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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/19/2002 Sys. ,y City of Kent,City Council MeetingIV I Agenda r� KEN T s W A S H I N 0 T 0 N Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson s Connie Epperly Bruce White :- Leona Orr RicoYingling November 19, 2002 Office of the City Clerk ; SUMMARY AGENDA KENT CITY COUNCIL MEETING KENT November 19, 2002 WASHINGTON Council Chambers I 7:00 p in MAYOR. Jim White COUNCILMEMBERS Judy Woods, President Tim Clark Connie 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. Green Business of the Year Award B Proclamation—Feed America Thursday 13,ble Week 5 PUBLIC HEARINGS A. 2003 Budget, Second Hearing B 2002 Tax Levy for 2003 Budget C Capital Improvement Plan, Second Heann y 8udge - /Ylessa 6. CONSENT CALENDAR A Minutes - Approve B Bills—Approve C Symtron Systems Lease Agreement Renewal—Authorize D King County Medics Lease Agreements Renewal—Authorize E Sale of Surplus Fire Vehicle—Authorize F Local Law Enforcement Block Grant—Authorize G Freight Action Strategy(FAST) Memorandum of Understanding—Authorize H. Washington State Department of Transportation(WSDOT)Utility Funds Transfer—Authorize and Amend Budget 1 2003 Government Relations Contract—Approve I Energy Audit Capital Improvements—Authorize K. Miscellaneous Accounts Receivable and Utility Billing Write-Offs—Authorize L LIDs 350, 352 and 354 Bond Process—Authorize M 108th Avenue Townhomes Rezon Ord ance—Adopt 3 N King County Live Scan Equipment rant—Accept and Amend Budget O Washington State Traffic Safety Commission Grant for Traffic Equipment— Accept and Amend Budget P Washington State Traffic Safety Commission Grant for DUI/Seat Belt—Accept and Amend Budget Q Washington State Division of Alcohol and Substance Abuse Grant—Accept and Amend Budget R Clark Lake Outflow Restoration Grant—Accept and Amend Budget (continued next page) SUMMARY AGENDA CONTINUED i 6 CONSENT CALENDAR(Continued) S. King County Arts Commission Special Projects Grant—Accept and Amend Budget T 2003 Legislative Agenda— Approve U Meadow Hills Sanitary Sewer—Accept as Complete Strawberry Place Ph.I Bill of Sale—Accept Strawberry Place Ph. 11 Bill of Sale—Accept X. Auburn Ho e Repair Program Contract—Accept and Amend Budget �—g aSed A-bser c .Fo! C.&*, 7. HER BUSINESS A. Klouzal Rezone B. Tacoma Second Suppl Project, Partnership Agreement, Repayment Agreement— Authorize-nancand Motion—Adopt s BID e. None 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10 REPORTS FROM SPECIAL COMMITTEES 11 CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION A Property Acquisition 13 ADJOURNMENT vJ1 ac.;,K 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 requmng 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) GREEN BUSINESS OF THE YEAR AWARD B) PROCLAMATION-FEED AMERICA THURSDAY • Kent City Council Meeting Date November 19, 2002 Category Public Hearings 1. SUBJECT: 2003 BUDGET, SECOND HEARING 2. SUMMARY STATEMENT: This date has been set for the second hearing on the 2003 budget. Public input is welcome. 3. EXHIBITS: None 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: S SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember P�co seconds to close the public hearing. —MC,- DISCUSSION: x ACTION: DID Council Agenda Item No. 5A Kent City Council Meeting Date November 19, 2002 Category Public Hearings 1. SUBJECT: 2002 TAX LEVY FOR 2003 BUDGET 2. SUMMARY STATEMENT: This date has been set for the public hearing on the 2002 Tax Levy for the 2003 Budget. Public input is welcome. 3. EXHIBITS• None 4. RECOMMENDED BY: (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 to close the public hearing. DISCUSSION: ACTION: Council Agenda Item No 5B Kent City Council Meeting Date November 19, 2002 Category Public Hearings 1 SUBJECT: CAPITAL IMPROVEMENT PLAN, SECOND HEARING 2. SUMMARY STATEMENT: This date has been set for the second public hearing on the Capital Improvement Plan. Public input is welcome. 3. EXHIBITS: None 4 RECOMMENDED BY: (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 to close the public hearing. DISCUSSION: ACTION: Council Agenda Item No. 5C 6. City Council Action: CONSENT CALENDAR.r Councilmember ( 4) moves, Councilmember seconds to approve Consent Calendar Items A through . Discussion Action M� 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of November 5, 2002. 6B. Approval of Bills. Approval of payment of the bills received through October 31 and paid on October 31 after auditing by the Operations Committee on November 5, 2002. Approval of checks issued for vouchers: Date Check Numbers Amount 10/31/02 Wire Transfers 1286-1295 $ 996,034 23 10/31/02 Prepays & 540270 2,990,894.56 10/31/02 Regular 540927 $8,206,565.63 $12,193,494.42 Approval of checks issued for payroll for October 1 through October 15 and paid on October 18, 2002: Date Check Numbers Amount 10/18/02 Checks 263861-264167 $ 251,452.85 10/18/02 Advices 136218-136914 1,188,684.54 $1,440,137.39 Approval of checks issued for payroll for October 16 through October 31 and paid on November 5, 2002: Date Check Numbers Amount 11/5/02 Checks 264168-264487 $ 249,820.07 11/5/02 Advices 136915-137660 1,136,945 35 $1,396,765.42 Council Agenda Item No. 6 A-B • KEN T Kent, Washington W..9XINOTON November 5, 2002 The regular meeting of the Kent City Council was called to order at 7 : 00 p .m. by Mayor Pro Tem Woods . Council members present . Clark, Epperly, Orr, White and Yingling. Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford; Public Works Director Wickstrom, Community Development Director Satterstrom, Parks Director Hodgson, Employee Services Director Viseth, and Finance Director Miller. Council member Peterson was excused from the meeting. Approximately 25 people were in attendance. (CFN-198) CHANGES TO THE AGENDA Woods removed Consent Calendar Items Q, R and S at the request of Fire Chief Schneider, and added new Consent Calendar Item Q. She also added Public Communications Item 4E . (CFN-198) PUBLIC COMMUNICATIONS Introduction of Appointees. Mayor Pro Tem Woods intro- duced Chris King, appointee to the Independent Salary Commission, and noted that the other members are Ray Coleman and Brad Bell . (CFN-198) Employee of the Month. Mayor Pro Tem Woods announced that Assistant Fire Chief Steve Hamilton has been selected as Employee of the Month for November. She noted that he is kind, positive and one of the first to pitch in and do whatever it takes to get the job done thoroughly and thoughtfully CAO Martin noted that Chief Hamilton recently served as Interim Chief of the Fire Department, a very difficult position, and was able to bring about some very tangible improvements . He expres- sed gratitude for Hamilton' s leadership during that time Woods commended Hamilton for his honesty, integrity and support , and presented him with the Employee of the Month plaque . Chief Hamilton expressed his appreciation for this honor. (CFN-147) Human Services Month. Mayor Pro Tem Woods read a pro- clamation noting that children benefit from the love, leadership and mentoring displayed by caring and responsible adults who assist them in preparation for life ' s challenges, and declaring the month of November 2002 as Human Services Month in the City of Kent . Melvin Tate, Chair of the Human Services Commission, accepted the proclamation and noted that this month the Commission 1 Kent City Council Minutes November 5, 2002 PUBLIC COMMUNICATIONS begins a year long project focusing on the importance of children. (CFN-155) World Town Planning Day. Mayor Pro Tem Woods read a proclamation noting that World Town Planning Day is an occasion to publicly recognize the participation and dedication of the members of the Kent Land Use and Planning Board and other citizen planners, past and present, as well as Planning staff, who have contributed their time and expertise to the improvement of the City of Kent, and proclaiming November 8, 2002 as Community and Regional Planning Day in the City of Kent, in con.- junction with the worldwide celebration of World Town Planning Day. She presented the proclamation to Planning Manager Charlene Anderson, who expressed thanks to the Mayor and Council for their support, and for this recognition. (CFN-155) 2003 Budget. Martin noted that Mayor White ' s full budget message is contained in the preliminary budget document, and highlighted portions having to do with the $6 . 8 million shortfall and how to close it . It was noted that a public hearing on the budget will be held on November 19, and that budget documents are available to the public . (CFN-198) CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through Q. Yingling seconded and the motion carried. (CFN-198) MINUTES (CONSENT CALENDAR - ITEM GA) (CFN-198) Approval of Minutes. Approval of the minutes of the regular Council meeting of October 15, 2002 . BILL OF SALE (CONSENT CALENDAR - ITEM GM) (CFN-484) Dollar Development Bill of Sale. Accept the Bill of Sale for Dollar Development submitted by Dollar Development for continuous operation and maintenance of 22 feet of watermain and 78 feet of street improvements , as recom- mended by the Public Works Director. Bonds are to be released after the maintenance period This project is located at 21220 77th Avenue S. 2 Kent City Council Minutes November 5, 2002 FINAL PLAT (CONSENT CALENDAR - ITEM 6I) (CFN-1272) Kinglley Glen Final Plat FSU-99-4/KIVA 2022089 . Approve the final plat submitted by Kingsley Glen, LLC for Kingsley Glen and authorize the Mayor to sign the final plat mylar. The Hearing Examiner issued his Findings, Conclusions, and Decision on the preliminary subdivision on July 2 , 2000, and for a plat alteration on August 29, 2001 . LID 352 (CONSENT CALENDAR - ITEM 6G) (CFN-1195) LID 352 - 1st, 3rd & 5th Avenue South Storm Drainage Improvements . Accept the LID 352 - 1st, 3rd & 5th Avenue S . Storm Drain Improvements project as complete and release the retainage to Scarsella Brothers upon standard releases from the state and release of any liens, as recommended by the Public Works Committee. The original contract amount was $1, 124, 166 43 . The final contract amount was $1, 253 , 173 . 65 . Adequate funds exist within the project budget to cover this overage. PUBLIC WORKS (CONSENT CALENDAR - ITEM 6F) (CFN-1019) Garrison Creek Improvements. Authorization for the Mayor to sign a Washington State D.0 T. agreement which pro- vides city funding in the amount of $299, 965 for improvements to Garrison Creek, and directs staff to accept the funds and establish a budget for the funds to be spent within said projects, as recommended by the Public Works Committee . (CONSENT CALENDAR - ITEM 6H) (CFN-136) Sale of Surplus Equipment. Declare certain city vehicles/equipment no longer needed by the City as surplus and authorize the sale thereof at the next public auction, as recommended by Public Works Committee. (CONSENT CALENDAR - ITEM 6J) (CFN-103 ) 2002 Asphalt Overlays. Accept the 2002 Asphalt Overlays project as complete and release the retainage to Watson Asphalt Paving upon standard releases from the state and . release of any liens, as recommended by the Public Works Director. The original contract amount was $495,212 .47 . The final contract amount is $477, 225 .36 . 3 Kent City Council Minutes November 5, 2002 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6K) (CFN-1255) Canyon Drive Bicycle and Pedestrian Facilities Improvements . Accept the Canyon Drive Bicycle and Pedestrian Facilities Improvements project as complete and release of retainage to Ceccanti, Inc. upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $1, 414, 718 04 . The final contract amount is $1, 464, 773 .20 . (CONSENT CALENDAR - ITEM 6L) (CFN-1038) West Valley Highway Raising. Accept the West Valley Highway Raising project as complete and release retainage to City Transfer, Inc . upon standard releases from the state and release of any liens, as recommended by Public Works Director. The original contract amount was $797, 070 . 00 . The final contract amount is $693 , 430 .45 . (CONSENT CALENDAR - ITEM 6N) (CFN-1270) 2002 City of Kent Traffic Striping. Accept the 2002 City of Kent Traffic Striping project as complete and release retainage to Stripe Rite, Inc . upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $38 , 429 . 50 . The final contract amount is $39, 160 .16 . (CONSENT CALENDAR - ITEM 60) (CFN-171) Median Separator Agreement with Sound Transit. Approve the agreement between the City of Kent and Sound Transit for the installation of median barriers at railroad crossings between James Street and Willis Street in the City of Kent This agreement between Sound Transit and the City of Kent would provide for installation of median barriers at railroad crossing between James Street and Willis Street per an Order of the Washington Utilities and Transportation Commission, which will likely reduce the number of automobile and truck drivers attempting to circumvent lowered crossing gates. Sound Transit has agreed to purchase and install the median barriers, and the City will maintain the median barriers . 4 Kent City Council Minutes November 5, 2002 REZONE (OTHER BUSINESS - ITEM 7A) (CFN-121) 108th Avenue Townhoues Rezone (RZ-2002-1) . This request by Campbell/Nixon & Associates is to rezone approximately 1 . 1 acres of property from CC, Community Commercial , to MR-T16, Multifamily Residential Townhouse . The property address is 24121 108th Avenue SE . A public hearing was held before the Hearing Examiner on October 2, 2002 , and the Hearing Examiner issued Findings, Conclusions and a recommendation to approve the rezone on October 16, 2002 . Matt Gilbert of Planning Services pointed out the location and explained the proDect . He noted that staff recommends approval . ORR moved to accept the findings, conclusions, and recommendations of the Hearing Examiner on the 108th Avenue Townhomes Rezone and to direct the City Attorney to prepare the necessary ordinance . Epperly seconded and the motion carried. . INFORMATION TECHNOLOGY (CONSENT CALENDAR - ITEM 6C) (CFN-1155) Maintenance Contract for HP Minicomputers. Authorization for the Mayor to sign a contract with InnerVu Corporation for the purchase of services for Minicomputer Hardware and System Software Maintenance sub3ect to Information Technology Director' s approval and City Attorney approval of contract documents. Information Technology found a substantial cost savings without loss of quality in maintenance support for the Hewlett-Packard minicomputers and recommends moving these maintenance contracts to InnerVu Corporation. INDEPENDENT SALARY COMMISSION (CONSENT CALENDAR - ITEM 6P) (CFN-198) Independent Salary Commission Appointments. Confirmation of the Mayor' s appointment of Chris King, Brad Bell and Ray Coleman to serve as the initial members of the City' s Independent Salary Commission, pursuant to Ordinance No . 3617 . Pursuant to the ordinance, the initial terms of the first three members to serve on the commission are staggered. Accordingly, Ms . King will serve a one-year term, Mr. Bell will serve a two-year term, and Mr. Coleman will serve a three-year term. 5 Kent City Council Minutes November 5, 2002 COUNCIL (CONSENT CALENDAR - ITEM 6D) (CFN-198) City Council Rules & Procedures Resolution. Passage of Resolution No. 1633 amending the rules and procedures for the city council, city council meetings, and council committee meetings . The city council, pursuant to Resolution No. 1562, revised its rules and procedures for the city council, city council meetings, and meetings of council commit- tees . Because of the increased demands and expectations placed on the council caused by extensive growth in the community during the past decade, it is appropriate to clarify and further define the council president' s role . (CONSENT CALENDAR - ITEM 6E) (CFN-198) City Council Agenda Format Changes. Approval of changes to the City Council summary agenda page format, as recommended by the Operations Committee on October 15, 2002 . (CONSENT CALENDAR - ITEM 6Q) (CFN-198) (ADDED) Council Absence. Approval of an excused absence from tonight' s meeting for Council Member Peterson who is unable to attend. FINANCE (CONSENT CALENDAR - ITEM 613) (CFN-104) Approval of Bills . Approval of payment of the bills received through October 15 and paid on October 15 after auditing by the Operations Committee on October 15, 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 10/15/02 Wire Transfers 1275-1285 $1, 096, 544 . 39 10/15/02 Prepays & 539633- 299, 390 . 06 10/15/02 Regular 540269 2 , 116,217 . 67 $3, 512, 152 . 12 REPORTS Council President. Woods announced the opening of Auburn' s portion of the 277th corridor will be held at 10 :00 on November 8 and invited interested persons to attend. 6 Kent City Council Minutes November 5, 2002 REPORTS operations Committee. Yingling noted that the budget will be discussed at the next committee meeting, which will be held on November 19th at 4 : 00 o ' clock. (CFN-198) Public Safety Committee. Epperly noted that the next meeting will be held at 5 : 00 p.m. on November 12th. (CFN-198) Public Works Committee. Clark noted that the next meeting will be on November 18th at 5 : 00 p.m. (CFN-198) Planning Committee. Orr noted that the next meeting will be on November 19th at 3 : 00 p.m. (CFN-198) Parks Committee. Woods noted that the next meeting will be on November 12th at 4 : 00 p.m. (CFN-198) Parks Director Hodgson noted that 246 people volunteered for Make A Difference Day on October 26 , He explained the projects and the work that was done, and expressed pride in the young people who participated. (CFN-198) Administrative Reports . Martin noted that the United Way campaign was very successful, resulting in a donation of $32, 000 (CFN-198) ADJOURNMENT At 7 :35 p.m. , ORR MOVED to adjourn. Epperly seconded and the motion carried (CFN-198) Brenda Jacober, MC City Clerk 7 Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: SYMTRON SYSTEMS LEASE AGREEMENT RENEWAL— AUTHORIZE 2 SUMMARY STATEMENT: Authorization for the Mayor to execute the lease agreement renewal between the City of Kent and Symtron Systems, Inc. for office space located at Fire Station 74, 24611 116th Avenue SE. Symtron has been leasing office space from the City of Kent Fire Department since November of 2001. This has improved both our response times for repairs and maintenance to our training tower burn simulators. The lease agreement is identical to the previous agreement and has been extended for an additional year. 3. EXHIBITS: Copy of lease agreement • 4 RECOMMENDED BY: Fire Chief Schneider (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 LEASE OC/U 1. PARTIES. This Lease is entered into this November 01, 2001,by and between THE CITY OF KENT, a Washington municipal corporation ("Landlord"), and Symtron Systems Inc , a corporation("Tenant") 2. PREMISES. In consideration of the rents and covenants and under the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms and conditions herein set forth that certain space (the "Premises") containing approximately_100_square feet of net leasable floor area, all as shown on Exhibit A to be attached hereto and incorporated herein by this reference upon mutual satisfaction of the contingency set forth The Premises constitute a portion of a building(the "Building") located at 24611 116`h Ave SE, Kent, Washington 3. COMMON AREAS. The following areas adjacent to or located in or on the Premises, Building or Land shall constitute common areas available for Tenant's non-exclusive use including without limitation walkways, hallways, stairways, driveways, lavatones, janitonal rooms, mechanical rooms, electrical rooms, landscaped areas and grounds, parking areas, and all other areas used in common by the tenants of the Building, Landlord, and invitees and employees of Tenant All common areas shall be subject to Landlord's management and control and shall be operated and maintained in such manner as Landlord, in its reasonable discretion, shall determine. Landlord may, from time to time in Landlord's reasonable discretion, alter,modify or change the dimensions and location of the common areas, or designate portions of the common areas for the exclusive use of tenants of the Building, provided, however, that any such alterations, modifications or changes shall not materially interfere with Tenant's use and enjoyment of the Premises as set forth in this Lease. Tenant and others entitled or allowed to use the common areas shall be subject to and shall comply with rules and regulations applicable to the common areas as may be established by Landlord from time to time 4. LEASE TERM AND COMMENCEMENT DATE. This Lease shall be for a term of one (1) year and shall commence on January 1, 2003 (the " Commencement Date") and shall end on December 31, 2003 (the "Termination Date") 5. RENT 5.1 Monthly Rent. Tenant agrees to pay Landlord as Rent,without notice or demand, the sum of $200 per month, ("Monthly Rent"), in advance, on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof Monthly Rent for any period during the tern hereof which is for less than one month shall be a prorated portion of the Monthly Rent herein, 1 �o based upon a thirty- (30) day month All Rent ("Rent" being defiitt d ttk1ch e Monthly and Additional Rent) shall be paid to Landlord at the address notices to Landlord are to be given,in accordance with paragraph 30.16 herein, without deduction or offset in lawful money of the United States of America, or to such other persons or at such other place as Landlord may from time to time designate in writing. 6. Lease Year. "Lease Year" shall mean the twelve-month period commencing January 1 and ending December 31, except for the first Lease Year which shall commence on the Commencement Date and end on the following December 31. 7. Actual Operating Expenses. "Actual Operating Expenses Allocable to the Premises: shall mean the actual amount paid or incurred by Landlord for Operating Expenses during any Lease Year of the term hereof, and allocable to the Premises based upon Tenant's share. 8. USE OF PREMISES. Tenant's use and occupancy of the Premises shall be for general office uses and for no other business or purpose, without the prior written consent of Landlord. 8.1 Use. Tenant shall conduct and carry on in the Premises,continuously during each and every business day of the Lease term, the business for which the Premises are leased, and shall not use the Premises for any illegal purpose Tenant shall not commit or allow to be committed any waste in or upon the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building 8.2 Compliance With Law. Tenant shall not use or permit the use of the Premises in any way in conflict with any law or governmental rule Tenant shall,at its sole cost,promptly comply with all such laws and governmental rules and with the requirements of any board of fire underwriters OR other similar bodies now or hereafter constituted relating to the condition, use or occupancy of the Premises only The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant that Tenant has violated any law or governmental rule, whether or not Landlord is a party, shall be conclusive of the fact as between Landlord and Tenant 9. ALTERATIONS AND ADDITIONS. Tenant shalt not make or allow to be made any alterations, improvements, or changes to or of the Premises or any party thereof without the prior written consent of Landlord, and all improvements, alterations, or changes so made shall become a part of the lease Premises and shall belong to Landlord upon expiration or sooner termination of this Lease. With respect to such alterations, improvements or changes to the Premises requested by Tenant, Landlord's consent shall not be unreasonably withheld In the event Landlord consents to the making of any 2 alterations, additions, or improvements to the Premises by Tenant, the s made by Tenant at Tenant's sole cost and expense,the Premises and Tenant's lease st therein shall remain free from any lien of any kind whatsoever, and construction of alterations, additions or improvements shall be done in compliance with all laws an governmental requirements. 10. MAINTENANCE AND REPAIRS. 10.1 Tenant's Obligations. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being clean and in good order, condition, and repair Tenant shall, at Tenant's expense, keep the Premises and every part thereof in good condition and repair including without limitation the maintenance,replacement, and repair of any doors,windows,window casements, floor covering, and the plumbing,pipes,electrical wrong, and conduits within and serving the Premises, it being the intention of Landlord and Tenant that Tenant shall only have the obligation to maintain, replace or repair such plumbing,pipes and electrical wiring as are located within the exterior partition walls of the Premises. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition,broom clean, excepting only ordinary wear and tear and destruction or damage by such conditions over which Tenant has no control, or such damage as maybe due to the failure of Landlord to comply with any covenant herein contained to be performed by Landlord Damage caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant 10.2 Use of Contractor. Tenant shall obtain Landlord's written approval with respect to a choice of contractor before Tenant undertakes the making of any repairs hereunder, which approval shall not be unreasonably withheld Additionally, the Tenant shall secure written proof and assurances that person(s) retained for such work are appropriately bonded and insured 10.3 Landlord's Obligations. Landlord shall, at Landlord's expense, repair and maintain the structural portions of the Building, including the roof(and the roof membrane, except that the maintenance of the roof membrane shall constitute an Operating Expense), foundation, bearing and exterior beams and supports, flooring and subfloonng. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances, and equipment if Landlord shall have taken every reasonable measure to avoid any such injury and interference 3 11. LIENS. Tenant shall keep the Premises,Tenant's leasehold interest thZ,, t�tl�� Building and Land on which the Premises are situated free from any liens axis out of any work performed, materials furnished, or obligations incurred by Tenant. 40 12. HOLD HARMLESS. Tenant shall indemnify and hold harmless Landlord from and against any and all claims ansing from Tenant's use of the Premises or from the conduct of its business or from any activity,work, or other things done,permitted, or suffered by Tenant in or about the Premises or ansing from any act or negligence of Tenant or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorneys' fees, and liabilities incurred in or about the defense of any such claim, Tenant,upon notice from Landlord,shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant hereby assumes all risk of damage to property or injury to persons in, upon, or about the Premises from any cause other than the negligence of Landlord, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agent shall be not liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the Building or from the pipes, appliances, or plumbing works therein or from the roof, street,or subsurface, or from any other place resulting from dampness, or from any other cause whatsoever,unless caused by or due to the negligence of Landlord or its agents Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises Landlord shall indemnify and hold harmless Tenant from and against any and all claims ansing from the activities,word or other things done,permitted or suffered by Landlord to connection with the Premises, Building, Land and common areas or ansing from any act or negligence of Landlord or any officer, agent, employee, guest or invitee of Landlord, and from all costs, attorneys' fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. In any action or proceeding brought against Tenant by reason of such claim,Landlord, upon notice from Tenant, shall defend the same at Landlord's expense by counsel reasonably satisfactory to Tenant 13. SUBROGATION As long as their respective insurers so permit, Landlord and Tenant hereby release the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault of negligence of the other party, or anyone from whom such party may be responsible 4 0 14. LIABILITY INSURANCE; HAZARD INSURANCE. 14.1 Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force during the term of this Lease a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability ansing out of the Tenant's use, occupancy, or maintenance of the Premises Such insurance shall be in amount not less than $2,000,000 Combined Single Limit with respect to injuries to or death of persons, and/or destruction of or damage to property; provided, however, that Landlord acknowledges and agrees that Tenant may self-insure its liability up to$1,000,000 The limit of any such insurance shall not,however, limit the liability of Tenant hereunder. Tenant may provide this insurance under a blanket policy provided said insurance shall have a landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance,Landlord may,but shall not be required to,procure and maintain the same at the expense of Tenant Tenant shall deliver to Landlord, prior to right of entry, certificates evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord All such policies shall be written as primary policies not contributing with and not only in excess of coverage which Landlord may carry. 14.2 Hazard Insurance. Throughout the term of this Lease,Landlord shall procure and maintain fire, hazard and extended coverage insurance in the amount of replacement cost of the Building, as maybe adjusted from time to time, in the exercise of Landlord's reasonable discretion 15. SERVICES AND UTILITIES. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during the hours of 7 00 A M to 6 00 P M on generally recognized business days, and during non-business hours and non-business days on an access and override basis, and subject to the reasonable rules and regulations of the Building of which the Premises are a part, the following services. (a) electricity for normal lighting and routine office machines, (b) heat and air conditioning required in Landlord's reasonable judgment for the comfortable use and occupation of the Premises, (c))antonal services unless Tenant advises Landlord of Tenant's desire to provide its own janitorial services, and (d)water in quantities reasonably used by Tenant. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises area part Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of Rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar,beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property,however occurring,through or in connection with or incidental to failure to furnish any of the foregoing, except to the extent such loss or injury is directly caused by Landlord Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, 5 Landlord reserves the right to install supplementary air conditioning un e�;emises and the cost thereof, including the cost of installation, and the cost of operat on an`l '-_ maintenance thereof shall be paid by Tenant to Landlord upon demand by Landl;4 Tenant will not,without written consent of Landlord,use any apparatus or device in the Premises,including machines which require electricity in excess of that normally used by office machines such as photocopiers and personal computers,which will in anyway increase the amount of electricity usually furnished or supplied for the use of the Premises as office space;no connect with electric current except through existing electrical outlets in the Premises as agreed to in Tenant Improvements, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space,Tenant shall first procure the written consent of Landlord,which consent shall not be unreasonably withheld,to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the excess amount of water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord, for all such water and electric current consumed as shown by said meters, at the rate charged for such services by the local public utility furnishing the same,plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer 16. PERSONAL PROPERTY. Where fumished by or at the expense of Tenant, all movable property, furniture, furnishings and trade fixtures, other than those affixed to the Premises so that they cannot be removed without material damage, shall remain the property of and be removable by Tenant,and in case of damage by reason of such removal,Tenant shall restore the Premises, Building or common areas to good order and condition Tenant shall pay or cause to be paid before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Tenant's Tenant Improvements, equipment, f imiture, fixtures, and other personal property located in the Premises 17. ENTRY BY LANDLORD. At any and all reasonable times during regular business hours, upon one (1) days prior notice to Tenant, Landlord reserves and shall have the right to enter the Premises to inspect the same a reasonable number of times, to submit the Premises to prospective purchasers or tenants, to repair the Premises and any portion of the Building that Landlord may deem necessary or desirable, without abatement of Rent, and may for the purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of Tenant shall not be interfered with unreasonably Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business or any loss of occupancy or quiet enjoyment of the Premises, and any other loss 6 ( � occasioned thereby, if Landlord shall have taken every reasonable o avoid any such injury,inconvenience or interference Landlord shall have the ng{ b ti � injury, any and all means which Landlord may deed proper to open any doors or otherwise o>4jaitf access to the Premises in an emergency,without liability to Tenant except for any failure to exercise due care for Tenant's property, and any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be forcible or unlawful entry into a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof 18. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily or by operation of law assign, transfer, mortgage, pledge hypothecate, or encumber this Lease or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege appurtenant thereto or allow any person (the employees, agents,servants, and invitees of Tenant excepted) to occupy or use the Premises or any portion thereof, without the prior written consent of Landlord,which consent by Landlord shall not be unreasonably withheld Any such assignment or subletting without compliance with the terms of this paragraph shall be void and shall, at the option of Landlord, constitute a default under the terms of this Lease. If Tenant is a corporation, any transfer of this Lease from Tenant by merger, consolidation, or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Tenant shall constitute an assignment for purposes of this paragraph A consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease Landlord may assign the Rent herein provided to any person,partnership, corporation, or bank, and Tenant agrees when notified in writing by the assignee of such assignment to make the Rent payments to assignee under the terms of said assignment 19. HOLDING OVER If Tenant remains in possession of the Premises or any part thereof after the expiration of the term of this Lease without the express written consent of Landlord, such occupancy shall be a tenancy from month-to-month at a rental in the amount of 120% of the last Monthly Rent,plus all other charges and Additional Rent payable hereunder, and upon all the terms hereof applicable to a month-to-month tenancy 20. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant 20.1 Abandonment. Tenant vacates or abandons the Premises, 20.2 Failure to Pay Bent. Tenant fails to make any payment of Rent or any other payment required to be made by Tenant hereunder, as and when due, 7 O 20.3 Failure to Observe Other Covenants. Tenant falls to observe or l any of the covenants, conditions, or provisions of this Lease to be observed or pe ed by Tenant, other than described in subparagraph 19 1 above, where such(�ilure shall continue for a period of thirty(30) days after written notice thereof by Landlord to Tenant; provided, however,that if the nature of Tenant's default is such that more than thirty(30) days are reasonably required for such cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty(30) days and thereafter, diligently prosecutes such cure to completion; 20.4 Misrepresentation. Tenant makes or has made or furnishes or has furnished any warranty, representation or statement to Landlord in connection with this Lease, or any other agreement to which Tenant and Landlord are parties, which is or was false or misleading in any material respect when made or furnished; or 20.5 Failure to Take Possession. Tenant fails to take possession of the Premises when landlord delivers the same by notifying Tenant that the Premises are ready for occupancy 21. REMEDIES ON DEFAULT. In the event of any default or breach by Tenant, landlord may, at any time thereafter with or without notice or demand in the exercise of a right or remedy which Landlord may have be reason of such default or breach, terminate this Lease by written notice to Tenant, revoke Tenant's right to any free Rent, reenter and take possession of the Premises without termination of this Lease, or pursue any remedy allowed by law. Tenant agrees to pay Landlord the cost of recovering possession of the Premises, the expense of reletting, and any other costs or damages arising out of Tenant's default including, without limitation, the costs of removing persons and property from the Premises, the costs of repairing or altering the Premises for reletting, brokers' commissions, and legal expenses and fees Notwithstanding any termination, reentry, or reletting,the liability of Tenant for the Rent and Additional Rent for the balance of the term of this Lease shall not be extinguished and Tenant shall pay and Landlord may recover from Tenant at the time of termination, reentry, or reletting, the excess, if any, of the amount of the Rent reserved in this Lease for the balance of the term hereof over the then reasonable rental value of the Premises for the same period Reasonable rental value shall mean the amount of rental which Landlord does or could reasonably be expected to obtain as rent for the remaining balance of the Lease term In the event that Landlord relets the Premises or any part thereof without first terminating Tenant's right to possession pursuant to this Lease, Landlord reserves the right, at any time thereafter, to elect to terminate Tenant's right to possession to that portion of the Premises for the default that originally resulted in the reletting 21.1 Remedies Cumulative. The remedies hereinafter described shall be cumulative and Landlord shall be entitled to pursue any other remedy now or hereafter available to landlord under the law orludicial decisions of the State of Washington 8 .ter J 21.2 Removal of Personal Property. In the event of a retaking of poss�sst�n'ti the Premises by Landlord, Tenant shall remove all personal property located;!zeieon . and upon failure to do so upon demand of Landlord, Landlord may remove and store the same in any place selected by Landlord,including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty(30) days or more, Landlord may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Tenant to Landlord under the terms of this Lease, and the balance, if any, to Tenant Tenant hereby waives all claims for damages that may be caused by Landlord's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Tenant as herein provided and will save Landlord harmless from loss or damages occasioned by Landlord thereby, whether such lawful reentry shall be considered or construed to be a forcible entry 22. DAMAGE AND RECONSTRUCTION. Should the Premises be damaged during the term of this Lease, Tenant shall immediately notify Landlord and the rights and responsibilities of Landlord and Tenant shall be as follows 22.1 Insured Damage. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith commence repair of the same to the extent of insurance proceeds available and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Monthly Rent and Additional Rent from the date of such damage and while such repairs are being made until such repairs are substantially completed, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall unreasonably interfere with the business carried on by Tenant in the Premises If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent 22.2 Other Damage. In the event the Premises are damaged as the result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith commence repair of the same, provided the extent of the destruction is less than ten percent (10%) of the then full replacement cost of the Premises In the event the destruction of the Premises is to an extent of ten percent (10%) or more of the full replacement cost, then Landlord shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, but the Monthly Rent and Additional Rent shall be proportionately reduced as heremabove provided as of the date of such damage and while such repairs are being made until such repairs are substantially completed, or (b) to give notice to Tenant at any time within sixty(60) days after such damage, terminating this Lease as of the date specified by Landlord 9 22.3 Damage to Tenant's Property. Landlord shall not be require& e air any injury or damage by fire or other cause or to make any repairs or re ac8mehts of • any leasehold improvements, fixtures, or other personal property of Tenant;unless such damage shall have occurred as a result of the gross negligence of Landlord. 23. EMINENT DOMAIN. If the whole of the Premises (or the whole or part of the Building) shall be acquired or condemned by eminent domain for any public or quasi- public use, or if a part of the Premises is so taken so that the Premises are rendered unsuitable for the business of Tenant,then the term of this Lease shall terminate as of the date title or possession shall be transferred in such proceeding, whichever shall occur first In the event of a partial taking or condemnation which is not extensive enough to render the Premises unsuitable for the business of Tenant, then Landlord shall restore the Premises to a condition comparable to its condition immediately prior to such taking less the portion lost in the taking, and this Lease shall continue in full force and effect provided,however, that the Monthly Rent and Additional Rent shall abate in the same ratio that the portion of the Premises so taken bears to the whole of the Premises Landlord shall have the right to receive the compensation of damages awarded upon either such total or partial taking and Tenant shall have no claim thereto,provided that Tenant may independently pursue an award or compensation to Tenant for the taking of Tenant's personal property or fixtures or for the interruption of or damage to Tenant's business and for any other interest of Tenant. 24. TENANT SIGNS. No signage shall be installed on the Premises or Building by Tenant The Landlord shall install all signage within the Building and Premises at Landlord's expense,as a part of the completion of the Tenant Improvements. 25. SUBORDINATION AND MODIFICATION BY LENDER. Tenant agrees that this Lease shall be subordinate to any mortgage or deed of trust that may hereafter be placed upon the Premises or the Building and to any and all advances to be made thereunder, to the interest thereon, and all renewals, replacements, and extensions thereof, provided, the mortgagee or trustee named in such mortgage or deed of trust shall agree in writing to recognize the Lease of Tenant in the event of foreclosure, if Tenant is not in default. In the event any mortgagee or trustee elects to have the Lease a prior lien to its mortgage or deed of trust, then in such event, upon such mortgagee or trustee notifying Tenant to that effect, this Lease shall be deemed prior in lien to the said mortgage or deed of trust whether or not this Lease is dated prior to or subsequent to the date of said mortgage or trust deed Within fifteen(15) days of presentation, Tenant agrees to execute any documents which such mortgagee or trustee may require to effectuate the provisions of this paragraph Tenant further agrees that, if in connection with obtaining financing for the Land,Building, or Premises, a lender shall request modification of this Lease as a condition to such financing, Tenant shall not withhold, delay or defer its consent thereto, provided that such modifications do not increase the financial obligations of Tenant hereunder or materially adversely affect the leasehold interest hereby created 10 26. TENANT'S STATEMENT. Tenant shall at any time and from time to ~oq not less than three(3) days'prior written notice from Landlord execute, acknowle gel �ayit deliver to Landlord a statement in writing(a) certifying that this Lease is unmodified and in full force and effect(or,if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are, to Tenant's knowledge, no uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and(c) setting forth the Commencement Date and Termination Date of the term hereof Any such statement may be relied upon by any prospective purchaser or encumbrancer of the Land, Building, or Premises 27. GENERAL PROVISIONS. Landlord and Tenant agree to the following general provisions: 27.1 Waiver. The waiver by Landlord of any term, covenant, or condition herein contained shall not be deemed to be the waiver of such term, covenant, or condition upon any subsequent breach of the same or of any other term, covenant, or condition herein contained The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding default by Tenant of any tern, covenant, or condition of this Lease other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding default at the time of the acceptance of such Rent 27.2 Time. Time is of the essence of this Lease and each ad all of its provisions in which performance is a factor 27.3 Paragraph Headings. The paragraph headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof 27.4 Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto 27.5 Recordation. Neither Landlord nor Tenant shall record this Lease,but a short form memorandum hereof may be recorded at the request of Landlord 27.6 Quiet Possession. Upon Tenant paying the Rent reserved hereunder and performing all of the covenants, conditions, and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease The Premises are leased subject to any and all existing encumbrances, conditions, rights,covenants,easements, restrictions,rights-of-way, and any matters of record, applicable zoning and building laws, and such matters as may be disclosed by inspection or survey 11 27.7 Overdue Rent. Unpaid installments of the Monthly Rent, Addleiici all grit or other sums due hereunder shall, if not timely paid,be subject to a lat�cFiarge Fifty and No/100 Dollars ($50.00) to cover the excess costs of administration. Tenant hereby further agrees to pay any attorneys' fees and expenses incurred by Landlord by reason of Tenant's failure to pay Monthly Rent, Additional Rent, or other charges when due hereunder. Acceptance by Landlord of partial payment of Rent and/or interest thereon shall not constitute a waiver of any remaining unpaid Rent and/or interest 27.8 Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest This Lease shall not be effective or binding upon any party until fully executed by both parties hereto 27.9 Inability to Perform. The time period within which any party is to fulfill an obligation of such the party under this Lease shall be extended by such time period that any party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of such party 27.10 Partial Invalidity. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect 27.11 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall whenever possible be cumulative with all other remedies at law or in equity 27.12 Choice of Law. The laws of the State of Washington shall govern this Lease The parties agree that venue for any action hereunder shall properly lie in King County, Washington 12 27.13 Attorneys' Fees. In the event of any action or proceeding broU V ply against the other under this Lease, the prevailing party shall be entitled to Lever for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable attorneys' fees. In addition, should it become necessary for any party to employ legal counsel to enforce any of the provisions herein contained because of such other parry's breach of its obligations under this Lease, such party against whom enforcement is sought agrees to pay all attorneys' fees and court costs reasonably incurred For the purposes of this provision, the terms"action" or"proceeding" shall include arbitration, administrative,bankruptcy,and judicial proceedings including appeals therefrom 27.14 Real Estate Commission. Tenant warrants that no real estate broker or agent has been employed by Tenant or is entitled to receive any commission or fee with respect to this transaction other than the brokers or agents to whom Landlord has consented by written agreement Tenant and Landlord shall each indemnify and save harmless the other from the claims of any real estate brokers or agents with whom either party may have dealt with respect to this transaction, other than as so consented to by Landlord Insofar as Landlord shall have consented by written agreement to such brokers or agents, Landlord shall pay such commissions 27.15 Execution. This Lease maybe executed in several counterparts, each of which shall be deemed an original instrument 27.16 Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certified mail, return receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth To Landlord at. To Tenant at Kent Fire & Life Safety Symtron Systems Inc. 24611 166'h Ave SE P.O. Box 950 Kent,WA 98030 17-01 Pollitt Drive Fair Lawn,NJ 07410-0950 It is understood that each party may change the address to which notice may be sent by giving a written notice of such change to the other party hereto in the manner herein provided 13 r� 27.17 Tenant's Corporate Authority. Tenant is a corporation, and eabI executing this Lease on behalf of said corporation represents and wa i•a t' t�a' 11 or she is duly authorized to execute and deliver this Lease on behalf of said ' corporation,in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. Tenant further represents and warrants that it is fully registered and qualified to do business in the State of Washington. 27.18 Landlord's Authority. Landlord is a Washington municipal corporation, and each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the provisions of such agreement as governs said corporation, and that this Lease is binding upon said corporation in accordance with its terms. Landlord further represents and warrants that it is fully registered and qualified to do business in the State of Washington 27.19 Limited Partnership. It is understood and agreed that any claims by Tenant on Landlord shall be limited to the assets of the limited partnership 27.20 Measurement Standard. All measurements of area to be made under this Lease shall be completed pursuant to the standards promulgated by the Building Owners and Managers Association("BOMA"). 28. CONTINGENCIES. Landlord and Tenant's obligations hereunder shall be contingent upon and subject to the mutual satisfaction of the following matters, on or before the date set forth herein below: IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written TENANT LANDLORD By By Symtron Systems, Inc. Jim White,Mayor City of Kent STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of the City of Kent to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 14 M; y . Oltl dg W>tao4p --- • NIEJS AG uaaup - -_ 0,16 va w {/O9 •01NIMIA103 69/E/Z Trap ° r n z- YL _ I _ D _ I,�_ „ I - o-r �1»era-v, J _� ♦ /J NV-Id?JOO"1-J 1 1 j ri; f-3m 'QDC3V31 NOILMS ad=JEy Jl11 i�—- I/r I 6K-Z89/9oZ I io I ! IIH Ij ¢ I ; I\ oz a 99ZZ-VOL96 VM'eWDaS 1 �I ={ a I . I apnS anuaV Isay 9l9 ;ulwold V 9nlo81ly01d tio7 z�. I z I . I ST rr � l� • J.MV4N ,,.x In I 10 Jv • i,a a F�_ _ _� --_-_--_-- NnnOnS SV 16 j N"100d 83d Oil N7a0 01 6001.1 E71a3 n ti4 r'S'J o I RGeON003do I�ofo•d,,,,• ,r l 1 211Vd36 ` I LOOM� r°• . , -1'----- t c ?J3111dtN00 Sll.l N I rnpC) ��jjrr aAL ca -iaac J° ! ■ T J C-C ed-, S - J \ _{o I , II a > i r T III 19r H j T ` c J 39 vbU1S pr rl f f C • 1 ,� } III- laf Z, C00v - m � i j I JI riO3ly=aS dA 10,0 1S'I7h.3 / o JLLzlaf,/ , / O F,710 Of 'aJ - • ' ■=� �1A ,vc�` I'Iof>OIdu J000 T • , D Cd Loral I Id,- OL cvain am z • Z^ l vl YA N LOON/fA a1VL0 sole=_a 3x j i I r�a1s tivoon ozv lou>no-I , k b3 O2f lt9/ -3. Z 11 _ -1 5 -r L D r• , o-ri r-E m33 VJ ry i� _ dVOSUJvI r �I Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: KING COUNTY MEDICS LEASE AGREEMENTS RENEWAL— RENEWAL - AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Mayor to execute lease agreements between King County and the City of Kent for housing Medic Units at Fire Stations 76 (Valley Industrial Area) and 75 (Soos Creek Station). These agreements were entered into based upon the need to add paramedic units to the Valley area (Station 76) and to maintain the current medic unit at Station 75 (near Soos Creek). The agreements are identical to the previous agreements except the monthly lease fee was increased by CPI and the term of the agreements was extended (years 2003 through 2004) The attached agreements have received approval from the City Attorney's office. 3 EXHIBITS: Copy of inter-agency lease agreements • 4. RECOMMENDED BY: Fire Administration & Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds s DISCUSSION. ACTION: Council Agenda Item No. 6D . INTER-AGENCY LEASE AGREEMENT This LEASE AGREEMENT is entered into this 1st day of January, 2003 between THE CITY OF KENT as LESSOR, hereinafter referred to as "THE CITY" and KING COUNTY, a political subdivision of the State of Washington, as LESSEE, hereinafter referred to as "COUNTY". WITNESSETH WHEREAS, the CITY and the COUNTY both desire to enter into a certain Lease Agreement for the use of approximately 1367 square feet at 15635 S E 272°d Street., Kent, WA, hereinafter called the "FACILITY" for the stationing of a paramedic unit operated by the King County Emergency Medical Services Division WHEREAS, paramedic workloads and response times have increased on the East Hill and Maple Valley areas of South King County, and have exceeded the capability of the existing five paramedic units to maintain performance standards. WHEREAS, the King County Emergency Medical Services Master Plan recommended that a paramedic unit be added in the East Hill area to maintain current levels of paramedic service, and a location analysis has demonstrated that the fire station at the above address provides optimal paramedic response iWHEREAS, King County can provide additional paramedic personnel, paramedic vehicle, and equipment and supplies necessary to provide the additional paramedic services. WHEREAS, the City desires to utilize King County's Emergency Medical Services Programs NOW THEREFORE, the parties mutually agree as follows 1. DESCRIPTION OF LEASED PREMISES: I. Leased Space - 15635 SE 272nd Street., Kent, WA a Garage space of approximately 960 square feet for two (2) paramedic vehicles including floor drains and automatic garage door openers; b Sleeping space totaling 407 square feet consisting of two (2) 11' x 14'6" sleeping rooms with three (3) bed each. The sleeping quarters include eleven (11) built-in lockers (7 feet high x 2 feet wide x 23 inches deep) available for use by the COUNTY Each bed will be supplied with mattress, mattress pad, bed spread and two (2) blankets, i 1 1. DESCRIPTION OF LEASED PREMISES: I. Leased Space - 15635 SE 272nd Street, Kent, WA c 1367 total square feet - See Exhibit "A", attached hereto and made a part hereof. II. Space Shared By The CITY And The COUNTY a. Bathroom/shower facilities for both sexes shared with Kent Fire Department personnel; b Office space including a desk and chair, c Kitchen facilities, dining and day rooms shared with Kent Fire Department personnel; d. Exercise room and equipment shared with Kent Fire Department personnel, e. Facilities for fueling of paramedic vehicles. 2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY • I. Basic Services a Heating and Lighting - Heating, lighting and cooling will be provided by the CITY for the FACILITY and those services will be available on a 24 hour basis b. Standby Power - The FACILITY will have an emergency generator available to provide backup power to the building to any area in the building. C. Waste - The CITY will provide a waste receptacle and collection service for all waste, EXCEPT, that the COUNTY shall be responsible for disposal of all contaminated medical waste. d Storage Space - The CITY will provide storage space for limited storage of non "controlled" operation supplies. 2 • 2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY • I. Basic Services e Meeting Room — The CITY will provide a meeting room of 600 square feet at no cost, following established Fire Department system for room scheduling. 3. GENERAL SERVICES OR CONDITIONS PROVIDED BY KING COUNTY I. General Services a Paramedic Unit - The COUNTY will station a paramedic unit staffed with two (2) paramedics in the FACILITY. b. Security - The COUNTY agrees to maintain all pharmaceutical supplies, including controlled substances, under mutually agreed upon methods of security and accessible only by COUNTY personnel c Maintenance - The COUNTY agrees to require all COUNTY personnel assigned to the FACILITY to participate in the daily, weekly housekeeping duties and other periodic cleaning of the FACILITY (building and grounds) in cooperation with Kent Fire Department personnel. d Special Conditions - The COUNTY further agrees that any problems or issues that arise involving personnel or operations of the respective agencies will be handled as set forth in Exhibit B of this agreement, attached hereto and made a part hereof 4. RENT I. The COUNTY agrees to pay the CITY $744 75 per month, effective January 1, 2003, for space and other systems and services described in Item 1 above. The monthly rate will be adjusted annually based upon the increase in the Consumer Price Index for Seattle and shall become effective the first day of January for each subsequent year of this lease From the monthly rental, $215.08 each month will be placed in the City/Local 1747 Physical Fitness Program Fund. The remainder will be utilized in the operational or capital fund as the City deems appropriate • 3 5. TENANTIMPROVEMENTS I. The COUNTY agrees to pay all costs incurred in modifying the FACILITY to meet the COUNTY'S needs, including but not limited to alarm notification and lighting equipment, telephone and computer systems, security (locks) systems. a All such modifications shall be made by the CITY with the prior written approval of the King County Emergency Medical Services Division Manager and shall be consistent with the FACILITY'S standards as determined by the CITY. Signatures of both parties are required upon completion of the improvements to show that all improvements have been completed to the satisfaction of both parties. b. Payment for the identified modifications shall be in addition to monthly payments provided for herein. Any additional costs for changes to the original plan will require prior approval by the COUNTY. All payments shall be made within 30 days of receipt of an invoice by the COUNTY. c Any tenant improvements made subsequent to this agreement shall be made by or with the approval of the CITY with the prior written approval of the King County EMS Division Manager and shall be entered as an Exhibit to this agreement. d. The COUNTY agrees to reunburse the CITY for all direct and indirect costs incurred by the CITY for repair and replacement of CITY property which is lost, destroyed or damaged (normal wear and tear excepted) to the extend of such loss, destruction, or damage is caused by equipment or employees of the COUNTY e The COUNTY agrees that at the termination of this agreement to reimburse the CITY for the restoration of systems which where modified for the benefit of the Medics 4 6. TERM I. This Lease Agreement is for two (2) years beginning January 1, 2003 and expires December 31, 2004. This agreement may be terminated annually for lack of funding. II. Termination for Other Causes: a This Agreement is subject to termination upon Ninety (90) days written notice by the COUNTY should t. The CITY fail to comply with the terms and conditions express herein, ii. The CITY fails to provide work or services expressed herein b This Agreement is subject to termination upon ninety (90) days written notice by the CITY should: i. The COUNTY fail to comply with the terms and conditions of this agreement. 11. If, in the judgement of the City the relationship is no longer compatible with the organizational philosophy or values of the Fire Department, or the City determines that leasing space pursuant to this agreement does not serve the interest of the City III. Changes: a Either party may request changes in the services to be performed or provided hereunder Proposed changes which are mutually agreed upon shall be incorporated by written amendment to this agreement signed by both parties. 7. HOLD HARMLESS AND INDEMNIFICATION I. The COUNTY agrees to assume responsibility for all liabilities that occur or arise in any way out of occupancy of the rented space at the FACILITY, and to save and hold harmless the CITY, its employees and officials, harmless from all claims, causes of action, costs, expenses, loses and damages, including the cost of defense, incurred as a result of any negligent actions or omissions of the COUNTY, its agents, officers, or employees arising out of or relating to the performance of this agreement 5 7. HOLD HARMLESS AND INDEMNIFICATION II. The CITY agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this agreement by its agents, officers, or employees, and to save and hold harmless the COUNTY, its employees and officials, from all claims, causes of action, costs expenses, loses and damages, including the costs of defense, incurred as a result of any negligent acts or omissions of the CITY, its agents, officers, or employees arising out of or relating to the performance of this agreement. 8. INSURANCE I. The CITY understands that the COUNTY is self-insured. The County shall provide the CITY with proof of said insurance upon request. 9. NOTICES I. Official notice under this lease shall be given as follows: To City: City of Kent Fire Department 24611 116th Ave. S E. Kent WA 98030 To County. King County Real Property Division 500A Administration Building 500 Fourth Avenue Seattle WA 98104 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. LESSOR: CITY OF KENT LESSEE: KING COUNTY, WA FIRE DEPARTMENT EMERGENCY MEDICAL SERVICES BY: BY: TITLE: MAYOR TITLE: DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: BY: BY: City of Kent Attorney Deputy Prosecuting Attorney DATE: DATE: BY: Manager Property Services Division DATE: vrncnacaN — � F�^ . 3 �coOmm 3 VLRL_� -4(-•) - a m - - j�-- zmom C) Z O In C) ID O J n!n a v cn -1 a +y 1 0 CD.- S .1. m 3 "=y Oz cn > Oa J� =� ZDm 3 O a C)O rn V) m v. A = = 1++, CEO [n 3 m O - m LM MR r) 3 a a � m N c I rE s a m \\\\\\\` a Q\\\\\\ => `+ a y C I� x CIV T . (4i f0 D r}[ 7 e\\L - & '� ly N eI of JI.J 3 •J yS'1. Z(,a�c I I 1 1 1� N 1 � N ca N 9 dx i=7 � 1-•� i.1•dY O O S r CD O -C '• CD .�• "C . EXHIBIT B Special Conditions Interagency Cooperation a. The COUNTY agrees to designate one (1) paramedic on each duty shift who will coordinate the station activities and issues with the Station Officer, including but not limited to regular maintenance of the FACILITY by on-duty personnel b The COUNTY agrees that when issues, conflicts or problems arises, the Station Officer and the designated COUNTY employee shall attempt to resolve the matter at their level. If the matter is unable to be resolved at that level it shall be taken to the next level of the respective chains of command, up to and including the Fire Chief for the CITY and the Manager of the King County Emergency Medical Services Division for the COUNTY c The COUNTY recognizes the importance of the organizational philosophy and values of the CITY and agrees to cooperate with the CITY to support those values. The COUNTY further agrees to abide by Kent Fire Department Policies and Procedures as discussed and agreed to by the Fire Chief and Manager of the King County Emergency Medical Services Division Date Date Approved Approved Jim White, Mayor Manager King County EMS City of Kent 8 INTER-AGENCY LEASE AGREEMENT This LEASE AGREEMENT is entered into this 1st day of January, 2003 between THE CITY OF KENT as LESSOR, hereinafter referred to as "THE CITY" and KING COUNTY, a political subdivision of the State of Washington, as LESSEE, hereinafter referred to as "COUNTY" WITNESSETH WHEREAS, the CITY and the COUNTY both desire to enter into a certain Lease Agreement for the use of approximately 1280 square feet at 20676 72nd Ave So., Kent, WA, hereinafter called the "FACILITY" for the stationing of a paramedic unit operated by the King County Emergency Medical Services Division WHEREAS, paramedic workloads and response tunes have increased on the East Hill and Maple Valley areas of South King County, and have exceeded the capability of the existing five paramedic units to maintain performance standards WHEREAS, the King County Emergency Medical Services Master Plan recommended that a paramedic unit be added in the Valley area to maintain current levels of paramedic service, and a location analysis has demonstrated that the fire station at the above address provides quality paramedic response and allows for the further review of actual response patterns. • WHEREAS, King County can provide additional paramedic personnel, paramedic vehicle, and equipment and supplies necessary to provide the additional paramedic services WHEREAS, the City desires to utilize King County's Emergency Medical Services Programs. NOW THEREFORE, the parties mutually agree as follows 1. DESCRIPTION OF LEASED PREMISES: 1. Leased Space - 20676 72" Ave So., Kent, WA a Garage space of approximately 480 square feet for one (1) paramedic vehicles including floor drains and automatic garage door openers, additional outside vehicle storage with electrical supply for an additional Medic vehicle b Sleeping space totaling 800 square feet consisting of two (2) 11' x 14'6" sleeping rooms with one (1) bed each. The sleeping quarters include several built-in lockers available for use by the COUNTY 1 1. DESCRIPTION OF LEASED PRENUSES: I. Leased Space - 20676 72nd Ave So., Kent, WA • C. A total of 1280 square feet of interior space and two (2) exterior parking spaces for reserve Medic vehicles in addition to the parking spaces as needed for staff. II. Space Shared By The CITY And The COUNTY a. Bathroom/shower facilities for both sexes shared with Kent Fire Department personnel; b Office space including a desk and chair; C. Kitchen facilities, dining and day rooms shared with Kent Fire Department personnel; d. Exercise room and equipment shared with Kent Fire Department personnel; e. Facilities for fueling of paramedic vehicles. • 2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY I. Basic Services a Heating and Lighting - Heating, lighting and cooling will be provided by the CITY for the FACILITY and those services will be available on a 24 hour basis. b. Standby Power - The FACILITY will have an emergency generator available to provide backup power to the building to any area in the building C. Waste - The CITY will provide a waste receptacle and collection service for all waste, EXCEPT, that the COUNTY shall be responsible for disposal of all contaminated medical waste d Storage Space - The CITY will provide storage space for limited storage of non "controlled" operational supplies. 2 • 3. GENERAL SERVICES OR CONDITIONS PROVIDED BY IQNG COUNTY I. General Services a Paramedic Unit - The COUNTY will station a paramedic unit staffed with two (2) paramedics in the FACILITY b. Security - The COUNTY agrees to maintain all pharmaceutical supplies, including controlled substances, under mutually agreed upon methods of security and accessible only by COUNTY personnel c Maintenance - The COUNTY agrees to require all COUNTY personnel assigned to the FACILITY to participate in the daily, weekly housekeeping duties and other periodic cleaning of the FACILITY (building and grounds) in cooperation with Kent Fire Department personnel d. Special Conditions - The COUNTY further agrees that any problems or issues that arise involving personnel or operations of the respective agencies will be handled as set forth in Exhibit A of this agreement, attached hereto and made a part hereof. 4. RENT I. The COUNTY agrees to pay the CITY $744 75 per month, effective January 1, 2003, for space and other systems and services described in Item 1 above The monthly rate will be adjusted annually based upon the increase in the Consumer Price Index for Seattle and shall become effective the first day of January for each subsequent year of this lease From the monthly rental, $215 08 each month will be placed in the City/Local 1747 Physical Fitness Program Fund The remainder will be utilized in the operational or capital fund as the City deems appropriate 3 5. TENANTIMPROVEMENTS 1. The COUNTY agrees to pay all costs incurred in modifying the FACILITY to meet the COUNTY'S needs, including but not limited to alarm notification and lighting equipment, telephone and computer systems, security (locks) systems. a All such modifications shall be made by the CITY with the prior written approval of the King County Emergency Medical Services Division Manager and shall be consistent with the FACILITY'S standards as determined by the CITY. Signatures of both parties are required upon completion of the improvements to show that all improvements have been completed to the satisfaction of both parties b Payment for the identified modifications shall be in addition to monthly payments provided for herein. Any additional costs for changes to the original plan will require prior approval by the COUNTY All payments shall be made within 30 days of receipt of an invoice by the COUNTY. C. Any tenant improvements made subsequent to this agreement shall be made by or with the approval of the CITY with the prior written approval of the King County EMS Division Manager and shall be entered as an Exhibit to this agreement. d The COUNTY agrees to reimburse the CITY for all direct and indirect • costs incurred by the CITY for repair and replacement of CITY property which is lost, destroyed or damaged (normal wear and tear excepted) to the extend of such loss, destruction, or damage is caused by equipment or employees of the COUNTY e. The COUNTY agrees that at the termination of this agreement to restore the classroom, office space and entry areas to the high quality condition they were in originally. This will include removing tenant improvements, refinishing walls, ceilings, replacing carpet, restoring the alarm system, etc 4 6. TERM I. This Lease Agreement is for two (2) years beginning January 1, 2003 and expires December 31, 2004. This agreement may be terminated annually for lack of funding. II. Termination for Other Causes: a This Agreement is subject to termination upon Ninety (90) days written notice by the COUNTY should i. The CITY fail to comply with the terms and conditions express herein; ii. The CITY fails to provide work or services expressed herein b. This Agreement is subject to termination upon ninety (90) days written notice by the CITY should• i The COUNTY fail to comply with the terms and conditions of this agreement i ii. If, in the Judgement of the City the relationship is no longer compatible with the organizational philosophy or values of the Fire Department, or the City determines that leasing space pursuant to this agreement does not serve the interest of the City. III. Changes: a Either party may request changes in the services to be performed or provided hereunder Proposed changes which are mutually agreed upon shall be incorporated by written amendment to this agreement signed by both parties. 7. HOLD HARMLESS AND INDEMNIFICATION I. The COUNTY agrees to assume responsibility for all liabilities that occur or arise in any way out of occupancy of the rented space at the FACILITY, and to save and hold harmless the CITY, its employees and officials, harmless from all claims, causes of action, costs, expenses, loses and damages, including the cost of defense, incurred as a result of any negligent actions or omissions of the COUNTY, its agents, officers, or employees arising out of or relating to the performance of this agreement 5 7. HOLD HARMLESS AND INDEMNIFICATION II. The CITY agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this agreement by its agents, officers, or employees, and to save and hold harmless the COUNTY, its employees and officials, from all claims, causes of action, costs expenses, loses and damages, including the costs of defense, incurred as a result of any negligent acts or omissions of the CITY, its agents, officers, or employees arising out of or relating to the performance of this agreement. 8. INSURANCE I. The CITY understands that the COUNTY is self-insured. The County shall provide the CITY with proof of said insurance upon request 9. NOTICES I. Official notice under this lease shall be given as follows: To City- City of Kent Fire Department 24611 116th Ave. S E. Kent WA 98030 To County: King County Real Property Division 500A Administration Building 500 Fourth Avenue Seattle WA 98104 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. LESSOR: CITY OF KENT LESSEE: KING COUNTY FIRE DEPARTMENT EMERGENCY MEDICAL SERVICES BY: BY: TITLE: MAYOR TITLE: DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: BY: BY: City of Kent Attorney KING COUNTY, WASHINGTON DATE: DATE: BY: Manager Property Services Division DATE: EXIIIBIT A Special Conditions Interagency Cooperation a. The COUNTY agrees to designate one (1) paramedic on each duty shift who will coordinate the station activities and issues with the Station Officer, including but not limited to regular maintenance of the FACILITY by on-duty personnel b The COUNTY agrees that when issues, conflicts or problems arises, the Station Officer and the designated COUNTY employee shall attempt to resolve the matter at their level. If the matter is unable to be resolved at that level it shall be taken to the next level of the respective chains of command, up to and including the Fire Chief for the CITY and the Manager of the King County Emergency Medical Services Division for the COUNTY. C. The COUNTY recognizes the importance of the organizational philosophy and values of the CITY and agrees to cooperate with the CITY to support those values. The COUNTY further agrees to abide by Kent Fire Department Policies and Procedures as discussed and agreed to by the Fire Chief and Manager of the King County Emergency Medical Services Division Date: Date: Approved: Approved- Jun White, Mayor Manager King County EMS City of Kent 8 Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: SALE OF SURPLUS FIRE VEHICLE—AUTHORIZE 2. SUMMARY STATEMENT: Authorization to surplus the 1981 GMC/Manon Aid Car (Apparatus 752 —VIN#507894) and to advertise the vehicle in local papers for sale with an asking price of$1,500 or best offer. This vehicle is of no use to the Fire Department due to its age, high mileage, and the cost to maintain. Funds from the sale of this vehicle will be placed in the Apparatus Replacement Fund. 3. EXHIBITS: None 4 RECOMMENDED BY: Fire Administration & Public Safety Committee (3-0) (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. 6E Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1 SUBJECT: LOCAL LAW ENFORCEMENT BLOCK GRANT—AUTHORIZE 2. SUMMARY STATEMENT: Acceptance of FY2002 LLEB grant in the amount of $68,410 with City match of$7,601, interest account of$1,600 for a total of$77,611. The grant is for Computer Crime Investigative Equipment, Safety Education Officer/ Scooterville, Citizen Corps Program, Children's Crime Prevention TV Show, and Officer Training Equipment 3. EXHIBITS: Grant award and memo of 10/10/02 4. RECOMMENDED BY: Police Chief Crawford & Public Safety Committee (3-0) ! (Committee, Staff, Examiner, Commission,etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $7,601 SOURCE OF FUNDS $68A10 LLEB Grant, $7,601 City Match share, & $1,600 Interest account 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION- Council Agenda Item No. 6F PoliceKent Department KENT W/.yx,M6i0Y Memo TO: Public Safety Committee C From: Mary Ann Kem,Admin Services Support Manager via Chiewford CC: Loma Rufener, Division Commander Date: 10110/02 Re: Accept Grant Funding and authorize Budget The Police Department requests Council acceptance of the two year Local Law Enforcement Block Grant for $68,410 This grant has a city match share of $7,601 and an estimated interest bearing budget of approximately$1,600 An interest bearing account is mandated by the Grantor as the funds are received up front This grant application was presented for approval at the Public Safety Meeting on 7/9/02 and council on 7/16/02 The grant has been approved by the Bureau of Justice and the funding has been received The grant will fund investigative forensic software, a framing production/editing project, patrol briefing room framing equipment,volunteer program items,and Crime Prevention Channel 21 Children's Show Total budget to be approved LLEBG Grant Funds $68,410 City Share Funds $ 7,601 Interest Account $ 1,600 Total $77,611 Thank you IIPAIUSRIPOLICEADMINIMKERNIWord DocumentslPublic Safety Memo N00099 LLEBG doc 0 Page 1 M Kern 11 U.S.Department of Justice i Office of Justice Programs Bureau ojJustice Assistance Office of the Director Washington,D.0 20531 July 25,2002 Mr White Mayor,Kent City 220-4th Avenue South Kent,WA 98032-5895 RE Fiscal Year 2002 Local Law Enforcement Block Grants Program Dear Mr White I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's(BJA)Fiscal Year 2002 Local Law Enforcement Block Grants(LLEBG) Program in the amount of$68,410 for Kent City The purpose of the LLEBG Program is to reduce crime and improve public safety This Block Grant Award may be used for any of the purpose areas described in the statute Enclosed you will find the Grant Award and Special Conditions documents If you have any programmatic questions regarding this award,please contact BJA's State and Local Assistance Division at(202)514-6638 In addition,all financial questions regarding this award should be directed to the Office of the Comptroller,Customer Service Division at(800)458-0786 I look forward to a continuing partnership with Kent City in furtherance of this important cnmmal Justice program Sincerely yours, Richard Nedelkoff Director Attachments U.S.Department of Justice g g Office of Justice Programs Office for Civil Rights Washington,D C. 20531 July 25,2002 Mr White Mayor,Kent City 220-4th Avenue South Kent,WA 98032-5895 Dear Grant Recipient • Congratulations on your recent award Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws,this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance(see 28 C F R sec 42 204,Applicants'Obligations) As Director of the Office for Civil Rights(OCR), Office of Justice Programs,I would like to offer you my assistance in completing the conditions of these Assurances,specifically Nos 13, 14,and 15,as the grant goes forward As you know,equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law Therefore,if there has been a federal or state court or administrative agency finding of discrimination against your agency,please forward a copy of such order or consent decree,as required by Assurance No 14,to OCR at the U S Department of Justice,Office of Justice Programs,Office for Civil Rights,810 Seventh Street,N W,Room 8136,Washington, D C 20531 • Additional Instructions For Grantees Receiving$500,000 Or More: 1 In accordance with Assurance No 15,each grantee that receives$500,000 or more(or $1,000,000 in an 18-month period),and has 50 or more employees,must submit an Equal Employment Opportunity Plan(EEOP)within 60 days from the date of this letter to OCR at the above address i 2 Alternatively,the grantee may choose to complete an EEOP Short Form,in lieu of sending its own comprehensive EEOP,and return it to OCR within 60 days of the date of this letter This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval The enclosed Seven-Step Guide to the Design and Development of an EEOP(which includes an EEOP Short Form)will assist you in completing this requirement Please be reminded that the above requirements apply to primary grantees and to each 3 of their subgrantees or contractors that meet the criteria outlined in this letter Therefore,all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of their award NOTE If agency has under 50 employees,regardless of amount of award,no EEOP is required,however,grantee must return applicable portion of Certification Form to OCR within 60 days PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD,RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS Additional Instructions For Grantees Receiving$25,000 Or More,But Under S500,000: 4 Pursuant to Department of Justice regulations,each grantee that receives$25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan(EEOP)on file for review by OCR upon request (However,if the grantee is awarded$1,000,000 man eighteen(18)month period, rt must submit an acceptable ESOP to OCR) Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter NOTE If agency has under 50 employees,regardless of amount of award,no EEOP is required,however,grantee must return applicable portion of Certification Form to OCR within 60 days. If you have already submitted an EEOP as part of another award from the Office of Justice Programs(01P)or the Office of Community Oriented Pohang Semces(COPS)within this grant period,or if you have certified that no EEOP is required,it is not necessary for you to submit another at this time Simply send a copy of the letter you received from OCR showing that your EEOP in cemfication is acceptable Additional Instructions For Grantees Receiving Under$25,000: 5, A recipient of under$25,000 is not required to maintain or submit an Equal Employment Opportunity Plan(EEOP)in accordance with Assurance No 15 No Certification is required Instructions far All Grantees: 6 In addition,all recipients,regardless of their type,the monetary amount awarded, or the number of employees in their workforce,are subject to the prohibitions against discrimination in any funded program or activity Therefore,OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OJP funding,and may require all recipients,through selected compliance reviews,to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements t If you have any questions,please call OCR at(202)307-0690 Additional information and technical assistance on the civil rights obligations of grantees can be found at http//www ojp usdoj gov/ocr/ Sincerely, Michael L Alston Acting Director,Office for Civil Rights cc Grant Manager Financial Analyst 2 The employment practices of certain Indian Tribes arc not covered by Title VII of the Crvd Rights Act of 1964,42 U S C sec 2000e • san US DEPARTMENT OF JUSTICE AWARD OFFICE OF JUSTICE PROGRAMS 1, V c' ON BJA OJJDP GRANT PAGE OF 7 HIS NU OVC COOPERATIVEAGREEMENT YD^� ,1 / 1•/ J CHECK APPROPRIATE BOX ICiIJ� I GRANTEE NAME AND ADDRESS(Including Zip Code) 4AWARD NUMBER 2002-LB-BX-2789 O\` Kent Crry 220-4th Amm South Kent,WA 98032-3995 5 PROJECTPERIOD FROM 10,012001 TO 09,3012003 BUDGET PERIOD FROM IOWDI/2001 TO 091302003 IA GRANTEE IRSNENDOR NO 916001265 6AWARDDATE 07252002 7ACTION 2 SUBGRANTEE NAME AND ADDRESS(Including Zip Code) 8 SUPPLEMENT NUMBER Nmal J Supplemenol 2A SUBGRANTEE IRSNENDOR NO 9 PREVIOUS AWARD AMOUNT 5000 3 PROJECT TITLE 10 AMOUNT OF THIS AWARD 568,410 FY 2002 Local Lew Enfmcemem Week Giants 11 TOTAL AWARD 568,410 12 SPECIAL CONDITIONS(Chak,ifapphcable) THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITION S OR LIMITA TIONS AS ARE SET FORTH EJ ON THEATTACHED 6 PAGES 13 STATUTORY AUTHORITY FOR GRANT TITLE l OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1960 U 42 U S C 3701,ET SEQ,AS AMENDED DTITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 U S C 5601,ET SEQ AS AMENDED VICTIMS OF CRIME ACT OF 1984,42 U S C 1060I,ET SEQ. PUBLIC LAW 98473,AS AMENDED OTHER(Specify), Friel Yw2002,Depacceente ofCommem,Jueuce,and State,the ludinnry and Rela.d Agenci a Appmpnemne Act(Pub L No 107-77) 14 FUTURE FISCAL YEAR(S)SUPPORT SECOND YEAR'S BUDGET PERIOD N/A AMOUNT OF FUNDS N/A TYPE OF FUNDS THIRD YEAR'S BUDGET PERIOD WA AMOUNT OF FUNDS N/A TYPE OF FUNDS 15 METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT CI YES —X7 NO AGENCY APPROVAL GRANTEE ACCEPTANCE — 16 TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL 18 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Picketed NedelkofT Jim White Driecmc Mayor Bum.aflusha Assiatatee 17 SIGNATURE OF APPROVING OJP OFFICIAL 19 SIGNATURE OF AUTHORIZED GRANTEE 19A DATE F AGENCY USE ONLY 20 ACCOUNTING CLASSIFICATION CODES 21 LIBM14 FISCAL FUND BUD DIV — — — — — — — 1102U027B9 YEAR CODE ACT OFC REG SUB POMS x B u 80 00 00 OJP FORM 40002(REV 587)PREVIOUS EDITIONS ARE OBSOLETE • US DEPARTMENT OF JUSTICE AWARD CONTINUATION w OFFICE OF JUSTICE PROGRAMS SHEET El Off F�] BJA OJJDP 111 GRANT PAGE 2 OF 7 El INS NU F-1 OVC a COOPERATIVE AGREEMENT ��ence CHECK APPROPRIATE BOX PROTECT NUMBtR 2002-LB-BX-2789 AWARD DATE 0725/2002 SPECIAL CONDITIONS I The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OJP)Financial Guide 2 The recipient agrees to comply With the organizational audit requirements of OMB Circular,A-133,Audits of States, Local Governments and Non-Profit Organizations,as further described in OJP's Financial Guide,Chapter 19 3 The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(If Tecipurn Is required to submit one pursuant to 28 CFR 42 302),that is approved by the Office of Civil Rights,is a violation of its Certified Assurances and may result in Suspension or termination of funding,until such time as the recipient is in compliance 4 The recipient agrees that federal funds under tlus award will be used to supplement but not supplant state or local funds,pursuant to section 101(g)of H R.728,104th Cong (1995) 5 The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty(20) days prior to public release Any publications(written,visual,or sound),whether published at the recipient's or government's expense,shall contain the following statement (NOTE This excludes press releases,newsletters,and { issue analysis) .This project was supported by Grant No 2002-LB-BX-2789 awarded by the Bureau of Justice Assistance,Office of Justice Programs,U S Department of Justice Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U S Department of Justice" 6 The recipient agrees to provide information required for any national evaluation conducted by the U S Department of Justice 7 The recipient agrees,if the funds are used for the hinng and employing of new,additional law enforcement officers and/or support personnel,as described in the applicable purpose area of Subpart A section 101(a)(2)of H R 728, 104th Cong (1995),that the recipient unit of local government will achieve a net gam in the number of law enforcement officers who perform non-adnumstrative public safety service If the funds are used for the hiring and employing of new,additional law enforcement officers and/or support personnel,the unit of local government Will establish procedures to give members of the Armed Forces who,on or after October 1,1990,were or are selected for involuntary separation(as described in section t 141 of Title 10,United States Code),approved for separation under Section 1174a or 1175 of such title,or retired pursuant to the authority provided under section 4403 of the Defense Conversion,Reinvestment,and Transition Assistance Act of 1992(division D of Public Law 102484, 10 U S C 1923 note),a suitable preference in the employment of persons as additional law enforcement officers or support personnel I OJP FORM 400M(REV 187)PREVIOUS EDITIONS ARE OBSOLETE US DEPARTMENT OF JUSTICE AWARD CONTINUATION T OFFICE OF JUSTICE PROGRAMS SHEET OJP EXj BJA O OJJDP O GRANT PAGE 3 OF 7 -�, F7 BJS F ND F OVC COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROJECT NUMBER 2002 LB-BX-2789 AWARD DATE 07125nW2 SPECIAL CONDITIONS CONTINUED 8 The recipient agrees this award document constitutes the obligation of federal funds for use by the recipient in execution of the program or project covered by the award Such obligation maybe terminated without further cause if the recipient fails to affirm Its timely utilization of the award by accepting the award and special conditions wrthm 45 calendar days from the date of award 9 The recipient agrees to submit the Request for Drawdown via the Internet system mtbm 90 calendar days from the date of award,or to have all funds deobligated for redistribution during the next funding cycle 10 Local recipients agree to one 24 month obligation and expenditure period,as established at the approval of the Request for Drawdown All funds must be expended by the end of this 24 month period with no exceptions I 1 Local recipients are required to establish a trust fund account This fund may not be used to pay debts incurred by other activrnes beyond the scope of the Local Law Enforcement Block Grants Program The recipient also agrees to obligate and expend the grant funds in the trust fund(including any interest earned)during the 24 month penod Grant funds(including any interest earned)not expended by the end of the 24 month period must be returned to the Bureau of Justice Assistance(BJA)by the end of the 27th month,along with the final submission of the Financial Status Report(SF-269A) I2 The recipient agrees to submit one final progress report via the Internet system at the end of the 24 month obligation and expenditure period. The recipient agrees,if funds are used by the recipient or subrecipient for enhancing security,that the recipient or subrecipient-- (a)has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph(B)of section 1 Ol(a)(2),on the incidence of crime in the geographic area where the enhancement is undertaken, (b)will conduct such an assessment with respect to each such enhancement,and, (c)will submit to the Bureau of Justice Assistance(BJA)an annual assessment report via the Internet system DIP FORM 400012(REV 587)PREVIOUS EDITIONS ARE OBSOLETE US DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF)USTICE PROGRAMS SHEET 4 g OJP [1] B1A OJJDP GRAM PAGE 4 OF 7 BIS ❑ NU OVC COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROJECTNUMBER 2002 LE-BX-2789 AWARD DATE 070rlo(12 SPECIAL CONDITIONS CONTINUED 14 The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Systems 15 The recipient agrees to assist BJA In complying with the National Environmental Policy Act(NEPA)and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the recipient or by a subreciptent Accordingly,prior to obligating grant funds,the recipient agrees to first determine If any of the following activities will be related to the use of the grant funds The recipient understands that this special condition applies to its following new activities,whether or not they are being specifically funded with these grant funds That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party,and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met The wtvtttes covered by this special condition are 1 New construction, 2 Minor renovation or remodeling of a property either(a)listed on or eligible for listing on the National Register of Historic Places or(b)located within a 100-year Flood plain, 3 A renovation,lease,or any proposed use of a budding or facility that will either(a)result In a change in its basic pnor use or(b)significantly change its size,and, 4 Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or educational environments Application of This Special Condition to Reciptent's Existing Programs or Actrvues For any of the recipient's or its subreciprent's extsting programs or activities that will be funded with these giant funds,the recipient,upon specific request from BJA,agrees to cooperate with BJA In any preparation by BJA of a national or program environmental assessment of that funded program or activity 16 The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period This is to facilitate communication among local and state governmental entities regarding venous Information technology projects being conducted with these grant funds In addition,the recipient agrees to maintain an administrative file documenting the meeting of this requirement For a list of State Information Technology Points of Contact,go to http flww cjp usdoj govlec/states htm 17 The recipient agrees to provide and expend a 10 percent cash match(calculated as 1/9 of the federal award amount) before the end of the 24 month obligation and expenditure period The recipient is reminded that the matching funds are auditable under Special Condition 42 and will be binding to the recipient 1111 FORM 400111(REV SB7)PREVIOUS EDITIONS ARE OBSOLETE US DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET OJP 7 BJA OJJDP O GRANT PAGE S OF 7 BJS NU 7 OVC 17 COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROJECT NUMBER 2002-LB-BX-2789 AWARD DATE 07M2002 SPECIAL CONDITIONS CONTINUED 18 The recipient agrees that prior to the obligation or expenditure of any LLEBG funds,at least one(1)public hearing will be held regarding the proposed use(s)of the grant funds The recipient must also provide verification to BJA,via the Internet system,of the public hearing At the hearing,persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s)of the grant funds The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient 19 The recipient agrees that prior to the obligation or expenditure of any LLEBG funds,a previously designated or newly established advisory board will meet to discuss the proposed use(s)of the grant funds The recipient will designate the advisory board to make nonbinding recommendations on the use(s)of funds under the LLEBG Program Membership i on the advisory board must include a representative from the following,though it may be broader a)the local police department or sheriffs department, b)the local prosecutor's office, c)the local court system, d)the local school system,and, e)a local nonprofit,educational,religious,or community group active in crime prevention or drug use prevention or treatment The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient 20 The recipient has certified it is in compliance with the Public Safety Officers'Health Benefits Provision of the Fiscal Year 2002,Departments of Commerce,Justice,and State,the Judiciary,and Related Agencies Appropriations Act (Pub L No 107-77)and agrees to remain in compliance during the life of the grant This provision requires that the unit of local government which employs a public safety officer(as defined by section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended)to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustamed in the line of duty while responding to an emergency situation or hot pursuit(as such terms are defined by State law)with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction if the recipient demonstrates noncompliance during the life of the grant,10 percent of the award amount must be returned to BJA 21 The recipient agrees that funds provided under this award may not be used to operate a"pay-to-stay"program in any local jail The recipient further agrees not to subaward funds to local jails which operate"pay-to-stay"programs 00 FORM i0002(REV 597)PREVIOUS EDITIONS ARE OBSOLETE US DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET ON [j] WA COUP GRANT PAGE 6 OF 7 c 4, ❑ HIS ❑ NU ❑ OVC ❑ COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROJECT NUMBER Wo-LB-BX-2789 AWARD DATE 07a5nW2 SPECIAL CONDITIONS CONTINUED 22 Mitigation of Health,Safety,and Environmental Risks a General Requirement The grantee agrees to comply with Federal, State,and local environmental, health, and safety laws and regulations applicable to the investigation and closure of clandestine meths mphetamme laboratories and the removal and the disposal of the chemicals,equipment,and wastes used in or resulting from the operations of these laboratories b Specific Requirements The grantee understands and agrees that any program or initiative involving either the identification,seizure,or closure of clandestine methamphetamine laboratories,hereafter referred to w the"Program", can result in adverse health,safety,and environmental impacts to(1)the law enforcement and other governmental personnel involved,(2)any residents,occupants, users,and neighbors of the site of a seized clandestine laboratory,(3)the seized laboratory site's immediate and surrounding environment,and(4)the Immediate and surrounding environment of the site(s)where any remaining chemicals, equipment,and wastes from a seized laboratory's operations are placed or come to rest STherefore,the grantee further agrees that in order to avoid or mitigate the possible adverse health,safety, and environmental Impacts of its Program,H will(1)include the nine,below listed protective measures or components within its Pmgmm,(2)provide for their adequate funding to include funding,as necessary, beyond that provided by this grant agreement,and(3)implement these protective measures throughout the life of this grant agreement In so doing,the grantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies,contractors,or other qualified third parties 1 Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamnie laboratories, 2 Provide Occupational Safety and Health Administration(OSHA)required initial and refresher training for law enforcement officials and other personnel assigned by the grantee to either the seizure or the closure of clandestine methamphetamme laboratories, 3 As determined by their specific duties,equip personnel assigned to the Program with OSHA required protective wear and other required safety equipment, 4 Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory, OJP FORM 0000/2(REV 587)PREVIOUS EDITIONS ARE OBSOLETE rM US DEPARTMENTOFJUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET e OIP F,] BJA ❑ OJJDP ❑x GRANT PAGE 7 OF 7 ❑ Bus 11 Nu El Ovc COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROJECT NUMBER 2002-LB-BX-2759 AWARD DATE 0712 5 20 0 2 SPECIAL CONDITIONS CONTINUED 5 Employ qualified disposal contractors to remove all chemicals and associated glassware,equipment,and contaminated materials and wastes from the site(s) of each seized clandestine laboratory, 6 Dispose of the chemicals,equipment,and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or,when allowable,properly licensed recycling facilities, 7 Monitor the transport,disposal,and recycling components of subparagraphs numbered S and 6 immediately above in order to ensure proper compliance, 8 Have in place and implement an inter-agency agreement or other form of commitment with a responsible state environmental agency that provides for that agency's(I)timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and(u)coordmation with the responsible party,property owner,or others to ensure that any residual contamination is remediated,if necessary,and in accordance with existing state and federal requirements,and 9 include among the personnel involved in seizing clandestine methamphetamme laboaatones,or have immediate access to,qualified personnel who can respond to the potential health needs of any of the offender(s)'children or other children present or Irving at the seized laboratory site Response actions should include, at a minimum and as necessary,taking children into protective custody,immediately testing them for methamphetamine toxicity,and arranging for any necessary follow-up medical tests,examinanons,or health care c Additional Requirements As part of the Request for Drawdown process,the Grantee shall submit a brief description of its project sufficient for the Office of Justice Programs(ON)to determine whether any additional compliance with federal environmental statutes and regulations needs to occur prior to the issuance of LLEBG funds Furthermore,once LLEBG funds we issued,the Grantee shall notify OR if the project changes significantly from the description in the Request for Dmwdown,or if significant new information is revealed during the course of the expenditure of LLEBG funds so that OJP can determine whether any additional environmental analyses need to be completed OIP FORM 400012(REV 587)PREVIOUS EDITIONS ARE OBSOLETE i 5 S "�M e $;a c G N a P •all :s M 8 � 8 a � 8 � � 8 C g• S Y . . C « « » « « « C • . . Y �3 It ¢ gg Y C a 3 w x X w i7r x id "WEI §. z 9 i cS 6 N m »ss§N d' 0�3 3 ^ H ^� 3 . . . |■ £ | � � ■ ; � | | | ! | ! | � ! � � � | | | � � � | . | . , | | ! ! I ` )) \/ §} . i! . . . . . . . !"•; )� ( ) \�| • . �E!|| `a| - - ! . . . . . � ... ` } \ } } } \ \ \ \ \ `a4 }§ , § i \ i § i § ; � '�<• Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: FREIGHT ACTION STRATEGY (FAST) MEMORANDUM OF UNDERSTANDING—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the Memorandum of Understanding among the principal parties of the FAST Corridor. The agreement is non-binding, however it establishes participation goals for the Federal, State, Port, Railroads and city share of project costs. 3 EXHIBITS: Public Works Director memorandum and memorandum of understanding 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION: Council Agenda Item No. 6G PUBLIC WORKS DEPARTMENT Don E Wickstrom, P.E , Public Works Director 10 Phone 253-856-5500 KENT Fax 253-856-6500 was«ixc*a« Address 220 Fourth Avenue S Kent,WA 98032-5895 Date. November 4, 2002 To. Public rks Committee From Don is Strom, Public Works Director Regarding Memorandum of Understanding FAST Corridor Attached is a Memorandum of Understanding(MOU) among the principal parties of the FAST (Freight Action Strategy) Comdor The FAST corridor extends from Everett to Tacoma along the major railways The Kent valley is near the heart of this corridor. FAST is a partnership of WSDOT, the cities, three counties, the ports, and the two railroads in this region that collectively lobby for and distribute Section 1118 federal funds for projects that are prioritized by the FAST group to enhance freight mobility in the region. The 277th Street Auburn project and S 180th Street Tukwila project are both FAST funded projects Candidate FAST projects in Kent are the Willis Street railroad grade separation and the South 228th Street railroad grade separation Both of these projects scored high out of all of the projects submitted by the member agencies Assuming that the FAST federal lobbying effort remains successful in the next years, these 2 projects could receive approximately$17 million of federal funds in the next several years. To be eligible we have to be a FAST member, which is the reason for the MOU. Although the agreement is non-binding, it does establish participation goals for the Federal, State, Port, Railroads and city share of the project costs The exact percentage each sponsoring agency would participate with would vary on a project by project basis All of the above entities participated in the Auburn 277th Street and Tukwila 180th Street projects for example We are requesting Council authorization for the Mayor to sign this MOU MOTION Recommend Council authorization for the Mayor to sign the Memorandum of Understanding subject to the City Attorney and the Public Works Director concurring with the language therein Memorandum of Understanding Among the principal parties of the FAST Corridor This Memorandum of Understanding (MOU) is entered into among the signatory parties as an effort to articulate a set of mutually agreed upon steps to enhance freight mobility throughout the central Puget Sound Region—from the area of Everett in the north to the area of Tacoma in the south, and eastward towards the SR 2 and 1-90 mountain passes—the FAST Corridor. This MOU updates the 1998 MOU regarding the Phase I project package and communicates how the FAST Corridor Phase I and Phase II partnership is envisioned by its cooperating member agencies, to assist each agency to plan towards meeting its share of the Phase II costs and responsibilities. In that spirit and context, it is agreed among the parties as follows: • Premises: 1 The name "FAST Corridor" refers to a series of related but independent projects and actions which incrementally and when completed systematically improve freight movement and mitigate the impacts of increasingly intensive use of the freight transportation corridors in the Everett— Seattle — Tacoma region. a) FAST Phase I refers to the fifteen projects selected in the first prioritization process (1998) of the FAST Corridor These are delineated in Attachment A. b) FAST Phase II refers to the ten projects selected in the Spring 2002 prioritization process of the FAST Corridor. These are delineated in -- 1 — FAST Comdor 2002 MOU Attachment B An additional seven projects were identified as probable candidates for future inclusion within the FAST Corridor (Attachment C) 2. The fast, efficient and reliable movement of freight is vital to the economic health and well-being of the Puget Sound Region, the State of Washington and the nation as a whole. 3 International trade in, out and through the Puget Sound ports, as well as general freight into, out of and within the Puget Sound Region, is experiencing increasing congestion due to more intensive use of transportation corridors, the general growth of freight, and growth in other vehicular traffic of the region 4. Representatives of the Washington State Department of Transportation, the Puget Sound Regional Council, the ports of Seattle, Tacoma and Everett, King County, Pierce County and Snohomish County, The Burlington Northern and Santa Fe Railway Company, the Union Pacific Railroad Company, the Washington Trucking Association, and the cities of Tacoma, Puyallup, Sumner, Fife, Pacific, Algona, Auburn, Kent, Renton, Tukwila, Seattle, and Everett, all located along the Everett-Seattle-Tacoma corridor, have met, discussed, analyzed, reached consensus, and recommended the projects shown in Attachments A and B as an "immediate priority" program of projects that together form the first and second phases of an integrated freight mobility corridor strategy. 5 This integrated freight mobility corridor strategy is consistent with the Puget Sound Regional Council's Metropolitan Transportation Plan (Destination 2030) 6 Ongoing processes to assess statewide freight priority needs have consistently identified the FAST Corridor program as having high priority and statewide impact. 7. Members of the U. S congressional delegation from Washington State are on record in support of federal funding participation in the FAST Corridor program -- 2— FAST Comdor 2002 MOU 8. Project delivery is a critical aspect of the FAST Corridor Partnership. Many of the FAST Phase I projects are underway, with two projects complete, and another seven to be completed by the end of 2003 FAST is committed to maintaining its record of project delivery with the remainder of the Phase I projects, as well as with the Phase II program recently selected. 9. Implementation of the FAST Corridor will be enhanced if each party can safely anticipate that the other parties will be committed to a pre-agreed share of the cost in order to fully fund the immediate priority program shown in Attachments A and B. The FAST Partners believe that tying costs and benefits to financial participation in the program is a critical element to FAST's ongoing success. 10. All funding partners will need assurance that their expected participation in FAST Phase 11 projects will be tied to the total program costs agreed to and shown in Attachment B and will not be expected to grow as individual project cost estimates are refined during the project development process . --3— FAST Comdor 2002 MOU Understandings: 1 The FAST Corridor projects listed in Attachments A and B will improve access to port areas and resolve modal conflicts at railroad grade crossings and will complement investment by the railroads, Sound Transit and the State to improve the overall capacity and reliability of the mainline rail corridor for both freight and passenger operations The FAST program of improvements will also enhance the capacity and reliability of the highway freight transportation corridors in the region, 2 The FAST Phase I projects (Attachment A) are deemed to be the highest priority of the FAST Corridor projects The Projects shown in Attachment B, ten additional projects selected in April 2002 for implementation over the next three years, constitute 'FAST Phase II ' These are immediate priority projects, but subordinate to the Phase I projects All prioritized projects are to be considered collectively as a single "corridor' program 3 For the FAST Phase II program, the partners endorse the following funding participation goals: a) Federal funding through TEA 21, section 1118 (and its successor(s)) grants should provide 35 percent of the program costs Additional federal funding (e g , STP grants) will be targeted to provide another five percent of program costs b) State funding, including WSDOT, FMSIB, and TIB contributions, should provide 40 percent of program costs It is recognized that the trucking community contributes to this share through the fees and fuel taxes they pay into the system c) The Ports of Seattle and Tacoma will collectively be responsible for seven percent of program costs -- 4— FAST Comdor 2002 MOU d) The Union Pacific and Burlington Northern Santa Fe Railroad Corporations will be collectively responsible for project shares equivalent to three percent of program costs. This contribution could include redirected federal allocations of rail diesel taxes if TEA 21 reauthorization authorizes such allocations. e) Agencies responsible for implementation of individual projects are expected to finance a minimum of 10% of the cost of the individual projects they will implement, using their own funds or other funding sources not otherwise noted in this MOU, and including funds previously expended to develop each project in advance of full program funding f) Where appropriate, additional funding will be sought from other agencies and organizations receiving significant benefit from specific FAST projects 4 Each individual protect shown in Attachment B is the implementing agency's responsibility to design, permit, and construct as a normal matter of course in capital project development, and implementation of any individual FAST Corridor project will be dependent upon funding authorization by the party or parties responsible for that project 5. The existing FAST Corridor Agency Staff Team (FAST CAST) will continue to meet in order to monitor and promote both the immediate priority program shown in Attachments A and B, and other identified FAST Corridor priorities, and to facilitate communications and agreements needed to implement these understandings. a) Funding for the ongoing management of the FAST Corridor by the WSDOT will be drawn from awarded TEA21 Section 1118/1119 (or its successors) funds in an amount to be set annually by the FAST Partners, but which will not exceed five percent of the awarded funds in any given — 5— FAST Comdor 2002 MOU year. These funds will be transferred to a WSDOT account specific to FAST management and expenditures at the time of obligation. 6. All parties agree to maintain this MOU until September 30, 2005, or until it is superseded by a subsequent MOU or agreement 7 This MOU does not create any legally enforceable rights or obligations on the part of any of the signatory agencies Signed by. Washington State Department of Transportation (co-sponsor) King County Pierce County Snohomish County Port of Seattle Port of Tacoma Port of Everett City of Seattle City of Tacoma City of Everett City of Auburn City of Kent City of Tukwila City of Puyallup City of Sumner City of Renton City of Pacific City of Algona City of Fife The Burlington Northern & Santa Fe Railway Union Pacific Railway The Washington Trucking Association Washington State Freight Mobility Strategic Investment Board Endorsed by. Puget Sound Regional Council (co-sponsor) FAST Comdor 2002 MOU ATTACHMENT A. FAST Corridor Phase I Projects Proiect Name Implementing Agency California St Port of Everett E. Marine View Drive City of Everett 41" St. Extension/Rroerfront City of Everett Parkway Overcrossing Spokane St. City of Seattle Royal Brougham (SR 519) WSDOT E. Marginal Way City of Seattle S 180'" St City of Tukwila S 27711' St City of Auburn 3rd St SW / BNSF crossing City of Auburn 8t" St / BNSF crossing Pierce County Shaw Rd. Extension City of Puyallup Canyon Rd Extension Pierce County 'D' St City of Tacoma Port of Tacoma Rd. WSDOT SR 167 (R/W only) WSDOT -- 7 - FAST Comdor2002 MOU ATTACHMENT C: Candidate Future FAST Corridor Projects (Partial list, figures in millions of dollars) Proiect Name Implementing Agency Total Proiect Cost ,Estimate* SR 18 WSDOT $ 217.17 SR 509 WSDOT $ 127.00 Strander Boulevard City of Renton $ 47 DO Duwamish Truck Mobility Improvement Program City of Seattle $ 7.18 E Everett Ave Overcrossing City of Everett $ 10.00 I-5/Port of Tacoma Rd $ 1790 Interchange WSDOT 24t' St Grade Separation City of Sumner $ 550 Total $ 431.75 'Cost estimates are from 2002, and given in 2002 dollars This list is not exclusive, but is a listing of projects that are currently prioritized by the FAST Partners through FAST's Spring 2002 prioritization process, and are not among the projects programmed for Section 1118 funds at this time. FAST Comdor 2002 MOU ATTACHMENT B: FAST Corridor Phase II Projects for Immediate Implementation (Figures in millions of dollars) Proiect Name Implementing Agencv Estimated Cost* Duwamish ITS Project City of Seattle $ 7.21 WSDOT ITS WSDOT $ 30.00 SR 9 Widening WSDOT $ 4598 Lincoln Avenue Port of Tacoma $ 26.00 S 228th Street City of Kent $ 4800 70th Street/Valley Avenue City of Fife $ 1886 M Street City of Auburn $ 2204 Eighth St--UP Pierce County $ 2000 i Lander Street City of Seattle $ 23.93 Willis St City of Kent $ 20.80 Total $ 262.82 FAST Corridor Phase II Partnership Funding Goals Section 1118 funds $ 91 99 other federal funds $ 1314 state funds $ 105 13 port funds $ 1840 rail funds $ 788 implementing agency funds $ 2628 Total $ 262.82 owl estimates are from 2002, and given in 2002 dollars. -- 8 — FAST Comdor 2002 MOU Kent City Council Meeting 40 Date November 19, 2002 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) UTILITY FUNDS TRANSFER—AUTHORIZE AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorize the Public Works Department to move past and present WSDOT storm drainage utility fee revenue from the sewer operating fund into the Garrison Creek (D20037) project fund. 3. EXHIBITS: Public Works Director memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: Isk ACTION. Council Agenda Item No. 6H PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E., Public Works Director Phone 253-856-5500 oiii: KENT Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date- November 4, 2002 To: Public Works CAOTmittee From Don Wickstro , ublic Works Director Regarding WSDOT Utility Funds The City of Kent receives WSDOT storm drainage utility fees that partially fund the replacement of two pipe culverts at the Spnngbrook Creek crossing of South 192 d This utility fee income has been receipted into the sewer operating fund while the expenses for this project has been charged to Garrison Creek (D20037). We are seeking Council approval to move the revenue related to these utility fees for the past two years and any future revenue into the Gamson Creek fund This would allow us to match the revenue of the project with the related expenses MOTION Recommend Council authorization to move past and present WSDOT storm drainage utility fee revenue from the sewer operating fund into the Garrison Creek (D20037) project fund Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: 2003 GOVERNMENT RELATIONS CONTRACT—APPROVE 2. SUMMARY STATEMENT: The 2003 Government Affairs contract with Doug Levy of Outcomes by Levy was reviewed and recommended by the Council's Operations Committee at the November 5, 2002 meeting. The contract covers Mr. Levy's services and expenses for 2003. These services include legislative advocacy at the local, state and federal level on the City's high priority issues. The services are detailed further in the contract's scope of work. The high priority issues are detailed further in the City's 2003 Legislative Agenda. 3. EXHIBITS: contract 4 RECOMMENDED BY: Operations Committee 11/5/02 (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: Not to exceed $55,000 SOURCE OF FUNDS: General Fund 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No. 6I OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 K E N T Fax 253-856-6700 W A S H I N G T O N Address 220 Fourth Avenue 5 Kent,WA 98032-5895 DATE October 26, 2002 TO- Kent City Council Operations Committee FROM: Dena Laurent Assistant CAO SUBJECT 2003 Government Relations Contract Please find attached a 2003 contract and workplan for government relations consulting services from Doug Levy of Outcomes by Levy The contract covers the services outlined in Appendix A and as described in Doug's reports in the Mayor's Update to Council and at Council briefings during the Legislative Session The contract calls for a monthly fee of$4,166 67 plus expenses Doug is very frugal and accountable about both the hours he works for us and his expenses I expect his expenses will again be far under the $5,000 that is budgeted The total budgeted amount for this service is $55,000 The expenditure continues to be very cost-effective for the price and product we receive If you have any questions, please do not hesitate to contact me at 856-5708 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF KENT AND DOUG LEVY, OUTCOMES BY LEVY This Agreement is made and entered into the date fully executed below,between the CITY OF KENT, a Washington municipal corporation, (hereinafter "City"), and and Doug Levy, Outcomes by Levy, a professional consultant, (hereinafter"Contractor"), located at 7210 NE 147ih Place, Kenmore, Washington, 98028. RECITALS WHEREAS, the City desires to retain services for intergovernmental relations consulting, and WHEREAS, Contractor agrees to perform services under the terms and conditions set forth in the Scope of Work, NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the City and Contractor AGREEMENT I. CONTRACTOR'S RESPONSIBILITIES Contractor will perform services on behalf of the City with respect to intergovernmental relations consulting, as set forth in the Scope of Work, attached hereto as Exhibit A and incorporated as if fully set forth herein Contractor shall perform the work in accordance with all applicable state, federal and City laws, consistent with accepted practices for other similar services, and substantially in every respect to the direction and approval of the Civil Service Examiner, within the time specified herein, and in accordance with any instructions and information contained in this Agreement PROFESSIONAL SERVICES AGREEMENT- 1 II. CITY'S RESPONSIBILITIES The City will be responsible for providing oversight, direction and necessary information to complete work described in the Scope of Work. III. TERM The term of this Agreement shall begin on January 1, 2003 and shall continue until December 31, 2003 IV. TIME DEVOTED TO WORK In the performance of the services described herein, the Contractor shall have control over the number of hours devoted to the work as is reasonably necessary to fulfill the spirit and purpose of this Agreement The Contractor agrees to begin work upon execution of this Agreement by both parties and shall carry the work forward according to the direction given as provided herein and Contractor agrees to perform the work as expeditiously and efficiently as possible V. PAYMENT The City agrees to pay the Contractor for all work performed by Contractor, on completion of the same, in the amount of$4,166 67 per month The City shall reimburse the Consultant for expenses incurred while doing business on the City's behalf,which shall be limited to meals,parking,lodging, mileage at the State of Washington's standard reimbursement rate,phone calls attributable to City of Kent business, legislative session office space and expenses, and other travel and conference/meeting expenses where such attendance is directed by the City Where such expenses are incurred in connection with work on legislative or regulatory issues affecting the Contractor's other relevant clients,these expenses shall be pro-rated to the maximum extent practicable. VI. INVOICING PROCEDURE Invoices for work performed shall be presented to the City by the Contractor following completion of the duties herein The City shall make payment to the Contractor within thirty days of receipt of invoices PROFESSIONAL SERVICES AGREEMENT-2 VII. TERMINATION The parties agree that either party may terminate this Agreement upon written notification to the other party In the event of termination,the City shall pay for all services performed by the Contractor to the effective date of termination VIII. STATUS OF CONTRACTOR This Agreement calls for the performance of the services of the Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose The Contractor and/or its subcontractor(s) shall secure at his own expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, Worker's Compensation, and all other payroll deductions for the Contractor and its officers, agents and employees and the costs of all business licenses, if any, in connection with the services to be performed hereunder Contractor will be solely responsible for its acts and the acts of Contractor's agents, employees, servants, and subcontractors during the performance of this contract IX. DISCRIMINATION ! In the hiring of employees for the performance of work under tlus Agreement or any sub- contract hereunder, the Consultant, its sub-contractors, or any person acting on behalf of such Consultant or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement X. INDEMNIFICATION Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers from all damages,costs or expenses in law or equity that may at any time arse or be set up because of damages to property or personal injury(including death) received by PROFESSIONAL SERVICES AGREEMENT-3 reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the Contractor. XI. OWNERSHIP OF RECORDS AND DOCUMENTS All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business If such information is publicly available, is already in Contractor's possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise XIL ENTIRE AGREEMENT The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement or the Agreement documents The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement, any addenda attached hereto, and all bid related documents, if any, which may or may not have been executed prior to the execution of this Agreement All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth at length herein XIII. WAIVER AND MODIFICATION No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City or Contractor XIV. ASSIGNMENT Any assignment of this Agreement by the Contractor without the written consent of the City shall be void XV. WRITTEN NOTICE All communications regarding this Agreement should be sent to the parties at the addresses below, unless notified to the contrary PROFESSIONAL SERVICES AGREEMENT-4 Any written notice hereunder shall become effective on the date personally served or, if mailed, as of the date of mailing, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may hereafter be specified in writing XVI. GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington XVII. RESOLUTION OF DISPUTES Should any dispute, misunderstanding or conflict anse as to the terms and conditions contained in this Agreement, the matter shall first be referred to the mayor for review and a determination. If the dispute,misunderstanding or conflict between the City and Contractor cannot be resolved by the City's determination within a reasonable time, Jurisdiction of any resulting litigation shall be with the Superior Court of King County, Washington IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written CONSULTANT THE CITY OF KENT By Doug Levy By Jim White Its Its Mayor DATE. DATE APPROVED AS TO FORM: ATTEST: Kent City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY: Doug Levy Dena Laurent 7210 ONE 147`h Place Kenmore, WA 98028 PROFESSIONAL SERVICES AGREEMENT-5 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this contract shall comply with the regulations of the City's equal employment opportunity policies The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract, The questions are as follows. 1 I have read the attached City of Kent administrative policy number 1.2 2. During the time of this contract I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory,mental or physical disability 3 During the time of this contract the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4 During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5 Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above Dated this day of 12002 By For Title. Date s PROFESSIONAL SERVICES AGREEMENT-b CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 12 EFFECTIVE DATE January 1, 1998 SUBJECT- MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opporturuty within their organization and, if holding contracts with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 2 Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1 Ensuring that contractors, subcontractors, consultants,and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2 Monitoring to assure adherence to federal, state and local laws, policies and guidelines. PROFESSIONAL SERVICES AGREEMENT-7 . CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract I, the undersigned, a duly represented agent of Outcomes by Levy Company,hereby acknowledge and declare that the before-mentioned company was the prime contractor for the contract known as same that was entered into on the 15S of January, 2003 (date) between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned contract Dated tlus day of 12002 By For Title: Date PROFESSIONAL SERVICES AGREEMENT- 8 Exhibit A SCOPE OF WORK • Scope of Work The following outlines the scope of work under this contract Specific workplans shall be developed mutually and reviewed on a regular basis ✓ Assist with issue identification and meetings with Kent legislators prior to the Legislative Session ✓ Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including groups meeting on transportation, fiscal resources, endangered species listings, and other state agency activities ✓ Monitor and report legislation of concern to Kent during the Legislative Session(s),working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues ✓ Assist with issue identification, opportunities for Kent and advocacy efforts with Kent's federal representatives ✓ Assist with issue identification, opportunities for Kent and advocacy efforts with Kent's regional representatives ✓ Assist with pursuit of funding for Kent projects, particularly at the state and federal levels Reporting and Communication The Consultant shall communicate weekly with designated staff regarding work under the contract Monthly summaries of work completed shall be appended to invoices for payment i PROFESSIONAL SERVICES AGREEMENT-9 Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1 SUBJECT: ENERGY AUDIT CAPITAL IMPROVEMENTS —AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Mayor to sign all necessary documents to allow Washington Department of General Administration to conduct an energy audit on City buildings, with repayment to the state over 12 years, based on realized energy savings. 3 EXHIBITS: Staff memo, financial analysis and interagency agreement 4. RECOMMENDED BY: Staff and Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: Repayment of annrox $140,000/year SOURCE OF FUNDS: repayment from energy savings 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6J Parks, Recreation and Community Services John Hodgson, Director Phone 253-856-5007 . KE 0 T Fax 253-856-6050 W A 5 H I N G T G N Address 220 Fourth Avenue S Kent,WA 98032-5895 Memorandum DATE October 21, 2002 TO City Council Operations Committee THROUGH- John Hodgson, Director of Park, Recreation, and Community Services FROM Charlie Lindsey, Superintendent of Facilities Management CC Mike Martin, Cluef Administrative Officer May Miller, Director of Finance RE Energy Audit You may recall several months ago John Hodgson and I came to you with a proposal to have our buildings audited for energy use and the potential to borrow from the State Treasury for any recommended conservation measures Payment for these solutions were to come from the energy savings guaranteed by the company doing the audit and the State Office of Energy Management The cost of the audit was $43,622 00 and the City agreed to accept responsibility for those costs out of pocket should we decide not to go forward with any conservation measures that might be recommended The audit is complete and the list of conservation recommendations is lengthy I have attached them and the financial analysis summary for them to this memo The cost for the proposed conservation measures including the audit is $1,233,458 00 The State Treasury will pay the contractor upfront to do the improvements The City will make payments twice annually using the savings from reduced energy consumption These payments will go for 12 years In short, the guaranteed savings will cover the cost of the physical improvements. With this project we will not only be able to retrofit all of our buildings with energy efficient lighting but we will replace our 33-year-old chillers for City Hall We will replace the automated HVAC controls for the Centennial Center so that we can communicate with it on our network We will replace the mechanical units to include air conditioning for the gymnasium at Kent Commons, a replacement mechanical unit for the Resource Center and the HVAC systems in our major buildings will be re-commissioned These are all improvements that we would be requesting funding for in the budget as we move into the future This project gives us the ability to complete them without impact on our budget, as they will be paid for out of energy savings Staff is requesting authorization for the Mayor to sign the promissory note with State Treasury and to move forward with this project !§ !` {� � \ k � � 2 ■ | � ; R # § 12 N | . e _ ek4k # fk # ! , \ . � ! 2 ! m ! @20ol k & ¥ & ¥ 2 \ : E ;l2 � § 2 � § \ ) k \ 7 ! /§ \2 k� t « « � k� \f $ I | |{| | |{ k } § - , foc k \ { \ SO \ \ � \ : Gee . ! l � . f ! - �. ZW \ K2t | k` $ k { ate J | k � E § ` « ; ; ts ; F ; �! ° kf & ; 2ee ! � © \ !| � $# R # rE#F # ! ! ■ ° \} \ _ _ \ \}\\ � � � , • N CIP k ®- . - - - - - -- k ;fk • ; ((§\ $ # k (\ / k 2 # \ . . k\#\ ■ # ! \©~ f £ £ ƒ f i _ _ _ # « 7 ( ` ` � § � . . , . . . . / . . LL ! , ) ( { ( � - - - 7k) \ \5 � i } � ) \ 02 \ \ / \) 2 a z M » 2 § | ! _ ! Lm 1 it 10 i § _ ! \ �\ � � \ § 2 2 2 /§ #w » . . { } . . . ® T . . . m . . ■ � � cli }\ . . . cli ® ! 2 } & - ■ -- - - - - - - ®- ! • $K#¢ K i CUat Ci It \\_ k §¢ �21 . _ !§ @ . . # k0 § i ° � . . ! kk ¢$ ■ � | ® &7 2 0 ( 0 - - - - ! 7kk { {2 � 0 CL - / � � \ � � • / ) \ # ! 2 J § - \ � | § B |§ /� � \ | f a$ w o § �� R ace § ` Interagency Agreement Department of General Administration Date April 23, 2001 Interagency Agreement No: 2001-542 Interagency Agreement Between the Department of General Administration and the City of Kent This Agreement, pursuant to Chapter 39 34 RCW, is made and entered into by and between General Administration, Engineering & Architectural Services, hereinafter referred to as "GA", and the City of Kent, hereinafter referred to as the "City". It is the purpose of this Agreement to provide Energy Conservation Project Management Services. Now therefore, in consideration of the terms and conditions contained herein, or attached and incorporated by reference and made a part hereof, the above-named parties mutually agree as follows 1. Statement of Work GA shall furnish the necessary personnel and services and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A,' attached hereto and incorporated herein by reference Unless otherwise specified, GA shall be responsible for performing all fiscal and program responsibilities as set forth in Attachment'A " 2. Terms and Conditions All rights and obligations of the parties to this Agreement shall be subject to and governed by the terms and conditions contained in the text of this Agreement. 3. Period of Performance Subject to its other provisions, the period of performance of this Agreement shall commence when this Agreement is properly signed. and be completed on June 30, 2003 unless terminated sooner as provided herein. 4. Consideration For Project Management Services provided by GA under Attachment "A" of this Agreement. the City will make payments for the project based on the total project value (See Attachment 'B" )' Payments will be incorporated by an Amendment to this Agreement For Monitoring Services provided by GA under Attachment"C" of this Agreement, the City will make payments annually for the term of this Agreement based on Attachment"C " Payments will be incorporated by an Amendment to tlus Agreement. Interagency Agreement No 2001-542 Page I of S. Billing Procedure The City will reimburse GA upon receipt of properly executed vouchers. Each voucher will indicate clearly that it is for the services rendered in performance under this Agreement and shall reflect this Agreement number. Claims for payment submitted by GA to the City for costs due and payable under this Agreement that were incurred before the expiration date shall be paid by the City if received by the City within 120 days after the expiration date. 6. Non-Discrimination In the performance of this Agreement, GA shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), and Chapter 49 60 RCW, as now or hereafter amended GA shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical disability in- a) Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part'and b) Denying an individual the opportunity to participate in any program provided by this Agreement through the provision of services, or otherwise afforded others. In the event of GA's non-compliance or refusal to comply with the above provisions, this Agreement may be rescinded, canceled, or terminated in whole or in part, and GA declared ineligible for further Agreement with the City GA shall, however. be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes ' procedure set forth therein. 7. Records Maintenance The City and GA shall each maintain books, records. documents. and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein These records shall be subject to inspection, review. or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. GA will retain all books, records. documents, and other material relevant to this agreement for five years after expiration, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials dunng this period 8. Contract Management a. The City Project Manager on this contract shall be Charlie Lindsey, Facilities Superintendent 220 4`h Avenue South Kent, WA 98032 Telephone 253-856-5081 Interagency Agreeme.^.tNo.2001-542 Page 2 of-1 The Project Manager shall be responsible for monitoring the performance of GA, approving the actions by GA, approving for payment, billings, and expenses submitted by GA, and accepting any reports from GA. b. The GA representative on this contract shall be Art Arneson, P E., Energy Engineer Department of General Administration Division of Engineering & Architectural Services PO Box 41012 Olympia, WA 98504-1012 (360) 902-7261 e-mail address aameso(@,ea wa gov Art Arneson will be the contact person for all communications regarding the conduct of work under this contract 9. Hold Harmless Each party shall defend, protect and hold harmless the other party from and against all claims, suits, and/or actions ansing from any negligent or intentional act or omission of that party's employees, agents, and/or authorized subcontractor(s) while performing this contract 10. Agreement Alterations and Amendments The City and GA may mutually amend this Agreement Such Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind the City and GA or their respective delegates 11. Termination Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) days written notification If this Agreement is so terminated, the terminating parry shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination 12. Disputes If a dispute anses under this Agreement, it shall be determined in the following manner the City shall appoint a member to the Dispute Board- The Director of GA shall appoint a member to the Dispute Board The City and GA shall jointly appoint a third member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute The determination of the Dispute Board shall be final and binding on the parties hereto, unless one of the parties requests intervention by the Governor as provided by RCW 43 17 330 Interagency Agreement No 2001-542 Page 3 of 4 13. Order of Precedence In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order- a) Applicable Federal and State Statutes and Regulations b) Terms and Conditions c) Attachment "A," Statement of Work, Attachments "B"and "C", Management& Monitoring Fees and d) Any other provisions of the contract whether incorporated by reference or otherwise 14. All Writings Contained Herein This Agreement contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto AUTHORIZATION TO PROCEED Agreed to and signed by The City of Kent Department of General Administration Engineering &Architectural Services L Stsna Signzii4e ClintLoueheed Name Name mfim-y Energv Program Manager Title Title A� Date Date The Department of General Administration provides equal access for all people without regard to race, creed, color, religion, national origin. age, gender, sex, marital status, or disability Contract information is available in alternative formats. For more information, please call Pat White at (360) 902-7242 �epr , A , ASS% G- i� Ah t l e'v-. U �f 7 G ;� Clop Interaggency Agreement No 2001-542 / Page 4 of 4 ATTACHMENT A SCOPE OF WORK ENERGY SERVICES STATEWIDE ENERGY PERFORMANCE CONTRACT PROJECT NO. 98-248 GA will provide the following project management services for the City of Kent- 1 Assist the Director of Maintenance/Operations in the selection of an Energy Service Company (ESCO)consistent with the requirements of 39 35A RCW 2 Identify potential utility conservation measures and approximate cost savings 3 Negotiate scope and fee for ESCO audit of the facility(s) 4 Identify appropriate project funding sources and assist with obtaining project funding 5. Review and approve ESCO audits and technical studies 6 Assist in negotiating the technical, financial and legal issues associated with the ESCO's Energy Services Proposal. 7- Manage the design, construction and commissioning process 8. Assist with final project acceptance 9 Provide other services as required to complete a successful energy performance contract Attachment A-BL 98-248 01-03 doc IAA 2001-542 ATTACHMENT B 2001-03 Interagency Reimbursement Costs for Project Management Fees to Administer Energy/Utility Conservation Projects ,PROJECT TOTAL PROJECT VALUE MANAGEMENT FEE TERMINATION $5,000,000 - or more Negotiate Negotiate Below 5,000,000 $63,850 $25,500 4,000,000 58,950 23,600 3,000,000 54,200 21,700 " 2,000,000 48,900 19,600 1,500,000 42,800 17,150 1,000,000 40,350 16,150 " 900,000 37,650 15,000 800,000 34,900 13,950 700,000 32,000 12,800 600,000 28,650 11,500 500,000 25,200 10,100 400,000 22,000 8,800 300,000 18,300 7,300 " 200,000 Hourly Cost Hourly Cost NOTES: 1 These fees cover the management of energy/utility/conservation projects where funding comes from utility grants, Energy Service Companies (ESCO), State Treasurer's Office Lease/Purchase program, capital funds, third party financing or any combination thereof 2 The Energy Section of the Division of Engineering and Architectural Services will assist in. identifying appropriate cost effective energy conserving projects, identifying appropriate funding sources; obtaining project financing, selecting and contracting for ESCO services, obtaining technical studies which meet the approval of funding agencies, and, managing the design, construction and commissioning processes. 3 Termination fees cover the selection and project management costs associated with managing the ESCO's technical study that identifies cost effective energy conservation measures yet the client decides not to proceed with the project. Attachment A-B-C 98.248 01-03 doc IAA 2001-542 ATTACHMENT C Interagency Reimbursement Costs for Monitoring Energy Conservation Projects RANGE OF ANNUAL SAVINGS % FEE RANGE OF ANNUAL FEE $150,000 - and over 5 00% $8,250 -upward 125,000 - 149,999 5 50% 7,500 -8,250 100,000 - 124,999 6 00% 6,500 - 7,500 90,000 - 99,999 6 50% 6,300 - 6,500 80,000 - 89,999 7 00% 6,000 - 6,300 70,000 - 79,999 7 50% 5,600 -6,000 60,000 - 69,999 8 00% 5,100 - 5,600 50,000 - 59,999 8 50% 4,500 - 5,100 40,000 - 49,999 9 00% 3,800 -4,500 30,000 - 39,999 9 50°% 3,000 -3,800 20,000 - 29,999 10 00% 2,000 -3,000 Under 20,000 2,000 - 2,000 Scope of Work for Monitoring Energy Conservation Projects 1 Monitor actual energy use and dollar costs, compare with the ESCO's annual savings report and any ESCO guarantee, resolve differences, if needed, and approve any vouchers for payment or any estimates for income 2. Monitor facility operations including any changes in operating hours, changes in square footage, additional energy consuming equipment and negotiate changes in baseline energy use which may impact energy savings. 3. Negotiate change orders to an ESCO or Grant Agreement for the acquisition of additional equipment or services 4 Manage and coordinate any ESCO and/or facility efforts in maintaining and operating the installed equipment. 5 Oversee training programs to ensure that the facility operating personnel are adequately trained in the operation and maintenance of the energy systems installed. 6. Provide annual letter report describing the ESCO's performance, equipment performance and operation, energy savings and additional opportunities, if any, to reduce energy costs Attachment A-B-C 99-248 01-03 doc IAA 2001-542 Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: MISCELLANEOUS ACCOUNTS RECEIVABLE AND UTILITY BILLING WRITE-OFFS—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Operations Committee at their November 5, 2002 meeting, authorization is requested to authorize miscellaneous Accounts Receivable and Utility Billing write-offs of$19,367.47 for accounts from 1995 through March 2001 that are primarily the result of bankruptcies and are deemed uncollectable. 3. EXHIBITS: Memo from Finance Director 4. RECOMMENDED BY: Operations Committee (3-0) (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. 6K FINANCE DEPARTMENT May Miller, Director Phone 253-856-6260 KENT Fax 253-856-6255 W.s H i H c r o N Address 220 Fourth Avenue S Ken[,WA 98032-5895 Memorandum DATE- October 29, 2002 TO Mayor White, City Councilmembers THROUGH Operations Committee \ FROM May Miller CC RE Council Approved Write-Offs The Washington State auditor's office recommends that we write-off uncollectable accounts that are over one year old This year the write-off request is for 2000 through March 2001 • Miscellaneous Accounts Receivable, LID, and Utility Billing Receivables The total write-off for 2002 is $19,367 47 The total Miscellaneous Accounts Receivable, Subsidiary Ledger as of September 30, 2002 is $2,444,213 29 and this write-off amount is 003% of the total receivables to date The Utility Billing three-year receivable write-offs of$6,563 95 are for 1995, 1996, and 1997 This total amount requested is primarily for 14 accounts that have declared bankruptcy and are deemed uncollectable Attached is information from Tom Vetsch, Customer Services Manager, describing the write- offs in detail We continue to follow the city's Collection Process which is also attached We are currently implementing the Class Cashiering System which should assist in making the process even more efficient COUNCIL ACTION Authorize Miscellaneous Accounts Receivable and Utility Billing write-offs of$19,367 47 for accounts from 1995 through March 2001 To Tom Vetsch From: Mar an,e Ely Date- October 28, 2002 Subject Council Approved Write-offs Request Accounts Receivable write-offs for 2002 = $ 7,415.88 Rent of City property = $ 6,346.70 (86%) Misc. City Services =$ 29430 ( 4 %) Miscellaneous =$ 77488 (10 %) The A/R, Subsidiary Ledger as of 9130/02 was $2,442,213 29 The A/R write-offs for 2002 are .3% of the total receivables to date City Collection Processes are followed The attached chart provides a history of A/R write-offs from 1992 to 2002 LID write-offs for 2002 = $ 5,387:64 Under the direction of the City Law Department,Penalties were waived Utility Billing Write-offs for 2002 =$ 6,563.95 Write-offs of Utility Billing for 1995, 1996 & 1997 only. The attached chart provides a history from 1992 to 1997 And the Write-off Summary provides detailed account information. The total write-offs for 2002 are $ 19,367 47 If you need additional information,please let me know. i 0 o N O N O O O ^ N OD Ln v O1 r 0) I I I I I I 0 O 0 0 O O 0 0 O 0 0 O O 0 0 00 0 0 00 0 O O 0 O O 69 0 0 0 0 0 0 O O O O O O CD LO It CY) N T- 69 CO- 6g 69- E4:} 69- - I i pr 0„ t �t . fix �, •� t i;rs was' r nl 'w T O O O O O O O O O O O O O O O O O O O O O O O O O O O 6a O O O O O O O O O O O O CO LO d' ML--- N T- Ef3 EA ER bg �Ea Ef} 2002 Write-offs ACCOUNTS RECEIVABLE Write-offs. BUSINESS UNIT DATE CUSTOMER AMOUNT SERVICE INV# 10006210 26-Dec-01 AAPC 3000 Commons room rentals 22975 48006810 12-Jul-01 Nevada Bob's Discount Golf 2,11575 Bankrupt/July rent 22542 48006810 14-Aug-01 Nevada Bob's Discount Golf 2,11575 Bankrupt/August rent 22545 54006910 30-May-01 Metricom 5000 Bankrupt I July rent(utilitities) 22390 540D6910 24-Jul-01 Metncom 5000 Bankrupt/August rent(utilities) 22675 54006910 21-Aug-01 Metncom 24260 Bankrupt/Sept rent(tax,utihties) 22693 54006910 01-Oct-01 Metncom 1,742 60 Bankrupt I October rent,lax,utdities 22886 Total Rent $6,346 70 44005560 17-Apr-01 Paul V Hanson, Inc 29430 Replace manhole/No forwarding address 22292 Total Misc.City Services• $294 30 10006221 23-Jan-01 Mama Pat's Pizza 15000 Food Vendor feel Out of Business 2290E 52001750 02-Aug-01 Nevada Bob's Discount Golf 9988 Bankrupt/Modem line 22752 10006221 21-Aug-01 Extreme Expresso 22500 Food Vendor feel Cancellation 21460 10006210 09-Nov-01 Allwire Cable Services 30000 Sponsorship!Company dissolved 22943 Total Miscellaneous: $774,88 Total AIR Wnte-offs $7,415 88 LID Write-offs: LID# DATE CUSTOMER AMOUNT 340-00460D 16-Feb-02 Kent Industries, Inc 1,831,98 Penalties 340-004700 16-Feb-02 Kent Industries, Inc 3,55566 Penalties Total-LID Write-offs $5,387.64 UTILITY BILLING Write-offs- UB Acct# DATE CUSTOMER AMOUNT B02-00462 00 24-Feb-95 Fabricland,Inc 13130 Bankruptcy 625-09171 00 26-Jul-95 David Mitchell 16669 Bankruptcy 803-07729 01 28-Nov-95 Cheryl Ebberting 1,17366 Bankruptcy 617-10109 DO 14-Mar-96 Willig Freight Lines 631 71 Bankruptcy 624-03908 02 10-Apr-96 Sahlberg Equipment 33337 Bankruptcy 808-04644 02 05-Sep-96 Ernst Carp Dist Center 1,53499 Bankruptcy 808-01676 05 05-Sep-96 Sound Investment/ErnstCorp 91830 Bankruptcy 616-08481 01 09-Sep-96 The Flexible Corp 22484 Bankruptcy 152-05464 00 04-Oct-96 Usaia Sotutu 184 40 Bankruptcy 431-06610 01 28-Jan-97 Mark McClure 18354 Bankruptcy 615-13427 04 25-Mar-97 Control Tech NW, Inc 22816 Bankruptcy 343-10022 01 28-Apr-97 Wells Fargo/Loan Ctr(Jane M Talerico) 36408 Bankruptcy 424-08968 01 09-Dec-97 Rakesh 8 Anlu Naidu 34828 Collections 619-02524 07 09-Dec-97 Wayne Scheidel 14063 Collections $6,563 95 TOTAL-2002 WRITE-OFFS: $19,367.47 0 The City's A/R Collection Process (Miscellaneous Invoices) 1 Invoices are mailed throughout the month Invoices are all due on the 15'h (fifteenth) of the following month 2 Each month on or about the 25`h (twenty-fifth) of the month a collection letter is sent out on each delinquent account The letters vary in intensity based on the level of delinquency If a phone number is available then the customer maybe called 3 If after several attempts we have still not received payment from the customer, the department that issued the invoice is notified. At this point the issuing department may write a letter or call the customer directly 4 The Legal department is notified of delinquent invoices of significant amounts If the Legal department deems the invoice collectable, they may take the individual or company to court to recoup the invoiced amount or they may recommend transferring the account to a collection agency 5 At the end of each month, a statement is sent out to all customers with account balances. Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: LIDS 350, 352 AND 354 BOND PROCESS—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Operations Committee at their November 5, 2002 meeting, authorization is requested to approve proceeding with a combined LID bond issue for LIDs 350, 352, and 354. 3 EXHIBITS: Memos from Finance Director and Assistant Finance Director 4. RECOMMENDED BY: Public Works & 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. 6L FINANCE DEPARTMENT May Miller, Director Phone 253-856-5260 Fax 253-856-6255 K E N T Address 220 Fourth Avenue S WASH NGTON Kent,WA 98032-5895 Memorandum DATE October 29, 2002 TO Mayor White, City Councilmembers THROUGH Operations Committee FROM May Miller\,\^ - CC- RE Authorization to Proceed With LID Bond Process Council has authorized the final LID assessments on the last three LIDS that will be combined into one LID Bond Issue We are requesting authorization to proceed with the combined LID bonds of approximately $1,604,331 52(less any prepayments on LIDS 352 and 354) The final prepayment period will be approximately December 1, 2002 The LIDS are for three Public Works projects. 1 LID 350 Big K Sewer 2 LID 352 South Kent Storm Sewers 3 LID 354 Washington Avenue HOV Lanes and Meeker Street Widening Improvements We will be working with Bank of America who is the underwriter for the city's LID bonds Foster Pepper & Sheffelman will be Bond Council During the next two months we will be preparing official statements and legal documents We expect to bring these documents back to Council in January or February with bond proceeds expected to reimburse the LIDs' share of these projects around March 1, 2003 COUNCIL ACTION Authorize proceeding with a combined LID bond issue for LIDS 350, 352, and 354 KENT WASH INGTON CITY OF KENT MEMO TO- May Miller, Finance Director FRO John Hillman, Assistant Finance Director DATE. October 28, 2002 SUBJECT- LID 350, 352 and 354 Consolidated Bond Issue With the passage by Council of the final assessment roll ordinances for LID 352 on October 15, 2002 and LID 354 on October 1, 2002, we will soon be ready to proceed with the issuance of bonds LID 350-Big K Sewer final assessment roll was approved on April 16, 2002, and is ready to bond. We expect LID 352-South Kent Storm Sewers (1", 3Y°, and 5th Avenue South, North of South ' 259th Street) , and LID 354-Washington Avenue HOV Lanes and Meeker Street Widening improvements (Hawley Road to James Street and 64th Avenue to Washington Avenue) to be in their prepayment phase in November 2002 By December 1, 2002, or shortly thereafter, the bond issuance amounts will be known The attached preliminary financing schedule is for your information We would expect bond proceeds to be available to reimburse the assessable portion of City expenses by the end of February 2003 Enclosure: Draft consolidated LID bond issuance schedule (LID 350, 352, and 354) City of Kent DRAFT LID 350, 352, 354 Bond Issuance Schedule Responsible ate Event Party 10/1/2002 LID 354 Public Hearing - Final Assessment Roll City 10/15/2002 LID 352 Public Hearing - Final Assessment Roll City 11/30/2002 Prepayment periods end City 12/5/2002 Distribute financing schedule BAS 12/12/2002 Begin preparation of preliminary official statement ( POS) BAS Initiate work on legal documents BC 12/19/2002 Data submitted to BAS City 1/2/2003 Distribute draft Bond Ordinance and Legal Opinion for review BC 1/9/2003 Distribute draft POS for review BAS 1/14/2003 Submit changes and corrections to POS and legal documents All 1/21/2003 Internal BAS underwriting approval request for any nonrated bonds BAS 1/28/2003 Finalize, print and distribute POS BAS Finalize draft Bond Ordinance and Legal Opinion BC 2/8/2003 Present purchase offer (draft) Operations Committee City, BAS Present bond ordinance (draft) Operations Committee City, BC Pre-pricing City, BAS Pricing and marketing of bonds City, BAS 2/18/2003 Present purchase offer to Council BAS Pass bond ordinance to Council City 3/3/2003 Close bond issue and deliver bond proceeds All LID 350 LID 352 LID 354 Total Final Assessment Roll 537,807 60 657,572 16 480,400 00 1,675,779 76 Prepaid Assessments' 71,448 24 - - 71,448 24 Bond Amount 466,359 36 657,572 16 480,400 00 1,604,331 52 "Prepayment Period for LID 352 and LID 354 not completed Parties City City of Kent BAS Bank of America BC Foster and Pepper, Bond Counsel LID 350 352 354 Fin Sch x1s10/28/2002 Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: 108TH AVENUE TOWNHOMES REZONE ORDINANCE —ADOPT 2. SUMMARY STATEMENT: Adoption Ordinance No relating to land use and zoning, rezoning two (2) parcels of property comprised of approximately 1 1 acres and located approximately two blocks south of Southeast 240th Street on 108th Avenue Southeast, from Community Commercial (CC) to Multifamily Residential Townhome District (MR-T16) (108th Avenue Townhomes Rezone, RZ2002-1). 3 EXHIBITS: Ordinance • 4. RECOMMENDED BY: Hearing Examiner (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. 6M ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, rezoning two (2) parcels of property comprised of approximately 1 1 acres and located approximately two blocks south of Southeast 240th Street on 108"' Avenue Southeast, from Community Commercial (CC) to Multifamily Residential Townhome District (MR-T16) (108`h Avenue Townhomes Rezone, #RZ-2002-1) WHEREAS, an application to rezone approximately 1 1 acres from the current zoning of Community Commercial (CC) to Multifamily Residential Townhome District(MR-T16)was filed on May 16, 2002,(10e Avenue Townhomes Rezone,#RZ- 2002-1), and WHEREAS, the city's State Environmental Policy Act(SEPA)responsible official issued a Determination of Nonsrgnificance (DNS) for the proposed rezone on August 31, 2002, (#ENV-2002-27), and WHEREAS, a public hearings on the 108v' Avenue Townhomes Rezone was held before the hearing examiner on October 2, 2002, and 1 I081h Townhomes Rezone WHEREAS, the hearing examiner issued findings that the 108th Townhomes Rezone is consistent with the city of Kent's Comprehensive Plan, that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity, that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated, that circumstances have changed since the establishment of the current zoning district to warrant the proposed rezone, and that the proposed rezone will not adversely affect the health; safety and general welfare of the citizens of the city of Kent, and WHEREAS, the findings are consistent with the standards for rezone set forth in sections 15 09 050(A)(3) and 15 09 050(C) of the Kent City Code, and WHEREAS, the Kent hearing examiner recommended approval of the 108th Townhomes Rezone on October 16, 2002, as submitted by the applicant, and WHEREAS, on November 5, 2002, the City Council moved to accept the findings of the hearing examiner and the hearing examiner's recommendation for approval of the 108th Townhomes Rezone from Community Commercial (CC) to Multifamily Residential Townhome District(MR-T16), NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Rezone The property located approximately two blocks south of Southeast 240`h Street on 108`h Avenue Southeast, Kent, Washington consisting 2 108th Townhomes Rezone Of approximately 1 1 acres depicted in Exhibit A, attached and incorporated herein by this reference is rezoned as follows King County tax parcel numbers 7830800074 and 7830800076 located in Kent, Washington, shall be rezoned from Community Commercial (CC) to Multifamily Residential Townhome District (MR-T16) SECTION 1. Severability If any one or more sections, sub-sections, 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 in full force and effect SECTION 3. Effective Date This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY 3 108th Townhomes Rezone 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, Waslungton, and approved by the Mayor of the City of Kent as hereon indicated (SEAL) BRENDA JACOBER, CITY CLERK ria�iw.a�tx«��oaro „�do� 4 1081h Townhomes Rezone ui Q 1 O w ui ci tylu ui � c n ul 0 r J,aMES ST, 5E. 240th ST. S1t 4. 5 E 244th ST. Lu iu s v O SE 256th ST KEN' K N5LE?' RO APPLICATION NAME. 108'AVENUE TOWNHOMES REZONE REQUEST #RZ-2002-1 KIVA #2021538 INITY MAP North EXHIBIT "A" Kent City Council Meeting Date November 194 2002 Category Consent Calendar 1 SUBJECT: KING COUNTY LIVE SCAN EQUIPMENT GRANT—ACCEPT AND AMEND BUDGET 2 SUMMARY STATEMENT: Accept equipment and establish budget documents, as required, for Live Scan Equipment. The King County Regional AFIS ("Automated Fingerprint Identification System") Committee awarded the Kent Police Department a redeployed Live Scan machine and printer through an application process. The AFIS Committee also provides installation of the equipment, software and a T1 line and router. The Kent Police Department is required to pay the monthly T1 line charge which is currently approximately $200.00 per month. The equipment will be installed in the City of Kent Corrections Facility Annex Building. The equipment will support inmate programs, including the work crew, work release, work-time credit and day reporting. 3. EXHIBITS: copy of letter from KC Regional AFIS Advisory Committee 9/25/02 and copy of application from Kent Police Department 4/26/02 4. RECOMMENDED BY: (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. 6N #AY1S A D VISORY COMMITTEE �r REG�o"g S y ` 6AIRLET �O rna DE September 25, 2002 hs+ 754M _ . Automated C✓ Fmger�ppnnt NA xT Idennficatiou AFM MQML Debra Leroy system 75115 Kent Police Department 220 4th Avenue S Kent, WA 98032 LSRTAIVT � " De.. Dear Ms Leroy 2a2O Congratulations' The Regional AFIS Advisory Committee met on August 7, om 2002 and voted to approve your application for Live Scan equipment. 76M D Please note that the application form incorrectly stated that the maintenance war- --- ranty for the Live Scan equipment ends on December 31, 2006. The AFIS Levy 7603 ends on December 31,2005, so the maintenance warranty will be paid through that date Hopefully, with anew Levy or alternative funding source we can ex- SC ROCK tend this Please advise Marilyn Nault, KCSO Regional AFIS Manager, as to PoicE Dert A"5 whether your decision to accept the Live Scan equipment has changed due to the error in the date of the maintenance warranty We would appreciate a response - via the attached response sheet no later than Wednesday, October 16, 2002 Dtdlu.�o L'biu Derr The redeployed Live Scan equipment will be installed in your location after Phase 11 software is installed and tested. Currently, Phase II implementation and testing is scheduled for February 2003 You will receive a letter to schedule the installa- 5468 tion and training after Phase 11 software has been installed in the current 22 Live L,LEw Scan locations. �" L'dta Derr aw Thank you for your interest in the Live Scan Program. We are looking forward to a a successful partnership with your agency in this crime-fighting project o..rs Goes Sincerely, 3 rAT LEE •0M A170 Penny Bartley �""• Chair, Regional AFIS Advisory Committee aTA.. i36s Lc.�a CC: Sheriff David Reichert Chief Pat Lee nAe..+a ' Chief Rick Kieffer Lt. Paul McDonagh SNOW 516 SRv AVENUF, Room E119, 10hG COUNTY CouRrrrousC SEATTLE WA 96104 t. KING COUNTY RIGIONAL AFIS LIVE SCAN Application Date of Request: April 26, 2002 Name of Requesting Agency: Kent Police Department Name of Contact Person: Debra LeRoy Phone Number: (253) 856-5856 Fax Number: (253) 856-6802 Address: Kent Police Department 220 41h Avenue South Kent, WA 98032-5895 This is the second round of King County Regional AFIS Live Scan applications. In the current Levy, there are seven to nine (7-9) Live Scan machines to be purchased that will be placed strategically around the County to fill in the current complement of twenty-two (22) Live Scan systems The current generation of Live Scan equipment is no longer in production and a new generation of Live Scan equipment will be purchased The AFIS Advisory Committee has determined that the current Live Scan machines that are in high-volume areas will be re-deployed and given to successful applicants in order to insure the best use of the entire Live Scan and AFIS system. This application is for the re-deployed equipment. Agreement: This requesting agency agrees to assume any ongoing costs incurred for the monthly T1 line charge Statistics, or any information which is pertinent to the Live Scan and AFIS Program and requested by the King County Regional AFIS Manager or the AFIS Advisory Committee, will be compiled and submitted to the King County Regional AFIS Manager The Live Scan equipment is expected to be shared with neighboring King County law enforcement agencies at no cost to those neighboring King County jurisdictions. The Committee requires that the Live Scan equipment will be purchased through the County's procurement process and will remain the property of King County. The requesting agency also agrees to submit their Ten-Print cards and/or latents to the King County Regional AFIS Program. 1 applicants. The use of the Live Scan machine would improve the qualityof ' these prints submitted to AFIS. The Annex Building location would enhance availability of the Live Scan machine for use by other agencies. 3 Do you currently have staff with the expertise needed to operate this egwpment1 If i not, what are your plans to obtain the necessary expertise? ' All Corrections Officers currently operate the live scan equipment Sergeant Manuel Martinez is the designated trainer. The Kent Police Department plans for the King County Regional AFIS Program staff to train two Kent Police Department employees and two volunteers as Train the Trainers on the redeployed equipment 4 Size of agency. Number of Commissioned Staff 127 Number of Support Staff 59 5 Number of fingerprint cards currently submitted to the King County Regional AFIS System on an annual basis: 335 Concealed Pistol License cards mailed in 2001 4,432 booking cards submitted electronically in 2001 6 If this request were granted, would you expect this number to increase'? By what percent and/or number? Why? Yes. The average percent of offenders using alternative means of incarceration under the Kent Corrections Facility supervision over the past three years was 26%. The Kent Police Department estimates a 10% increase in print cards submitted solely to venty program offender identity. 7 Number of latent cases currently submitted to the King County Regional AFIS System on an annual basis: 420 latent cases were submitted via mail to King County Regional AFIS in 2001. 8 If this request were granted, would you expect this number to increase? By what percent and/or number? Why? No. The Kent Police Department does not have a need to use the Live Scan equipment for latent submission at this time. rib � • � O_S'7]/O Z Signature ofAuthonzed Agent Date 3 Kent City Council Meeting Date November 194 2002 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE TRAFFIC SAFETY COMMISSION GRANT FOR TRAFFIC EQUIPMENT—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept funding in the amount of$4,000.00 from WTSC for traffic equipment. They offered a traffic equipment funding opportunity to the Kent Police Department on 9/18/02. This was the balance of the funding from the Seatbelt Enforcement Incentive Program which ran from June 13 to September 18, 2002. This program provided $1,000.00 equipment funding for every 100 seatbelt violation citations written during the program period. Kent police officers wrote 401 seatbelt violation citations; qualifying for $4,000.00 for traffic enforcement equipment. 3. EXHIBITS: Copy of award letter dated 9/26/02 and copy of letter from KPD to WTSC dated 9/19/02 4. RECOMMENDED BY: Public Safety Committee 11/12/02 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 i4 STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S Cherry St, PO Box 40944,• Olympia, Washington 9,9504-0944 • (360) 753-6197 September 26, 2002 Captain Michael Painter Kent Police Department 220 Fourth Avenue South Kent, WA 98032-5895 Dear Captain Painter Based on the grant request you submitted and your participation in the Washington Traffic Safety Commission seat belt incentive program, funding is approved not to exceed $4,000 to use towards the purchase of traffic enforcement equipment that will be used in conjunction with your agency's on-going traffic safety education projects This item(s) should be purchased using your agency's normal procurement channels. As with most of our grants, your agency must purchase and be billed for the necessary item(s) and submit for reimbursement not later than 60 days from this date I have detailed the order/reimbursement procedure below 1 Your agency must be billed for the items and/or service 2. Upon receipt of a vendor billing(s), your agency must submit for reimbursement using the enclosed Invoice Voucher, A19-IA Form Submit the voucher and a duplicate copy of your billing invoice to WTSC for reimbursement Please note that we cannot accept a FAX We must have your agency identified as the"Claimant", a Federal Tax ID# and an original signature of the agency head or contracting officer on the A-19 form. 3. Upon receipt of the above, your agency/junsdiction will be reimbursed Either party may terminate this agreement upon (30) days written notice to the other party In the event of termination of this agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination Thank you for your participation in the state's traffic safety improvement projects Please feel free to contact me if you have any questions. Sinc erely' , l Program Manager (360) 753-0877 award(a,wtsc wa goy 40 • KENT WASNINGTON • POLICE Ed Crawford Chief of Police Phone 253-856-5890 September 19, 2002 Fax 253-856-6802 Michael S Painter Captain, Patrol Division 253-856-5820 Mr. Les Pope 220 Fourth Ave S Washington State Traffic Safety Commission Kent,WA 98032-5895 1000 South Cherry Street P.O. Box 40944 Olympia,WA 98504 —0944 Dear Mr. Pope, This request is for Traffic Safety funds granted through the Seat Belt Enforcement Program that you discussed with Mike Buckingham, on behalf of our agency, earlier today. As you will see through the attached spreadsheets, from June 13, 2002 to September 18, 2002 the Kent Police Department issued 401 (four hundred one)Notices of Infraction for R C W. 46 61 688 Based on this, the Kent Police Department is requesting commensurate remuneration in grant monies to be used to purchase traffic enforcement equipment The contact person for administering this mini-grant will be Debra Leroy. If you have any questions, feel free to call either Debra Leroy at 253 856- 5656 or me at 253 856-5820. Thank you for your consideration Sincerely, Captain Michael Painter Kent Police Department Cc: Debra Leroy,-- Mike Buckingham Kent City Council Meeting Date November 19, 2002 Category Consent Calendar I SUBJECT: WASHINGTON STATE TRAFFIC SAFETY COMMISSION GRANT FOR DUI/SEAT BELT—ACCEPT AND AMEND BUDGET 2 SUMMARY STATEMENT: Accept funding from WTSC for the November DUI/Seat Belt Overtime Funding covering the "Drive Hammered—Get Nailed" Campaign. The amount of funding is based on agency size and on a first-come basis, with our size agency eligible for $8,000.00. Per the grant, the allowable use of funds will be for overtime salaries of commissioned personnel in direct support of operational activity. The statewide traffic enforcement blitz will take place from November 18 through January 2, 2003. Kent PD plans enforcement activities from 11/23/02 through 12/30/02 . The Kent Police Department has participated in regional and state traffic safety enforcement activities for many years. 3. EXHIBITS: copy of WSTSC Notification for November DUI/Seat Belt Overtime • Funding 4. RECOMMENDED BY: Public Safety Committee 11/12/01 (3-0) (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. 6P - �;J cT RE7 w STATE OF WASHINGTON hE"J i P(&1(,FF ci WASHINGTON TRAFFIC SAFETY COMMISSION v1/ )400 5 Cherry S1, PO Sox 4 944 " Olympia, Washington 98504-0944 • (360) 753-6197 V� October 17, 2002 TO Washington State Law Enforcement Agencies FROM Dick Nuse and Angle Ward, Program Managers Penny Nerup, Police Traffic Services Program Manager RE Revised dates for"Drive Hammered-Get Nailed" Campaign On October 1, 2002 the Washington Traffic Safety Commission offered overtime grant funding for a seat belt and DUI enforcement campaign called "Drive Hammered —Get Nailed". The original memorandum stated that enforcement activity would occur between November 18, 2002 and December 1, 2002 This memorandum is to advise you that those enforcement dates have been extended to between November 18, 2002 and January 2. 2003. To reflect this change, the final date for reimbursement has also been changed from January 10, 2003 to February 7. 2003. Nothing else in the original memorandum has changed A new Memorandum of Understanding that contains the changed dates is attached Be sure to use the new form when you apply for these funds Please remember that the focus of this campaign remains on enforcement of both seat belt and DUI laws If you have questions, please contact Dick Nuse at 360 664 8426 or by email at dnuse((�wtsc wa gov or contact Angie Ward at 360 753 0877 or by email at award(a)wtsc wa qov a ,, ip • A completed Invoke Voucher, A19-IA Form(attached) Please note that we cannot accept a FAX, We must have your agency identified as the"Claimant", a Federal Tax ID # and an original signature of the agency head, command officer or contracting officer on the A-19 form. • Payroll support documents such as signed overtime slips or payroll/expense records showing rate of pay or payments made • Activity Logs for every shift • A summary sheet of all activity during the entire mobilization to include contacts, number of citations and arrests (by type listed on Activity Log) for each day Contact Information/Ouestions- Please contact Angie Ward (360) 753-0877, awardawise wa goy or Dick Nuse (360) 664-8426 dnuse@wtsc wa gov if you have any questions Attachments Memorandum of Understanding Activity Log A19-1A Invoice Voucher Sample grant request letter 2. Funding Guidelines - Funding will be on a"reimbursement"basis and requires submission of a state invoice voucher (Fort A19-lA— attached) upon completion of activity Support documents for reimbursement must include signed overtime slips or payroll/expense records showing payments made and officer activity logs demonstrating performance. • Performance standards for funded personnel are a minimum of three (3) self- initiated contacts per hour This is a DUI enforcement activity with"zero tolerance" for seat belt violations It is expected that Notices of Infraction (NOI's) for seat belt/child car seat violations will be issued at contact unless circumstances dictate otherwise It is understood that violator contacts may result in related, time-consuming activity Such activity will be considered for reimbursement Activity other than that initiated through emphasis patrol contact (investigating collisions, emergency responses, etc) will be the responsibility of the contracting agency and may not be considered for reimbursement. • Allowable use of funds will be for overtime salary (@ 1 5 times normal rate), and wages and benefits of commissioned personnel in direct support of operational activity No equipment purchases are authorized 3) Application for Funds— Application for funding must be received by WTSC by November 14, 2002 and must include the following elements: a A grant letter requesting overtime funding The letter must contain the following four elements (See attached sample letter) • A schedule of planned enforcement dates during the November 18—December 1 mobilization, which may be changed later due to operational requirements, and the number of personnel committed to each date, • The amount of funds requested, • The designation of a single"point of contact" for the purposes of the project management, administration and activity reporting, and • The designation of a single "point of contact" for media and public education purposes (May be the same as the project manager) b A signed Memorandum of Understanding (attached) 4. Funding Approval— A copy of the approved MOU will be returned to your agency prior to planned activity. 5. ReimbursemenVReporting- To receive reimbursement, the following must be submitted to WTSC no later than January 10, 2003 c � s STATE OF WASHINCTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S Cherry St, PO Box 40944 • Olympia, Washmglon 99504-0944 - (360) 753-6197 October 1, 2002 TO: Washington State Law Enforcement Agencies 3-FLAGS Participants FROM: Dick Nuse and Angie Ward, Program Managers RE: November DUI/Seat Belt Overtime Funding for the "Drive Hammered-Get Nailed" Campaign Based on the success of the "Click-It Or Ticket" (CIOT) enforcement campaign, the Washington Traffic Safety Commission is offering overtime grant funding for another mobilization in November The emphasis areas for this overtime funding are DUI and seat belt law enforcement. The goals of this program are to save lives and prevent serious injuries on Washington's roadways by decreasing the number of DUI drivers and by increasing the seat belt usage rate. Because of law enforcement's active participation in the CIOT campaign the seat belt use rate has jumped from 83%to 93%1 It is our hope that this same formula of heavy enforcement coupled with heavy media will decrease our DUI problem just as dramatically The enforcement activity will begin on November 18, 2002 and extend through December 1, 2002 The WTSC will purchase media spots that will air before the enforcement begins to promote the program and to attempt to educate motorists. 1. Eligibility— All state, county, local and tribal law enforcement agencies are eligible and encouraged to participate in this project The use of commissioned reserve officers is approved as long as a pay structure exists Funding availability is on a first-come basis based on agency size and the number of full-time commissioned personnel as follows. # of Commissioned Officers May request funding up to: 1-10 $2,000 11-50 $3,000 51-100 $5,000 101+ $8,000 Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE DIVISION OF ALCOHOL AND SUBSTANCE ABUSE GRANT —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept grant funding in the amount of$60,200.00 from Washington State DASA. This is the second phase of the current RUaD (Reduce Underage Drinking) grant effective October 1, 2002 through June 30, 2004. The first phase of the RUaD Grant was effective from July 2000 through September 2002 and was managed through the WA State Liquor Control Board. The City of Kent Drinking Driver Task Force has been included in this Office of Juvenile Justice and Delinquency Prevention (OJJDP), Enforcing the Underage Drinking Laws discretionary grant. The WA State DASA is the lead agency (Contractor) on this grant. 3 EXHIBITS: copy of interlocal agreement (agreement submitted to Legal Dept. for . approval) and memo from Nancy Matthews, DDTF, dated 11/5/02 4. RECOMMENDED BY: Public Safety Committee 11/12/02 (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6Q POLICE DEPARTMENT Ed Crawford, Chief of Police . Phone 253-8565888 Fax 253-856-6802 K EN T Address 220 Fourth Avenue S W d5HIN 6TON Kent,WA 98032-5895 Memorandum DATE November 5, 2002 TO Public Safety Committee FROM Nancy Mathews CC RE Under Age Drinking Grant Summary Effective Dates of the Washington State Division of Alcohol and Substance Abuse (DASA) grant October 1, 2002 through June 30, 2004 (21 months) i Salaries &Benefits $22,294 00 ale Program Management Officer Training (MIP, fake ID, underage drinking) Compliance Checks (underage sales of alcohol) Emphasis Patrols (underage drinking) Travel & Subsistence $ 4,400 00 For Management to attend required conferences and meetings Professional Services $ 3,900 00 Coordination of Project Evaluation with DASA and OJJDP Goads and Services $29,606 00 "Game of Life" Youth Conference and Follow-up Support Youth-driven Spring "RuaD"Projects 2003 and 2004 Grant Total $60,200 00 INTERLOCAL AGREEMENT DSHS CONTRACT# sh,rr��pprun Smre RTIItTIT OF470—mmA, L GHEALTHEav,.,, RUaD Kent Police Department This Agreement is by and between the State of Washington Program Contract Number Department of Social and Health Services (DSHS) and the Contractor Contract Number Contractor identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39 34 RCW. CONTRACTOR NAME CONTRACTOR DBA Cit of Kent Kent Police Department CONTRACTOR ADDRESS CONTRACTOR SOCIAL SECURITY NUMBER OR FEDERAL EMPLOYER 220 4" Avenue S. IDENTIFICATION NUMBER(mandatory,for tax purposes) Kent, Washington 98032 91-6001254 CONTRACTOR CONTACT TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Chief Ed Crawford 253-856-5883 nmathews@ci.kent.wa.us DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE HIRSA IDASA 4000 DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Michael Langer, Division of Alcohol and Substance Abuse Prevention Supervisor Post Office Box 45330 Olympia, Washington 98504-5330 DSHS CONTACT PHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS (360) 438-8096 (360) 438-8057 langeme@dshs.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACTS CFDA NUMBERS Yes X No 1 16.727 CONTRACT START DATE CONTRACT END DATE MAXIMUM CONTRACT AMOUNT 10/01/02 06130l04 $60,200 ATTACHMENTS. When the boxes below are marked with a check (✓) or an X, the following Exhibits are attached to and incorporated into this Interlocal Agreement by reference x Exhibit A. Statement of Work x Additional Exhibits (specify) Exhibit B,Strategies; Exhibit C, Budget This Interlocal Agreement, including all Exhibits and other documents attached or incorporated by reference, contains all of the terms and conditions agreed upon by the parties No other understandings or representations, oral or otherwise, reqarding the subject matter of this Interlocal A reement shall be deemed to exist or bind the parties CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Sheryl Turner, Contracts Administrator Division of Alcohol and Substance Abuse Q 1TEMPLATE1lnterlocal Agreement—2001 dot DSHS Central Contract Services Interlocal Agreement (2-26-99)Rev 5-9.00 Kent RuaD Draft 10/31/02 Changes not to exceed a cumulative 10 percent may be made by the contractor in each expenditure line Item of the contract budget without a contract amendment, provided that the Contractor shall notify DSHS Division of Alcohol and Substance Abuse (DASA)of the changes by letter within 10 days. All other changes in excess of a cumulative 10 percent in each expenditure line Item must receive prior DSHS/DASA approval by amendment to the contract budget Provided further, that Indirect costs cannot be modified without a bilateral amendment 5 Governance a The provisions of this Interlocal Agreement are severable. If any provision of this Interlocal Agreement Is held Invalid by any court, that Invalidity shall not affect the other provisions of this Interlocal Agreement and the Invalid provision shall be considered modified to conform to existing law. b In the event of an Inconsistency in the terms of this Interlocal Agreement, or between Its terms and any applicable statute or rule, the inconsistency shall be resolved, by giving precedence, in the following order to • Applicable federal and state law, regulations, and rules, • Exhibit A (if any); • Any other provision of this Interlocal Agreement, and • Any document incorporated by reference. C. In the event of a lawsuit involving this Interlocal Agreement, venue shall be proper only in Thurston County, Washington d The Contractor shall comply with all applicable non-discrimination and other local, state and federal laws, regulations and rules 6 Indemnification The Contractor shall be responsible for and shall indemnify and hold DSHS harmless from all claims resulting from the acts or omissions of the Contractor and any Subcontractor DSHS shall be responsible and shall indemnify and hold the Contractor harmless from all claims resulting from the acts or omissions of DSHS. 7 Inspection: Maintenance of Records During the term of this Interlocal Agreement and for one year following termination or expiration of this Interlocal Agreement, the Contractor shall give reasonable access to the Contractor's place of business and client and Contractor records to DSHS and to any other 4DPage 3 QITEMPLATEIIntedocal Agreement—2001 dot DSHS Central Contract Services Interlocal Agreement(2-26.99)Rev 5-9-00 Kent RuaD Draft 10/31/02 11 Alteration. Amendment. and Waiver This Agreement may be amended only by a written amendment signed by both parties. Only the DSHS Contracting Officer may waive any provision of this Agreement on behalf of DSHS 12 Disputes Disputes shall be determined by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute ,Board shall review the facts, contract terms, and applicable statutes and rules and make a determination of the dispute. As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17 330, in which event the Governor's process shall control. Participation in either dispute process shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties. 13 Termination a If the funds DSHS relied upon to establish this Interlocal Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSHS may immediately terminate this Interlocal Agreement by providing written notice to the Contractor The termination shall be effective on the date specified in the notice of termination. b Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. 14 Assignment The Contractor shall not assign all or any portion of this Interlocal Agreement to a third party. 15 Waiver of Default If DSHS waives any breach of this Agreement by the Contractor on any occasion, such waiver shall not be deemed to be a waiver of any subsequent breach of this Interlocal Agreement by the Contractor. 16 Subcontracting Except as otherwise provided in this Agreement, the Contractor may subcontract for any of the contracted services with the prior, written approval of DSHS The Contractor shall be responsible for the acts and omissions of any subcontractor. Page 5 Q ITEMPLATEIInterlocal Agreement—2001 dot DSHS Central Contract Services Interlocal Agreement (2-26-99) Rev 5-9-00 Kent RuaD Draft 10/31/02 Exhibit A Statement of Work Kent Police Department Enforcing Underage Drinking Laws Office of Juvenile Justice and Delinquency Prevention (OJJDP) FY2002 Discretionary Grant 10/1/02 to 6/30104 The contractor will ensure that the Kent Dnnkmg Driver Task Force RUaD program contains the following elements. • A broad based coalition, including representatives from,but not limited to, the following ➢ Local law enforcement ➢ Washington State Liquor Control Board ➢ Student organizations ➢ Neighborhood association(s) ➢ Alcohol-related businesses • Youth involvement in the planning, design, implementation, and evaluation of the coalition's plan. • A project coordinator to manage and participate in the overall development of goals and objectives, administer sub-grants, collect and analyze data, problem-solve, and implement their plan. • Collaboration with the local representatives of the state prevention system, which includes contractors/staff of DASA, the Department of Community, Trade, and Economic Development, the Department of Health, and the Office of the Superintendent of Public Instruction. • Methodology and technology to collect data, establish baselines, and track changes in a number of areas, as listed in the report section below • A presentation about the program to the Washington State Coalition to Reduce Underage Drinking (RUaD) committee. • Representation at the Washington State Prevention Summit in 2003 • Implement strategies as descnbed in Exhibit B Note. WSLCB agents and minor operatives involved in these strategies will be paid by WSLCB directly up to $9,800 Products Any material production must be submitted for pnor approval to DASA OJJDP requires that their logo appear on the front of any wntten materials DASA requires that the DSHS logo appear also Billing Invoice vouchers for payment must be prepared monthly and must be received by DASA by the 1 Oth of the month following the billing penod. QITEMPLATEIInterlocal Agreement—2001 dot DSHS Central Contract Services Interlocal Agreement(2-26-99) Rev 5-9-00 Kent RuaD Draft 10/31/02 Exhibit B Strategies Kent Police Department Enforcing Underage Drinking Laws Office of Juvenile Justice and Delinquency Prevention (OJJDP) FY2002 Discretionary Grant 10/1/02 to 6/30104 The contractor will implement the strategies as described in the following chart in order to reduce underage drinkin Problem 1. Availability of Alcohol to Youth Objective Strategy Evaluation Indicator(s) Objective 1.1. Strategy 1.1.a Vigorous use of Number of compliance checks To decrease compliance checks Kent Police will completed per quarter access to alcohol continue to work with the WSLCB through Kent Enforcement Office to perform Percentage of businesses that enforcement of compliance checks at establishments successfully pass compliance minimum of local liquor licensees. Teams checks purchase age laws consisting of one of each: liquor aimed at retailers agent,police officer, and youth Qualitative feedback from operative, will conduct compliance WSLCB agents, operatives, and checks every other month over 21 Kent Police regarding months. effectiveness of compliance checks Strategy 1.1.11b Community support Number of appreciation letters for enforcement. Warning letters will Number of improvement letters. be sent from the Chief of Police to Number of repeat offenses. establishments that fail three compliance checks, establishments that pass three consecutive compliance checks will receive a letter of appreciation Objective 1.2. Strategy 1.2.a Enforcement of Number of officers receiving To improve minor in possession jMIP1 of alcohol training in MIP, fake ID, Blood enforcement of laws Officers will receive minor in Alcohol Content, Standard Field laws related to possession law training, do walk- Sobriety Tests. minimum through emphasis of liquor purchase age and establishments; and special emphasis Qualitative feedback from in- underage drinking of identified problem drinking areas. service training. laws that already exist Number of walk-through and problem drinking area enforcement efforts; citations/ warnings issued or Field • Internews with individuals Q\TEMPLATE\Interlocal Agreement—2001 dot DSHS Central Contract Services Interlocal Agreement(2.26-99) Rev 5-9-00 Kent RuaD Draft 10/31/02 Strategy 2.2.b Advertising that Number of social norms promotes accurate alcohol-free norms marketing ads produced and that exist among most youth Theater placed in local theaters. media campaign will rim Kent- produced "ad" supporting alternative Conference workshop(s)will choices to alcohol use. solicit feedback on effectiveness of ads Objective 2.3 To Strategy 2.3.a Youth commitment to Structured feedback from youth increase youth n_ro-social activities Twenty-five participating on Youth Board commitment to youth will meet twice monthly for academic training,program planning and Commitment of Youth Board performance, implementation of underage drinking through attendance records school activities, community events volunteensm, and faith-based activities Problem 3. Insufficient Enforcement of Impaired Driving Laws for Youth Objective Strategy Evaluation Indicator(s) Objective 3.1. Strategy 3.1.a Resources for local Qualitative feedback from To increase the law enforcement for expanded officers regarding the success number and enforcement activities Kent police and effectiveness of emphasis effectiveness of will receive funds to conduct special activities impaired driving emphasis walk-throughs and patrols efforts focusing to target emerging locations (retail or Number of MEN issued on underage social) where youth are congregating people. to drink. Strategy 3.I.b Responsible beverage Number of businesses requesting service techniques that can reduce on-premise server training sales to minors and to intoxicated persons Number of businesses requesting WSLCB Kent will offer business unit off-premise server training training for sales personnel, owners and managers of establishments who Qualitative feedback from receive citations during compliance WSLCB agents regarding checks. success and effectiveness Problemo. d Objective Strate Evaluation Indicator s QITEMPLATEVriterlocal Agreement—2001 dot DSHS Central Contract Services Interlocal Agreement(2-26-99)Rev 5-9-00 Kent RuaD Draft 10/31/02 Exhibit C Budget Kent Police Department Enforcing Underage Drinking Laws OJJDP FY2002 Discretionary Grant 10/1/02 to 6/30/04 Budget Category Amount Salary and Wages $19,656.00 Fringe Benefits $2,638 00 Travel $4,400 00 Contractual Services $3,900 00 Goods and Services $29,606.00 TOTAL PROJECT COSTS $60,200.00 Q\TEMPLATE\Interlocal Agreement—2001 dot DSHS Central Contract Services Interlocal Agreement(2-26-99) Rev 5-9-00 47teEEM�{6 CONTRACTOR INTAKE SERVICES This form is NOT a contract but must be completed by the Contractor in order to receive a contract from DSHS. 1. CONTRACTOR INFORMATION. CONTRACTOR NAME CONTRACTOR DBA(IF ANY) CONTRACTOR CONTACT PERSON CONTACT PERSON PHONE CONTRACTOR ADDRESS CONTRACTOR PHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS FACILITY ADDRESS(If Applicable) BILLING ADDRESS(If Applicable) What is your business Employer Identification Number(EIN)? If Is your fiscal year the same as the calendar year(January you do not have an EIN,what is your Social Security Number? through December)? EYes ENO (mandatory, for tax purposes) If not,what is your fiscal year? Start End What is your Washington State Uniform Business Identifier(UBI) If you do not have a UBI Number, state why you are exempt from Number? (Please attach a copy of your Washington State registering your business with the Stale of Washington business license) Have you had any contract to provide services terminated for default? If so, please attach a list of each terminated contract with an explanation of the situation involved 2. How is your business organized? (see instruction page for explanation of terms) ❑ Sole Proprietor ❑Corporabon,for profit ❑ Corporation,non-profit(attach ❑Governmental Entity copy of 501(c) status) ❑ General Partnership ❑ Limited Partnership ❑ Limited Liability Partnership ❑ Limited Liability Company 3. Do any of the following descriptions apply to your business? If so, please check those that apply. ❑ Certified,for profit Minority-Owned Business Enterprise ❑ Certified,for profit Woman-Owned Business (MBE) Certification Number. Enterprise(WBE)Certification Number. ❑ Non-certified,for profit Minority-Owned Business Enterprise(MBE) El Non-certified,for profit Woman-Owned Business Enterprise(WBE) ❑ Community-Based Organization (CBO)(25%of the Board of ❑ Owned by person(s)with disabilities Directors of the CBO are mmonties representing the population whom the CBO serves) ❑ None of the above apply DSHS Central Contract Services Contractor Intake(1-21-00) Page 1 ETHICS CERTIFICATION FOR CURRENT STATE EMPLOYEES CONTRACTOR NAME SERVICES THE CONTRACTOR WILL PROVIDE CURRENT STATE OFFICER/EMPLOYEE NAME CURRENT STATE EMPLOYER TITLE OF YOUR STATE JOB 1 hereby certify that the following statements are true: I am a current employee, member, manager, officer, director, and/or partner of the above-named contractor, My role with the above-named contractor is not in conflict with the proper discharge of my official duties as a state officer or employee AND ONE OF THE FOLLOWING IS ALSO TRUE: 1 1 will not receive any thing of economic value under the contract as defined in RCW 42,52 010 (20), OR 2 1 have complied with RCW 42 52 030 (2); OR 3 1 meet all of the following conditions: a The contract is genuine and I will actually perform work under the contract. b Performance of the contract is not within the course of my actual duties or under my direct supervision In my capacity as a state officer or employee c Performance of the contract will not require me to reveal any confidential information or cause me to violate any state agency rules pertaining to outside employment. d. The contract is neither performed for nor compensated by someone from whom I am prohibited from accepting a gift (those prohibited gift givers include all persons who are regulated by DSHS) e The contract is not one expressly created or authorized by me in my official capacity as a state officer or employee I certify, under penalty of perjury as provided by the laws of the State of Washington, that the statements made in this Ethics Certification are true and correct, and that I will notify DSHS of any changes in any statement. State Officer/Employee Signature Date Printed Name Title DSHS Central Contract Sernces Contractor Intake(1-21-00) Page 3 DSHS Contract Number NAME Doing business as(DBA) ADDRESS WASHINGTON UNIFORM FEDERAL EMPLOYER BUSINESS IDENTIFIER(UBI) IDENTIFICATION NUMBER This certification is submitted as part of a request to contract The applicable Procurement or Solicitation Number, if any, is Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION Federal regulations require contractors and bidders to sign and abide by the terms of this certification,without modification, in order to participate in certain transactions directly or indirectly involving federal funds 1 By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below 2 The certification in this clause is a matenal representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment 3 The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances ' 4 The terms covered transaction, debarred, suspended, ineligible,lower tier covered transaction, participant,person, primary covered transaction, principal, proposal, and voluntarily excluded,as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations 5 The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,subpart 9 4,debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated 6 The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled 'Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions 7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9 4,debarred,suspended,ineligible,or voluntarily excluded from covered transactions, unless it knows that the cerbfication is erroneous A participant may decide the method and frequency by which it determines the eligibility of its principals Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs 8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 9 Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9 4, suspended, debarred, ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--LowerTier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither It nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2)Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Bidder or Contractor Signature Date Print Name and Title DSHS Central Contract Services Debarment Certification(12-13.00) Kent City Council Meeting Date November 1% 2002 Category Consent Calendar I. SUBJECT: CLARK LAKE OUTFLOW RESTORATION GRANT —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks, Recreation and Community Services Director, accept the National Fish and Wildlife Foundation and King County Water Works Program grants totaling $30,000 and amend the Clark Lake Outflow Restoration Grant budget. 3 EXHIBITS: Award letter and copy of agreement with King County 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $30.000.00 SOURCE OF FUNDS: National Fish & Wildlife Foundation and K C. Water Works Program Grants 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: 40 ACTION: Council Agenda Item No. 6R k`�,�,dW,ldj P o o n 7 a � u 111 A 806 Southwest Broadway Suite 750 Portland, OR 97205 (503) 417-8700 (503) 417-8787 www nfwf org May 13, 2002 Perry Brooks City of Kent Parks 220 4th Ave So Kent, WA 98032 Dear Mr Brooks We are pleased to advise you that the National Fish and Wildlife Foundation and King County WaterWorks have approved a Community Salmon Fund grant of$30,000 to the City of Kent to support the Claik Lake Outflow Restoration (WA) project As you know, the Foundation was created by Congress and receives congressional oversight It is our policy, therefore, to give priority for press announcements to the appropriate congressional offices We ask that you refrain from making your own announcement for seven days following receipt of this letter If you have any questions about this policy, please contact Jennifer Taylor at 503-417-8700 immediately In the next few weeks, Jennifer Taylor will be generating a grant agreement and will contact you with any questions Please feel free to contact Jennifer in the meantime with any concerns On behalf of the Board and staff of the National Fish and Wildlife Foundation, I wish you the best of luck with your project Sincerely, n Krystyna U Wolmakowski, Director Pacific Northwest Region prrnled nn recTdad prgxr 2001-0402-002 CON NATIONAL FISH AND WILDLIFE FOUNDATION STATE AND LOCAL GOVERNMENT GRANT AGREEMENT PROJECT (#): Clark Lake Outflow Restoration(WA) (2001-0402-002) � Please reference project title and number on all correspondence GRANTEE: City of Kent GRANT PERIOD: 06/01/2002 to 06/01/2003 GRANT AWARD: $15,000 in FEDERAL MATCHING FUNDS Source of Federal Funds U S Fish and Wildlife Service $15,000 CHALLENGE FUNDING (Provided by King County WaterWorks) $15,000 �(JOD Section 1. PURPOSE OF GRANT NFWF agrees to provide this Grant Award to the Grantee for the purposes of satisfactonly performing the Protect described in a proposal received by NFWF on 01/31/2002, as amended, and incorporated into this Agreement by reference The Project is described as follows 11 Protect Description The Grantee will remove non-native species and barriers to salmon migration, and rehabilitate the outflow stream bed to Clark Lake 1 2 Final Product(s) This project will result in the reintroduction of salmon into Clark Lake and the enhancement of three acres of riparian habitat Section 2. GRANT CONDITIONS For conforming to the terms of this Agreement and all referenced attachments,the National Fish and Wildlife Foundation(NFWF)agrees to provide up to $15,000 in Federal Matching Funds and$15,000 in Challenge Funds(provided by King County WaterWorks)to the City of Kent 2 1 Challenge Funds Challenge Funds consist of cash or contributed goods and services raised for the Project Funds qualifying as Challenge Funds for the purposes of releasing Federal Matching Funds must meet the following three criteria 1)Challenge Funds must be non-federal in nature, 2) Challenge Funds must be committed directly to the Project, and 3)Challenge Funds must be voluntary in nature,please see NFWF's website at<http//www nfwf org/programs/grant manage htm>for more information Funds presented for fulfillment of mitigation, restitution, or other permit or court-ordered settlement are not eligible, except on a case-by-case basis at NFWF's sole discretion Challenge Funds, held by NFWF on 1 behalf of the Project, are available to the Grantee as they are received and documented by NFWF(Grantee may include an invoice for Challenge Funds in the same submission as the documentation of Challenge Funds) Z 2 Documentation of Challenge Not applicable 2 3 Restrictions on Use of Funds No Funds, Challenge or Federal Matching,provided for this Grant may be used to support litigation expenses or lobbying activities 2 4 Additional Conditions None Section 3. PAYMENT OF FUNDS To receive funds,the Grantee must provide NFWF with 1) an original executed copy of this Agreement, 2)receipt/documentation of Challenge Funds, 3)signed, original invoice from the Grantee requesting payment, and 4)required financial and programmatic reports Failure to provide information required by this Agreement may delay the payment of invoices 3 1 Invoice for Payment Grantee may request disbursement of funds by submitting an original dated invoice on the Grantee=s letterhead bearing an authorized signature Facsimile copies or electronic mail are not acceptable Grantee may request advance payment of Federal Matching Funds prior to expenditure provided 1) Grantee demonstrates an immediate need for advance, and 2)Grantee documents expenditure of advanced funds on the next required financial report to NFWF Approval of any advance payment of Federal Matching Funds is made at the sole discretion of NFWF, based on an assessment of the Grantee's needs and ability to meet cash management requirement,including the handling and reporting of interest(Section 5 3) In all other cases, Federal Matching Funds are disbursed on a reimbursable basis as expenditures are documented on the Financial Reporting Form(Attachment A)and according to the approved Grant ratio (Section 2) 32 Release on Completion NFWF reserves the right to retain twenty percent(20%) of Federal Matching Funds until submission and acceptance of the Final Report Section 4. REPORTING REQUIREMENTS It is the responsibility of the Grantee to keep NFWF and other Project donors informed of Project progress Required reports are outlined below Please submit Programmatic Reports by both hard copy and e- mail. 41 Financial Reporting Forms (DUE QUARTERLY) A Financial Reporting Form (Attachment A) reporting cumulative receipts and expenditures made under this Project is required quarterly, as required by federal regulations (see dates below) Failure to submit Financial Reporting Forms in a timely manner will delay payment of submitted invoices Expense information will be presented in comparison with the approved budget and must clearly indicate what portion of specific budget items were funded by Federal Matching Funds and which were funded by Challenge Funds If the Grantee has neither received nor expended funds for the Project at the time a Financial Reporting Form is due, the Grantee will submit in writing a brief report that indicates that no financial activity has occurred. In the event that Federal 2 Matching Funds were advanced and interest was earned, such interest must be reported A sample reporting form is provided as Attachment 42 Programmatic Reports (DUE 2nd and 4th QUARTER) Programmatic Reports are required semi-annually and consist of written statements of Project accomplishments since Project initiation, or the last reporting period No separate Programmatic Report is required for the quarter in which the Final Report is submitted 4 3 Final Reports (DUE WITHIN 30 DAYS AFTER END OF GRANT PERIOD) Within 30 days of completion of the Project, the Grantee will submit a Final Report that includes 1) a Final Financial Reporting Form accounting for all receipts, Grant expenditures, and budget vanances (if any) compared to the,approved budget, and 2) a Final Programmatic Report summarizing and evaluating the accomplishments achieved during the term of the Grant The Final Report should be mailed and submitted via e-mail to NFWF Project Officer A representative number of color 35mm slides depicting the Project and copies of all publications,press releases and other appropriate "products" resulting from the Project should also be provided to NFWF as part of the Final Report For projects involving land acquisition, a copy of the deed and other information is required (see "Land Acquisition Requirements" attachment) If you need more information on how to prepare a Final Programmatic Report,please contact NFWF Project Officer Any requests for extensions of this Final Report submission date must be made in wnting to NFWF Project Officer and approved by NFWF in advance 4 4 Reporting Dates Please submit required reports by Reporting Dates 1. 12/31/2002 Financial 2. 03/31/2003 Financial and Programmatic 3. 07/01/2003 Final Financial and Final Programmatic Grantee is encouraged to communicate early and in writing with NFWF about potential problems with providing reports on a timely basis Inaccurate or incomplete reports will delay payment of invoiced funds Failure to provide complete and timely reports will be considered a breach of this Agreement Grantee should contact NFWF Project Officer with any questions Section 5. FINANCIAL/ADMINISTRATIVE RESPONSIBILITIES 5 1 Cash Management of Federal Funds This Grant consists of S 15,000 in Federal Matching Funds provided to NFWF by the U S Fish and Wildlife Service Accepting these funds renders the Grantee subject to all terms and conditions of relevant OMB Circulars, such as allowable costs and cost principles (Section 12) Grantee's financial management system must comply with internal control requirements including,but not limited to, cash receipts, cash disbursements,indirect costs,procurement,labor costs, and interest tamed on federal funds In addition,the Grantee must comply with all applicable federal laws and regulations imposed on individuals and organizations receiving federal funds, including,but not limited to, equal opportunity employment, the Americans with Disabilities Act, and drug-free work place requirements 5 2 Assignment and Sub-Grants Grantee may not assign this Agreement, in whole or in part, to any 3 other individual or organization without the written consent of NFWF Grantee is responsible for informing all sub-grantees that funds provided consist of federal funds and that all sub-grantees must comply with all conditions of this Agreement, including applicable federal laws and regulations imposed on individuals and organizations receiving,federal funds Such notice is not required for purchase of supplies, equipment, or general support services 5 3 Interest Earned on Federal Funds Should the Grantee receive advance payment of Federal Matching Funds, the Grantee must place funds in an interest-bearing,federally-insured bank account, subject to OMB provisions Grantee may request that all, or part, of the interest earned on Federal Matching Funds be applied to the Project provided that the Grantee submits for approval 1)a written request to NFWF describing the amount of interest to be applied and the purposes for which the interest will be used, and 2) an amended budget Determination of whether such interest can be,applied to the Project is at the sole discretion of NFWF Any and all interest earned on Federal Matching Funds not approved by NFWF to be retained for the purposes of the Project must be returned to NFWF upon submission of the Final Report Grantee will submit a check payable to the "National Fish and Wildlife Foundation (2001-0402-002) " 54 Variances from Budget Grantee will report any line-item vanance in either the Challenge Fund or Federal Matching Fund portion of the approved Project budget (Attachment A)which exceeds ten percent (10%) of the total Challenge Funds or Federal Matching Funds,respectively Grantee must submit a written request to NFWF for approval of an amended budget, including explanation for the vanance(s) 5 5 Procurement Procedures All procurement shall be in conformance and compliance with OMB Circular A-87 (www whrtehouse gov/OMB/grants/#circulars) Grantee will establish procurement procedures to ensure against unnecessary or duplicative purchases 56 Supporting Documentation/Record Keeig In addition to the reporting requirements set forth in Section 4,the Grantee will keep records of all expenditures relating to this Grant Vouchers, consisting of time sheets, bills,invoices, canceled checks, receipts, etc , will be retained by the Grantee for three(3) years after the submission and acceptance of a final report by NFWF and will be available for inspection and audit by representatives of NFWF or the U S Government at any time during this period 5 7 Audit NFWF may, at its own expense,review, audit, or cause to be audited, the records of the Grantee insofar as they relate to activities supported by this Agreement Grantee will reimburse NFWF, at the Grantee's sole expense, the amount of any expenditures disallowed NFWF will provide written notice of any such expenditures so disallowed, and the Grantee will reimburse NFWF for such amounts within thirty(30)days of receipt of such notice 5 8 A-133 Audits If the Grantee expends a total of$300,000 or more in federal funds(all sources)in a given fiscal year, an OMB Circular A-133 single or program-specific audit report is required (www whrtehouse gov/OMB/grants/#circulars) The audit report must be completed and submitted to NFWF within nine months from the end of the Grantee's fiscal year in which funds were expended The appropriate Catalog of Federal Domestic Assistance (CFDA)number is referenced on Page 1 5 9 Unexpended Funds Any portion of the Federal Matching Funds not expended at the end of the Grant period will be returned to NFWF within thirty(30)days Any unexpended Challenge Funds, held by NFWF, will be returned to the respective donor(s)within sixty(60) days from the end of the Grant period 4 Section 6. PUBLICITY AND ACKNOWLEDGMENT OF SUPPORT Grantee agrees to give appropriate credit to the National Fish and Wildlife Foundation, U S Fish and Wildlife Service,King County WaterWorks, and all other Project donors for their financial support in any and all press releases,publications, annual reports, video credits,dedications, and other public communications regarding the services performed pursuant to this Agreement Grantee gives NFWF the right and authority to publicize NFWF's financial support for this Agreement and the Project in press releases, publications and other public communications Section 7. AMENDMENTS Should there be any material change in the purpose, character,method of operation,budget,personnel, sub-contractors, governance, or Grant period for the Project as approved by NFWF,the Grantee will provide timely written notice of these changes to NFWF This Agreement and referenced attachments set forth the entire understanding of the parties and may be modified only by a written instrument duly executed by both the Grantee and NFWF Section 8. TERMINATION Either party may terminate this Agreement'upon thirty(30) days written notice to the other party Failure to comply with the conditions of this Agreement is cause for NFWF to terminate In the event of termination prior to Project completion,NFWF will cancel all unpaid installments of the Grant NFWF agrees to pay all documented, non-cancelable commitments made by the Grantee prior to notice of termination NFWF will demand repayment of all Federal Matching Funds which have been advanced but not expended within forty-five (45) days Any Challenge Funds held by NFWF and remaining after payment of documented commitments will be returned to donors Section 9. NOTICE Correspondence between the parties should be addressed to the Project officers Grantee will notify NFWF concerning changes to contact, address, etc For NFWF Jennifer Taylor National Fish and Wildlife Foundation 806 SW Broadway, Suite 750 Portland,OR 97205 Phone 503-417-8700 Fax 503417-8787 E-mail taylor@nfwf org For Grantee Perry Brooks City of Kent 220 4th Avenue South 5 Kent, WA 98032 Phone 253-856-5114 Fax 253-856-6050 E-mail pbrooks@ci kent wa us Section 10. PATENTS AND COPYRIGHTS Grantee has the right to obtain patents and copyrights on any product created under this Agreement to the extent allowable by law NFWF reserves a non-exclusive,royalty-free,irrevocable right to reproduce, publish and otherwise use, and to authorize others to use, any and all products created under this Agreement for non-commercial educational and research purposes This provision shall survive termination of this Agreement Section 11. ADDITIONAL SUPPORT In making this Grant, NFWF assumes no obligation to provide further funding or support to the Grantee beyond the terms stated herein Contributions made to the Grantee under this Agreement do not by direct reference or implication convey NFWF endorsement of the Grantee's products or activities,or that of the U S Government All information submitted for publication or other public releases of information regarding this Project shall carry the following disclaimer "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U S Government or the National Fish and Wildlife Foundation Mention of trade names or commercial products does not constitute their endorsement by the U S Government or the National Fish and Wildlife Foundation" Section 12. ATTACHMENTS This Agreement requires the Grantee to have an understanding of,and compliance with the following referenced (marked)documents, incorporated herein as part of this Agreement I7 Project Budget/Financial Reporting Form(Attachment A) O Sample Financial Reporting Form(Attachment B) 0 Government Certifications ❑x OMB Circular A-87 (www whrtehouse gov/OMB/grants/#circulars) 0 OMB Circular A-102 (www whrtehouse Qov/OMB/grants/#circulars) 0 OMB Circular A-133 (www whrtehouse gov/OMB/grants/#circulars) Section 13. ARBITRATION All claims, disputes, and other matters in question ansing out of,or relating to,this Agreement,its interpretation or breach shall be decided through arbitration by a person or persons mutually acceptable to both NFWF and the Grantee Notice of the demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen The award rendered by the arbitrator or arbitrators shall be final 6 Section 14. LIABILITY AND INDEMNITY Nothing in this Agreement shall be construed as an indemnification by one party of the other for liabilities of a party or third persons for property loss or damage or death or personal injury arising out of and during the performance of this Agreement Any liabilities or claims for property loss or damage or for death or personal injury by a party or its agents, employees, contractors or assigns or by thud persons, arising out of and during performance of this Agreement shall be determined according to applicable law Section 15. NO WAIVER Failure of NFWF to enforce, or the delay by NFWF in enforcing, any of the terms and conditions of this Agreement shall not be deemed a continuing waiver or a modification to this Agreement unless the waiver is expressly written and signed by NFWF and the Grantee Section 16. SEVERABILITY If any provision of this Agreement is held invalid, illegal, or unenforceable by any court of final Iunsdiction, it is the intent of the parties that all other provisions of this Agreement be interpreted to remain valid, enforceable, and binding on the parties. Section 17. COMPLETE AGREEMENT This Agreement,including all referenced attachments, and documents delivered or to be delivered pursuant to this Agreement contain or will contain the entire Agreement between the parties hereto with respect to the transactions contemplated herein and shall supersede all previous oral and written and all contemporaneous oral negotiations, commitments, and understandings The Attachments hereto are incorporated by reference 7 001111 , Executed and made effective by an authorized representative of the National Fish and Wildlife Foundation By Ll� VA Date /0 Z Krystyna U Wolmakowski, Director Pacific Northwest Region The City of Kent acknowledges receipt of this Agreement and the referenced attachments for the Clark Lake OuYlow Restoration (WA) project#2001-0402-002 We have reviewed the terms of this Agreement, including the Government Certifications and referenced OMB Circulars, and we agree to comply with them We understand that failure to comply with all conditions listed herein and with all applicable federal laws and regulations is cause for NFWF to terminate this Grant By Date Title C\DOCUMENTS AND SETTRJGSUTAYLOR\DESKTOP\WORD TEMPLATES\STATE-GRANT CONTRACT DOC(revised 1112101) 8 Attachment A - NFWF Approved Budget and Financial Reporting Form Grantee City of Kent Project Name Clark Lake Outflow Restoration(WA) Project# 2001-0402-002 Grant Period June 1, 2002 to June 1,2003 Period Covered(award date -reporting end date) June 1, 2002 to INCOME RECEIVED BY GRANTEE FROM NFWF TO DATE Cash Challenge Fund rec'd to date from NFWF . b' ( ) s .4„�,=r.�"�Sv?.�i�`.Y'*�''-.?;: �m'•krgi'�r.�iE...s��'.r�i�.;.,'y NFWF Federal Matching Funds reed to date(from NFWF) Z ,( Interest Earned on Federal Funds by Grantee TOTAL $ r�G ?-SsYh`.qix;'t,`,.,.-,-lL �•=�K �; ",'':,r ^ EXPENSES INCURRED TO DATE Category and Total NFWF Grant Budget$ Columns must list all budget items as approved in the grant agreement The remaining columns(A, B, A+B)show onlythe expenses incurred to date against appropriate budget item Please note, financial reports must eflect the cumulative financial activity from the beginning of the grant to date Total NFWF Grant Actual Actual Expenses Total Actual Category as approved inBudget$ (per Approved Budget Expenses- Approved Budge[ NEW Federal Expenses budget' (e g salaries) category) Challenge Challenge(A) NFWF Federal (B) (A+ Contractual Services 8,000 4,000 �" 4,000 Equipment 1,000 500 $fl+ 500 Rc, yt Equipment Rental 5,000 2,50010 r I�a1 2,500 ' Supplies 3,000 1,500 1,500 WNW Materials 13,000 6,500fl 6,500 0191- TOTAL $30,000 $15,00o $15,000 � 5* Column A=NFWF Challenge Funds expensed to date PLEASE MAKE SEVERAL COPIES Column B =NFWF Federal Matching Funds expensed to date OF THIS FORM FOR FINANCIAL REPORTING TO THE FOUNDATION Grantee will be informed if they are receiving any Federal funds n5d=dy=„$`'l.q.; rrr= r in — ti«r.,yy: -�a4i1-..,m6i Y• u,"'-L.. Tir_ :i fr --_`�'e� � d„,Srg Complete all shaded areas,sign,and mail original to the Foundation with invoices and biannual programmatic reports -Please note,these must be listed as specific,identifiable categories "Miscellaneous"and acronyms not clearly explained are not acceptable d 9 Y Y N dEv� u 010 Cpn ` � ug w 1- Sou ' u p Jm Zv 5mo o $ pO a cc u o N u O p U S ,^ O O m U ]p n ] V U u ? 5 u U. °0� o ] 5 Z • C ] 9 C 8 -g 9 V O ° ` w t y C Y ° °� p H V m vOy� O u rJ V °-u .g y = N 5 7 v " ° c W W p a a e05 5 ` wa o 83 g Yw 5 0E �a a �S� a naCygg Y8 > � o � �< �pm� U � � 9 ° uemCw wz n S Y ; O N ry ry 0 C VV m C 5C N y.u Q O ] N y '.` p I W > a � y u u g g ° m Is. 5 " 040 u ' °7 u�80U O F- " > o nI" , 3 Z a ° g ,0,� > a a`=Z 6 5 $ Y 9¢ s a $ W w m 0 FO 5 ° Y ° �r � O pC' O^ S U ��3] Y j S O ° O p V U G W 6 w — w 'S 'y �+ C U U L F p v� a � � e � a � o s zaSS < o °u U g es E y � g • • • • o ♦ g �SU iv � alzi ns "°' u e 5 .. y:3 000 0 < 9 g O{ N 2c O urn F T 0 o p+ 9 u 000 O U yu ^� > Ca °y e Q " W4 79 W w0 � tl W o w w h 6 n6 9 y 0 0 0 O q w N N ul � w U W � K to Ir7 7 ,7a �n O r W 0 p en 9 qq h Q q Y o n ne n oo R Cc-3 Z u a o a v a h wt o y 'if 9 n ry wY a Z R OY Y N Vl N O G J b u i 9 O V°1 4 C-4 Qd m W p w6 a 9 C 9 /] 9 Cc, a. Zy .7L V7 L w h t MM1 3 W O .qYqi z r Z" U {L O Y V e C Y 9 v S U z d � zwY � � am d , Z o J q o e m U � W O aC wa � „n, Z K �' U' zw h U' MY UZ SH W OF v�LU F U U U' rq * u Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: KING COUNTY ARTS COMMISSION SPECIAL PROJECTS GRANT— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks, Recreation and Community Services Director, accept the $3,500 grant from the King County Arts Commission's Special Projects Program and amend the Kent Arts Commission budget accordingly. 3. EXHIBITS: Copy of agreement with King County Arts Commission 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $3,500 00 SOURCE OF FUNDS: King County Arts Commission Special Projects Program Grant 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6S rt„ tr7� � ( King County Contract No. D31629D Contractor's Federal Taxpayer ID No 1_(opp l 7fj L1 Department/Division Executive/ Cultural Resources Agency Kent Arts Commission Project Title 2002 Kent Canterbury Faire Contract Amount $ 3,500 Fund Code H/M—Arts Special Projects Contract Period From, 09/01/01 To: 12/31/02 KING COUNTY AGENCY SERVICES CONTRACT - 2002 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Arts Commision, whose address is 220—4'h Ave S., Kent, WA 98032 (the "Contractor") WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by Motion No 11306. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows- I. DURATION OF CONTRACT This Contract shall commence on the I" day of September, 2001, and shall terminate on the 315t day of December, 2002, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract H. COMPENSATION AND METHOD OF PAYMENT The County shall pay Agency a total of$3,5n for completion of the services and requirements specified in Exhibit A , attached. III. EVALUATIONS, RECORDS AND INSPECTIONS A The Contractor shall provide right of access to its facilities, at all reasonable times in order to monitor and evaluate the services provided under this Contract The County will give advance notice to the Contractor in the case of an audit to be conducted by the County AG SERVICES 2002 SHORT I-OUI Page 1 of 7 B. The Contractor shall maintain accounts and records, including personnel, property, financial, programmatic records and other such records as may be deemed necessary by . the County to ensure proper accounting for all contract funds and compliance with this Contract. If State funding is awarded in conjunction with this project, these records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40 14, or unless a longer retention period is required by law. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Contract. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County during the performance of this Contract. C The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 IV. ASSIGNMENT/SUBCONTRACTING The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(i) support services not related to the subject matter of this Contract, or(ii) supplies V. TERMINATION This Contract may be terminated by the County without cause, in whole or in part,prior to the date specified in Section 1, by providing the Contractor thirty (30) days advance written notice of the termination. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1)the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or(2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II, the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year AG SERVICES 2002 SHORT FORM Page 2 of 7 The Contractor may terminate this Contract upon thirty(30) days written notice, should the County commit any material breach of this Contract VI., FUTURE SUPPORT The County makes no commitment to support the services Contracted for herein and assumes no obligation for future support of the activity Contracted herein except as expressly set forth in this Contract. VII. HOLD HARMLESS AND INDEMNIFICATION The Contractor agrees to protect, defend, and indemnify the County, its officers, officials, employees and agents from any and all costs, claims,judgments and/or awards of damages, ansing out of or in any way resulting from the activities associated with this Contract,by the Contractor, its employees, representatives, volunteers and/or agents. In the event the County incurs any costs including attorneys fees to enforce the provisions of this article, all such costs and fees shall be recoverable from the Contractor. VIII. INSURANCE By the date of execution of this Contract, the Contractor shall, for the duration of this Contract, procure,maintain and provide evidence of coverage for the applicable insurance required as outlined below: General Liability: Coverage shall be at least as broad as Insurance Services Office form number (CG 00 01 Ed. 11-88)Commercial General Liability, in the amount of at least $1,000,000 combined single limit per occurrence King County, its officers, officials, employees and agents shall be included or endorsed as an additional insured. Automobile Insurance In the event the performance of this Contract requires the use of an automobile, automobile liability coverage in compliance with the statutory requirements of the State of Washington is required. Workers' Compensation Coverage When applicable, evidence of Workers' Compensation coverage in compliance with the statutory requirements of the State of Washington shall be provided. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that maybe applicable to the Contractor under this Contract The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage AG SERVICES 2002 SHORT FORM page 3 of 7 IX. NONDISCRIMINATION A King County Code Chapters 12 16 and 12.18 are incorporated by reference as if fully set forth herein and such requirements apply to this Contract, provided however, that no specific levels of utilization of minorities and women in the workforce of the Contractor shall be required, and the Contractor is not required to grant any preferential treatment on the basis of race, sex, color, ethnicity or national origin in its employment practices; and provided further that. notwithstanding the foregoing, any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract document shall continue to apply The Contractor shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation, or the presence of any sensory, mental or physical disability in an otherwise qualified disabled person in employment The Contractor shall not violate any of the terms of RCW Chapter 49 60, Title VII of the Civil Rights Act of 1964, or any'other applicable federal, state or local law or regulation regarding nondiscrimination in employment. B. During performance of this contract,the Contractor agrees that it will not engage in unfair employment practices as defined by King County Code, Chapter 12 18. The Contractor agrees that it shall not discriminate against, nor tolerate harassment of, any employee or applicant for employment because of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation, or the presence of any sensory, mental or physical disability in an otherwise qualified disabled person. The Contractor will take affirmative action to ensure that applicants and employees are treated without regard to their race, color, creed, religion, sex, age, nationality,marital status, sexual orientation or the presence of any sensory, mental or physical disability in an otherwise qualified disabled person Such affirmative action shall include, but not be limited to, the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. C. The Contractor will, prior to commencement and during the term of this Contract, famish the County, upon request and on such forms as may be provided by the County, a report of the affirmative action taken by the Contractor in implementing the terms of this provision, and will permit access by the County to the Contractor's records of employment, employment advertisements, application forms, other pertinent data and records for the purpose of monitoring and investigation to determine compliance with this contract D Failure to implement and carry out the obligations outlined in this section in good faith may be considered by the County a material breach of this Contract and may be grounds for cancellation, termination, or suspension of the Contract, withholding payment, or invoking the enforcement provisions of K.0 C. 12 16 which provides for penalties, liquidated damages, or other remedies. AG SERVICES 2002 SHORT FORM Page 4 of 7 E. As required by King County Code Chapter 12.16, the Contractor shall provide the County with assurance of their compliance with the provisions of Section 504 of the Federal Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990. The Contractor shall complete and maintain in its office a Section 504 self evaluation and corrective action plan. An assurance of compliance, contained in the corrective action plan, must be signed, notarized and submitted to the County before the Contract will be signed by the County. F. In addition to the general prohibition against discrimination stated above, the following nondiscrimination provisions relating to employment of persons with disabilities shall apply to the Contractor: I. Reasonable Accommodation The Contractor shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or employee unless the Contractor can demonstrate that the accommodation would impair or cause undue hardship on the operation on the Contractor's business 2 Pre-employment inquiries. The Contractor may not conduct a pre-employment medical examination or make a pre-employment inquiry as to whether an applicant is a disabled person or as to the nature or severity of a disability The Contractor may, however, make a re-employment inquiry into an applicant's ability to perform job-related functions Nothing in this section shall prohibit the Contractor from conditioning an offer of employment on the results of a medical examination prior to initiation of the employment if all entering employees are subject to such an examination regardless of disability X. MINORITY AND WOMEN BUSINESS PARTICIPATION It is the County's policy that mmonty and women business enterprises (MWBEs) shall have the maximum practicable opportunity to participate in the performance of contracts for the County In this regard, the Contractor is encouraged to make affirmative efforts to utilize firms certified by the Washington State Office of Minority and Women's Business Enterprises as subcontractor and suppliers in the event subcontracting or participation of firms other than the Contractor becomes necessary the performance of this Contract. The Contractor may contact the County's Minority and Women Business Enterprise Division to explain any work to be contracted and to obtain a listing of MWBEs which may be interested in performing such subcontract work XI. CONFLICT OF INTEREST King County Code Chapter 3 04 is incorporated by reference as if fully set forth hence, and the Contractor agrees to abide by all conditions of said chapter Failure by the Contractor to comply with any requirement of said chapter shall be a material breach of contract AG SERVICES 2002 SHORT FORA? Page 5 of 7 A. The Contractor covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract The Contractor shall take appropriate steps to assure compliance with this provision., B If the Contractor violates the provisions of Subsection XVIII (A)or does not disclose other interest required to be disclosed pursuant to King County Code Section 3 04, the County will not be liable for payment of services rendered pursuant to this Contract Violation of this Section shall constitute a substantial breach �of this Contract and grounds for termination pursuant to Section XI above, as well as any other right or remedy provided in this Contract or law. XII. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIII. NOTICES Whenever this Contract provides for notice to be provided by one parry to another, such notice shall be in writing and directed to the chief executive officer of the Contractor and the directorlmanager of the County department/division specified on page I of this Contract XIV. CONTRACT AMENDMENTS Either parry may request changes to this Contract. Proposed which are mutually agreed upon shall be incorporated by written amendments to this Contract. XV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper If the cost of recycled paper is more than fifteen percent higher than the cost of non-recycled paper, the Contractor may notify the Contract Administrator, who may waive the recycled paper requirement The Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical at the fulfillment of this Contract AG SERVICES 2002 SHORT FORM Page 6 of 7 XVI. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this Contract Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. County: Contractor: FOR tg//" ounty Ex (utii e i tur/e 7 vL 16 12x � 'J Date Name (Please type or p 'nt) Title (Please ty9p or print) Approved as to Form: 2 OFFICE OF THE KING COUNTY Date PROSECUTING ATTORNEY March 7,2001 AG SERVICES 2002 SHORT FORM Page 7 of 7 EXHIBIT A SCOPE OF SERVICE Kent Arts Commission and the King County Office of Cultural Resources mutually agree that the following services be provided in accordance with the application submitted to and approved by the King County Ails Commission Amount $3,500 00 Partial support for One-week residency with youth to create a musical sculpture of recycled materials culminating m a pubhc performance during_the 2002 Kent_Canterbury Faire August 17" and I b composer Donald Knaack Payable upon completion of project, submittal of invoice and • Revised project budget, • Organization Evaluation form, • Promotional materials PUBLIC BENEFIT Low admission cost($1), and free tickets distributed to social service agencies PUBLICITY/PROMOTION POLICY Prominent acknowledgment of the King County Arts Commission and Hotel/Motel Tax Revenues is required of all recipients for use in all publicity and promotional matei ials,including,but not limited to brochures,press releases. programs, posteis,public service announcements, flyers and advertisements The following language is recommended OKing County Arts Commission Hotel/Motel Tax Fund Final payment will not be made until acknowledgment is submitted on printed material Is WH 1.1 iCJ 11VJVRh14l.0 ¢n ..,�„�i 1"4 -- , WA Insurance Authority PC) Box 1165 Renton, "A 98057 29-Apr-02 Cert#. 2668 Phone 425 277 7237 King County Arts Commission Attn, DoreenMitchum Fax 425-277-7242 506 Second Ave , Rm 200 Seattle,WA 981,04-2307 RE City of Kent Special Projects Grant, HoteUMotel Fund, for one-week artist residency to create musical sound sculpture, with performance at Canterbury Faire, Aug, 17 & 18, 2002. Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 103 municipal corporations in the State of Washington WCIA has at least $1 million per occurrence combined single limit of liability coverage in its sclf insured layer that may be applicable in the event an incident occurs that is deemed to be aunbuted to the negligence of the member WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership, As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured' Sincerely, LrS � Eric B. Larson Assistant Director cc Christopher Hills Ronda Billerbeck F 253-856-6050 cletler Kent City Council Meeting Date November 194 2002 Category Consent Calendar 1. SUBJECT: 2003 LEGISLATIVE AGENDA —APPROVE 2. SUMMARY STATEMENT: The 2003 Legislative Agenda serves as our advocacy workplan during the 2003 Legislative Session. The Agenda reflects the input of staff, Council and the Mayor's Office and responds to issues we expect to be prominently discussed in Olympia next Spring. This document was reviewed by Council during the October 15, 2002 Workshop and forwarded to the November 19, 2002 Council Meeting for final consideration and approval. The draft attached for action includes minor modifications requested at the Council Workshop. 3 EXHIBITS: Agenda 4 RECOMMENDED BY: Referred from 10/15/02 Council Workshop (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. 6T City of Kent 2003 Legislative Agenda The City of Kent's 2003 Legislative Agenda is divided as follows 1 The 2003 Action Issues lists items that we consider to be extremely important for the City of Kent—enough so to devote major efforts and lobbying toward in hopes of having legislative and/or budget provisions enacted in 2003. Items are alphabetized by general subject area (e g Economic Development, Finance, etc) Where a"Placeholder"note is put in the heading, it indicates that a legislative issue is likely to evolve as time goes on, or that the City has further evaluation and research to do on a given issue 2 The 2003 Support/Oppose List notes items that are very important to Kent, and will involve the City's use of lobbying time and effort to either support beneficial measures or strongly oppose enactment of adverse ones 3 The 2003 Track/Monitor List notes important issues that the City will track and monitor—and involve itself to a higher degree if necessary—during the upcoming session Citv of Kent 2002 Legislative Agenda 2003 Action Issues • Annexation • Remedies in aftermath of Supreme Court Decision With a 6-3 State Supreme Court decision last March having invalidated the petition-method form of annexation,the state statute on annexation law is in due need of a major overhaul Cities must have confidence that past annexations can be declared valid, that there will be a viable method for annexing industrial and/or uninhabited lands, and that an alternative method to the"election method"of annexations is developed It is critical that the 2003 Legislature act on an annexation remedy—otherwise one of the underlying tenets of the Growth Management Act (e g,'that cities will ultimately assume the lands within Urban Growth Areas and become the primary providers of urban-level services) becomes fatally flawed For Kent, a critical fix within any annexation legislation involves amending RCWs 35A 14 080 and 35A 14 090 Under these provisions in statute a majority of voters could approve an election-method annexation—and vet 60% of those same voters would have to approve assuming bonded indebtedness incurred by a Citv This would leave a City Council with a `lose-lose' choice of a) accepting an annexation in a way that has existing residents subsidizing new ones, or b) disapproving a 50%+ annexation, leaving voters in an annexed area to wonder why a City Council had `rejected' them Kent will work to equalize the 35A 14 RCWs so that both the annexation and indebtedness percentages are 50% Criminal Justice/Public Safety • Amendments to state statute on access to jail booking logs: The City of Kent is evaluating a 2003 Legislative initiative that would involve amendments to state statute concerning jail booking logs The City is concerned that jail booking information not be accessed until a criminal investigation has resulted in a charging decision Pre-charging release of such information could unfairly smear a potentially innocent party, and could needlessly endanger the safety and well- being of victims and could interfere with apprehension of suspects Economic Development • "Tax-Increment Financing"—for Community Infrastructure Needs: At a time when the state's economy is in severe recession, the state's ability to directly assist cities is severely limited, and the electorate is very wary of general tax increases, the importance of economic development and diversification for cities such as Kent becomes all the more critical That's why a major centerpiece of the City's 2003 Legislative Agenda will be to push for additional economic development and infrastructure financing tools One particular too] that 48 states in the union are making significant use of is"Tax-Increment Financing "TIF involves directing future increments of tax revenue to finance debt payments for infrastructure that serves new development and creates new jobs and revenue within a community and for the State of Washington The 2001 and 2002 Legislatures authorized very limited forms of TIF that allow a jurisdiction to leverage its local dollars toward infrastructure and economic development Heading toward 2003, Kent has helped to spearhead a broad-based coalition of nearly 40 governmental and business organizations that are working with the Governor's Office on "Executive Request" legislation This coalition is drafting legislation that makes the State of Washington a partner in community infrastructure financing projects via TIFs The City will devote considerable efforts to lobbying for a TIF measure to be enacted in 2003 2 Finance/Local Revenues/Unfunded Mandates Prevention �' • Prevent Unfunded Mandates Kent and other local governments throughout Washington have been adversely impacted in recent years by unfunded or"underfunded"mandates that significantly undercut local autonomy Additional revenue constraints (discussed below)mean cities such as Kent simply cannot afford to absorb further unfunded mandates Kent will work to ensure that any changes in policy enacted by the Legislature do not come at the expense of local government Further,the City will actively work with other local governments to urge the Legislature to refrain from imposing new mandates unless the corresponding funding is provided to implement them • Local Revenue Preservation: Kent and other local governments throughout Washington have been adversely impacted in recent years by sales tax exemptions on manufacturing activity that significantly undercut local revenues and local autonomy The passage of initiatives that eliminate or severely constrain revenues has exacerbated the problem So has the ongoing rise in health care costs—with Kent seeing cost increases for 2003 on the order of about 25% And, state and local tax revenues have been further impacted by the economic downturn that has left the State of Washington with the highest unemployment rate in the nation For Kent,all this has translated into a$6 million+negative impact on the City budget that will be addressed primarily through program cuts, layoffs through attrition,freezing of current FTE levels,etc As a result, cities such as Kent simply cannot afford to absorb further revenue reductions brought on by tax exemption or tax relief measures at the state level Kent will work to ensure that any changes in tax or budget policy enacted by the Legislature do not come at the expense of local revenues • Local Government Financing/Revenue: The Association of Washington Cities (AWC), Washington State Association of Counties (WSAC), and Washington Association of County Officials(WACO) are working on a `Tri-Association' legislative package to bring to the 2003 Legislature that will involve a request for more revenue (for the smallest cities and counties) and local taxing options to assist hard-hit local governments The City of Kent is not convinced its voters want new general taxing options, but understands cities in may want to lobby for new options For those reasons,the City's role will be one of tracking this exercise, It should be noted that the City would likely actively oppose any revenue/taxing option package for new countywide utility tax authority • Addressing Utility Tax Losses from Open-Market Energy Purchases The Washington Utilities and Transportation Commission (WUTC) approved new rate schedules that allow some customers to purchase electric power on the open market rather than from a local utility company With the open-market purchase of power authorized under the new schedules customers would pay the local utility company a wheeling charge(r e,the cost of delivery)but would be purchasing their power from generators that may be beyond state and local taxing jurisdiction The wheeling charge would continue to be subject to the state and local public utility taxes However, if the power generators are located out of state, the value of the power is not subject to state and local public utility taxes, absent explicit action by the Legislature Several years ago, large industrial users began purchasing natural gas directly from out-of-state suppliers, thus avoiding payment of state and local public utility tax The Legislature responded by enacting a brokered natural gas tax on the use of natural gas purchased under such circumstances, and providing cities and towns the option of imposing such a tax at the local level One method of ensuring revenue neutrality would be to impose a tax on consumption comparable to the brokered natural gas tax Kent urges the Legislature to pass legislation to ensure that open-market 3 power purchases are taxed in a way that ensures revenue neutrality for cities and towns and the State of Washington. Land Use • Actively oppose pre-emption of local authorizing on zoning of manufactured homes: For the last few years, the manufactured housing industry has lobbied the Legislature to pre-empt local zoning authority and mandate that manufactured housing be allowed in single-family zones Kent will strongly oppose such a mandate,which is an effort to pre-empt home rule authority and control For the record,the City believes it has done more than its fair share in permitting manufactured and mobile housing in the community—and Kent further understands that some of this housing stock is critical to the provision of affordable housing However, Kent does not believe it is the State Legislature's role to mandate how housing should be dispersed in a community,rather,that is a local function and should be dealt with by focal officials who are closest to the issues. Parks and Recreation • Capital Funding for Clark Lake: I Kent has been successful in securing nearly$2 9 million in state and county funding for its acquisition of properties around Clark Lake on the City's East Hill Kent has been extraordinarily grateful for the state and local assistance it has received in preserving these pristine areas that are increasingly encroached upon by urban development.Less than $1 million is still needed to fully pay off the $4 1 million water fund loan that the City utilized in 2000 to purchase open-space acreage around Clark Lake To recap, Kent took this action in 2000 because, had it not acted, the properties around Clark Lake almost certainly would have been developed and lose to open-space preservation forever Because the preservation of Clark Lake is a regional project, and because so much urban encroachment has occurred around the lake, a number of state legislators have been sensitive to this capital funding need and have been helpful to the City While Kent recognizes the major belt-tightening the State will be facing with both its Operating and Capital budgets,the City still will seek input of its legislative delegation and legislative leaders as to whether additional funding for Clark Lake might be available in any way, shape, or form • Helping preserve Washington Wildlife and Recreation Program (WWRP) funding Kent is a strong proponent of the W WRP program,created almost a dozen years ago to protect open space and assist with parks and recreation development in our state A list of projects for which Kent has received W WRP funds in the past—or might expect to apply through the W WRP to help fund in future years—is listed below In the meantime, the City sees protection of the WWRP program and funding as a top priority, even though it does not have any projects contained in the current WWRP funding cycle For the 2001-03 Capital Budget,Kent worked with state legislators to ensure $45 million for the W WRP, the City will work with key legislators in 2003 to ensure at least an equivalent amount of funding in the 2003-05 Capital Budget (Note Kent's projects did not rank in the $45 million funding level Also, the maximum amount of a W WRP grant is $300,000 with a 50%match required from the local jurisdiction For those projects Kent proposed, the City match is available and budgeted) 4 iTransportation `"� • Placeholder—2003 State Transportation Package needed if Ref. 51 fails at the polls in November: Kent's 2003 Legislative Agenda is being assembled in advance of the November 5 general election, which involves the Referendum 51 ballot measure Referendum 51 will decide whether the state goes forward with a 10-year, $7 8 billion program of statewide transportation infrastructure investments If Referendum 51 is approved by voters, the 2003 Legislature's role on statewide transportation needs becomes more one of implementation and technical efforts to ensure the R-51 program is carried out in an orderly manner However, if R-51 fails,the Legislature would have to look at whether some alternative package needs to be crafted If that possibility comes to pass, Kent would be prepared tojoin numerous other business and governmental interests in urging legislative action in 2003 The dire traffic, congestion, and capacity problems being faced by our state—and in particular, confronting the Central Puget Sound region—have not gone away and in fact are getting more severe and more costly to address with each passing day, week,month, and year of inaction • Technical changes to the regional transportation statute—E2SSB 6140: In 2002, the State Legislature enacted, and the Governor signed into law, Engrossed Second Substitute Senate Bill 6140 (E2SSB 6140) This legislation authorized the creation of a "Regional Transportation Investment District"(RTID) in the three main Central Puget Sound counties of King,Pierce, and Snohomish—with further authorization for the RTID to take to voters a financing package for improving highwaysiof statewide significance,key highway approaches, certain local arterials and freight corridors, etc The City of Kent, along with other cities,had lobbied in 2002 for legislation that included cities in the RTID governance structure,that allowed for a flexible array of projects to be selected by an RTID, and that ensured equity in how projects and dollars were distributed within a region Those things did not come to pass However, the City of Kent has been gratified by the way King County and other counties have reached out and included cities and transportation subarea boards to their deliberations In particular,King County Council Members Julia Patterson and Rob McKenna have been steady and helpful partners to city officials on the South County Area Transportation Board (SCATbd) The current project list being evaluated by the 3-County RTID Board of County Council Members is inclusive of major investment on SR-167, SR-509, I-5, the 228a'Freight Comdor, Pacific Highway, etc Thus, m evaluating the RTID statute for 2003,the City of Kent does not feel a need to lobby for expansive changes to the statute The City is in agreement that important technical fixes to the E2SSB 6140 law are necessary—particularly those that clarify bonding authority and tolling language • Stormwater Mitigation—Injecting flexibility into the process: During the 2002 session, Kent and other municipal and business interests lobbied for legislative enactment of HB 2847, a measure to ensure greater flexibility and cost-effectiveness in addressing Stormwater issues This is a particularly big concern for the City in terms of Stormwater mitigation for major transportation projects The public wants to ensure any transportation investment is used wisely and ensures that the dollars go toward the improvements If there is not flexibility to meet stormwater obligations in a variety of ways—and if, for example, agencies impose the specifications in a 2001 Department of Ecology Stormwater Manual in a rigid, inflexible fashion —stormwater costs could increase dramatically and the public will see less investment in actual transportation improvements that address congestion,reduce au pollution, etc Thus, Kent will be looking in 2003 to have the Legislature direct that stormwater mitigation obligations may be met in a watershed-based, flexible, cost-effective manner 5 Water • Water Resources —City will oppose the "SAFE" initiative as currently structured: In past legislative sessions, Kent has joined other water-supply utilities in lobbying for greater certainty of water rights for growing communities The City will continue that effort m 2003 At the same time, certain players within the Locke Administration are downplaying the need for water rights fixes and have promoted as their"centerpiece" a water infrastructure financing package known as the "Salmon, Agriculture and Families Enhancement' (SAFE) program Kent has concerns with this program as it is currently laid out It calls for local utilities to increase utility and electricity fees and to pass these new fee-generated revenues to the State—only to receive a small fraction of the revenues in return Kent has used rates and bonding to make capital improvements to their systems —and now it appears they will be asked to charge ratepayers more to subsidize storage projects in Eastern Washington and other water infrastructure projects that do not benefit their customers Unless the SAFE program undergoes dramatic changes, Kent and other water utilities cannot in good conscience support it—and will actively oppose it 6 City of Kent 2003 Legislative Agenda—Support/Oppose List Courts • Kent will strongly support legislation to be promoted by numerous suburban cities in the area of Municipal Court services The legislative initiative will involve amendments to clarify the Inter-Local Cooperation Act to ensure that Municipal Court services may be provided among more than one jurisdiction, and across jurisdictional boundary lines if so desired Kent sees this as an important clarification to ensure flexibility and cost-effectiveness in delivering these Municipal Court services Criminal Justice/Public Safety— • Kent will strongly support retention of the Municipal Criminal Justice Account in the State General Fund—as well as expected legislation to remove a burdensome yearly application requirement that goes with the funding The City's most recent allocation from this account only amounts to about$61,000 a year,but that funding has been used to support Kent Police participation in the "Lighthouse"program to assist at-risk youth, for the Kent Mobile Bus computer lab, and for assistance and prevention efforts in the area of domestic violence • Kent will support a request for increased funding for the Criminal Justice Training Commission(CJTC) CJTC oversees police academy training that is vital for local police • Kent will support increased funding for the Washington State Patrol crime lab, which is vital in assisting local police with criminal investigations Economic Development/Infrastructure • Kent will strongly support efforts to bolster work force training and skills gap training assistance programs in the State of Washington The City considers work force training to be an important pillar in economic development efforts • Kent will support any "Main Street" legislation in 2003 that assists with downtown improvement and revitalization efforts • Kent will support initiatives to help address the estimated $3 billion local government infrastructure deficit that makes the Job of economic development more and more difficult for financially-strapped local communities • Kent will support legislative efforts to help ease liability concerns over condominium defects that are not the fault of a developer or arise after initial construction has been completed These liability issues sometimes have a chilling effect on condominium development—something the City has worked to encourage Employee/Employer Services • Kent will support Department of Retirement Services (DRS) request legislation to give employees in the PERS III program a yearly opportunity to adjust their own contribution rates Current law does not provide PERS III employees this flexibility,which is enjoyed by employee enrolled in other retirement programs • Kent will support any legislative initiative in 2003 to provide liability protection for employers who wish to provide detailed reference check information on current, former, or prospective employees. Absent this liability protection,public and private employees are reduced to giving only `name,rank, serial number' information on a current or former employee because 7 they do not want to risk the legal liability of giving out more expansive information This shortcoming in the law does a disservice to good employees and needlessly hides the flaws of subpar employees, Hiizher Education—Community Colleges • Kent will strongly support 2003-05 Capital Budget requests put forth by Green River and Highline Community Colleges These community colleges play an integral role in providing education and career opportunities in South County to both young people and `placebound' adults —and they need to maintain and improve their capital facilities to ensure success Housing/Human Services • Kent will oppose legislative and/or budget initiatives that reduce funding in the Housing Trust Fund or raid the fund to address other shortfalls The Trust Fund provides critical assistance to low-income folks who need tools to make housing affordable Taking money out of the fund or raiding it for other purposes would be shortsighted and ill-advised • Kent will work with other human and social service providers to protect state funding for core programs that assist those in need Kent and South King County bear a disproportionate burden when it comes to the need for welfare services, the continuum of care program, etc Decimating those programs would have a significant negative impact on South King County and only exacerbate the burdens being placed on local communities that are suffering through cuts to federal and King County human service programs • Kent will support any efforts to eliminate the duplicative Community Health and Safety Networks These networks were set up via state statute several years ago,but have outlived their usefulness and in fact are duplicating current local efforts and are not providing any direct services They end up placing a cost and staff burden on the State of Washington at a time those resources would be better used elsewhere Land-Use/Shorelines • In the area of"buildable lands,"Kent will support efforts to secure stable funding for the ongoing mandate that requires the state's six largest counties, and the cities within them,to inventory how much buildable land remains in Urban Growth Areas At the same time, the City will join other cities in strongly opposing any legislative effort to impose sanctions or other `punishments' on those who do not meet housing targets Kent has fnet and.fl c exeeeded its targets,b t Kent is well on its way to meeting its 20-year target as we achieved 53% of our target during the first eight years of the 20-year planning period Kent recognizes that for other cities that have not, the `failure' to meet targets has more to do with the marketplace than the targets themselves • With the likelihood that negotiations among several parties will lead to a new Department of Ecology(DOE) rule-making on shoreline plan updates, Kent will support efforts led by the Association of Washington Cities(AWC)to provide cities with adequate time and funding to comply with the new regulatory mandates. • Kent will strongly support any initiatives required to replenish dollars in the state's mobile home relocation assistance fund. In a recent case in Kent, a mobile home park owner decided to pursue a different use of his property and closed the mobile home park—leaving dozens of low-and moderate-income residents without alternatives or funding to assist them in transitionmg to other housing 8 Public Works • Kent will support a legislative initiative developed by Snohomish County, involving an amendment to RCW 46 44 041 to allow for special overweight permits to be granted to "Vactor"trucks used in sewer and drainage system cleanups The overweight permit allowance is granted for other types of trucks, and the sewer/drainage maintenance mission of local governments is sufficiently important that the same privilege should be extended for Vactor trucks Transportation • Kent will support expected legislation to remedy state statute so that local jurisdictions may once again impose a street utility charge for local transportation and road needs Kent was one of approximately 17 jurisdictions that used to impose this fee—the City did so through the utility billing process and there were never any problems raised within the community At the same time, the City of Seattle imposed this charge via property taxes and opposition to that method led to a lawsuit—and the state Supreme Court ultimately invalidated the old street utility fee In 2002, cities drafted HB 2700 to remedy the court decision in a way that makes tl{e street utility charge constitutional Kent supports this effort to provide fiscal stability in the area of local transportation needs 9 City of Kent 2003 Legislative Agenda Track/Monitor List Kent will closely track and monitor • Local government financing,revenue, and taxing options legislative packages. While Kent will primarily track this initiative, the City may well support `efficiency' pieces of its that focus on elimination or reduction of mandates or other legislative enactments to save local governments money and time • Any legislation dealing with home rule authority,local revenues, and cities' bottom lines Kent strongly supports home rule authority and opposes imposition of unfunded mandates, as well as tax exemptions and tax relief which erode local revenues and authority • Any proposals to assist cities with extraordinary medical costs associated with the LEOFF 1 pension program Though a prior surplus in the LEOFF 1 account has largely evaporated,Kent would support a policy initiative to establish a special fund for extraordinary costs that could be used if LEOFF 1 surpluses materialize again • Legislation to provide new funding sources for parks operation and maintenance Kent believes any legislative initiative should do more than lust take make parks M&O expenditures allowable under the Real Estate Excise Tax (REET) The concern is that this simply dilutes existing capital infrastructure funding rather than deal with expanding needs Additionally,Kent opposes an initiative that uses a 5%increase in water-utility fees to pay for parks M&O—it unfairly places a burden on water users to pay for parks M&O • Any legislative initiatives that make the Public Works Trust Fund more accessible,or more able to address new-growth infrastructure needs • Any proposed legislation on `regionalizing' of specialty services for law enforcement Kent would contend that such legislation is unnecessary, particularly given a prior legislatively- directed study in this area • Proposed legislation authorizing local governments to utilize photo-radar and photo-red technology to curb speeding and enhance safety at key intersections, school zones,railroad crossings, etc Kent may evaluate such technology if it is authorized • Efforts to undermine city authority on assumption of water/sewer districts in connection with annexations, infill, or changes to urban growth area boundaries Kent opposes any weakening of current authority 10 Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1 SUBJECT: MEADOW HILLS SANITARY SEWER—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Meadow Hills Sanitary Sewer project as complete and release of retainage to Westwater Construction upon standard releases from the state and release of any liens. The original contract amount was $288,124.16. The final contract amount is $312,951.85. 3. EXHIBITS: None • 4. RECOMMENDED BY: Public Works 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. 6U Kent City Council Meeting Date November 19, 2002 Category Consent Calendar I. SUBJECT: STRAWBERRY PLACE PHASE I BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Strawberry Place Phase I submitted by Ruth/Prouty Partnership for continuous operation and maintenance of 389 feet of watermain, 1,090 feet of sanitary sewer, 505 feet of street improvements and 748 feet of storm sewers. Bonds are to be released after the maintenance period. This project is located at 9805 S. 242nd Place. 3. EXHIBITS: Location map 4. RECOMMENDED BY: Public Works 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. 6V S 228 U) / / r-- co m /r i S ST SE 40 ST / ///// 7/7 77/// // // /. N w KENT CITY LIMITS w L SE 44 ST CLARK t Q PROJE T LK m LOCA ION m rn SE 48TH ST w Q x S 2N ST o WAL T S SE 256 w 2 9TH ST �p �FryT o SE 260TH ST 9� SE 264TH ST w w > o� z w Y 277 ST STRAWBERRY PLACE PHASE Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1 SUBJECT: STRAWBERRY PLACE PHASE II BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Strawberry Place Phase II submitted by W.E. Ruth Real Estate, Inc. for continuous operation and maintenance of 1,276 feet of watermam, 1,114 feet of sanitary sewer, 1,600 feet of street improvements and 1,158 feet of storm sewers. Bonds are to be released after the maintenance period. This project is located at 10007 SE 242nd Place. 3. EXHIBITS: Location map 4. RECOMMENDED BY: Public Works Director i (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6W S 228 cn / a / co I /r S ST SE 40 ST -Tif / ////// /// / /. N Ld KENT CITY LIMITS Q N SE 44 ST CLARK PRO EC LK LO ATION m N SE 48TH ST S 2N ST o WAL T S SE 256 2 9TH ST � � N SE 260TH ST <F R N OS 9� SE 264TH ST w w In w w FF n < J U o z w Y 277 ST G T STRAWBERRY PLACE PHASE 11 • Kent City Council Meeting Date November 19, 2002 Category Consent Calendar 1. SUBJECT: AUBURN HOME REPAIR PROGRAM CONTRACT—ACCEPT AND AMEND BUDGET 2 SUMMARY STATEMENT: As recommended by the Parks, Recreation and Community Services Director, accept an additional $25,000 from the City of Auburn for the Auburn Home Repair Program and amend the budget accordingly. 3. EXHIBITS: Copy of contract amendment 4 RECOMMENDED BY: Staff and Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: Revenue of$25,000 00 SOURCE OF FUNDS: City of Auburn Home Repair Contract 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION. Council Agenda Item No. 6X Amendment to the AGREEMENT of March 22, 2002 Between The CITY OF AUBURN, WASHINGTON AND The CITY OF KENT, WASHINGTON THIS AGREEMENT, entered into this day of October, 2002, between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY") and CITY OF KENT, also a municipal corporation of the State of Washington (hereinafter referred to as the "AGENCY") WHEREAS, The City is an entitlement applicant for Community Development Block Grant (CDBG) funds under the Housing and Community Development Act of 1974 (the Act), Pub L 93-383 as amended, and will receive CDBG funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR Part 570, and WHEREAS, On the 22nd day of March, 2002, the City and the Agency entered into an Agreement designating the Agency to undertake certain eligible activities specified therein, and WHEREAS, Part I, Section 9 of that Agreement provides that mutually agreed to modifications to that Agreement shall be accomplished by written amendment, and WHEREAS, the Community Development Block Grant Contract Exhibits 1 through 5 (Protect No BG0204),which are part of the aforementioned Agreement, specified performance measures, contract termination date, and budget restrictions upon the Agency, and WHEREAS, the Community Development Block Grant Contract Exhibits, attached hereto as Exhibit I, are now amended as provided in this agreement, which specifies an amended budget, termination date, and performance measures, NOW, THEREFORE, which parties hereto agree that certain terms, conditions, and covenants contained in the Agreement between the City of Auburn, Washington, and City of Kent, Washington, which was entered into on the 22nd day of March, 2002, are hereby amended by mutual agreement as follows 1. Exhibit 1A: General Information. The CDBG Appropriation as contained in Exhibit I as "Exhibit 1 B," is hereby amended as follows $12-55,909 $150,000 00 The project termination date is hereby amended to change the termination date from December 31, 2001 to December 31, 2002 2. Exhibit 2A: Protect Budget. Community Development Block Grant Exhibit 2A— Budget Detail — is hereby amended to correct errors in the original budget of the March 22, 2002 agreement and to increase the total appropriation by $25,000 00 Funds were reallocated to the protect pursuant to Ordinance No 5698, new funding amounts are reflected in "Exhibit 2B," attached hereto and incorporated herein by reference Corrections to the construction contracts, personnel costs, and source of funds line items have been made as shown in Exhibit 2B 3. Contract Termination Date. Community Development Block Grant Exhibits 1, 3, and 5 (Project No BG0204) are amended,to reflect an amended Contract Termination Date of December 31, 2002 as in "Exhibits 1A, 3A, and 5A," attached hereto and incorporated herein by reference 5. Contract Exhibits. Community Development Block Grant Exhibits 1 through 5 (Protect No BG0204) are hereby replac* by Community Development Block Grant Contract Exhibits 1A through 5A (Project No BG0204), as attached 6. Remaining Provisions. Except as specifically amended as set forth above, all remaining provisions remain in full force and effect CITY OF KENT CITY OF AUBURN Signature Peter B Lewis, Mayor Jim White Date Mayor Date EXHIBIT#1 A Community Development Block Grant Contract General Information PROJECT NO. BG 0204 TITLE City of Auburn Housing Repair Program PROJECT SUMMARY Loans and grants for repair of low Income, owner-occupied, single family homes ELIGIBILITY 24CFR 570,202— Low/Mod Limited Clientele NATIONAL OBJECTIVE Low/Moderate Income Housing CDBG APPROPRIATION $150,000 TYPE OF PROJECT Capital PROJECT LOCATION City-wide SPECIAL CONDITIONS See EXHIBIT #3 Special Conditions TERMINATION DATE. December 31, 2002 CONTACT PERSON Katherin Johnson TITLE Human Services Manager MAILING ADDRESS 220 41h Ave S . Kent, WA 98032 PHONE NUMBER- 253-856-5070 FAX NUMBER 253-856-6070 PERSON(S) AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND PROGRAM ACCOMPLISHMENTS FORM NAME/TITLE Katherin Johnson, Human Services Manager SIGNATURE NAME/TITLE John Hodgson, Director Parks, Recreation & Community Service SIGNATURE Exhibit#2A Community Development Block Grant Contract Project Budget PROJECT NO: BG 0204 TITLE City of Auburn Housing Repair SUMMARY OF TASKS AND COSTS PERSONNELCOSTS List Employees by Position Title Annual Percent ofSalary Time to Project Item Total Home Repair Worker 37,580 100% 37,580 Fringe Benefits (taxes, benefits) 16,298 100% 16,298 Category Total(Should be the same as No. 1 in Budget Detail) 53,878 53,878 BUDGET DETAIL Column A Column B Column C Cost Categories Total Budget Item CDBG Funds Funds on-CDBG Funds Personnel Costs 53,878 53,878 Office/Operating Supplies 26,142 26,142 Consultant or Purchased Services 0 0 Construction Contracts/ Real Property 47,000 47,000 Acquisition Communications and Advertisements 400 400 Travel and/or Training 0 0 Intra-Agency Support(i a administrative 12,500 12,500 overhead) CapitalOutlay- Construction 0 0 Other(Detail) (Vehicle Rental) 10,080 10,080 Total Project Costs(Note . Column A must 150,000 150,000 D- equal sum of Column B and C) Source of Funds Total City of Auburn Other Sources City of Auburn CDBG Funds 150,000 150,000 City of Auburn General Funds Other Funds Grand Total (Note: Column A must equal 150,000 150,000 sum of Column B and C) EXHIBIT#3A Community Development Block Grant Contract Special Conditions BG # 0204 1 Ordinance #5630 and Ordinance #5698 In accordance with the legislative intent of the City Council as expressed in CDBG Budget Ordinances 5630 and 5698, the Agency must [Provide] Grants of less than $4,000 and/or loans of less than$10,000 for necessary repairs and renovation of single family homes owned and occupied by low and moderate income households at various locations throughout Auburn as follows (a) City of Auburn Department of Planning and Community Development Department shall be responsible for the following project-related activities program publicity maintenance of program regulations, including income eligibility standards provision and updating of program application form(s) client intake and eligibility determination flood plain and insurance requirements, if any maintenance of individual client files which include application, proof of income and ownership, and notification of completion of work, processing and recording of any necessary loan documents (b) City of Kent project-related responsibilities. construction need assessment work orders contractor bid documents and bid process, if necessary hiring and payment of contractors liaison between client and contractors inspection upon completion of work (c) Payments, Reimbursement City of Kent Staff are responsible for all payment of contractors City of Kent shall submit a monthly reimbursement request to the City of Auburn, and shall include with that request a statement of projects completed, projects in progress, amount of grant spent in billing period, total amount spent to date, and amount of grant remaining 2 Timely Progression of Protect The Agency agrees that it will complete the above protect in a timely manner, and comply with the time line as set forth in Exhibit#5, Protect Time Line 3 Limitations on Expenditures and Adwstments. In the event that the City receives less CDBG revenues than originally estimated in the CDBG budget ordinance, the Agency will receive a proportionately equal reduction in its appropriation relative to the total decrease in total CDBG revenues The amount of CDBG funds available to the Agency is stipulated in the "Notice of Grant Award " If the amount CDBG funds available to the Agency is less than appropriated, then the City will notify the Agency in writing when additional CDBG funds become available 4 Termination of the Contract This Agreement between the CITY OF AUBURN and the CITY OF KENT shall terminate on December 31, 2002 In accordance with the terms of the Agreement, all unspent CDBG funds at the time of termination shall lapse and return to the City of Auburn's CDBG fund 5 Public Information The stipulations of Section 13(B)of the Agreement regarding the placement of sign(s) identifying the source of funds is hereby waived EXHIBIT#4A Reporting Requirements and Record Keeping - BG # 0204 1, Reimbursement Schedule, a The Agency must submit a request for reimbursement at least once a quarter and may submit such a request on a monthly basis, beginning with the date of this Agreement, and applicable to all costs incurred toward this grant beginning January 1, 2002. b Failure to submit a quarterly request for reimbursement in accordance with Part 1, Section 5 of this Agreement may cause the City to consider the Project abandoned and the CDBG funds made available for re- appropriation Continued failure to request reimbursement and submit required performance reports will cause the City to take corrective action as it deems necessary c The City shall reimburse the Agency for its expenses Incurred implementing this Agreement within the forty-five (45) days following the receipt of a Voucher Reimbursement Request. 2 Required Contents of Reimbursement Request a Reimbursement Cover Sheet as supplied, showing Agency name, address, contact Information, and budget Information, b Accomplishments data sheet as supplied for the Agency, showing how the Agency has progressed toward its goals as set forth in Exhibit#5 c Failure to properly submit a reimbursement request, through the omission of the above-required items or through material omissions within those documents, will cause the request to be returned to the Agency and will cause a delay in the disbursement of funds EXHIBIT #5A PERFORMANCE MEASUREMENTS BG # 0204 Part 1. Schedule by Task Milestones Quarters (Projected Number of Units) 1 St 2nd 3m 4th Loans/Grants Identified by City - Major Repairs 3 3 6 3 Loans/Grants Identified by City - Minor Repairs 100 100 100 100 Current Projects Completed Units (Actual Number of Units) Loans/Grants Identified by City Current Projects Completed Units Part 2 CDBG Expenditure Rate CDBG Funds Vouchered Projected Actual 1st Quarter (1/1 — 3/31) 37,500 2nd Quarter (4/1 — 6/30) 37,500 3`d Quarter (7/1 — 9/30) 37,500 4th Quarter (10/1 — 12131) 37,500 Kent City Council Meeting Date November 19, 2002 Category Other Business 1. SUBJECT: KLOUZAL REZONE RZ-2002-2 2. SUMMARY STATEMENT: This request by Steve Burpee and Steve Klouzal is to rezone approximately 4 78 acres of property from SR-8, Single Family Residential, to MR-T16, Multifamily Residential Townhouse. The property address is 2635 S. 260th Street. A public hearing was held before the Hearing Examiner on October 2, 2002, and the Hearing Examiner issued Findings, Conclusions and a recommendation to approve the rezone on October 16, 2002. 3. EXHIBITS: Staff report and map & Hearing Examiner's Findings, Conclusions and Decision 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember a(/w moves, Councilmember W seconds to accept/rejecdm�the findings, conclusions, and recommendation of the Hearing Examiner on the Klouzal Rezone (RZ-2002-2), and direct the City Attorney to prepare the necessary ordinance. DISCUSSION- ACTION: Council Agenda Item No. 7A KENT OFFICE OF THE LAND USE HEARING EXAMINER WASHINGTON Theodore P,Hunter Hearing Examiner COMMUNITY FINDINGS, CONCLUSIONS AND RECOMMENDATION DEVELOPMENT Fred N Satterstrom,AICP Director FILE NO KLOUZAL #RZ-2002-2 KIVA #2021717 PLANNING SERVICES APPLICANT Steve Burpee Chadene Anderson, AICP Steve Klouzal Manager MaitmgAddress REQUEST A request to rezone approximately 4 78 acres 220 Fourth Ave S from the current zoning of SR-8, Single Family Kent,WA 98032-5895 Residential, to MR-T16, Multifamily Residential Location Address Townhouse 400 West Gowe Kent, WA 98032 LOCATION The property is located at 2635 S 260th Street Phone 253-856-5454 Fax 253-856-6454 APPLICATION FILED June 3, 2002 DETERMINATION OF NONSIGNIFICANCE ISSUED September 16, 2002 MEETING DATE October 2, 2002 RECOMMENDATION ISSUED October 16, 2002 RECOMMENDATION. APPROVAL STAFF REPRESENTATIVE Chris Hankins, Planning Services PUBLIC TESTIMONY Steve Burpee, applicant Al Klouzal, applicant EXHIBITS Hearing Examiner file containing 1. Staff Report with Attachments a Vicinity Map b. Notice of Public Hearing dated September 20, 2002 c Zoning Map Amendment (Rezone) Application received June 3, 2002 d Applicant's Attachment to Application Reviewing Compliance with Criteria e Legal Description of Subject Property f Certificate of Sewer Availability g, Certificate of Water Availability h. Wetland Assessment dated August 20, 2002 i. City Departmental Comments j. Notice of Complete Application issued August 26, 2002 k. Determination of Nonsignificance issued December 13, 2001 I. Letter to Applicant Re: Complete Application dated July 30, 2002 m Notice of Incompleteness dated June 24, 2002 n. Adoption of Existing Environmental Document issued September 16, 2002 o. Environmental Checklist received July 8, 2002 p. Wetland Assessment dated July 31, 2001 FINDINGS 1 Steve Burpee and Steve Kouzal ("Applicant') requested a Zoning Map Amendment to change the zoning on one parcel of property from SR-8, Single Family Residential to MR-T16 Multifamily Residential Townhome. The subject property, located at 2635 S. 260th Street, occupies approximately 4.78 acres of land.' Exhibit 1, Staff Report, page 2, Exhibit 1, Attachment a. 2 The subject property is developed with a single-family residence. The topography onsite is gently sloped with a maximum slope of approximately ten- percent Site vegetation includes conifers and a deciduous forest with a dense shrub understory. Approximately 3 18 acres of the site is a wetland and wetland buffer, which has been classified as either a Category 1 or Category 2 wetland. Building restrictions applicable to a Category 1 wetland include a minimum buffer of 100 feet, and a 15-foot building setback from the edge of the buffer. Building restrictions applicable to a Category 2 wetland include a minimum buffer of 50 feet, and a 15-foot building setback from the edge of the buffer The developable portion of the site is 1 6 acres. Exhibit 1, Staff Report, pages 2, 3 3 The Applicant does not propose a development at this time. Exhibit 1, Staff Report, page 3 Subsequent development on the site would have to satisfy applicable codes and regulations as well as mitigate anticipated environmental impacts. Exhibit 1, Staff Report, pages 3, 11. ' The legal description is provided on Exhibit 1, Attachment e. 41 Hearing Examiner Findings and Recommendation Koouzal #RZ-2002-2 KfVA #2021717 Page 2 of 8 4 The purpose of the MR-T16 zone is "to provide suitable locations for low to medium density multifamily residential development where home ownership is encouraged consistent with the comprehensive plan " KCC 15 03.010 The KCC provides that certain zoning is required to be in existence on the property proposed to be rezoned at the time of application for a rezone to an MR-T zone. The SR-8 zone is among the required zones for which a rezone to MR-T is allowed KCC 15 04 030(19). 5. Allowed uses within the MR-T16 zone include a variety of residential uses such as townhouse units, duplexes, and single-family residences KCC 15 04 020, Testimony of Mr. Hankins. The minimum lot size in the MR-T16 zone is 3,107 square feet, which is significantly less than the smallest lots allowed in single- family zoning districts. By reducing the minimum lot size, the proposed rezone would enable the creation of additional affordable housing Exhibit 1, Staff Report, page 7, Testimony of Mr. Hankins. 6 Access to the subject property is from S 260ih Street The street is developed with four lanes and has curb, gutter, sidewalk, and street light improvements where it fronts the subject property. Exhibit 1, Staff Report, page 4, Site View, 7 To the south and west of the subject property, properties are zoned Single Family Residential (SR-4.5) To the east of the property are Medium Density Multifamily Residential (MR-M) and Single Family Residential (SR-1) zoning districts To the north is a Medium Density Multifamily Residential (MR-M) zoning district, Exhibit 1, Staff Report, page 2, Exhibit 1, Attachment a 8 The subject property has a comprehensive plan designation of Low Density Multifamily. Exhibit 1, Staff Report, page 2 Land uses contemplated on lands designated as Low Density Multifamily include residential uses of up to 16 units per acre Exhibit 1, Staff Report, page 9. 9 Applicable provisions of the City Comprehensive Plan include • The City of Kent adopts a 20-year housing target of 7,500 new dwelling units within the existing city limits City of Kent Comprehensive Plan, Land Use Goal LU-8 • Locate housing opportunities within close proximity to employment, shopping, transit and human and community services City of Kent Comprehensive Plan, Policy LU-8 3. Hearing Examiner Findings and Recommendation Klouzal #RZ-2002-2 KIVA #2021717 Page 3 of 8 Provide opportunities for a variety of housing types, options, and densities throughout the city and the Potential Annexation Area. City of Kent Comprehensive Plan, Land Use Goal LU-9. • Allow and encourage a variety of multifamily housing forms, such as townhouses, residences above businesses, triplexes and fourplexes, duplexes, and attached single-family units in multifamily districts and designated commercial areas. City of Kent Comprehensive Plan, Policy LU-9.2. • Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation and by being sensitive to the environmental impacts of the development. City of Kent Comprehensive Plan, Goal H-1, • Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element City of Kent Comprehensive Plan, Policy H-1 2 • Provide sufficient, diverse, and affordable housing for the existing and projected population of Kent. City of Kent Comprehensive Plan, Goal H-2. • Expand home ownership opportunities for all income groups via land use regulations, financial strategies, and the removal of barriers to lending. City of Kent Comprehensive Plan, Goal H-4. • Revise zoning and development standards to facilitate small lot sizes, manufactured housing on single-family lots, townhouses, condominiums, clustering, and other options which increase the supply of affordable home ownership opportunities. City of Kent Comprehensive Plan, Policy H-4. 1 • Protect and enhance environmentally sensitive areas via the adoption of the City regulations and programs which encourage well-designed land use patterns such as clustering and planned unit development. Use such land use patterns to concentrate higher urban land use densities and intensity of uses in specified areas in order to preserve natural features such as large wetlands, streams, steep slopes, and forests. City of Kent Comprehensive Plan, Goal LU-20 Hearing Examiner Findings and Recommendation Klouzal #RZ-2002-2 KIVA #2021717 Page 4 of 8 • Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act City of Kent Comprehensive Plan, Goal TR-1. • Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials or around freeway interchanges. City of Kent Comprehensive Plan, Policy TR-1. 1 • Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible City of Kent Comprehensive Plan, Policy TR-1.5. 10 Land uses surrounding the subject property are predominantly multifamily residential Properties to the north and east are zoned as medium density multifamily residences, and are developed with apartments. Properties to the south and west are zoned as single family residential (SR-4 5) Property northwest of the site is developed as a mobile home park. Commercial uses, services, and shopping is available west of the property along SR-99. Exhibit 1, Staff Report, page 9 11. The rezone will not impact the transportation system, but has the potential to generate more daily and PM peak hour trips than would be permitted by the current zoning If development of the site is proposed, an applicant would likely be required to contribute traffic impact mitigation fees and provide street improvements Exhibit 1, Staff Report, page 4, Testimony of Mr Hankins 12 The subject property was annexed in 1997 On February 19, 2002, the property owner received approval of a Comprehensive Plan Amendment The previous comprehensive plan designation of the property was Single Family, 6 units per acre (SF-6), and the previous zoning designation was Single Family, 4 53 units per acre (SR-4.5). The amendment/rezone changed the land use designation to Low Density Multifamily (LDMF) and the zone to Single Family, 8 71 units per acre (SR-8) Exhibit 1, Staff Report, pages 2, 3, Exhibit 1, Attachment of; Testimony of Mr Klouzal 13 The City adopted an existing environmental document, ENV-2001-54(C), issued December 13, 2001 for the proposed rezone The document addressed the impacts of a Comprehensive Plan Map Amendment for the subject property. The City's Responsible Official determined that the existing environmental document adequately addressed the environmental impacts of the proposed rezone, and that no additional environmental review was warranted On August 26, 2002, the City issued notice that it proposed to adopt an existing Determination of Hearing Examiner Findings and Recommendation Klouzal #RZ-2002-2 KIVA #2021717 Page 5 of 8 Nonsignificance (DNS) for the proposed rezone. No appeals were filed during a 14-day appeal period following the adoption of the DNS. Exhibit 1, Staff Report, page 3. 14 The City Planning Staff recommended approval without conditions Exhibit 1, Staff Report, page 11; Testimony of Mr. Hankins. 15 KCC 12.01.145 requires the City to mail, publish, and post notice of the public hearing not less than ten days prior to the hearing date. KCC 12.01.145. The City published the notice of hearing in the South County Journal, mailed the notice on September 20, 2002, and posted the notice on the subject property on September 19, 2002 Exhibit 1, Attachment b CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold a public hearing on this rezone, and to issue a written recommendation to the Council, pursuant to RCW 35A 63.170, and Chapter 2.32 and Section 15.09 050 of the Kent City Code. Criteria for Review Section 15 09 050(C) of the Kent zoning code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone A request for a rezone shall only be granted if: a The proposed rezone is consistent with the Comprehensive Plan; b The proposed rezone and subsequent development of the site would be compatible with development in the vicinity, c The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated, d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone, [and] e The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the city Hearing Examiner Findings and Recommendation Klouzal #RZ-2002-2 KlVA #2021717 Page 6 of 8 • In addition, in a request for a rezone to MR-T, the Hearing Examiner and City Council shall evaluate a request for a MR-T rezone on the basis of the standards contained in KCC 15 09 050(F)(1). That section provides The proposed rezone site is adjacent to or has convenient access to an arterial street to ensure that the traffic accessing the MR-T development minimizes the disruption to single-family residential neighborhoods KCC 15 09 050(F)(1). Conclusions Based on Findings, 1. The proposed rezone is consistent with the Comprehensive Plan. The proposed rezone would facilitate the creation of additional dwelling units, and would enable housing to be located near employment, shopping, and transit services. The rezone provides an opportunity for increased housing types and densities Development in accordance with the rezone would enhance affordable housing ownership opportunities. The access to any housing development would be from a street designated as a Residential Arterial There are service and retail uses in the vicinity, so any development consistent with the MR-T16 zone would be part of a larger mix of uses in the immediate vicinity, and would be consistent with the Comprehensive Plan designation Findings of Fact Nos 5, 6, 8, 9, 10 2 The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Land use surrounding the site is predominately multifamily residential The proposed rezone would change the zoning from Community Commercial (CC) to Multifamily Residential Townhome District (MR-T16), which would be compatible with the dominant multifamily residential development Findings of Fact Nos 1 and 10 3 The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. The proposed rezone would not generate added trips to the existing transportation system, but subsequent development would likely contribute PM peak hour trips beyond that which would occur under the existing zoning Any development of the site would have to satisfy applicable codes and regulations as well as mitigate anticipated environmental impacts. Findings of Fact Nos 3 and 11 4 Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. The subject property was annexed to the City in 1997 It previously had a Comprehensive Plan designation of SF-6, for single family development of six units per acre The City approved an amendment to the Comprehensive Plan in February 2002 and gave Hearing Examiner Findings and Recommendation Klouzal #RZ-2002-2 KfVA #2021717 Page 7 of 8 the property its current Low-Density Multifamily (LDMF) designation Finding of • Fact No 12. 5 The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. This is a non-project rezone. The Applicant does not propose a development at this time. Subsequent development on the site would have to satisfy applicable codes and regulations as well as mitigate anticipated environmental impacts. The City planning staff submitted that the future review would ensure that the rezone would not adversely affect the health, safety, and general welfare of City citizens Finding of Fact No. 3 6 The proposed rezone site is adjacent to or has convenient access to an arterial street and the traffic accessing the MR-T development will minimize the disruption to single-family residential neighborhoods. Access to the subject property is from S 260th Street, west of Pacific Highway and east of Interstate 5 Development surrounding the subject property is predominately multifamily. Any potential significant adverse traffic impact will require mitigation at the time of development of the property. Thus, there will be access to major arterials and little disruption to single family neighborhoods from traffic due to the proposed rezone. Findings of Fact Nos. 6, 10. RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends that this application for the rezone from Single Family Residential (SR-8) to Multifamily Residential Townhome (MR-T16) on approximately 4 78 acres of property located at 2635 S. 260th Street be APPROVED. It is the Hearing Examiner's opinion that the rezone request, as proposed, meets the criteria for approval established by the Council DATED this 16th day of October 2002 'Ttm" ?WA THEODORE PAUL HUNTER Hearing Examiner ch S\Permit\Plan\rezone\2002\2021717-2002-2 FIN DINGS.DOC Hearing Examiner Findings and Recommendation Klouzal #RZ-2002-2 KIVA #2021717 Page 8 of 8 v 3 :c c o R N P. ^d v w � O � ❑� � ' Lam' A. y zN N lC) O O `" L O o �� DC ov 000O � I ❑, NM 0. U a0��= COMMUNITY DEVELOPMENT Fred N Satterstrom, Community Dev Director PLANNING SERVICES Charlene Anderson, AICP, Manager Phone 253-856-5454 KENT Fax 253-856-6454 WA SHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF OCTOBER 2, 2002 FILE NO Klouzal Rezone #RZ-2002-2 KIVA#2021717 APPLICANT Mr Steve Burpee 25230 104`h Avenue SE Kent, WA 98031 Mr Steve Klouzal 20910 3rd Avenue S Seattle, WA 98198 REQUEST A Zoning Map Amendment (Rezone) for one existing tax parcel from SR-8 Single Family residential to MR-T16 Multifamily Residential Townhouse District STAFF REPRESENTATIVE Chris Hankins, Planner STAFF RECOMMENDATION APPROVAL I GENERAL INFORMATION A Description of the Proposal The applicant is requesting a Zoning Map Amendment (Rezone) for one existing tax parcel The property is currently zoned SR-8 Single Family Residential The applicant has proposed rezoning the site to MR-T16 Multifamily Residential Townhouse District The City of Kent Comprehensive Plan designates the property LDMF Low Density Multifamily Wetlands encumber the property There is no specific site development proposed at this time Staff Report Klouzal Rezone #RZ-2002-2 KIVA#2021717 B Location The property is located at 2635 S 260" Street and is identified as King County Tax Parcel #2822049107 C Size of Property The subject property consists of approximately 4.78 acres, however approximately 3 18 acres is considered wetlands and wetland buffers. The approximate remaining developable area is 1 6 acres D Zoning/Comprehensive Plan The property is currently zoned SR-8 Single Family Residential Properties to the west and south are zoned SR-4 5 Single Family Residential The two adjacent properties to the east are zoned MR-M Medium Density Multifamily and SR-1 Single Family Residential. Properties to the north are zoned MR-M Medium Density Multifamily The City of Kent Comprehensive Plan designates the property Low Density Multifamily Properties to the west and south are designated SF-6 Single Family Residential (6 units/acre) The two adjacent properties to the east are designated Medium Density Multifamily and SF-1 Single Family Residential (1 unit/acre) Properties to the north are designated Medium Density Multifamily (17-23 units/acre) Present zoning under the SR-8 zoning designation would allow for the development of approximately forty-one (41) single family detached units However, with approximately 3 18 acres of sensitive areas and minimum lot size restrictions of 4,000 square feet, the number of dwelling units would be limited to approximately thirteen (13) single-family detached units As proposed, a rezone to MRT-16 zoning would allow seventy-six (76) multifamily condominium or single family detached units. Once again, sensitive areas and minimum lot size requirements would limit the number of units to approximately twenty-five (25) multifamily condominium units Since there is no minimum lot area for development of single family detached units within the MRT-16 zoning, approximately seventy-six(76) single family detached units could be clustered on the site despite sensitive area restrictions. However, landscaping, setbacks, site coverage requirements, and infrastructure improvements would further limit the number of units permitted on site as detached single-family units E Land Use The subject property is currently developed with a single-family residence F History The property is part of 578 acres annexed to the City of Kent on July 1, 1997 under Ordinance No 3351. Page 2 of 11 Staff Report Klouzal Rezone #RZ-2002-2 KIVA#2021717 The owner of the subject property received approval of a Comprehensive Plan Amendment/Rezone on February 19, 2002 by the Kent City Council The previous comprehensive plan land use map designation was SF-6 (Single-Family 6 unitslacre) The zoning map designation was SR-4 5 (Single-Family 4 53 units/acre) The amendment/rezone as approved changed the land use designation to LDMF (Low Density Multifamily, 16 units/acre) and the zoning map to SR-8 (Single-Family 8 71 units/acre), this was step one of a two-step process to rezone the property to MR-T16 II ENVIRONMENTAL CONSIDERATIONS A Environmental Assessment Amending the City's zoning map is considered a "non-project" action under the State Environmental Policy Act (SEPA) As the lead agency, and pursuant to RCW 43 21 C 110, the City of Kent adopted an existing Environmental Document, ENV-2001-54(C) issued December 13, 2001 for this proposed rezone application This environmental document addressed the impacts of a Comprehensive Plan Map Amendment for the subject property The City of Kent SEPA Responsible Official determined this existing SEPA document adequately addresses the potential environmental impacts of this proposed rezone and the proposed rezone does not warrant additional environmental review As permitted under RCW 4321C110, the City of Kent utilized the Optional Determination of Nonsignificance (DNS) process to give notice that the City proposed to adopt an existing DNS for the rezone The notice was issued on August 26, 2002 and formally adopted on September 9, 2002 A 14-day appeal period followed the adoption of the DNS and no appeals were filed Subsequent development proposals for the proposed property will require additional environmental review in conjunction with construction permits, subdivision, and other appropriate project permit applications B Significant Physical Features Topography, Wetlands and Vegetation The site is gently sloping with the steepest slope estimated to be approximately 10% The sods are characterized by Everett gravelly sandy loam and Tukwila muck in accordance with the USDA Soil Conservation Service The vegetation on site is described as deciduous forest with a dense shrub understory with some conifers present According to the City's wetland inventory, and a preliminary wetland assessment prepared by J S Jones & Associates dated July 31, 2001 the subject property is encumbered by either a Category 1 or Category 2 wetland Category 1 wetlands are wetlands which contain documented presence of species proposed or listed by the federal or state government as endangered, threatened, or that meet specific size criteria in accordance with the taxonomic classification system described by the U S Fish and Wildlife Service Wetlands which have been Page 3 of 11 Staff Report Klouzal Rezone #RZ-2002-2 KIVA#2021717 designated unique and fragile under the Kent Zoning Code, KCC 15 08 260 and mapped on the city's official hazard area development limitations map are also considered Category 1 wetlands Category 1 wetlands require a minimum 100- foot no build buffer and 15-foot building setback from the buffer edge Category 2 wetlands are wetlands, which are forested and greater than one acre in size and do not meet the criteria for Category 1 wetlands Category 2 wetlands require a minimum 50-foot no build buffer and 15-foot building setback from the buffer edge. Because the proposed rezone does not contemplate a development proposal at this time, on-site environmental impacts associated with potential development have not been analyzed. While this non-project rezone proposal does not appear to adversely affect the wetland area, development impacts will be analyzed in the SEPA checklist submitted with any specific development projects proposed for the site. C Significant Social Features 1 Street System The site is located along S 261P Street west of the Pacific Highway and east of the Interstate 5 freeway The street is currently developed with four lanes of travel abutting this site and is improved with curb, gutter, sidewalk and street lighting facilities The proposed rezone appears to have no impact on the transportation system at this time However, by rezoning the property to MRT-16 Multifamily Residential, future development could generate more daily and PM peak hour trips upon the City's street system than what is permitted under the existing zoning designation To mitigate for these impacts, upon development the applicant will be required to contribute environmental mitigation fees for the additional or increased PM Peak Hour Trips and provide street system improvements as determined necessary 2 Water System Water service is provided by the City of Kent and is currently available System improvements will be necessary to accommodate any subsequent development 3 Sanitary Sewer System The subject property is served by Midway Sewer District and sanitary sewer service is currently available System improvements will be necessary to accommodate any subsequent development 4 Stormwater System A stormwater system will be necessary to accommodate any subsequent development The developer will be required to construct a stormwater treatment system in accordance with Kent Construction Standards in - conjunction with a development proposal Page 4 of 11 Staff Report Klouzal Rezone #RZ-2002-2 KIVA#2021717 III CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application City Administrator City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk King County Env Health US Postmaster Washington State DOE Washington State DOT Puget Sound Energy Kent School District Midway Sewer District Qwest In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing Comments have been incorporated in the staff report where applicable IV PLANNING DEPARTMENT REVIEW A Comprehensive Plan In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan The 1995 plan was prepared under the provisions of the Washington State Growth Management Act The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement protects LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area The Land Use Plan Map designates the subject property as Low Density Multifamily Residential which allows up to sixteen dwelling units per acre The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area Overall Goal Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent residents Page 5 of 11 Staff Report Klouzal Rezone #RZ-2002-2 KIVA#2021717 Goal LU-8 The City of Kent adopts a 20-year housing target of 7,500 new dwelling units within the existing city limits Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area Policy LU-8 1 Provide in the land use plan adequate land and densities to accommodate both city and county housing targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services Policy LU-8 3 Locate housing opportunities within close proximity to employment, shopping, transit, and human and community services Goal LU-9 Provide opportunities for a variety of housing types, options, and densities throughout the city and the Potential Annexation Area Policy LU-9 2: Allow and encourage a variety of multifamily housing forms, such as townhouses, residences above businesses, triplexes and fourplexes, duplexes, and attached single-family units in multifamily districts and designated commercial areas Planning Services Comment The proposed rezone is supported by relevant goals and policies contained within the Land Use Element of the Comprehensive Plan The proposed location is easily and well served by existing urban services, and is conveniently located in proximity to urban activity centers along SR-99 (Pacific Highway South) If the proposed rezone is approved, the applicant intends to develop the site with multifamily condominium units providing additional housing options and home ownership opportunities within the City of Kent If not developed as condominium townhouse units, the MR-T16 zoning district supports a variety of residential uses including townhouses, duplexes and single family dwellings with flexible development standards HOUSING ELEMENT The primary goal of the housing element is to meet the current and future need for housing in the Kent area Overall Goal Ensure opportunities for affordable housing and an appropriate living environment for Kent Citizens, Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation and by being sensitive to the environmental impacts of the development Page 6 of 11 Staff Report Klouzal Rezone #RZ-2002-2 KIVA#2021717 Policy H-1 1 Ensure that community and human services, including, but not limited to, fire, police, library facilities, medical services, neighborhood shopping, child care, food banks, and recycling facilities, are easily accessible to neighborhood residents Goal H-2 Provide sufficient, diverse, and affordable housing for the existing and protected population of Kent Policy H-2 1 Promote a wide range of housing to meet the needs of our diverse population and ensure that this housing is available throughout the community for people of all income levels and special needs Policy H-2 2 Provide a sufficient amount of land zoned for current and protected residential needs, including, but not limited to, assisted housing, housing for low-income households, single-family housing, small lot sizes, townhouses, multifamily housing, manufactured housing, group homes, and foster care facilities Goal H-4 Expand home ownership opportunities for all income groups via land use regulations, financial strategies, and the removal of barriers to lending Policy H-4 1 Revise zoning and development standards to facilitate small lot sizes, manufactured housing on single-family lots, townhouses, condominiums, clustering, and other options which increase the supply of affordable home ownership opportunities Planning Services Comment The proposed rezone is supported by relevant goals and policies contained within the Housing Element of the Comprehensive Plan Appropriate services, including, but not limited to, fire, police, library facilities, medical services, neighborhood shopping, child care, food banks, and recycling facilities, are easily accessible via SR-99 (Pacific Highway South) to neighborhood residents Further, adequate transit services and pedestrian facilities exist to further serve the subject property The City has implemented tools such as the MR-T16 zoning district to provide sufficient, diverse, and affordable housing for the existing and protected population of Kent The MR-T16 zone allows home ownership to be realized in areas that are more likely not to redevelop as single-family detached unit subdivisions for various reasons (economic factors, marketability, surrounding land uses) The MR-T16 zone would allow for the clustering of housing units, which is known to increase the supply of affordable home ownership . opportunities Further, clustering also is a tool in which to avoid disturbing the portion of the property that contains wetlands while permitting the owner to maximize an allowed density of sixteen (16) units per acre Page 7 of 11 Staff Report Klouzal Rezone #RZ-2002-2 KIVA#2021717 NATURAL RESOURCES GOALS AND POLICIES Goal LU-20 Protect and enhance environmentally sensitive areas via the adoption of the City regulations and programs which encourage well-designed land use patterns such as clustering and planned unit development Use such land use patterns to concentrate higher urban land use densities and intensity of uses in specified areas in order to preserve natural features such as large wetlands, streams, steep slopes, and forests Goal LU-22 Ensure that the City's environmental policies and regulations comply with state and federal environmental protection regulations regarding air and water quality, noise and wildlife and fisheries resources and habitat protection Demonstrate support for environmental quality in land use plans, development regulations, and site plan review to ensure that local land use management is consistent with the City's overall natural resource goals Planning Services Comment The proposed rezone is supported by relevant goals and policies contained i within the Natural Resources Section of the Comprehensive Plan The property is encumbered by a significant wetland system Any subsequent development on the property would be subject to the wetland sensitive area requirements outlined in Chapters 15 08 and 11 05 of the Kent City Code which implement the above listed Comprehensive Plan goals As stated above, the City's MR-T16 zone allows flexibility in site design to protect sensitive areas and maximize the overall density of the site, whereas detached single-family on individual lots as required under the current zone does not offer the same considerations TRANSPORTATION ELEMENT- Goal TR-1 Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act Policy TR-1 2 Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways Policy TR-1 5 Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible Planning Services Comment; The Growth Management Act requires consistency between land use and transportation planning As noted, the comprehensive plan land use map identifies the property as Low Density Multifamily The Public Works Department will identify specific improvements, which will be necessary on South 260t" Street Page 8 of 11 Staff Report Klouzal Rezone #RZ-2002-2 KIVA#2021717 to serve future development of the property and accommodate the higher density permitted if this rezone is approved These improvements will be addressed in the project specific SEPA checklist to be submitted with any development proposal for the site B Standards and Criteria for a Rezone Request The following standards and criteria (Kent Zoning Code, Section 15 09 050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and cntena 1 The proposed rezone is consistent with the Comprehensive Plan Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as Low Density Multifamily, allowing densities up to 16 units per acre Rezoning the site to from SR-8 Single Family Residential to MR-T 16 Multifamily Residential Townhouse will allow residential development up to 16 units per acre which is also allowed under the Comprehensive Plan As mentioned previously, the proposed rezone is also consistent with the applicable goals and policies in the Comprehensive Plan 2 The proposed rezone and subsequent development of the site would be compatible with development in the vicinity Planning Services Comment The proposed rezone and subsequent development of the site would be compatible and integrate well with existing development in the vicinity Land Uses adjacent to the site are predominantly multi-family residential Several large parcels in close proximity to the north and east of the subject site are in use and zoned as medium density multifamily residential apartments Three parcels abutting the western boundary of the subject site are currently designated as SF- 6 Single Family Residential (6 units/acre) in accordance with the land use plan map and designated as SR-4 5 Single Family Residential (4 5 units/acre) in accordance with the zoning map Further west of the property along SR-99 (Pacific Highway South), are commercial uses, services, and shopping A large mobile home park is located to the northwest of the site The neighboring parcels designated and zoned for single family are large lots with development potential as detached single family residences on individual lots of record Similar to detached single family uses, under the MR-T16 zoning district individual ownership is promoted Further, as a multifamily project, design review will be required for any proposed development Through design review, the City will analyze the proposal for building elements, which will be sensitive to the physical context of surrounding uses and potential development in the area For example, setbacks, style, height, proportions, roof forms, color, materials, and other design elements will be incorporated into the buildings and site design to better integrate with neighboring single family uses and zones These Page 9 of 11 Staff Report Klouzal Rezone #RZ-2002-2 KIVA#2021717 adjacent properties also contain the same wetland system, which will be protected in a similar context and will be a consistent feature that properties in the area design around regardless of housing types 3 The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated Planning Services Comment The proposed rezone appears to have no impact on the transportation system at this time. However, by rezoning the property to MRT-16 Multifamily Residential, future development could generate additional daily and PM peak hour trips upon the City's street system, which is greater than what is permitted under the existing zoning designation of SR-8 Single Family Residential As stated previously, upon future development of the site, road and street frontage improvements to meet City of Kent roadway standards will be required as conditions of approval These improvements include but are not limited to curb, gutter, sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance Further, the applicant will be required to participate in other designated City transportation improvement projects by providing environmental mitigation fees for the impacts created by development 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Services Comment At the time this site was annexed in 1997 the area was characterized by large vacant or low density single family residential development surrounding by medium density multifamily Therefore, in accordance with the existing character of the area and to be consistent with the previous zoning and land use established under King County, the site was designated SF-6 Single Family Residential on the comprehensive plan land use map Further, the zoning was established as SR-4 5 Single Family Residential The site has remained undeveloped under the current zoning of SR-4 5 since annexed by the City in 1997 due in part to the lack of innovative development standards within single-family zones, economic factors, marketability, and surrounding land uses Since the original zoning was established, the City has implemented tools such as the MR-T16 zoning district to allow flexibility in development standards, and provide sufficient, diverse, alternative housing that is subject to specific design guidelines to help integrate into existing neighborhoods Lastly, in areas that are more likely not to redevelop as single- family detached unit subdivisions the City promotes home ownership under the MR-T16 zone as condominium developments 5 The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent Page 10 of 11 Staff Report Klouzal Rezone #RZ-2002-2 KIVA#2021717 Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan Subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated environmental impacts Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent V CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, City staff recommends APPROVAL without conditions of the Klouzal Rezone request KENT PLANNING DEPARTMENT October 2, 2002 CH\tm\S \Permit\Plan\rezone\2001\2021717-2002-2report doc -10 Page 11 of 11 1 - I cor z + � I AI .• *N a•\ TR A v� u F;A& ' 4 loft, 'fp rixsa-u.. r.cy•� ay .• Nn S! 2a h/ I°!I3/f..a .C{ w�r 4,�•/ }r pa' s ar-2s-a.c wv .,cN.aa'�. jv°a a rl,• L 9.^ny .rep ivr ncc E.us-.s-.y cc icl,..y.eaa) 131�64 ra!r ^ • .• Jet GG xcsr zrrozsSC (o s (4f3j- C T a F 7706240957 \'T^ " P,{ZC AGR I J`/ --- O > ,•Y h 4: N bill ' U! ea, 777 APPLICATION NAME KLOUZAL REQUEST #RZ-2002-2 KIVA #2021717 VICINITY MAP North Kent City Council Meeting Date November 19 2002 Category. Other Business 1. SUBJECT: TACOMA SECOND SUPPLY PROJECT (SEATTLE SHARE)— AUTHORIZE AND ADOPT 2. SUMMARY STATEMENT: The city of Seattle has relinquished its share of the Second Supply water project. Prior to Seattle's relinquishment, Kent had only one potential option to meet its projected long-term water supply needs,the proposed impoundment reservoir. Seattle's relinquishment now gives Kent a second option. However, should Kent choose not to take advantage of this option, the remaining partners will find another agency to take this share. Presently,three of the four remaining partners (Tacoma, Covington Water District and Lakehaven Utility District) have agreed to pick up three quarters of Seattle's original share, thus leaving the last quarter for us. The Public Works Department recommends that Kent pick up this last remaining quarter Staff will make a presentation at this time. 3. EXHIBITS: Two ordinances; Second Supply Project Partnership agreement "V (available in Council Office); and Repayment Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: D A. Councilmember W",04 moves, Councilmember �lfip Caen, seconds, to adopt Ordinance No. U2fa authorizing the Mayor to sign a revised Second Supply Project Partnership Agreement and a Repayment Agreement upon the City Attorney and the Public Works Director's concurrence with the language therein. (Continued on next page) B. Councilmember moves, Councilmember k4 LO seconds, to adopt Ordinance No._Vggl-, which increases water rates over the next 3 years and also increases the system development charges in the first year to pay for the additional financial obligations that go with the execution of the revised Second Supply Project Agreement. cy�yt lil C. Councilmember ) m'oves, Councilmember seconds, to direct staff to analyze possible options for selling all or portions of the city property currently designated for future use as an impoundment reservoir before DISCUSSION: ACTION Council Agenda Item No. 7B I V� I I ORDINANCE NO. I' AN ORDINANCE of the city council of the city of Kent, Washington, authorizing the execution of a revised Second Supply Project Partnership Agreement and Repayment Agreement, both of which address reallocation of a portion of the Tacoma Second Supply Project water capacity previously allocated to the City of Seattle WHEREAS, the city of Kent along with the cities of Tacoma and I Seattle, the Covington Water District, and the Lakehaven Utility District ("participants"), have previously entered into an agreement for allocation and use of the water to be delivered from the Tacoma Second Supply Project, and WHEREAS, the city has previously approved the execution of the Agreement for the Second Supply Project, and WHEREAS, the city of Seattle has elected to withdraw its participation from the Tacoma Second Supply Project arrangement, and WHEREAS, the remaining participants have negotiated the terms of a Ii revised Second Supply Project Agreement and have negotiated a Repayment ,'Agreement relating to Tacoma's issuance of project bonds, both of which address reallocation of the city of Seattle's original share among the remaining four participants, and 1 Tacoma Second Supply Project Authortzatton to Execute Agreements i WHEREAS, the city wishes to formally approve and authorize the execution of both agreements,NOW THEREFORE, I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. -Authorization - Agreement for Second Supply Prwect. The city council hereby approves the city's participation in the Second Supply Project and authorizes the mayor to execute the Agreement for the Second Supply Project, subject to approval of final terms and conditions by the public works director and the city attorney SECTION 2. - Authorization - Repayment Agreement The city council also approves the Repayment Agreement among the participants in the Second Supply Project and authorizes the mayor to execute and deliver the Repayment Agreement on behalf of the city, subject to approval of final terms and conditions by the public works director and the city attorney The mayor is further authorized to execute additional certificates and agreements to facilitate marketing the bonds, including certifying the information on the city in the official statement for the bonds, I making necessary tax certificates, entering into agreements in connection with bond ,insurance, and executing closing certifications SECTION 3. - Severabihty If any one or more section, subsections, or lsentences 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 in full force and effect i 2 Tacoma Second Supply Project Authorization to Execute Agreements . SECTION 4. —E((ectrve Date This ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law JIM WHITE, MAYOR 'ATTEST BRENDA JACOBER, CITY CLERK i APPROVED AS TO FORM 'TOM BRUBAKER, CITY ATTORNEY 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 it P\Onl\Ordmancc\Tacoma$ccond upplh-OrdmameAmhEaccuuon doc 3 Tacoma Second Supply Project Authorization to Execute Agreements i • it I ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington amending chapter 7 02 of the Kent City Code, increasing the temporary and permanent water rates within and outside the city limits by five percent (5%) for 2003, 2004, and 2005, and increasing the water system development charge li �I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS I SECTION I. - Amendment Section 7 02 160 of the Kent City Code is amended to increase the system development charge as follows Sec. 7,02.160. Installation and connection charges inside city limits. A Tap charge — Connection by water utility Any property owner within the city limits applying for water service shall pay in full a tap charge plus a system development charge prior to issuance of the water service permit The tap charge will include the cost of connection and laying the pipe from the city water main to the property line of the property to which service is desired, or at a distance of sixty (60) feet from the main toward such property line, whichever is shorter, The minimum tap charge so established for service installed by the water utility is as follows 1 Two hundred seventy-five dollars (S275) for each five-eighth (5/8) inch by three-quarter (3/4) inch connection 2 Three hundred twenty-five dollars ($325) for each three-quarter (3/4) inch connection t Water Rate Fee 5%Increase(2003-2005) and System Development Charge Increase 3. Three hundred fifty dollars ($350) for each one (1) inch connection 4. Six hundred dollars ($600) for each one and one-half (1 1/2) inch connection 5. Eight hundred dollars ($800) for each two (2) inch connection On any connection over two (2) inches, the minimum tap charge shall be the actual cost of the meter and installation,plus twenty-five (25) percent B Tap charge — Connection by licensed contractor If the workload of the water utility as determined by the director of public works is such that the installation of the water connection would interfere with the proper operation and maintenance of the water system, the director of public works may require that the property owner employ a licensed contractor to make the connection and install the necessary line and matenals except the water meter All such water services shall meet or exceed the standards and specifications approved by the director of public works The minimum tap charge is as follows- 1, One hundred dollars ($100) for each five-eighth (5/8) inch by three- quarter(3/4) inch connection 2 One hundred twenty-five dollars ($125) for each three-quarter (3/4) inch connection 3. One hundred seventy-five dollars ($175) for each one (1) inch connection 4 Three hundred sixty dollars ($360) for each one and one-half (1 1/2) I inch connection S. Five hundred dollars ($500) for each two (2) inch connection All such contractor installed connections shall be guaranteed by the contractor for a period of one (1) year i I� I 2 lVater Rate Fee S%Increase(2003-2005) and System Development Charge Increase 49 C Svstem development charge The system development charge is as follows 1 O..e the...and , e hwidred dellafs tel 1 nmTWO thousand six hundred dollars($2,600) for each meter less than one (1) inch in size 2 Oiie thousand. e hundred fifty e tilt dellafs ($1 959)Four thousand six hundred twenty-seven dollars ($4,627) for each one (1) inch meter 3 Ten thousand four hundred dollars ($10,400) for each one and one-half(1 1/2) inch meter III 4 Seven thetis nd .tilt huad.ed twenty twe dell rs tee 822 Ei hteen j thousand four hundred eighty-six dollars ($18,486) for each two (2) inch meter SeyeRteen thousand six hwidred dellaH ($1� cnm 5 Forty-one thousand i five hundred ninety four dollars ($41,594) for each three (3) inch meter 6 Thif4y .ie thousand twe hundred eighty f uF cellars (S3 284 Seventy- three thousand nine hundred thirty-three dollars ($73,933) for each four(4) inch meter 7 &eA)t eight thousand eight hundred eighty f /CA4 4P A„r dellafs \Orie hundred fifteen thousand five hundred twenty-eight dollars ($115,528) for each five (5) inch meter. 8 Se. enty thetisand e, ur hundred dollars (870 4"One hundred sixty-six thousand three hundred seventy-six dollars ($166,376) for each six (6) inch meter q Otte h, ndfe.i twe.,t y five the,..and eite h,mdfed fifty eight dents ( 59)Two hundred ninety-five thousand seven hundred eighty-six dollars ($295,786) for each eight(8) inch meter 10 One hundred .,ety five thousand five hundred rift„ eight dellafs ($1°�Four hundred sixty-two thousand one hundred sixty-two dollars ($462,162) for each ten (10) inch meter 'D Installation of undersized meter. If an undersized meter is installed, a deduction will be allowed from the above charges, including system development charges, which 'will reflect the difference to cost between the undersized meter and the regular size meter All service material (including water meter) will remain the property of the city 3 Water Rate Fee 5%Increase (2003-2005) and System Development Charge Increase E Tap change If the tap is changed to one of a larger size, the cost and expense of such charge must be paid before the larger size tap is installed. F. Paving replacement—charge If it becomes necessary during the installation of such connection on a time and material basis to break and replace either concrete or blacktop paving, then in each instance an additional charge shall be made to cover the cost of such repair SECTION 2. - Amendment Section 7 02 180 of the Kent City Code is amended to increase temporary water rates within the city as follows Sec. 7.02.180. Temporary water meters. I A When water service is required for a specific short-term duration, upon approval I'of the director of public works, a temporary water meter may be obtained from the water utility B Such meters shall only be used for a designated protect and shall be promptly returned to the water utility upon completion of the project or at the end of sixty (60) I I days, whichever comes first The meters are to be returned in the same condition as when rented, and the user shall be held responsible for any damage thereto including paying all repair or replacement costs While in the user's possession, the user shall be solely responsible for the meter and as such, should it be lost or stolen, the user shall pay the water utility the cost of its replacement I C The director of public works shall require that a cash bond be deposited with the I ,,city prior to receipt of a temporary meter The amount of the bond shall equal the (!replacement cost of the respective meter Upon return of the meter, the payment of all I' ;outstanding charges including any meter repair or replacement costs, the cash bond (shall be released back to the user I, I 4 Water Rate Fee 5%Increase(2003-2005) and System Development Charge Increase D Temporary meters may be moved from one (1) hydrant to another within the same project, provided, the water utility is notified in advance of the proposed relocation and that hydrant wrenches are used to make all connections and disconnections E The following temporary meter rates apply during the time penods listed below per one hundred (100) cubic feet of water used The eharge for wn4er aced t Memo" 4 te.. ofary meter shall he a4 a Fate of one doll..r aiid t1..Fty t1wee ee..4s ($1 33) per One III I (E)( ) of this seetio Effective Deeembef 31 e earge i'eF wat der use thF.Jugli , 1999� the hn the tempeFaff meter shall be at a Fate of V ,e dollars and thifly se..ts ($2 30) per an hundred (1 nm etibie &et, Effective Date January I—December 31 12/31/1999 $2 30 01/01/2003 $2 42 01/01/2004 $2 54 01/01/2005 $2 67 All rates are also subject to a one-time temporary meter charge a-i� ohargeas follows established in subFeet.ons (E)(1) and (E)(2) of this see4.e. 1 Up to one and one-half(1 1/2) inch meter, fifty dollars ($50), 2 Two (2) inch and larger meter, one hundred dollars ($100) Payment shall be made to full upon return of the meter If a meter is lost or stolen, payment for water used shall be based on an estimate made by the director of public works I� �I I I I,I 5 Water Rate Fee 5%Increase (2003-2005) and System Development Charge Increase SECTION 3. - Amendment Section 7 02 300 of the Kent City Code is amended to increase water rates within the city as follows. I� Sec. 7.02.300. Water rates within the city. IA. Water rates The following staggered rates apply during the time penods listed below Within each time period, the lower rate implies per one hundred (100) cubic feet of water used up to or equal to seven hundred (700) cubic feet, and the higher rate applies per one hundred (100) cubic feet of water used in excess of seven hundred (700) cubic feet- I Effective Date October 1 -April 30 Map 1 -September 30 <700 ft > 700 ft < 700 ft >700 ft 12/31/1999 $1 24 $1 69 $1 64 $2 09 O1/01/2003 $130 $177 $172 $219 O1/01/2004 $1 37 $1 86 $1 81 $2 30 O1/01/2005 144 $195 $190 $242 'The aienthly rate ffem Oeteber 1 te Apni 30 is eiie dellaf and twenty four- eents '(P 24)per one hu*4ed (109) eabie feet plus a manthly demand Amp for- serviee an ,„ete_ and rfrom May 1 t September 30 the .. nthly rate . e de11... a fid SiiA5, e it i ieents ($1 64) per- hun dred. ndred (109) eubie C .,et plus monthly .ie and el afge f servtee ..,id fnoef Eff, D 31e uye eeembeF 1999, ..,the enthly rate F afn Oeteber 1 to i 'Apfij 30 is ene dahaf and tvventy four eents (SI 24) per efie hundred (100) eubie feet li for A use lees thall OF equal to seven 1,, adfed (700) eubie feet plus efie dollar aad soEty nine eents (S i 69) per ene hundred (100) eubte feet fef all use gFeater thall se'ven ,hundred ( nn) eabie feet, plus a enthly demaii,1 el,arge for- s e ,. d mete.- Eff etiye Deeembe_ 31 1999 the «., «tl,l„ fate fe.„ May 1 to September 30 is one dollai-7 aFA sfxty fauf eepAs ($164) per- one liundfed (100) etibie feet fef all use less th II Io equa l to seven hundred (700 e„bie feet plus ywo aeilars and nine e„ts (S2 09) p 6 Water Rate Fee 5%Increase(2003-2005) and System Development Charge Increase one hur.ur:.,a. /1 nw\ „L,_ F er fey- all iise e..re than seven h.,..Ar,.A !700\ .,h. feet, plus „ enthly.1 eman.l ehafge f fs mete r et,,. All rates are also subject to a The monthly demand charge for service and meter, Cwhich is as follows Meter size Charge (inches) it 5/8 x 3/4 $ 220 I 1 245 1 'f2 3 30 2 400 3 13 95 4 1680 I 6 28 10 8 3759 10 4946 ' B. Lifeline customers The city council will establish ehgrbilrty criteria for lifeline customers For lifeline-qualified water service customers,the following rates apply for water use per one hundred (100) cubic feet the „ enthly rate is fbi4y five vents .e^ pee: one hundred (100) ,.,,h,e feet plus a mefithly de,....nd ehafge f6f: so.,,,..e afid meter l as ..et f9A . ..ubse.d,en (A) of this section Effective Date January I—December 31 12/31/1999 $0 45 01/01/2003 $0 47 01/01/2004 $0 49 0110112005 $0 51 it I All lifeline rates are also subject to the monthly demand charge for service and meter as set forth in subsection (A) of this section 7 Water Rate Fee 5%Increase (2003-2005) and System Development Charge Increase DC Rate adjustment 1. Subject to the right of access and inspection by a representative of the city, water service customers of the city may apply for a one-time rate adjustment for any single billing period under the following circumstances: a An accidental water leak has been discovered on the subject property; or b A water line failure has occurred on the subject property, or i c An unexplained, abnormal water meter reading has occurred on ilthe subject property even though subsequent city inspection of the water meter indicates that the meter is functioning properly This rate adjustment shall not exceed fifty (50) percent of the difference between the total amount of the billing period sought for adjustment mmus the i customer's average water usage For the purposes of this subsection, the "average water usage" shall be computed by determining the total volume of water consumed, under normal use conditions, during the preceding twelve (12) months and dividing ;,that total volume by the number of times the city would typically read the customer's ,water meter in a twelve (12)month period 2. This rate adjustment is permitted on a one-time basis only and can only be applied to one (1) billing period To be eligible for this rate adjustment, the affected water system must be owned by or subject to the exclusive control of the customer and be located between the city's water meter and owner's residence or structure. The bill sought for adjustment must exceed two (2) times the customer's highest usage in any ,,single billing period during the twelve (12) months prior to the billing period sought for adjustment �I I 3. Following a request for rate adjustment provided under this subsection, the city's finance director, or his/her designee, shall review the request and determine whether or not to adjust the customer's monthly billing In order to make a proper I� 8 Water Rate Fee 5%Increase (2003-2005) and System Development Charge Increase determination, city staff shall be entitled to access, inspect and approve the customer's water system repair prior to granting a rate adjustment 4 If approved, the city shall make this rate adjustment by issuing a credit to the customer's account after verification of leakage or water system failure, inspection of water meter and water system, where applicable, and verification of corrective repairs All repairs shall occur within thirty (30) days of application to the city 5 The owner may request reconsideration of the decision of the finance director, or his/her designee, by the city council through the city council's operation committee �I SECTION 4. - Amendment Section 7 02 310 of the Kent City Code is I amended to increase water rates outside the city as follows See. 7.02.310. Water rates outside city. A Water rates The following staggered rates apply during the time periods listed below Within each time period, the lower rate applies per one hundred (100) cubic feet of water used up to or equal to seven hundred (700) cubic feet, and the higher rate applies per one hundred (100) cubic feet of water used in excess of seven hundred (700) cubic feet Effective Date October 1—April 30 May I—September 30 <700 ft > 700 ft < 700 ft > 700 ft 12/31/1999 S164 $209 $200 $246 01/01/2003 $1 72 $2 19 $2 10 $2 58 01/01/2004 $1 81 $2 30 $2 21 $2 71 i 01/01/2005 $1 90 $2 42 $2 32 $2 85 The ,,,,...tt,r., _.,ta f-,..,, n...,,tie_ r .e n,.fr zn . e ,r„rr.,_ .,.,,r ,. ,,.., c,..,. ,.e.,rs rcr tiny per- ene hundred (100) eubfe feet ples a aienthb, demand eharge for senwe I� • 9 Water Rate Fee 5%Increase (2003-2005) and System Development Charge Increase htmdred (100) e..h.e feet plus a monthly demand Aarge for-sef-yiee- and f:eter EfC et...e Peeember- 31 1999 the monthly fate from Oetaber 1__to Apf i > , il 30 zsa-..v on ac ,9ellar and sua y few ee„ts (@1 64)pef mie hu adfe.l (100) e..h.e feet f r all use less th or ee..el to seven h. ndr-eA (700) e..h.e feet plus twe Aellare and nine Gents ($2 09) pef ene hundred (100) e.,h.e C et f f all use gfeatef than seven htindr-ed (700) e..h.e feet, e e th 'eubte feet f all use leas thaner- ee..al to seye.. h....A..ed (700) eubte feet plus two i Ithan seven h, ndre.l ( 700) ,.h. feet, plus a ..thl. .le .id eharge F e n' metef All rates are also subject to a The-monthly demand charge for service and meter which is as follows. Meter size Charge i (inches) 5/8 x 3/4 $ 220 1 245 1 %, 3 30 2 400 �I 3 1395 4 1680 6 2810 8 37 59 10 4946 B. Lifeline customers The city council will establish eligibility criteria for lifeline customers For lifeline-qualified water service customers, the following rates apply for lwater use per one hundred (100) cubic i feet plus a monthly demand eha e fn e e and ere et faith .ha et... (A � �.a 10 Water Rate Fee 5%Increase (2003-2005) and System Development Charge Increase Effective Date January I—December 31 12/31/1999 $0 48 01/01/2003 $0 50 01/01/2004 SO 53 01/01/2005 $0 56 All lifeline rates are also subject to the monthly demand charge for service and �I meter as set forth in subsection (A) of this section 'IIE EligibiinTcfiiefia ioriifeline fate shall be as established by eity 68. ::•1 I !DC Rate adiustment 1 Subject to the right of access and inspection by a representative of the city, water service customers of the city may apply for a one-time rate adjustment for any single billing period under the following circumstances a An accidental water leak has been discovered on the subject property, or b A water line failure has occurred on the subject property, or c An unexplained, abnormal water meter reading has occurred on the subject property even though subsequent city inspection of the water meter ,indicates that the meter is functioning properly This rate adjustment shall not exceed fifty (50) percent of the difference between the total amount of the billing period sought for adjustment minus the customer's average water usage For the purposes of this subsection, the "average 'water usage" shall be computed by determining the total volume of water consumed, under normal use conditions, during the preceding twelve (12) months and dividing that total volume by the number of times the city would typically read the customer's water meter in a twelve (12)month period 2 This rate adjustment is permitted on a one-time basis only and can only be applied to one (1) billing period To be eligible for this rate adjustment, the affected 11 Water Rate Fee 5%Increase(2003-2005) and System Development Charge Increase water system must be owned by or subject to the exclusive control of the customer and be located between the city's water meter and owner's residence or structure The bill sought for adjustment must exceed two (2) times the customer's highest usage in any single billing period during the twelve (12) months prior to the billing period sought for adjustment. 3. Following a request for rate adjustment provided under this subsection, the city's finance director, or his/her designee, shall review the request and determine ,whether or not to adjust the customer's monthly billing In order to make a proper determination, city staff shall be entitled to access, inspect and approve the customer's water system repair prior to granting a rate adjustment 4 If approved, the city shall make this rate adjustment by issuing a credit to the customer's account after verification of leakage or water system failure, (;inspection of water meter and water system, where applicable, and verification of corrective repairs All repairs shall occur within thirty (30) days of application to the city. 5 The owner may request reconsideration of the decision of the finance , 'director, or his/her designee, by the city council through the city council's operation committee II SECTION 5. —Severabilety If any one or more section, subsections, or I sentences of this ordinance are held to be unconstitutional or invalid, such decision I(shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 6. —Ejfectave Date This ordinance shall take effect and be 1�m force thirty (30) days from and after its passage, approval and publication as I provided by law I JIM WHITE, MAYOR 12 Water Rate Fee 5%Increase(2003-2005) isand System Development Charge Increase ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM �I TOM BRUBAKER, CITY ATTORNEY PASSED- day of 12002 ICI APPROVED day of 12002 PUBLISHED day of 12002 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) BRENDA JACOBER, CITY CLERK P\Crvd\Orden...6 mnft qm.d 2W2 FINAL da it i �I 13 Water Rate Fee 5%Increase(2003-2005) and System Development Charge Increase REPAYMENT AGREEMENT D n This Agreement, effective November 1, 2002, is by and among the City of Tacoma, Washington ("Tacoma"), the City of Kent, Washington ("Kent'), Covington Water District ("Covington") and Lakehaven Utility District ("Lakehaven" and, collectively, the "Participants'). WHEREAS, the Participants entered into the Agreement for the Second Supply Project (the "Project Agreement') to obtain required permits for, design, finance, construct, operate and maintain certain property and facilities to obtain and receive deliveries of water for the Participants from the exercise by Tacoma of the Second Diversion Water Right (the "Project'); and WHEREAS, the Project offers to all of the Participants an additional source of water with the benefits of joint development, tax exempt financing and economies of scale; and WHEREAS, Tacoma has agreed to finance, to the extent not prepaid by Participants, Initial Project Construction costs (as defined in the Project Agreement) by the issuance of nonrecourse revenue bonds to be issued by Tacoma for a separate regional water supply system (as defined in the Project Agreement, "Project Bonds'); and WHEREAS, Lakehaven has elected to pay its share of Initial Project Construction costs and will not participate in the issuance of the Project Bonds; and WHEREAS, Kent and Covington have elected to have Tacoma issue Project Bonds to finance a portion of their shares of Initial Project Construction costs, and WHEREAS, the Tacoma Public Utility Board has approved and the Tacoma City Council will adopt an ordinance (the "Ordinance') authorizing Tacoma to issue not to exceed $100,000,000 principal amount of its Regional Water Supply System Revenue Bonds, 2002 (the "Bonds'), to finance the portion of the Project described in the Ordinance; and WHEREAS, the Tacoma City Council will adopt a resolution (the "Resolution') once the Bonds are sold setting the final terms of the Bonds; and WHEREAS, it is advisable to elaborate on the Project Agreement's payment sections; and WHEREAS, the Bonds will be Project Bonds under the Project Agreement; and WHEREAS, the Participants wish to set forth the terms under which the Participants shall make payments to Tacoma equal to their share of the principal of and interest on the Bonds when due and to confirm other matters required to market the Bonds; and WHEREAS, this Agreement has been duly authorized by ordinance or resolution of each of the Participants and by the City, NOW,THEREFORE,the Participants agree as follows: Section 1. Term. This Agreement shall take effect upon its execution by the Participants and shall expire when the Bonds are no longer outstanding under the Ordinance. Section 2. Payments by Kent and Covington. Notwithstanding any provision of Section 25 of the Project Agreement to the contrary, Kent and Covington's obligations to repay their share of the Bonds shall be governed by the following provisions. (a) Covington and Kent hereby acknowledge and agree that they shall pay Tacoma 22.0914% and 22.9348%, respectively, of the principal of and interest on the Bonds and are liable to repay Tacoma amounts due and owing with respect to such principal and interest as estimated on Schedule A. A final schedule showing Covington and Kent's proportionate share of the payments of debt service on the Bonds will be attached to this Agreement when the Resolution has been adopted by the Tacoma City Council. Interest on the Bonds is payable semiannually on each June 1 and December 1, commencing June 1, 2003. Principal of the Bonds shall be payable annually on each December 1, commencing in 2005 and ending in 2032 Interest on the Bonds shall be calculated based on a 360-day year of twelve 30-day months The Bonds shall bear interest at the rates set forth in the Resolution. (b) Kent and Covington shall remit to Tacoma by the 15th day of each month(or the next following business day if such date is not a business day), commencing with the month following the issuance of the Bonds, an amount equal to one-sixth of the interest and one-twelfth of the principal (or such greater fraction if there are less than six or twelve months, as applicable, to the next interest or principal date) next coming due based on their percentage share of the Bonds as shown on the final Schedule A. Payments shall be sent by check or electronic transfer to the address or account shown on Schedule B. Tacoma shall not be required to bill Kent and Covington for these payments. All interest earnings on the amounts submitted by Kent and Covington in any year shall be used to reduce their respective first monthly interest and principal payment in the next succeeding year. Each December Tacoma shall send Kent and Covington a reconciliation statement showing their January payment to reflect the interest earned on their prior year's payments. (c) Tacoma agrees to deposit all amounts received from the Participants under this Agreement in the City of Tacoma Regional Water Supply System Bond Fund created under the Ordinance and to use such money for the sole purpose of paying the principal of and interest on the Bonds and Future Parity Bonds (as defined in the Ordinance). If Tacoma draws on the Reserve Account to cover a payment not made by any Participant, Tacoma may deposit amounts related to such late payments paid pursuant to paragraph(b) above to the Reserve Account to meet the Reserve Account Requirement(as such terms are defined in the Ordinance). (d) Kent and Covington may provide for the prepayment of all or a portion of their allocable share(in increments of$5,000) of the Bonds on any date when the Bonds are subject to optional redemption (at the price set forth in the Resolution) upon at least 60 days written notice to Tacoma at the address shown on Schedule B. Tacoma shall apply those amounts to the redemption and prepayment of an allocable portion of the Bonds. (e) Consistent with the terms of the Project Agreement, each Participant agrees that it will establish, maintain and collect rates and charges for water and other services, facilities and commodities sold, furnished or supplied by it through its water system which shall be adequate to provide revenues sufficient to enable the Participant to make its required payments under this Agreement (in the case of Kent and Covington) and the Project Agreement and comply with the rate covenants in their respective resolutions or ordinances authorizing their senior lien water bonds (as suchcovenants may be changed). (1) Kent and Covington shall remain obligated to provide for their respective shares of debt service on the Bonds listed on final Schedule A unless all Participants consent to add a new Participant or to permit an existing Participant to assign its interests to a new Participant and all of the requirements set forth in Section 20(c) of the Ordinance are met. In such event, Schedule A shall be adjusted to reflect the revised debt service schedule for all Participants, including the new Participant. All other terms and conditions of this Agreement shall remain in full force and effect (g) Tacoma may in its sole discretion issue bonds that refund the Bonds ("Refunding Bonds") if and only if there is a debt service savings for each maturity of Refunding Bonds (compared to the Bonds and except as necessary to round out maturities to the nearest $5,000) and the final maturity date of the Refunding Bonds is not later than that of the Bonds. In such event, Kent and Covington shall be obligated to provide for the payment of their respective shares of the principal of and interest on those Refunding Bonds, and Schedule A shall be adjusted to reflect the revised debt service schedule for the Refunding Bonds. Refunding Bonds that do not provide the debt service savings with the maturities described above may be issued by Tacoma only with the written approval by both Covington and Kent. "Refunding Bonds" shall be treated as `Bonds" for the purposes of this Agreement, and all other terms and conditions of this Agreement shall remain in full force and effect Section 3. Covenants. (a) Kent and Covington shall not (a)enter into any contracts with private parties for the management of their water systems or(b) enter into any contracts with a private party or the Federal Government that exceed three years (or such lesser period if informed in writing by Tacoma) for the sale of water from the Project without providing a copy of any such proposed contract to Tacoma for review by Tacoma and Tacoma's designated nationally recognized bond counsel. Kent and Covington shall not execute any such contract if, in the opinion of such bond 3 PVAW64MN2" counsel, the sales or management agreement as proposed would adversely affect the tax-exempt status on the Bonds. (b) Kent covenants that it will not amend its Ordinance No. 3258 or adopt an ordinance authorizing the issuance of revenue bonds the effect of which would be to limit Kent's ability to declare Kent's obligations under the Project Agreement and this Agreement to be a contract resource obligation of Kent. Kent agrees that it shall provide Tacoma a certificate of an engineer as provided in Section 22 of Ordinance No.3258 and take all other necessary action to declare Kent's obligation to pay its share of costs of the Project as a contract resource obligation of Kent. (c) Lakehaven covenants that (1) it will not amend its existing bond resolutions to limit its ability or obligation (so long as the Project is producing water) to pay all costs of the Project as operating and maintenance expenses of its system and (2) when it issues additional bonds, it will amend its bond resolutions to permit it to treat its share of all costs of the Project, including when the Project is not operating, as operating and maintenance expenses of its system or as a contract resource obligations. (d) Covington covenants that it will not issue any additional bonds on a panty of lien with its Water Improvement and Refunding Revenue Bonds, 1995 and its Water Revenue Refunding Bonds, 2001, and that it will include a provision in its future bond authorizing resolutions enabling it to treat its share of all costs of the Project, including when the Project is not operating, as a contract resource obligation. (e) Each Participant represents that it has no outstanding utility revenue bonds or other obligations including Public Works Trust Fund loans, and covenants that it will issue no future utility revenue bonds or other obligations including Public Works Trust Fund loans,that in either case permit the owners or holders to accelerate debt in the event of a default. Each Participant further covenants that it will not enter into any agreement or adopt any resolution or ordinance granting the owners or holders of any revenue obligations the right to accelerate payment in the event of default. Section 4. Ongoing Disclosure. To assist the underwriters of the Bonds in complying with the ongoing disclosure requirements of Section(b)(5)(i) of Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (the"Rule'), Covington and Kent agree to include reference to the Bonds in their regular ongoing disclosure filings pursuant to the Rule or, in the absence of a regular ongoing disclosure filing, to provide or cause to be provided annually to each nationally recognized municipal securities information repository and to the state information depository for the State of Washington(if one is created), in each case as designated by the SEC in accordance with the Rule, audited financial statements prepared in accordance with generally accepted accounting principles applicable to Washington municipal corporations (except as noted in such financial statements) within eight months after each fiscal year. Covington and Kent shall provide Tacoma a copy of such filing by each September 1'. 4 PWMff"W 72+ • Section 5. Official Statement. The Participants acknowledge that Tacoma is preparing an official statement for the sale of the Bonds. The Participants agree to cooperate with Tacoma in providing information regarding the Participant for inclusion in the Official Statement and to certify that the information provided is accurate. Section b. Assignment: Third Party Beneficiary. The Participants shall not assign their interests or obligations under this Agreement without the prior written consent of all the other Participants. This Agreement shall inure to the benefit of and shall bind the respective assignees. The Bondowner's Trustee (as defined in the Ordinance) may enforce a Participant's obligation to provide for payments that are due under this Agreement. There are no other third party beneficiaries of this Agreement. Section 7. Communications. Communications between the parties, including reconciliation statements and electronic transfers sent pursuant to Section 2(b), shall be delivered in person, mailed, e-mailed or faxed to the addresses and to the attention of the person and account specified on Schedule B of this Agreement. A party may change such address or account or specified person by submitting to the other parties a revised Schedule B. Section 8. Operating Reserve. The Parties agree to establish an operating reserve account to help smooth out operating expenses and provide a contingency. The Project Committee shall, from time to time, establish the appropriate level of operating reserve, which amount shall be not less than $200,000. Section 9. Amendments: Reliance. No amendment of any provision of this Agreement shall be valid unless set forth in a written amendment signed by all parties Tacoma will issue the Bonds in reliance on this Agreement Section 10. Severability. If a provision of tlus Agreement is held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision and this Agreement shall be construed as if such invalid or unenforceable provision had never been contained in this Agreement. Section 11. Governing Law. This Agreement shall be governed and interpreted under the laws of the State of Washington. Section 12. Counteryarts. This Agreement may be executed in counterparts, and each shall be considered an original when the signature of each party has been obtained Section 13. Waiver. No provision of this Agreement may be waived except as documented or confirmed in writing and no such waiver may be used to materially impair the force and effect of any substantive provision of this Agreement. Any waiver at any time by a party of its right with respect to a default under this Agreement, or with respect to any other matter arising in connection therewith, shall not be deemed a waiver with respect to any subsequent default or matter. • 5 Pwwrvovml CITY OF TACOMA By Its CITY OF KENT By Its LAKEHAVEN UTILITY DISTRICT By Its CO VINGTON WATER DISTRICT By Its SCHEDULE A Allocable Payments for Debt Service A-1 pwMPMWMI SCHEDULE B Notice Addresses • B-1 rvewww u, Kent City Council Meeting • l��///""'" Date: November 19, 2002 Other Business 1. SUBJECT: KING COUNTY CONSERVATION FUTURES INTERLOCAL GRANT AGREEMENT — ACCEPT AND AMEND BUDGET 2 . SUMMARY STATEMENT In September 2002, Kent Parks Planning and Development received $400, 000 00 from the King County Conservation Futures Fund for open space acquisition of the Mordhorst Property. The funds will be used in the Clark Lake Park Land budget. The Operations Committee recommends authorization to enter into an agreement with King County for Conservation Futures Interlocal Funds and amend the Clark Lake Land budget for $400,000 .00. 3 EXHIBITS: Copy of Interlocal Agreement from King County 4. RECOMMENDED BY Staff, Operation Committee 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: • SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: 8 . Councilmember moves, Councilmember seconds to accept the King County Conservation Futures Interlocal grant in the amount of $400, 000 000 and authorize the Mayor to enter into the King County Conservation Futures Agreement and amend the Clark Lake Land budget accordingly DISCUSSION: ACTION: Council Agenda Item No • d AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 29th day of January, 1991, as previously amended The parties agree to the following amendments Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Clark Lake Acquisition, and hereafter reads • On September 30, 2002 the King County Council passed Ordinance 14485 which appropriated a total of Four Hundred Thousand Dollars ($400,000) in Conservation Futures Levy proceeds to the City of Kent for the Clark Lake acquisition Project On September 30, 2002 The King County Council passed Ordinance 14486, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 14485 Amendment 2: Article V. Conditions of Agreement Section 5 1 is appended to include Attachment E, which lists a 2002 Conservation Futures Levy Allocation for the Clark Lake Acquisition project Amendment 3: Article VIi. Responsibilities of County The first two sentences of this article are appended to include Attachment E, which lists a 2002 Conservation Futures Levy proceeds allocation for the Clark Lake Acquisition Project Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through E to be used • for the Projects listed in Attachments A through E The City may request Amuuinwnl K Annual CI 1 Inteilocal kwi-Kutg Courtly 2002 CFI proLeLds -1- additional funds, however, the County has no obligation to provide fiords to the City for the Projects in excess of the total amounts shown in Attachments A through E The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended This document shall be attached to the existing Interlocal Cooperation Agreement IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below. KING COUNTY CITY OF KENT Ron Sins King County Executive Mayor Date Date Acting under the authority of Acting under the authority of Ordinance 14486 Ordinance Dated Dated Approved as to form Approved as to forna NORM MALENG King County Prosecuting Attorney City Attomey • Amendment L Annual C r r InlLilnLal kLnl-King County 2002Cr1 III cocds -2- ATTACHMENT E 2002 CONSERVATION FUTURES LEVY CITY OF KENT ALLOCATION Jurisdiction Project Allocation Kent Clark Lake Acquisition $400,000 TOTAL $400,000 Project Description: Clark Lake: Acquisition of a 78-acre property located on 120th Avenue SE in Kent on the mvestern end of Clark Lake in the city of Kent. City of Kent—Clark Lake Acquisition $400,000 Amendment C Annual CFT I11IUl0ea1 hcnl-King County 2002 C I T pi oceeds REPORTS FROM STANDING �� COMMITTEES AND STAFF A. COUNCIL PRESIDENT o 6a� /1 + A104 J6 Co L PM =� '" ' UJL h2 cytnr a B. OPERATIONS COMMITTEE PACD PZdz -r, C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS / E. PLANNING COMMITTEE F. PARKS COMMITTEE 1/V 4 � 10 q G. ADMINISTRATIVE REPORTS MUnvtw 3go it REPORTS FROM SPECIAL COMMITTEES a OPERATIONS COMMITTEE MINUTES October 15, 2002 COMMITTEE MEMBERS PRESENT Chair Rico Yingling, Leona Orr, Tim Clark STAFF PRESENT- Tom Brubaker, John Hodgson, Kathenn Johnson, Menna Hanson,Marty Mulholland, Bob Olson, John Hillman, Jackie Bicknell The meeting was called to order at 4 08 PM by Chair Rico Yingling Approval of Minutes of October 1, 2002 Committee Member Leona Orr moved to approve the minutes of October 1, 2002 The motion was seconded by Committee Member Tim Clark and passed 3-0 Approval of Vouchers dated October 15, 2002 Tim Clark moved to approve the vouchers dated October 15, 2002 The motion was seconded by Leona Orr and passed 3-0 New Maintenance Contract for HP Minicomputers Bob Olson, Information Technology Client Services Manager, presented the new maintenance contract for HP minicomputers for approval He said that after sending out four RFPs and receiving four responses, InnerVu of Kirkland, Washington was selected to do the maintenance Savings should be approximately$40,000 annually and the City would be provided with quality support for the systems Leona Orr moved to recommend that Council authorize the Mayor to sign a contract with InnerVu Corporation for maintenance of Hewlett-Packard minicomputers, subject to City Attorney approval of contract documents. The motion was seconded by Tim Clark and passed 3-0. City Council Rules and Procedures—Amend Resolution Tom Brubaker, City Attorney, noted that at the last meeting there was concern that Item#7 of Section 5 should ensure that none of the Council's authority be unnecessarily delegated to the administrative branch of the City The Committee had suggested that Section 5, item #7 state that the Council president would act as a Council liaison to the Mayor's office on policy issue consideration, including elements of tuning Tim Clark clarified that it would be a question of agreement or disagreement with the administration in terms of a particular policy and there needed to be a recognition that the term did not imply that it was the objective of the legislative branch to pass through everything from the administration Leona Orr pointed out a correction on item 2, Section 5 "Set the council's agenda, in coordination with the Mayor and City Clerk's offices,"should read office, not offices, Leona Orr moved to recommend that Council adopt the proposed resolution which revises the City Council's internal rules and procedures. The motion was seconded by Tim Clark and passed 3-0. Operations Committee, 10/15/02 2 Council Agenda Format Changes Tim Clark pointed out a change suggested by Leona Orr for different wording under Other Business to make sure that people would understand they would have the opportunity to speak to items listed under Other Business Mr. Clark said he concurred with the change Tim Clark moved to recommend that Council approve the changes in the format of the Council agenda with the editorial change that Ms. Orr and Mr. Clark agreed upon. The motion was seconded by Leona Orr and passed 3-0. Dedicated Funds for Human Services Menna Hanson,Housing and Human Services Planner, gave an overview of the programs created with the 1%Dedicated Funding Source to Human Services She said that the City first dedicated funding to Human Services in 1975, and ten years later the City Council Work Plan targeted Human Services as a top priority for its policy In 1986, the City established a Human Services Commmssion comprised of members of the community, including representatives from the business community, service clubs, the faith community, agencies, citizens who had been actual users of services, and a councilmember. In 1989, the City took a major step by allocating 1% of its General Fund revenue to fund Human Services,which doubled the amount of funding In 1992, the City established the Office of Housing and Human Services, and in 2000, the division became part of the Parks Department after previously being part of the Planning Department In 1975, the City had a population of 17,000 residents, and that has increased five fold With the increase in population has come a complexity of human service needs of the citizens Since 1990, the per capita amount of funding spent on Human Services increased by only$1 and that has ebbed and flowed within that time It was actually higher in 1995 than today, and it depends on the revenue Funding increases allows the City to meet urgent needs in the community while continuing to support core services, focusing on specific areas, participation in cooperative funding plans with neighboring jurisdictions, and the supporting of new initiatives and programs in Kent The monitoring process is very thorough to ensure that agencies are spending the money appropriately(with the Housing and Human Services staff monitoring all the funded agencies for contract compliance and preparing quarterly staff reports for the Commission) Most of the agencies provide more service to Kent residents than is funded, and only one has been de-funded for failure to perform. The agencies use the funding from Kent to leverage money from other sources The entire 1%is allocated to agencies and that funding base means that Kent can ensure that Human Services are available to the community An average of 10 calls are received per day,mainly from citizens of Kent or relatives of citizens Sometimes agencies will refer people to the City and that allows the building of partnerships with service providers within the community and provides a mechanism for developing and enhancing systems to meet critical needs. It enhances the Home Repair Program, ensures that services needed by other City departments are available to the residents, and allows the agencies to serve the maximum number of Kent residents The money is not applied to Housing and Human Services staff or any administrative costs The 2002 budget was S53 million Housing and Human Services Manager Kathenn Johnson said there were additional Human Service Funds of approximately half a million dollars in direct allocations to the agencies in the Housing and Human Services Office budget, also an allocation of about $17,000 to Hamson House, and money 10 for other things like mental health through the county and public health department The Home Repair Program,because it's federal funds, is an income based program, and staff is required to track Operations Comrmttee, 10/15/02 3 ethnicity and to make sure that everybody qualifies according to their income levels The program is advertised in the quarterly Parks brochure that goes out to every household in Kent and is a home ownership based program It doesn't necessarily reach as many people from different ethnic backgrounds because many in the low income ethnic communities are renters But in terms of home ownership and compared to some of the census data, it seems to be working Repair is done on mobile homes, condominiums, townhouses, and detached single family homes There is also an apartment based program for people who are disabled to improve handicap accessibility(anything beyond that in a rental would be improving the property of a landlord as opposed to a home owner) Services include an Information Referral Specialist, food, and sometimes prescription drugs for home bound seniors, or in some situations, turning the heat back on for a senior that was unable to pay the bill The City works with the Multi Service Center to help those people out Leona Orr thanked Ms Johnson, the Human Services Commission, and the Human Services staff for doing an outstanding job each year sorting through all the applications and dealing with the funds to make sure they went to the right places. The meeting adjourned at 4 53 PM Jackie Bicknell Council Secretary i PARKS COMMITTEE MINUTES October 8, 2002 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Conine Epperly, Bruce White STAFF PRESENT John Hodgson,Kathenn Johnson, Lon Flemm, Kim Adams-Pratt,Jackie Bicknell The meeting was called to order at 4.00 PM by Chair Judy Woods. Approval of Minutes of September 10, 2002 Committee Member Bruce White moved to approve the minutes of September 10, 2002 The motion was seconded by Committee Member Connie Epperly and passed 3-0. 2003-2007 Housing and Human Services Consolidated Plan Certification—Authorize Housing and Human Services Manager Katherin Johnson said that for the past 8 months, staff had been working on the Kent Consolidated Plan that was required for submission to HUD in the process of applying for Metropolitan City(Entitlement)Status where the City would get its allocation directly from the federal government. The Plan follows federal regulations. Chair Woods asked Ms Johnson to explain why this would be a more positive way to receive funds than the manner in which the City had been receiving them for so many years Kathenn Johnson said that since the CDBG Program came into existence when the old federal revenue sharing dollars went away, Kent has been a member of the King County consortium and became a pass-through city A pass-through city receives the allocation from King County. However, King County has to take administrative costs off the top of the allocation, and they also do set-asides, some of which benefited Kent residents and some that did not. By agreement of the consortium as a whole, some of the money was set aside and spent on things that were considered countywide or regional in nature The City then had choices on how they used whatever funding was left With the allocation directly from the federal government, Kent receives the money directly and is allowed to use up to 20% for administrative costs Over the years, there has been a significant decrease in the amount of administration dollars that came into the City because more and more money was spent at the county level to pay for their administrative costs With the direct entitlement, Kent is getting considerably more money, and this current year will be getting approximately$72,000 for administrative costs Next year,the City will get $122,000 for administrative costs through the same funding mechanism It gives the City greater control of how to spend the dollars in the City of Kent. In answer to Bruce White's request for information on the Anti-displacement and Relocation Plan, Ms Johnson said that if the City condemns a building or does an abatement of a building and low to moderate income people are dislocated, then the City is responsible for relocating them Connie Epperly moved to recommend authorizing the Mayor to sign the Certifications and to forward the 2003-2007 Housing and Human Services Consolidated Plan to the U.S.Department of Housing and Urban Development(HUD) for funding. The motion was seconded by Bruce White and passed 3-0. Parks Committee, 10/8/02 2 Proposed 2003 Community Development Block Grant Funding Allocations—Approve Katherin Johnson said that as an Entitlement City,Kent no longer had to meet former time lines but was now meeting the federal government's time lines. Every year the City will be required to produce an Action Plan that outlines how the money will be spent and that reflects what is in the five year Consolidated Plan. By federal law, only 15% (based on the $613,000 projection that HUD provided)of the allocation can be used for Public Service dollars. That number is not yet based on the 2000 census nor reflective of the current appropriation,but was the best guess for a starting point Public Service The three listed public service programs all meet basic needs of the Kent community. In the event more money is received than allocated, the Commission has recommended that the Multi Service Center Housing Stability Program be funded, which would be a new program to Kent. If the increase is less than $5,000 the increase would be divided equally between the recommended agencies. If there is a decrease, that would be split proportionately among the currently funded agencies Capital Funding The Capital Funding part (the Housing and Community Development piece) is the largest percent of the grant at 65 % It can be used for construction, infrastructure, facility and housing development for non profits, or economic development. This year it will go towards the Kent Home Repair Program (which serves low to moderate income home owners who reside in the City of Kent) to maintain the current level of funding,to the Kiwanis Tot Lot 4 for play equipment, and the Children's Therapy Center(which serves children under the age of six with developmental and physical delays) The money for those three programs totals $398,450. Additional funds (up to $100,000)would be allocated to the Children's Therapy Center Community Facility Project, and any additional capital funds in excess of the $100,000 would be allocated to the Kent Youth and Family Services Elevator Project If there is a decrease in funds, the Children's Therapy Center Community Facility Project would be first to see the decrease and then the Parks project. Planning and Administration Planning and Administration money make up 20% of the grant. That money is utilized to pay staffing, a full time planner, and to pay 30%of the Admen Assistant's salary (which the City's General Fund has been paying) It can also be used for planning purposes Ms Johnson said the first year quite a bit would be used for travel and training so staff could attend all the HUD training seminars Bruce White moved to recommend approval of the Proposed 2003 Community Development Block Grant Program Funding Allocations, including the Contingency Plan,and to authorize the Mayor to execute the appropriate contracts. The motion was seconded by Connie Epperly and passed 3-0. Fee-In-Lieu of Funds for 132"d Avenue Neigbborhood Park—Approve Parks Planning and Development Superintendent Lon Flemm said fee-in-lieu of mandatory dedication of open space funds were received for the third quarter of this year in the amount of $7,125 from one developer of a subdivision located close to the proposed 132"d Street Neighborhood Park. Parks Conumnee, 10/8/02 3 Connie Epperly moved to recommend acceptance of the fee-in-lieu of funds totaling$7,125 and to amend the 132"Avenue Neighborhood Park budget. The motion was seconded by Bruce White and passed 3-0. Make A Difference Introduction Lori Flemm said that Make A Difference Day would take place on Saturday, October 26'h Make A Difference Day is observed throughout the country, and this would be the 8`h year that Kent has participated in the celebration. People from the community are invited to come and work with staff in two of the City's parks that day— Clark Lake Park, and along the Green River Trail just south of Russell Woods Park Working hours will be from 9 AM—4 PM, and people can work as long as they wish and should bring their own tools Ms Flemm said participation forms could be picked up at any City building. The meeting adjourned at 4 34 PM Jackie Bicknell Council Secretary • PUBLIC SAFETY COMMITTEE MINUTES October 8, 2002 COMMITTEE MEMBERS PRESENT. Chair Connie Epperly, Julie Peterson, Rico Yingling STAFF PRESENT Jim Schneider, Chuck Miller, Pat Fitzpatrick, Jackie Bicknell The meeting was called to order at 5 08 PM by Chair Connie Epperly "Crime Activity Study for the North Central Avenue Area"was added to the agenda Approval of Minutes of September 16, 2002 Committee Member Rico Yingling moved to approve the minutes of September 16, 2002 The motion was seconded by Committee Member Julie Peterson and passed 3-0 Bureau of Justice Grant—Accept and Establish Budget Deputy Police Chief Chuck Miller said that the $32,000 Bureau of Justice Grant was a continuation of a current program The grant authorizes up to 50% reimbursement for the cost of ballistic vests for police and correction officers The current grant does not expire until 2004, but staff wanted to be proactive and have this one in place and part of the budget Rico Yingling moved to recommend that Council accept the Bureau of Justice Administration Ballistic Vest Grant funding and establish a budget for the same. The motion was seconded by Julie Peterson and passed 3-0. Interlocal Agreement with the City of Covington to Provide Fire Prevention Services Fire Chief Jim Schneider said that the City of Covington had approached the City of Kent with a request for Kent to provide fire prevention services within their city limits (This service was previously done by the county who is no longer providing that kind of service ) The type services requested were plan review, inspections for new construction and permits, and annual business inspections After lengthy negotiations, an mterlocal agreement was reached and has been approved by both the Cities of Kent and Covington's legal departments Per the agreement, The City of Covington will pay Kent a fee of$100 per hour for the services Quarterly payments will be received of$12,500, which is an estimate of the cost of anticipated staff time Any payments over or under the estimated quarterly amount would be adjusted on an annual basis Julie Peterson moved to recommend that Council authorize the Mayor to sign the Interlocal Agreement with the City of Covington relating to inspections and development review conducted pursuant to the Uniform Fire Code. The motion was seconded by Rico Yingling and passed 3-0. Crime Activity Studv for the North Central Avenue Area Chief Chuck Miller explained that a business owner had come to Council expressing his concerns about the crime rate in his area on Central Avenue and how the residents of local apartment complexes had impacted his business The Police Department gathered statistics on businesses in that area that had been victims of crimes and on the types of calls for services from the various complexes in that neighborhood (Chief Miller handed out the Kent Police Public Safety Comrruttee, 10/8/02 2 Department Crime Activity Study for the North Central Avenue Area, 1999-August 2002 ) He said the Calls for Services statistics came from Valley Communication Center. Apartment complexes in that area include Alderbrook(207 units), Jonathan's Landing(576 units), Berkeley Heights (218 units), Silver Springs (251 units), and Chandler's Bay(291 units) Silver Springs and Berkeley Heights, although not mirnediately adjacent to Central Avenue,were included because they can have an impact on calls for services and have the potential for an impact on the crime rate Alderbrook and Silver Springs are subsidized housing, and twice as many case reports are written for the subsidized than the non-subsidized apartments The majority of cases reported in the listed apartment complexes were domestic related Child protective cases were not provided because the numbers were so low. In response to Rico Yingling's question on the causes for the increase in crime in the four areas of rape, stolen vehicle recovery, commercial burglary, and trespass warnings, Chief Miller said most of it was probably due to reporting There has been a lot of education towards the reporting aspect, whereas in the past, victims were reluctant to come forward and talk about the issues Two detectives do the investigations and compare notes If a trend in a particular area or location is noticed, Crime Prevention is asked to get community education to that area. Another reason for the increase is that when the economy goes down, as it is right now, the crime rate goes up The]ewelry store owner(Jewelry by Hohner)has been the victim of several break-ins and robberies and was speaking at the Council meeting from his own personal knowledge. His concern was that the incidents are generated by the people from Alderbrook. But,in all fairness to them, the three people taken into custody between the burglaries and robberies at his store were from out of the area A specific reporting district is designated lust for those apartment complexes, and none of the three incidents were associated with any of the apartment complexes. Julie Peterson commented that the stones from many of the businesses in that vicinity are that problems escalated dramatically after the Alderbrook apartment complex went in Chief Miller said he couldn't explain that, but noted it was human nature to try to find something to blame an issue on He said Stewart's Jewelry, a block away from the police station and in a different geographical area, has roughly 50% of the incidents that Hohner has had And other Jewelry stores throughout the City are probably closer to the number of incidences Stewart's has had than they are to Jewelry by Hohner Hohner is kind of isolated (even though he is on Central Avenue) and it's easy to get on and off of the freeway right there Rico Yingling commented that the Jewelry by Hohner store has a brick wall in front of the entryway, and Chief Miller responded that things like shrubs, fences, and brick walls give an opportunity for perpetrators to commit a crime. He noted that Mr Hohner had taken a lot of steps to try to correct those particular problems Deputy City Attorney Pat Fitzpatrick said it was his understanding that the owner of thelewelry store had wanted a zero tolerance approach for Alderbrook, which meant that if there was criminal conduct at the apartment complex then the guilty person would be removed from the complex and couldn't live there anymore. The City, not being a property owner,can't play a part in that type of process, and it's an extremely risky process, legally, for a landlord to engage in. There are landlord and tenant rights, and only certain crimes give a landlord an easier path to get an eviction of a tenant In those cases, the police department can send a certified letter to the Pubhe Safety Committee, 10/8/02 3 landlord, who can then use the letter in court in an eviction proceeding to speed up the process The City doesn't engage in the process of getting a person evicted, but does have some types of statutes that give the authority to shut a place down (a general nuisance law and a very old state law regarding brothels and that sort of thing) Chief Miller said the Alderbrook apartment complex, built and occupied in 1999, had eight case reports that first year. In 2000, there were 26, and in 2001, 49 But so far, in 2002, there's only been 19 reports So, he determined, it's not true that Alderbrook is to blame for it all But, the area is gettmg bad and crime is up this year, some due to the economy Rico Yingling questioned whether crime in all other areas was also up because of the economy or if there was a special problem in the one area along Central Chief Miller said all areas were up, but that area had probably grown a little faster than most in crime statistics Conine Epperly stated that she would like to see a comparison of statistics for Meeker Street (especially the trailer park area)with another area Chief Miller said the comparison would have to go all the way over to James Street to include apartment complexes In response to Julie Peterson's question, Chuck Miller said that business owners could contact Crime Prevention to have surveys done of their property He noted that Crime Prevention Officer Paul Peterson had worked with Mr Hohner quite a bit, and Mr Hohner had undertaken upgrades of his property that have helped. Chief Miller told the Committee about one problem place on Pacific Highway South where the businesses got together and started the Sector Lieutenant Program with Lieutenant Bob Holt He got them to resurrect their Pacific Highway Business Association and, with the efforts of patrol and those businesses, the problems were significantly reduced However,they did come back because the perpetrators went north and south to neighboring cities and those cities put on a concerted effort to address the problem, so it just moved up and down the highway He said another option would be to have an Apartment Watch Program, but the biggest problem with apartment complexes is the turnover of tenants It is very difficult for an apartment group to sustain the apartment watches The meeting adjourned at 6 08 PM Jackie Bicknell Council Secretary PUBLIC WORKS COMMITTEE MINUTES October 21, 2002 COMMITTEE MEMBERS PRESENT Chair Tim Clark, Julie Peterson, Rico Yingling, STAFF PRESENT Don Wickstrom, Bill Wolinski,Larry Blanchard, Alice Conrad,Mike Mactutis, John Hillman, Pat Fitzpatrick, Robert Goehnng, Eleanor Borgardts PUBLIC PRESENT Jim Rust, Elsy Rust, Lynda Pennington, Nancy Hollinger, Stephanie Hicks, Brian Hollinger, Richard vonRiesm The meeting was called to order at 5 01 PM by Chair Tim Clark Approval of Minutes of October 7, 2002 Committee Member Rico Yingling moved to approve the minutes of October 7, 2002 The motion was seconded by Committee Member Julie Peterson and passed 3-0 Garrison Creek Improvements Environmental Engineering Manager Bill Wolmski presented the Garrison Creek Improvements Grant from the Washington State Department of Transportation The WSDOT, in its attempt to solve the flooding problems for the SR167 northbound off ramp at S 2121h, has been coordinating with City of Kent Staff and has proposed replacing the culvert under the off ramp with a larger culvert The State is offering to give the City of Kent the money they would have used to construct the larger culvert in exchange for the City incorporating a solution to the state's flooding problem into its creek restoration design Garrison Creek has been plagued with problems A recent slide upstream was successfully repaired in a cooperative effort by the City and King County, and extensive characterization work and a plan for improvements have been done for upstream and downstream along Garrison Creek that will be a long term improvement to conditions Julie Peterson recommended authorization the Mayor to sign the grant agreement in the amount of$299,965 and to direct staff to accept the grant and establish a budget for the funds to be spent within said project. The motion was seconded by Rico Yingling and passed 3-0. LID 352 — 1't, 3rd, and 5ch Ave S Storm Drain Improvements Public Works Director Don Wickstrom said the primary reason for the 10% cost overage bad to do with the unstable, groundwater saturated soil that was excavated for the storm sewer pipe Staff is asking for the project to be accepted as complete Rico Yingling recommended Council accept the project as complete. The motion was seconded by Julie Peterson and passed 3-0. Surplus Replaced Equipment Don Wickstrom said the vehicles/equipment in the attached list were no longer needed by the City and had been replaced Staff is requesting that they be declared surplus and sold at the next public auction Julie Peterson recommended authorization to declare the listed vehicles and equipment as surplus and to authorize the sale thereof at the next public auction. The motion was seconded by Rico Yingling and passed 3-0. Rosso Nursery Acquisition Don Wickstrom said staff had been working on a grant that would enable the City to purchase the portion of the Rosso Nursery that lies east of Frager Road There is a potential for$1 2 million from the grant, Kent's share of$180,000, and some county money The sale would be voluntary on the part of Rosso, and it's an opportunity to buy the property mostly with grant funds Bill Wohnski added that the eastern portion of the Rosso Nursery encompassed over 36 7 acres and included over 0 9 miles of Green River shoreline The property, which was recently placed on the market, represents an ideal location for future restoration projects and activities An idea is to create multiple channels along the river to allow resting areas for salmon, and there is a potential to utilize the existing nursery structures for growing native plants for restoration projects throughout the watershed There are multiple objectives in securing the corridor, one of which would be improvements in the integrity of the levee system because the levees are very steep banked areas and, in order to improve their stability, the slopes need to be flattened which would require additional property The WRIA 9 Technical Committee has ranked the acquisition of the Rosso Nursery as number 2 at the state level The City's share would be $180,000 and that money would come out of the Utility Funds for Storm Water There is money in that fund to cover the costs without raising service charges Mr Wolinski said staff would keep the Committee informed about the progress on the project Richard vonRiesin, commented that the City should check for mercury contamination and do a toxicology study if there were enclosed greenhouses on the property Bill Wohnski said there were enclosed greenhouses and that, as part of the requirements, the City would do extensive soil and water testing to make sure it wouldn't inherit a lot of liability 74`h and Willis Street Signal —Update Don Wickstrom said the revised estimate of costs for the 74`h and Willis Street Signal project was $425,000, however there was a discrepancy in the dollar amount in a notice sent out yesterday to the businesses/property owners informing them what their anticipated final assessments would be No responses have been received yet Stephanie Hicks, Attorney for Williams, Kastner, and Gibbs, said there were concerns with the letter that went out on October 17ih, primarily due to the 4ih paragraph which says, "the city won't go forward if 50%of the property owners being assessed advise the city not to do so" She said it was her understanding that there was some discussion that the 50% threshold may be making this into a referendum type issue, and it had been decided beforehand that it would not proceed that way. This LID seems to be different than the other LIDs that have gone through the process in the City, and some property owners are wondering why it has been singled out for different treatment They are also concerned about the promises and expectations that they have had in waiting years and years for a light to go in, and also the possible temporary nature of the project Ms Hicks said that in discussions with Steve Mullen(Transportation Engineering Manager) earlier in the summer, her understanding had been that there would be a temporary structure so that other construction could occur, and then a permanent structure would be put in place Other property owners have been advised differently, so there is some confusion about that. She said they would like to see, at a minimum, a new letter go out and the discrepancy on the dollar amount sorted out Also, the 41h paragraph of the letter should be part of the process for all LIDs, and it hasn't been in the past. Rico Yingling made a motion to make the letter dated October 17, 2002 a part of the public record. The motion was seconded by Julie Peterson and passed 3-0. Don Wickstrom said Ms Hicks was correct about the letter saying 50% of the property owners could make a difference in the project going forward He said there were three major property owners, including the City, and if those three were to still support the project then it would go forward He noted that the City would not protest it The actual cost, based on the revised estimate(which was lust received from the engineer on October 16`i'), would need to be verified It would be a matter of making sure that what went out in the letter was representative of what the costs would actually be. It is a 100% LID project If 51% of those in the LID didn't want the project to go forward at the higher cost,it would be brought back to Council for a decision. It could still proceed by showing there were special benefits to the property Mr Wickstrom said a permanent structure would go in, but there were two issues with that One was the overlay, which the state is not going to do at this point in time The other is that the railroad crossing is slated to be an underpass or overpass The signal will be rebuilt in the future when the Willis Street grade crossing goes forward (which is rated number 2 on the list of the fast corridor projects) Once the signal is built, there will always be a signal at that location, but with a grade separated project, whether the railroad crossing is below the tracks or above the tracks, the signal would need to be replaced Stephanie Hicks stated that a letter to the property owners should be crystal clear that it would be the Council that was making the final decision so no one would think they could just vote no and the project wouldn't go forward She declared that would be a serious misperception that could lead to some problems the City would have to deal with. Don Wickstrom said the letter could be amended with clarifications that if sufficient notice was received against the project,the actual decision would be made by the Council The cost would be confirmed or changed In response to Richard vonRiesen's question of whether a percentage had been required on the 277'h Street LID for it to go through, Mr Wickstrom said that had been a mitigation project and was significantly different For the 277'h project, even though the assessed costs in the agreement had an inflation factor, they were actually exactly in accordance to the agreement For this project, property owners were aware of the costs when the LID was formed, but the • costs have significantly gone up from that amount, so they need to determine whether or not they want more input Mr. VonRlesen expressed concern that the road could be closed in the event that a below grade or above grade crossing was constructed Don Wrckstrom said that property owners' access to their sites would remain open whether or not the crossing would remain open during the project Tacoma Second Supply Project Don Wrckstrom said that the other partners in the Tacoma Second Supply Project want to try to sell revenue bonds before Thanksgiving, as they are concerned about interest rates and are on a tight schedule to implement the project All the other partners have agreed to pickup a fourth of Seattle's share and are hoping that the Kent City Council would agree on November 51h in order to meet the November sale It would be a$100 million bond issue, and Kent would borrow $21 million through the Tacoma Regional Water Supply, plus use existing cash. Chief Administrative Officer Mike Martin said that the Fund Balance was a product of the revenue that comes in as a result of increases and also the cash flow as it relates to the bonding It will depend on how the bonds are sold and the timing With proposed option 2, a reasonable fund balance would be preserved for 3-4 years and, at that time, Council would look at the fund balance again to see that it was adequate If these kind of increases aren't made,then some number of years out(4 or 5), a much larger increase would have to be made of around 30% He said that in looking at the increases in this fund over the last 20 years, the City probably should have started a slower, more incremental and regular increase of rates 15 years ago It's prudent at this time to start looking at lower incremental increases rather than a 10% or 15% increase in three years time Assistant Finance Director John Hillman said that even without the Seattle portion of the Second Supply the fund balance would still continue to go down for a period of time, but it wouldn't happen until 5-7 years out Don Wickstrom commented that accepting a quarter share of Seattle's portion of the Tacoma Second Supply Project was an opportunity for a significant cost savings over the long haul because the City would need additional water even after taking the original 1/9`h share Existing water rights are also being challenged daily and could be lost This project is half the price of what could possibly be developed, and the next source, if the City doesn't go with this, is extremely expensive A 5% increase in three years would be cheap Rico Yingling moved to recommend to full Council that the Mayor be authorized to sign a revised Second Supply Project Partnership agreement as well as a Repayment Agreement, subject to the City Attorney and the Public Works Director language therein. The motion was seconded by Julie Peterson. Tim Clark stated he would be voting against the motion He noted it would be a significant water increase to single family residences for a population that was already fairly hard hit Mr Clark said he was one of the outspoken advocates of the increase two years ago, but there was a different climate then, not the least of which was the desperation for another source of water and the fear of being closed off from permits for building and the impact that would have been on the local economy The administration took a fairly aggressive positron in terms of notifying the world of the dire circumstances at that period of time Mr Clark said his problem with that City administration needed to build political support for this project and he had not seen that Julie Peterson said she also would be voting against the motion She said her concern was that this was not a 5% increase, but a 15% increase over three years and she felt very strongly that in three years the same thing would happen again Her impression was also that this great opportunity would be for a relatively small amount of time and that the impoundment project would be needed anyway within 10 years Don Wickstrom disagreed, saying that Kent's 1/9 h share along with the quarter of Seattle's share would be adequate water, with conservation, to handle water to build out unless sources were lost. Without the Seattle share of this project, the impoundment would have to be built and that would be much more costly than the 5% and would come by 2005 By 2014, in just looking at the numbers, Kent would need another water source and, he said, there weren't any other projects out therein the whole Puget Sound Region The only possible one would be the Lake Tapps Water Supply and this project was cheap compared to that(which would probably be 20 years out) Rico Yingling advised Julie Peterson that if she voted for the motion now, it could go forward to full Council, but because of the Chair's no vote, it would require discussion Ms Peterson said she would be thrilled to send the issue to Council for discussion The motion then passed 2-1, with Tim Clark voting no. Rico Yingling moved to recommend to full Council the adoption of the Option #2 Ordinance which increases water rates over the next 3 years and also increases the System Development Charges in the first year to pay for the additional financial obligations that goes with the execution of the Revised Second Supply Project Agreement. The motion was seconded by Julie Peterson. Rico Yingling said it seemed fair to him that part of the cost be borne by development, and Option 92 tries to accomplish that Julie Peterson agreed, but said she didn't think existing residents should pay for all of the new residents that would be coming in over the next 10-15 years Her concern was that at the end of three years, there would be more rate increases when the expectation of the public was that there wouldn't be anymore after that Mike Martin explained that the City was $1 4 million behind in Utility Sales Tax revenues After looking at the numbers and taking a scenario that looked out a number of years, a rate increase right now of 21% would bring more money than four 5% rate increases on an annual basis, but the country is in a recession right now and it's too much to say 21% is the real number If commercial construction should pick up or there were increased hook up fees and the high rate wasn't needed, then rates could be decreased Also, if the City has the water, it can be sold Don Wickstrom said costs were continually going up for labor and materials, and new federal mandates/regulations were forcing additional things Looking at the rates history, there was an increase in 1982, a reduction in 1992, an increase in 1999, and now this one Tim Clark said he had trouble with the disproportionality of water supplies flowing primarily into the most densely populated area and the commercial users not paying rates the same as have to be paid in other jurisdictions He said the rate structure needs to be adjusted The motion failed with a 1-2 vote. Rico Yingling voted yes. Tim Clark and Julie Peterson voted no. Tim Clark suggested voting for the other recommendation or to choose to send the issue forward without a recommendation from the Committee in terms of the rate structure Mike Martin suggested rescinding the most recent vote and then voting instead to send it out of Committee to Council without a recommended rate increase. Rico Yingling moved to rescind the vote. The motion was seconded by Julie Peterson and passed 3-0. Rico Yingling moved to send the whole issue to Council without recommendation of a rate increase. The motion was seconded by Julie Peterson and passed 2-1. Tim Clark voted no. The meeting adjourned at 6 22 PM Jackie Bicknell Council Secretary CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION A) Property Acquisition