R-51. DISCUSSION: ��OJ ACTION: Council Agenda Item No. 7B PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 �KK N T Fax 253-856-6500 W A S N I N G T O N Address 220 Fourth Avenue S I Kent,WA 98032-5895 Memorandum DATE: October 9, 2002 TO Mayor and it cil FROM- Don Wickstroillic Works Director RE Referendum 51 Enclosed herewith are the slides from my power point presentation that I will be presenting The presentation will be similar to that which I presented at your October 1, 2002 workshop, only slightly edited in the interest of time. Also attached is a proposed resolution should you decide to support the Referendum for which your Public Works Department encourages you to do so. 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A RESOLUTION of the city council of the city of Kent, Washington, indicating support for Referendum 51, the statewide transportation investment package on the November 2002, general-election ballot WHEREAS, the city of Kent and its residents and businesses rely heavily on a transportation system of state and federal highways and key regional and state roadway corridors, and WHEREAS, the city of Kent and the Kent valley economy, which host tens of thousands of jobs and which, comprise the second4argest concentration of warehouse and light industrial space on the West Coast, is heavily dependent on a functioning transportation system; and' WHEREAS, the city's region's transportation system has become increasingly congested in recent years due to rapid population and employment growth and insufficient investment in transportation infrastructure, and WHEREAS, growing congestion on State Route 167, Interstate 5 segments in South King County, the Kent Des-Moines Road, East and West Valley Highways, and other key transportation corridors make Kent a regular part of the morning and evening traffic reports, while lengthening commutes and delaying critical freight movements through and around the city; and t Referendum 51 WHEREAS, congestion and traffic growth have made King County . freeways and highways the second most congested in the country, with two rmlhon more vehicles being added to those roads over the past twenty (20) years, costing an estimated$2 billion a year in lost time due to delays; and WHEREAS, a vivid illustration of the congestion and delay came with the recent "Valley Economic Engine" study cbmmissioned by the Kent Chamber of Commerce and the city, which showed a 44% increase between 1997 and 2000 in the travel time for moving freight between the Kent valley and the Port of Seattle, and an even more dramatic 65% increase in travel time between the Kent valley and the Port of Tacoma during that same three-year period; and WHEREAS, given this growing level of traffic congestion — particularly in Kent, South King County, the Puget Sound region as a whole, and the state overall — a significant increase in capital investment by the state is clearly necessary, and WHEREAS, the need for state investment was borne out by the two- year review of a Blue Ribbon Commission on Transportation, which identified between $50 billion and $150 billion in unfunded transportation needs in the State of Washington that will not be addressed without new state revenue; and WHEREAS, state revenues for transportation have either remained stagnant or in some cases decreased, as illustrated by a state gas tax that has stayed at 23 cents for more than a decade and a Motor Vehicle Excise Tax (MVET) that was reduced by $750 million a year by recent voter-approved initiatives; and 2 Referendum 51 WHEREAS, in 2002, Kent joined with the Kent Chamber of Commerce, other business organizations, labor groups, environmental groups, other governmental agencies, and interested citizens to urge the Legislature to take bold action to tackle the transportation crisis in Puget Sound and across the state; and WHEREAS, Kent requested that any transportation package include project,funding for SR-509, the 228ih freight corridor, I-5 HOV lane completion in South King County, the I-5/272nd interchange, the 405/167 interchange, SR-167 itself, and programmatic funding for: a) cities and counties to receive a local share of new gas tax revenue; b) the Transportation Improvement Board; and c) the Freight Mobility Strategic Investment Board; and WHEREAS, Engrossed Substitute Senate Bill 6347, the transportation budget and investment package passed by the Legislature and placed on the November 2002, general election ballot in the form of Referendum 51 C R-51"), includes funding • for all of the aforementioned Kent and South King County project and program priorities noted above, as well as funding for the state's role in assisting regional transit; and WHEREAS, the R-51 package contains efficiencies, reforms, and accountability measures, in an effort to respond to the public's legitimate concern that taxpayer money should be wisely spent, tracked, and responsibly measured over time for results; and WHEREAS, the R-51 state transportation investment package is largely financed through user fees, meaning those who drive cars and trucks on the system, and those who buy new or used automobiles that add to the number of vehicles on our roads and highways, are the ones who pay for the improvements through gas taxes, a gross-weight fee on trucks, and an auto sales tax surcharge; and 3 Referendum 51 WHEREAS, the R-51 investment package is a $7.8 billion down- payment on traffic congestion problems, bottlenecks, and transportation infrastructure which would cost the taxpayers more in inefficiency and delay than through the taxes and fees established in the bill, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS. SECTION 1. The mayor and city council do hereby provide their endorsement of the R-51 transportation investment package, urging the citizens of Kent to cast an affirmative vote on this measure as a key tool toward retaining Kent's economic vitality and quality of life. SECTION 2. Effective Date This resolution shall take effect and be . in force immediately upon its passage PASSED at a regular open public meeting by the city council of the City of Kent,Washington,this day of 2002, CONCURRED in by the mayor of the city of Kent this day of , 2002 JIM WHITE,MAYOR ATTEST• BRENDA JACOBER,CITY CLERK 4 Referendum 51 APPROVED AS TO FORM TOM BRUBAKER,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 12002 BRENDA 7ACOBER,CITY CLERK P\0vd\RwoIW=\Ref=ndum5I doc • 5 Referendum 51 Kent City Council Meeting Date October 15, 2002 Category Bids 1. SUBJECT: DEL WEBB AND STEINER SANITARY SEWER PROJECTS AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on September 27 with four bids received. The low bid was submitted by Fury Construction Company in the amount of$86,828 (plus Washington State Sales Tax). The Engineer's estimate was $88,340. The Public Works Director recommends awarding this contract to Fury Construction Company. 3. EXHIBITS: Public Works Director memoran and bid summary 4. RECOMMENDED BY: Public Works Direc r (Committee, Staff, Examiner, Conu msion, tc.) 5. UNBUDGETED FISCAVPERSON IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION qq,� Councilmember moves, Councilmember s�c¢nds cv� to award the Del Webb Sanitary Sewer and Steiner Sanitary Sewer Construction Contract to Fury Construction in the bid amount of$86,828 (plus WSST). DISCUSSION: — ACTION: Council Agenda Item No. 8A PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director a Phone 253-856-5500 K E N T Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Memorandum DATE October 7, 2002 TO, Makielkstrom, d City Council FROM Do Public Works Director RE Del Webb/Steiner Sanitary Sewer Bid opening for this project was held on September 27, 2002 with 4 bids received The low bid was submitted by Fury Construction Companv in the amount of $ 86,828.00 The Engineer's estimate was $ 88,340.00 The Public Works Director recommends awarding this contract to Fury Construction Company B1dSummary (including WSST) Fury Construction Company $94,468 86 Archer Construction, Inc $96,492 55 Laser Underground $126,091 58 R W Scott Construction $157,572 32 Engineer's Estimate $96,113 92 MOTION Councilmember moves, Councilmember seconds that the Del Webb Sanitary Sewer and Steiner Sanitary Sewer Construction contract be awarded to Fury Construction Company for the low bid amount of$ 88,340 00, plus WSST. y n Q Q U N u N N N N NW NO N N NO NO N N NO N V1 n R S r r fW Z m m n O E C C n J N H w d J N � w QQ n gg o 0 0 QQ o H yp OM m � •'U 'N _1xn C '{ mC c yya, a nnL] '° tl1y � tCG7 pro � O p as He m ova < F ° nnS'r7 ?' yam aaant7 � la < p� b' O r 7m"" r• poo0z hv, y T9^ a o ? n n �1H ❑ ❑ 0 0. n o 05 a u ?� Y 7� a ° a � PU a o tv a tv to � v7 r w Y C p C ^p rrrrrmnC roMrrryv� r nxxAm '-1 ^I -IHryv, M r� y{ » TTTzTw „� � �% � ZZ � Z TX T Vi 4 0 z 1 O n S 3 d OD W O P P m tpo W pp� pN p p N � 8 U p y U U Ca 8 pCp V O p pp� CN 8 N N WT 8 p V 8 S O A W 6 � pW p u IbT N W pO S O O O O S U O S p A N O N p O p O O U N p� S O O O O p S p C p O 1X SC O p °� S � w i H S � FfnA 8 wU � 88 = o 825 � UW.+ - oB o = e8 = vew � V o 8 �" u � � 88888888888888u8 8808888 $ 88U8 NrpN P 0 n U O p p N 5 5888880888888888 " s8 888888888888 Sou 3 v w F N m w S � S q O N pW N �ro Wp Ap W w CO O O 8 • II REPORTS FROM STANDING COMMITTEES AND STAFF a A. COUNCIL PRESIDENT d/ a 7 7 . B. OPERATIONS COMMITTEE I / C. PUBLIC SAFETY COMMITTEE I D. PUBLIC WORKS ( — E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE MINUTES SEPTEMBER 17, 2002 COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Leona Orr, Judy Woods(sitting in for Tim Clark) STAFF PRESENT. Mike Martin, May Miller, Tom Brubaker, Sue Viseth, Robert Goehring, Marty Mulholland, Julie Peterson, Jackie Bicknell The meeting was called to order by Chair Rico Yingling at 4.03 PM. Item number 5, Council Agenda Changes, was removed from the agenda Approval of Minutes of August 20,2002 Committee Member Leona Orr moved to approve the minutes of August 20, 2002 The motion was seconded by substitute Committee Member Judy Woods and passed 3-0 Approval of Vouchers Dated September 15, 2002 Judy Woods moved approval of vouchers dated September 15, 2002 The motion was seconded by Leona Orr and passed 3-0 Public Works & Improvement Protects—Ordinance Amendment Kent City Code City Attorney Tom Brubaker said that state law directs the City of Kent to follow the public works bidding procedures established in certain RCWs, however, those particular RCWs don't establish bidding procedures, and so the statute is used for guidance It was recently amended to raise the minimum dollar amount for which a project had to go out to public bid from $35,000 to $50,000 The City procurement ordinance states that Council approves contracts in excess of $25,000 unless it's a public works contract, and public works contracts have the same bid limit established in this statute of$35,000 The purpose of the ordinance is to raise the Council approval limit to be consistent with the statute Leona Orr moved to recommend that Council adopt the ordinance amending Section 3.70.050 of the Kent City Code to raise the minimum bid amount requiring Council authorization for public works contracts from $35,000 to $50,000. The motion was seconded by Judy Woods and passed 3-0. Independent Salary Commission—Ordinance Chief Administrative Officer Mike Martin said that the state Legislature, in the spring of 2001, provided for a change in the way elected officials' salaries are set. The general premise underlining the change was that it is preferable for an independent commission to set salaries rather than have elected officials setting their own salaries Tom Brubaker added that the change takes away the authority of the Council to set its own salary and the salaries of the Mayor and other elected officials in the City of Kent, such as the two municipal judges. It allows a commission of three members to independently review salaries for all elected officials in Kent and put together a schedule Once that schedule is filed,it has the effect of a City ordinance and 0 Operations Comaattee,9/17/02 2 controls immediately the salaries of the elected dffrcials However, it is subject to a referendum vote if a petition for referendum is filed within 3,0 days. Mr. Brubaker went over some changes for the ordinance that had been included in the agenda packet: Page 3, subsection D, indicates that the commission would file its first schedule of salaries no later than November 19, 2002. As that was not a realistic date, looser language was put in stating that the commission will use its best efforts to file its initial schedule of salaries no later than April 1, 2003, Page 4, Terms of Appointment The qualifications of a commissioner was expanded upon to be either a resident of the City or to have the appropriate background skills, experience, and appropriate knowledge of the community to serve on the commission and to perform the duties of a commissioner. Judy Woods moved to recommend that Council adopt the ordinance establishing an independent salary commission to annually review and establish the salaries of City elected officials. The motion was seconded by Leona Orr and passed 3-0. U. S. Bank Contract Extension Finance Director May Miller said that five years ago U S. Bank was awarded the bid for a five year contract with two 2-year'extensions. At the end of the five years, U S Bank was allowed to review the pricing to see if any items needed to be fixed, and they have sent the City a letter asking for an increase of slightly less than 1%,which amounts to $110 a month for a few minor items. Ms. Miller concluded that was a very minor change for all the good and benefit the City receives out of the contract,which covers all banking, safekeeping, and positive pay, and has given protection in all fraudulent checks that were presented against the City account. Leona Orr moved to recommend that Council authorize the two year extension of the City of Kent's contract with U. S. Bank resulting in approximately a one percent increase. The motion was seconded by Judy Woods and passed,3-0. July Finance Report May Miller said revenue was 5.8% ($1,962,833) under budget in July Last year, it was only 0.4% or$118,000 The July report shows Sales Tax through May On the Expenditure side, positions are continuing to be held open,,and that has saved $1 1 million through July The Property Tax is right on budget (99-98%) Sales Tax is 6.1% ($634,000)under budget If that trend continues,there should be a shortage of about$900,000 by the end of the year Kent is right in the ball park with other cities and the state. The percentages show that Contracting,Manufacturing,Retail, and Wholesale are all down. The two big dollar amounts are in Wholesale ($500,000) and Retail. The Utility Tax rates are running $900,000 under budget through July. Ms Miller said it was difficult to explain why they were down as they supposedly had a rate increase April I", but there has been no dollar effect from that(which probably won't be seen until late September or early October and it's not known what the effect will be because of commercial, residential, and the California spike). Operations Committee,9/17/02 3 Chief Administrative Officer Mike Martin said the City expects to be at $1-1 4 million in expenses above revenues at the end of the year in all sectors. The only things that are holding up are Recreation Fees Rico Yingling inquired if the City would dip into the Contingency Fund or if more budget cuts would be taken. Mr Martin said a package of all those things would be brought forward to Council and would include a proposal of deleting between 20 and 30 positions to start addressing the systemic part of expenditures over revenue � Those cuts would be worth in the neighborhood of about$900,000 to the General Fund(maybe$1 2-1 3 million over all funds). Fund balances would be looked at,which would include things like Fleet Funds. (Replacement of some, vehicles would be delayed) Some general discretionary cutbacks have been made in all areas including things such as office supplies and travel If Proposition 776 passes, that will cost the City$737,000 in cash next year Mr Martin said this was a serious time for the City budget May Miller continued with Building Permits, which were 36.4%under budget last month and the value of the permits were down 21% Plan Checks actually unproved and instead of being 37°/q under budget was only 30% under budget. Recreation Fees were 13.7% ($95,000) over budget. Fines and Forfeitures were 1.7%under budget, Water Operating Revenues were 0 5%under budget The Street Utility is showing a bit over budget,the Lodging Taxis very close and will end the year a little over budget The Youth/Teen Taxis coming in under budget due to the electricity. Both the Real Estate Excise Tax CIP piece and the second quarter piece that goes to Parks is expected to be up by$150,000 each by year end Even though the Sales Taxis down, that's exceeding the budget and will help in the capital area Golf revenue is going to be $90,000 over budget Expenditures on the maintenance side are under budget and Merchandise is showing a$50,000 profit Operations were under budget by $55,000 Overall,the year should end with an increase of$321,000, which is about $65,000 better than last year Rounds and rates per round increased; the 18 Hole and 9 Hole were both down,but the Driving Range is starting to pick up and do good Mini Putt was down and Golf cart and Lease were down Mike Martin said he had asked the City departments to identify the target cut for this year and what the consequences of that would be' Staff will also show what the initiatives have cost the City in the last several years The meeting adjourned at 4.50 PM. Jackie Bicknell City Council Secretary 0 SPECIAL PARKS COMMITTEE MINUTES SEPTEMBER 10, 2002 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Conine Epperly,Bruce White STAFF PRESENT John Hodgson, Lon Flemm, Katherin Johnson, Ronda Billerbeck, Nunna Hanson,Tom Brubaker,Perry Brooks,Shane Gilbertson,Brett Vinson,Kim Adams-Pratt, Jackie Bicknell PUBLIC PRESENT- Russell Hanscom, Bob O'Brien �I The meeting was called to order by Chair Judy Woods at 2.02 PM Approval of Minutes of July 9,2002 Committee Member Bruce White moved to approve the minutes of July 9, 2002 The motion was seconded by Committee Member Connie Epperly and passed 3-0 2002 King County Arts Commission Sustained Support Grant—Accept and Amend Budget Ronda Billerbeckc, Cultural Programs Manager, said the King County Arts Commission had awarded the Kent Arts Commission a Sustained Support Grant in the amount of$12,000 for the first year of the 2002-2003 grant cycle. Funds would support programs such as Kent Kids' Arts Day, Kent Summer Concert Series, Canterbury Faire, and Spotlight Series performances Bruce White commented that because of the county's budget problems, it made him wonder if the City would become part of the problem by taking the money when the county was proposing to cut other county services such as public safety, parks and the court system Ms Billerbeck explained that the King County Office of Cultural Resources that manages the Arts Commission and their cultural landmarks and heritage programs was actually in the process of breaking off from the county to become a Public Development Authority and would not be receiving any more current expense money from King County All of their grant programs would be funded out of their hotel/motel ordinance money and by getting entrepreneurial grants from foundations, etc. Sustained support money,right now,is out of the General Fund but that would be switching over Connie Epperly added that because the money was dedicated funding, even if Kent didn't take it, the money could not go for police, courts, or parks as it could only be used for arts programs. The next city down the road would get the money instead of Kent Parks Director John Hodgson said that the county money allows the City to do more than it could through its own funds to augment community programs. Not everyone that participates in Kent's programs is a Kent resident—a lot of the arts programs attract people from all over the county It is the General Fund of King County that's in trouble and is the cause of parks being closed and human services stopped. These funds wouldn't have a negative impact on the General Fund and, unless the legislation changes, this fund would not be used to balance the general fund problems Mr White contended that as long as the cities continued to accept the largess, there probably would be no encouragement to change the legislation It puts forth the wrong signal, especially from the taxpayers' perspective that they're getting taxed to beautify a garbage dump when parks are being closed Parks Committee,9/10/02 2 Connie Epperly moved to accept the $12,000 grant from the King County Arts Commission 2002 Sustained Support Program and amend the Kent Arts Commission's budget accordingly. The motion was seconded by Judy Woods and passed 2-1. Bruce White voted against the motion. Youth/Teen Capital Account Budget Transfer—Approve and Amend Budget Lon Flemm, Parks Planning and Development Superintendent, said the Parks Department,had applied for a $50,000 Youth Sports Facility grant from King County in 2001 and had re- submitted the application in 2002. The grant funds were requested for soccer goals, bases, bleachers, speakers, and other equipment for the East Hill Youth Sports Complex. However, she said, the City had just been notified that King County would not fund any applications in 2002 due to budget reductions. As there are no funds in the budget to pay for the needed equipment, staff is requesting that$50,000 be allocated from the Youth/Teen Capital account to purchase the equipment Bruce White moved to approve transferring $50,000 from the Youth/Teen Capital account and amend the East Hill Youth Sports Complex budget to purchase athletic equipment. The motion was seconded by Connie Epperly and passed 3-0. Comprehensive Plan Level of Service Standard—Report Lori Flemm said that in 2000, when the Comprehensive Park, Recreation, and Open Space Plan was updated, neighborhoods were identified based on arterial streets, geographic features, steep terrain, rivers, etc., to make sure there would be no barriers such as major streets or rivers for people to have to cross to get to their neighborhood park(which might feature play equipment, possibly picnic tables, or court games). There are 48 neighborhood service areas within the City of Kent, but some on the list are in potential annexation areas. (Community parks such as Lake Meridian, Lake Fenwick, and Russell Road are different in that they provide a type of recreation experience that applies to the whole community) The current Level of Service Standard is 1%2 acres per thousand population,but the LOS vanes widely within each neighborhood The Level of Service Standard is used primarily as a performance measurement tool when the City is acquinng new parkland in a neighborhood, and is not a required element by the Growth Management Act. Ms. Flemm said the level of service had dropped over the last 10 years by one acre per 1000 people. In 1993,before a lot of area was annexed, the standard was about 2 5 acres per thousand people. From 1998 on, it has been about 2/10 of an acre The City is meeting the Level of Service Standard for community parks, acreage wise,but a lot of that is undeveloped parkland John Hodgson added that there are very few neighborhoods within the city limits of Kent where parkland needs to be purchased (the City is getting close to meeting the neighborhood park needs) Ms. Flemm said the next step would be to project build-out population in each of the neighborhoods and the year it should be reached so land could be acquired before it was developed i Parks Committee,9/10102 3 Consolidated Housing and Community Development Plan Draft—Review a Kathenn Johnson, Housing and Human Services Manager, gave a review on the process of developing the Consolidated Housing and Community Development Plan. She said the City of Kent was invited to be an Entitlement City by HUD,which means that it would receive Community Development Block Grant money directly from the federal government as opposed to receiving it through the King County Consortium. Part of the process for entitlement is the development of a Consolidated Housing and Community Development Plan. A citizen committee was put together to help the consultants and staff review the data and develop the strategies (most of the information is required by federal regulations). The Draft Plan is currently available for public perusal and comment at the Kent Library,the City Clerk's office, and the Housing and Human Services Office. The public is encouraged to review the document and provide any type of comment they would like. A public hearing will be held on September 19th at the Human Services Commission meeting so the public can make their comments. At that time, the Commission will be asked to accept the document and forward it to the Parks Committee October meeting for approval and authorization to submit it to HUD Ms Johnson said the next step would be to incorporate all public comments into the document If a comment requires a response, staff would respond appropnately'and then the response would be included Once all that is done and all of the required certifications are attached, the plan will be submitted to the federal government for their,approval on November 15t°. All comments received so far from the public and other cities have been very encouraging. Judy Woods commented that the Plan could easily have been a negative document but instead was positive. It recognizes the challenges—one of which was that the relative household'mcome of Kent is lower than a number of the neighboring communities and the number of people in Kent who own their own homes is below the national and state average Ms Woods said the information was not presented in a negative way but to provide the foundation for interaction between the City and its citizens to encourage them to go beyond being renters and to actually get to the point where they could own their own homes Kathenn Johnson added that it is a known fact from research that home ownership in a community ties people to a community and develops a lot of assets for children growing up. It also reduces crime issues. This money coming into the City would provide opportunities to do some very proactive things in the community, such as improving home ownership, employment opportunities, small business persistence, and micro enterprise opportunities The meeting was recessed at 2.40 PM for Executive Session to discuss property acquisition After Executive Session, the meeting reconvened and adjourned at 3.08 PM. Jackie Bicknell City Council Secretary I SPECIAL PUBLIC SAFETY COMMITTEE MINUTES September 16, 2002 COUNCIL MEMBERS PRESENT. Rico Yingling, Judy Woods (sitting in for Julie Peterson) STAFF PRESENT Mike Martin,Fred Satterstrom, Charlene Anderson, Tom Brubaker, Pat Fitzpatrick, Jackie Bicknell The meeting was called to order at 4 02 PM by Acting Chair Rico Yingling Chair Conine Epperly and Committee Member Julie Peterson were absent Approval of Minutes of August 13, 2002 Judy Woods moved to approve the minutes of the August 13, 2002 meeting The motion was seconded by Rico Yingling and passed 2-0 Secure Communitv Transition Facilities Planning Manager Charlene Anderson said the Land Use and Planning Board recommended no change to existing regulations for siting Secure Community Transition Facilities. That means those facilities would be classified as Class III Group Homes and subject to a 1,000 foot separation requirement There are two sites that meet that criteria and both are on the north side of the City. Ms Anderson said that going with'the Board's recommendation could mean the state might determine that Kent's regulations preclude the siting of Secure Community Transition Facilities because of the limited number, and there is also a,possibilrty the state would declare the 1,000 foot buffer more restrictive than its regulations and the buffer would be considered void (The state regulation says the facility can't be within line of sight and they're defining that as 600 feet) Kent could lose local'control over procedures, location criteria, and the appeal process Staff is recommending the Secure Community Transition Facilities be located in the Gateway Commercial Zoning District. The police department has testified that this would be a good location for response time and there are eight vacant properties (five of which would be outside of what the state is now defining as line of sight from risk potential facilities) Taking the 600 foot separation requirement and applying it to the Gateway Commercial zone produces two residential areas. Other parcels are available, either for redevelopment or abatement. One of the issues that the Council and the Board brought forward was that it might appear that the City was expanding the number of available sites and kind of inviting the state to locate the facilities in Kent by allowing location within the Gateway Commercial District But, it also means that local control would be maintained over the location,the number of residents, and the whole process Ms. Anderson said the ordinance had changed slightly from what was in the staff memo A definition of risk potential activity or facility was added; a note 24 was added on Page 9 to include the staff report comments about a conditional use permit in the list of criteria A proposed amendment to Kent City Code 15 08 280C that listed all of the sensitive land uses that the state had listed was removed The 1,000 foot separation list didn't include school bus stops and the wording was different Public Safety Committee,9/16/02 2 The state has a limited period of time in which they have to site the facilities. Right now they are reviewing the local jurisdiction and county regulations to see how they could site a facility in any jurisdiction or county under their regulations If it's determined that the regulations do not comply with state law or are more restrictive than state law, then the state has the ability to preempt all local ordinances The City is under a strict time frame to get this done Regulations were supposed to be in effect by September lsi, and on October 1'i, the state starts the preemption Judy Woods moved to recommend that Council adopt the ordinance amending the Kent City Code Title 15, chapters 15.02, 15.04, 15.08, and 15.09 to provide for the siting of a Secure Community Transition Facility within the City of Kent. I The motion was seconded by Rico Yingling. In further discussion, City Attorney Tom Brubaker suggested an amendment to the proposed ordinance He said the statute, as written, declares that the City shall zone for facilities that can't handle less than three beds and it sets no maximum number of beds The statute also addresses the concept of equitable distribution that the number of sex offenders should be fairly distributed among all the counties of the state and, within those counties, among all the cities. Since there is no maximum number of beds established by the statute, the City should be able to set its maximum number of beds Some other cities have set their maximum at the minimum number of three beds. That would be a disincentive for the state to site in terms of the economics of building and staffing the homes,because there must be 24 hour staff, seven days a week for monitoring purposes Mr Brubaker suggested that language be included that states the maximum number of beds is three unless DSHS can demonstrate they have equitably distributed similar facilities within the county At that point, the count could go to a higher number of beds The DSHS is looking at one 12 bed facility in King County and, in terms of equitable distribution, Kent could say it would take its fair share but no more than three unless they can demonstrate they have similarly burdened other cities within the region. Mr Brubaker concluded that might discourage DSHS from looking at Kent,but it would still be consistent with the statute Judy Woods and Rico Yingling agreed to the friendly amendment to direct the City Attorney to revise the maximum number of residents as provided in Section 15.02.173 Subsection C of the draft ordinance and to stipulate equitable distribution. The motion then passed 2-0. Adoption of RCW's by Reference Deputy City Attorney Pat Fitzpatrick reminded the Committee that the adoption of RCWs by Reference issue had come before the Public Safety Committee on April 9th with an ordinance that repealed the current Criminal Code and reestablished a new Criminal Code. The matter had been rescheduled to provide more specific public notice to the community and to provide an explanation of the RCWs that would be adopted. State law requires municipalities to enforce all misdemeanor and gross misdemeanor violations of criminal law that occur within the limits of a municipality. Section 35A.12 140 of the Revised Code of Washington(RCW)permits the City to adopt by reference sections of the RCW The City of Kent already adopts numerous RCW Public Safety Committee, 9/16/02 3 sections, however, many other state statutes relating to criminal conduct are not adopted in the current criminal code and are, therefore,unenforceable In addition,the City currently has made code sections that parallel sections of the RCW These locally enacted criminal code provisions often differ from the RCW Replacing the current criminal code with a simplified criminal code that incorporates all RCW criminal code sections by reference would benefit police officers, prosecutors, and court staff. There would also be a blanket adoption,without listing, of all gross misdemeanor,or misdemeanor crimes. Judy Woods moved to recommend that Council repeal the current Criminal Code and adopt a new Criminal Code that adopts all misdemeanor and gross misdemeanor RCW sections by reference. The motion was seconded by Rico Yingling and passed 2-0. The meeting adjourned at 4 43 PM Jackie Bicknell City Council Secretary PUBLIC WORKS COMMITTEE MINUTES SEPTEMBER 16, 2002 COMMITTEE MEMBERS PRESENT- Chair Tim Clark, Rico Yingling , STAFF PRESENT: Don Wickstrom, Gary Gill, Steve Mullen, Bill Wolmski,Tom Brubaker, Jackie Bicknell 1 11 1 PUBLIC PRESENT David W Hoffman, Brian Hollinger, Melvin Roberts,Howard Montoure, Jerry Robinson, Terry Morse, Stephanie Hicks The meeting was called to order by Chair Tim Clark at 5 00 PM King County Project - Permanent Easement was added to the agenda as item number 8 The order of the agenda was changed to present item 6 as the first item. Mr. Clark announced he had previously received concurrence from Council President Judy Woods on agenda action items. Approval of Minutes of August 19, 2002 Committee Member Rico Yingling moved to approve the minutes of August 19, 2002 The motion was seconded by Tim Clark and passed 3-0 with concurrence from Judy Woods Presentation: Department of Ecology Wasbineton Conservation Corps Program Bill Wolmski, Environmental Engineering Manager,presented background on the Washington Conservation Corps and how the individual members are selected(as requested by Rico Yingling at the last Public Works Committee meeting) The actual program was modeled after the Civilian Conservation Corps from the 1930s and 1940s, and was setup as part of the Department of Ecology in 1983 The program targets young adults ranging in age from 18-25 and provides either a year or six months of training The members get work experience and actual training on different types of natural resource skills, and are compensated by receiving minimum wage and basic health insurance An added incentive is that after completing the six months or year program, they receive up to a $4,700 scholarship from the Americorp Program, which can be used for additional course work or to pay off existing student loans Mr Wolmski said that once a local jurisdiction determines the need for one of the programs for a select time period, advertisements go out in the local newspapers that targets individuals living within a reasonable distance of the jurisdiction In Kent's particular case, there were several members from the City of Kent, one from Renton, and one from Federal Way He said it would be advantageous in the future to put the program on the City's web site to alert Kent residents, in advance, of the dates for active recruiting. Also, staff will send out information to the citizens to give them an opportunity to learn about the program and prepare them to compete for the positions during the two time periods set every April when interest is solicited in the program Public Safety Committee,9/16/02 2 Sienal at 74`h and Willis Street—Update Steve Mullen, Transportation Engineering Manager, said that not much progress had been made on tracking down what needed to be done to see a signal go in at 70 and Willis Streets. It's not clear why the state is asking for an air quality modeling and the implications of not doing the analysis has not been explored Mr Mullen said he had made several calls to the DOT, but so far hadn't gotten a return call He did talk to the person requesting the air quality modeling,but was told that was required for any new signals on'the state highway system and was then referred to the DOT's web site for further information. Tim Clark asked if it would help for administration to write a letter. Mr. Mullen felt that it would be better to play things a little more low key. He said he hoped to be able to go ahead and construct the signal without having to do the air quality modeling, as signals do not improve air quality and it would be difficult to know how to mitigate for that. A consultant may need to be hired to explore what the ramifications would be of not complying with the air quality analysis and what the options would be. Mr. Mullen said he would have to dig into the language of the basis for air quality models, and rt'may be that the signal permit is grandfathered in since it was issued some time back, and an air quality model may not be needed In response to Rico Yingling's question about required air quality reports for other lights the City has done on state roads, Don Wickstrom stated that limited access roads are different Mr. Mullen added that the City hadn't installed a light on a limited access facility in recent memory and the problem with dealing with limited access close to the freeway is not knowing what the limits and data availability of the study would be Rico Yingling requested to know by the next meeting what the cost of an air quality report would be, and also that a legal opinion be obtained from the City's legal department on whether the project could begin. Mr Mullen said staff would try to get that assessment,but that the signal plans were not yet final. After additional work is done there will be a better cost estimate which will need to be taken back to the stakeholders He said he would hate to start work on the project, get stopped, be demobilized, and pay all the additional costs in delay, and he would like to know what the risk for work stoppage would be so a more informed decision could be made. Public Works Director Don Wrckstrom contended that the real issue was the amount of authority the DOT would have and whether they could yank the City's permit and say the signal couldn't be built. Kint! County—Green River Natural Resources Area Lagoon Island Reforestation Agreement—Authorize Don Wrckstrom said a grant was received in the amount of$10,000 for the reforestation of the manmade island the City had built in the middle of the Green River Natural Resources Area The City would provide a$38,000 in-kind match, which would come from labor and supplies that had already been allocated to the project. Most of the grant award would go towards contracted labor provided by the Washington Conservation Corp administered by the Washington State Department of Ecology Public Safety Committee, 9/16/02 3 Rico Yingling moved to recommend 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 project. The motion was seconded by Tim Clark and passed 3-0 with concurrence from Judy Woods. Street Vacation —Thompson Street Don Wickstrom said the resolution would complete the vacation of Thompson Street down to Harrison Street. A public hearing date needs to be set Rico Yingling moved to recommend Council adoption of a resolution setting a public hearing date of November 51h for the street vacation located along a portion of Thompson Street. The motion was seconded by Tim Clark and passed 3-0 with concurrence from Judy Woods. Six-Year Transportation Improvement Plan Don Wickstrom said the City was required to update its Six-Year Transportation Plan every year by July I". This plan is an update of last year's plan and is kind of a wish list of projects that have a prospect of being funded If projects are not on the six-year plan, then the grant funding is not eligible for the project. The total cost for the six years is $245 million, and about $85 million of that is already funded. Auburn's portion of the 277`h Corridor is supposed to be $36 million, and$109 million relates to railroad grade crossing separation project If Referendum 61 and the Regional Transportation Improvement District (RTID) passes, there's a good chance that Kent will get $36 million out of the$109 million in grants for those projects Kent will also begetting federal money for those same projects, plus a possible $18 million more of projects if the RTID and Referendum 61 passes Out of the $245 million, staff feels there's a good chance of obtaining about$137 million dollars worth of projects. Tim Clark mentioned Project#12, the 72"d Avenue South Extension from South 1961h Street to South 200`h Street that would potentially create a new corridor route running from 180`h to 229',parallel to West Valley Freeway, and would create an exciting change in choices for people coming from the direction of South Center and Boeing. Don Wickstrom mentioned that Council had authorized the purchase of the Lidco property for that project but negotiations were still proceeding with the property owner Steve Mullen handed out a summary of the Six Year Transportation Improvement Plan and reiterated that the total cost was $245,000,000 He said last year's Six Year(2001- 2007) TIP totaled about$218,000,000 in projects Some of the major projects, such as the grade separation projects that had been logged in as single projects were broken out into individual projects Six projects were taken off the TIP from last year because they were completed, one project was dropped, and one was added There was also some shifting in the timing for some of the projects, and the cost estimates on several were updated . Rico Yingling moved to recommend to full Council to set a public hearing on October 15`1h for the adoption of the Six-Year Transportation Improvement Plan. Public Safety Committee,9/16/02 4 The motion was seconded by Tim Clark and passed 3-0 with concurrence from Judy Woods. • Fernando Panlasigui Short Plat Water System Don Wickstrom said that Fernando Panlasigui was developing a two-lot King County short plat adjacent to a City of Kent wetland mitigation site in King Countywhich will be serviced from an existing well presently used by Mr. Panlasigui The City bought the wetland mitigation site from Mr Panlasigui and gave him an easement for the well The, easement language, however, does not meet the Seattle/King County Health requirements and Mr Panlasigui has asked that the City grant a new easement with the appropriate language The City was concerned that additional water used from the well could impact the function and water regime of the wetland mitigation site A microscopic particle analysis by Udder Health Systems confirmed that no surface water was entering the well and that no well water was reaching the surface Rico Yingling moved to recommend to full Council that the City grant a new easement with the revised language for the existing well on its mitigation wetland site for which the language therein shall conform to the Seattle/King County Health, Department's standard, subject to the concurrence with said language by the Public Works Director. (Tim Clark clarified that this was for Tax Lot#302205-9026.) The motion was seconded by Tim Clark and passed 3-0 with concurrence from Judy Woods. Kin County Project—Permanent Easement • Don Wickstrom said Metro/King County went outside the road right of way when constructing the sewer interceptor from 180`h and 80th to 216ih and 72"d (where 80`'Place ties into 80` Avenue about 300-400 feet south of 1801h) The City has property(deeded by a developer as part of a plat)that is outside the road right of way. The property wasn't useful for any development, and Metro wanted an easement, so they gave the City a check for$1,300 which was the value of the property Rico Yingling moved to recommend to Council that the Mayor be authorized to execute a utility easement with King County Metro for their South Sewer Interceptor Project. The motion was seconded by Tim Clark and passed 2-0. Sienal at 74th and Willis Street—Continued Stephanie Hicks, Attorney with Williams,Kasner, & Gibbs, 601 Union Street, Suite 4100, Seattle, WA 98101, and representative of the Hollinger Family, offered to help the City to any extent possible with the process of moving forward in getting the signal installed at 74`h and Willis. She said the Hollinger family has had a great deal of safety concerns for the past 12 years about the intersection, and now that the LID is in place, the signal can move forward as soon as the Air Quality issue is resolved. Rico Yingling asked Don Wickstrom if there would be any way that Ms. Hicks could help on the air quality item Mr. Wickstrom said staff appreciates any help and Ms . Hicks could research the issue and call the DOT. (The property owner has called the Public Safety Comnuttee, 9/16/02 5 DOT on other issues and gotten a better response than the City has gotten.) Mr. Wickstrom and Ms Hicks agreed to get together to discuss the issue. Brian Hollinger, 917 South 28`i Court,Renton,WA 98055,requested the name and phone number of the gentleman at the DOT that had told the City they needed to do the air quality test for the signal When Mr Clark said the City would like to try the diplomatic road and wouldn't want anything to undercut what staff would be doing,Mr. Hollinger contended that as a property owner in the City of Kent who had paid for the signal warrant analysis required by the City as a condition to build the project, he had the right to know who was requiring the air quality analysis so he could give them a phone call Don Wickstrom agreed that the City needed people to help contact the DOT and said he would give Mr.Hollinger the phone number of the DOT contact person. The meeting adjourned at 5 50 PM Jackie Bicknell City Council Secretary CONTINUED COMMUNICATIONS' P 7 tieG� At n,,� a lip �r11cv,• e H�� 4-6 n x t4,1,�t � �d" — 7LO � • • I • EXECUTIVE SESSION A) Property Acquisition