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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/20/2003 4r r wN rc�a d� �f x+ } ••• tAA"q.,S" City of Kent �Nro}4 City Council . bleeting May 20, 2003 Mayor Jim White M4 Councilmembers Judy Woods, Council President Tit-n =Clary Julie Peterson Connie Epperly Bruce White Leona Orr Rico Yingling 4 µme; E T City Clerk's Office SUMMARY AGENDA �9 KENT CITY COUNCIL MEETING KEN T May 20, 2003 WASHINGTON Council Chambers 7:00 p.m. MAYOR. Jim White COUNCILMEMBERS: Judy Woods, President Tim Clark Conme Epperly Leona Off Julie Peterson Bruce White Rico Yingling I 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 Proclamation—Emergency Medical Services Week 5. PUBLIC HEARINGS A Madison& Harrison St. Street Vacation t LP`2?°l l 6. CONSENT CALENDAR A. Minutes of Previous Meeting--Approve B. Payment of Bills—Approve C. Fabfic Access Studio Agreement with Puget Sound Access—Authorize D. on Setting Hearing Date on S. 259th St. Street Vacation—Adopt E. Washington Department of Health Grant—Accept F. Disposition of Surplused Fire Engine—Approve 7 G Interagency Committee for Outdoor Recreation Land for Water Conservation Fund Program Grant Application a ttsfls—Adop \t b4°.4N 4'Y H Transportation Improvement Boar Grant Agreement, Construction Phase of Central Avenue North Project—Authorize I. D.A.R.E. Transfer of Funds—Accept and Amend Budget J Safe House Mini Grant—Accept and Amend Budget K. Washington Traffic Safety Commission Grant—Accept and Amend Budget L Special Response Team Operation Agreement—Approve M Cultural Development Authority Grant of King County—Accept and Amend Budget N Regional Affordable Housing Program Interlocal Cooperation Agreement— Authorize O. King Conservation District Grants—Accept and Amend Budget P. Interlocal Mutual Agreement with King County and University of Washington— Approve Q Emergency Response Power Outages at Signalized/Major Intersections— Authorize (continued next page) SUMMARY AGENDA C�NTINUED R. S. 266th St Street Vacation Or nance—Adopt S Agreement with King County to Transfer Funds—Authorize T. Clark Lake Park Agreement—Authorize U. Drinking Driver Countermeasure Grant—Accept V. Community Oriented Policing Service Application—Authorize 7. OTHER BUSINESS None 8. BIDS A. Central Avenue Improvements: Smith Street to George Street B. West Fork Soosette Creek Improvements C. S. 248th St Improvements(94th Ave. So. to 100th Ave. SE) D. Canterbury Neighborhood Park Development 9 REPORTS FROM STANDING COMMITTEES AND STAFF 10 REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS 12. EXECUTIVE SESSION A. Litigation $ Ve(Goo nel 13. ACTION AFTER EXECUTIVE SESSION 14. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci.kent wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC • PUBLIC COMMUNICATIONS A) PROCLAMATION-EMERGENCY MEDICAL SERVICES WEEK s • Kent City Council Meeting Date May 20, 2003 Category Public Hearings 1. SUBJECT: MADISON & HARRISON ST. STREET VACATION 2. SUMMARY STATEMENT: Resolution No. 1637 established May 20, 2003, as the public hearing date for the application by Campbell/Nixon & Associates to vacate portions of Madison Avenue and Harrison Street. A staff report recommending approval with conditions is included in the Council's packet. 3. EXHIBITS: Staff report and map 4 RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7. CITY COUNCIL ACTION: A Councilmember Nkmoves, Council//m��ember(-✓ seconds to close the public hearing. Iml/ B. Councilmember /V✓moves, Councilmember wAh seconds to approve/d3sapprovcfinedtfr staff s recommendation of approval with conditions of the application to vacate portions of Madison Avenue and Harrison Street, as referenced in Resolution No. 1637, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. DISCUSSION: ACTION: G Council Agenda Item No. 5A COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director • PLANNING SERVICES K EN T Charlene Anderson,AICP,Manager Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: May 13, 2003 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF MADISON AVENUE AND HARRISON STREET #STV-2003-3 (KIVA#2023900) SUMMARY: Campbell/Nixon & Assoc. requests a vacation of portions of Madison Avenue . and Harrison Street in order to facilitate development of a 30-unit apartment complex at the southeast comer of the intersection of Smith Street and Lincoln Avenue. Staff recommends approval of the street vacation with conditions outlined in the report. BUDGET IMPACT: As a condition of approval, staff proposes the City is compensated in U.S. currency equal to the full appraised value of the rights of ways being vacated MOTION: I move to approve/deny/modify the staffs recommendation of approval with conditions of the application to vacate portions of Madison Avenue and Harrison Street, as referenced in Resolution No. 1637, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. BACKGROUND: Both Harrison Street from Lincoln Avenue to Madison Avenue and Madison Avenue from Smith Street to Harrison Street are open public rights of ways containing street and utility improvements therein that are maintained and operated by the City Other private utility improvements also exist in the area to be vacated The rights of ways also provide public parking for the nearby Uplands Playfield. The City will receive monetary compensation for the rights of ways being vacated, and staff is not proposing conditions to replace loss of public parking. Staff Recommendation Staff notified the following departments and agencies of this proposed street vacation. ■ Public Works Department ■ Police #STV-2003-3 (KIVA#2023900) Staff Report Page 2 • Parks, Recreation and Community Services ■ Fire and Life Safety ■ Puget Sound Energy ■ Qwest ■ Department of Transportation ■ METRO Transit Division After a review of the comments received, the Planning Services Office recommends that the request to vacate portions of Madison Avenue and Harrison Street, as described in Resolution #1637 and as shown on the accompanying map,be APPROVED with the following conditions: 1. The petitioner(s) shall compensate the City in U.S. currency for the full appraised value of the rights of ways being vacated. 2. Any money received as compensation for the value of the rights of ways shall be deposited in the City's School Pedestrian Walkways capital improvement fund (R20036) and used for said purpose. 3. The petitioner(s) shall provide to the City an easement as defined and determined necessary by the Public Works Department for sewer utility purposes over, under and upon that portion of Madison Avenue right of way and Harrison Street right of way pertaining to the City's existing sewer line(s) and related appurtenances 4. The petitioner(s) shall provide to the City an easement as defined and determined necessary by the Public Works Department for water utility purposes over, under and upon that portion of Madison Avenue right of way and Harrison Street right of way pertaining to the City's existing water line(s) and related appurtenances 5 The petitioner(s) shall provide to the City an easement as defined and determined necessary by the Public Works Department for storm utility purposes over, under and upon that portion of Madison Avenue right of way and Harrison Street right of way pertaining to the City's existing storm drainage system and related appurtenances. 6. The petitioner(s) shall grant to the various private or quasi private Utility companies for such facilities as gas, electricity, telephone, cable TV and so forth a respective easement for their facility that presently exists within the rights of ways to be vacated herein. 7 The petitioner shall grant to the City a temporary easement right for street purposes over, upon and under the rights of ways anticipated to be vacated herein until such time the petitioner physically closes off said former streets in accordance with City approval. With respect to Madison Avenue access to and from Smith Street or Harrison Street access to and from Lincoln Avenue, said access shall be closed off via constructing sidewalk, curb & gutter, pavement, drainage and related appurtenances through the #STV-2003-3 (KIVA#2023900) Staff Report Page 3 respective intersection and matching same into the abutting street improvements. With respect to Madison Avenue access to and from Harrison Street or Harrison Street access to or from Madison Ave, said access shall be closed off via installing a City approved barricade across the improved portion of the respective rights of way(s). All the improvements noted herein shall be designed and constructed in accordance with the City's construction standards and shall be subject to the review and approval of the City's Public Works Department. Said temporary easement shall run with each street and shall terminate on each street upon the respective closure of that street in accordance with the terms and conditions noted herein CA\pm S\Permit\Plan\vacations\2003\2023900-2003-3 DOC Enclosure—Map cc Ted Nixon,Campbell/Nixon&Assoc,420 W Harrison,Suite 20,Kent,WA 98032 Jerry McCaughan,Property Manager • 1 r '•. SMITH ST. 3• 7ztr `1 r Fa; K �••1 9,i,pS ` 71ui 'rr,��0 HA RISON h D'45 • tI' / � a .! °• a °g°°o "s��a o Z A PORTION OF 4 •� MADISON & HARRISON STREET ; d Z #STV-20033 KIVA#RESV-2023900 n t•01�� o°�0 v 3 •"� 4'D°y' •�i i t2 . T2� >i > ° N° .. " W. 60 !r dp 60 I So a,z cr. , �• �.° ras .L ° o e oI rC5 , !1t P ¢,,p��cppc' ° •1 , 9t I�.IS !l� Z il+ I te�t� ) •+S•" , Li " I 0C) Li � I .v o09° i. w I F �•^,t• .c0 CONSENT CALENDAR 6. City Council Action: n Councilmember /, )d4 moves, Councilmember � /VL seconds to approve Consent Calendar Items A through V. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of May 6, 2003. 6B. Approval of Bills. Approval of payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 6, 2003 Approval of checks issued for vouchers: Date Check Numbers Amount 4/30/03 Wire Transfers 1410-1420 $1,181,150.65 4/30/03 Prepays & 547553 424,791.81 4/30/03 Regular 548239 2,229,432.70 $3,835,375.16 Approval of checks issued for payroll for April 1 through April 15 and paid on April 18, 2003: Date Check Numbers Amount 4/18/03 Checks 269597-269884 $ 257,539.56 4/18/03 Advices 146607-147293 1,171,963.72 $1,429,503.28 Approval of checks issued for payroll for April 16 through April 30 and paid on May 5, 2003: Date Check Numbers Amount 5/5/03 Checks 269885-270196 $ 234,229.83 5/5/03 Advices 147294-147979 1,196,863.20 $1,431,093.03 Council Agenda Item No. 6 A-B • K E N T Kent, Washington V/M19 XIX 6TON May 6, 2003 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Councilmembers present : Clark, Epperly, Orr, Peterson, White, Woods, and Yingling. Others present: Chief Administrative Officer Martin, Deputy City Attorney Fitzpatrick, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller, Police Chief Crawford, Parks, Recreation and Community Services Director Hodgson, and Fire Chief Schneider . Approximately 150 people were in attendance. (CFN-196) PUBLIC COMMUNICATIONS Drinking Driver Task Force Poster Design Contest Winners. Cesi Medina of the Police Department noted that 23 schools had participated in the 19th annual contest, and thanked the teachers, principals, sponsors and parents who supported it . Mayor White then presented each winner with a Certificate of Appreciation. (CFN-122) Introduction of Appointees. Mayor White introduced Greg Worthing, his appointee to the Land Use and Planning Board, and noted that Ron Cole has been reappointed to the Public Development Authority Board. (CFN-198) Employee of the Month. Mayor White announced that Tom Arnson, the Fire Department' s Vehicle Maintenance Supervisor, has been chosen as Employee of the Month for May. He said Arnson is known for his dedication and commitment to excel- lence, and that this shows in the quality of his work and that of his division. Fire Chief Schneider commended Arnson for his professionalism, positive attitude, and dedication. (CFN-147) Arson Awareness Week. Mayor White read a proclamation noting that over half of the arsons in the country are caused by juveniles and young children; and that annually in the City of Kent, many people are injured and over a million dollars worth of property is destroyed due to arson. He proclaimed the week of May 4-10, 2003 as Arson Awareness Week in the City of Kent, and encouraged citizens to report suspicious activity. He presented the proclamation to Fire Lt . Pawlak who explained the arson programs available. (CFN-155) Neurofxbromatosis Awareness Week. The Mayor read a pro- clamation noting that neurofibromatosis is a potentially debilitating genetic disorder which exists worldwide and 1 Kent City Council Minutes May 6, 2003 PUBLIC COMMUNICATIONS affects both genders and all races and ethnic groups; and that individuals with neurofibromatosis will benefit from research regarding the diagnosis and management of this condition. He proclaimed May 2003 as Neurofibromatosis Awareness Month in the City of Kent . Cheri Stewart of the National Neurofibromatosis Foundation accepted the pro- clamation. (CFN-155) Mental Health Month. Mayor White read a proclamation noting that the World Health Organization found that mental illnesses rank first in terms of causing disability in the United States and, collectively, are the most prevalent health problems in America today—more common than cancer, and lung and heart disease combined; and that Kent has made a commitment to community-based systems of mental health care for all residents. He proclaimed the month of May 2003 as Mental Health Month and presented the proclamation to Peggy Mauhl of Valley Cities Mental Health. (CFN-155) Letter Carriers Food Drive Week. Mayor White read a pro- clamation noting that the Kent Branch 2038 Letter Carriers are joining in a food drive in an effort to make a major impact on the supply of food in food banks in the City of Kent, helping to feed those in need; and proclaimed May 10, 2003 as Letter Carrier' s Food Drive Day in the City of Kent . He called upon all residents to join NALC Branch 2038 and put together a bag or two of non-perishable food items for their Letter Carrier to collect . Karen Kirkmeyer accepted the proclamation. (CFN-155) National Public Works Week. Mayor White read a proclama- tion noting that the public works services provided in our community are an integral part of citizens' everyday lives; and that the health, safety, and comfort of this community greatly depends on these facilities and services. He pro- claimed the week of May 18-24 , 2003 as Public Works Week in the City of Kent and presented the proclamation to Public Works Director Wickstrom. (CFN-155) CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through J. Orr seconded and the motion carried. 2 Kent City Council Minutes May 6, 2003 MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes. The minutes of the regular Council meeting of April 15, 2003 , were approved. BILL OF SALE (CONSENT CALENDAR - ITEM 6I) (CFN-484) Burrow' s Short Plat. As recommended by the Public Works Director, the bill of sale for the Burrows Short Plat submitted by William E. Ruth for continuous operation and maintenance of 663 feet of sewers, 800 feet of street improvements and 671 feet of storm sewers, was accepted. ZONING CODE AMENDMENT (CONSENT CALENDAR - ITEM 6C) (CFN-131) Planned Unit Development Zoning Code Amendment Ordinance. Ordinance No. 3643 amending section 15 . 08 .400 of the Kent City Code to encourage variation and flexibility in single family subdivision site design, particularly for those sites constrained by sensitive areas, was adopted. COMPREHENSIVE PLAN (CONSENT CALENDAR - ITEM 6G) (CFN-377) Comprehensive Plan Grant, Scope of Work Revision, Contract Amendment. As recommended on April 15 , 2003 by the Planning Committee, a revised scope of work was approved and the Mayor was authorized to execute the revised contract for the Growth Management Act grant to update the City' s Comprehensive Plan. The revised Scope of Work reallocates available funding from update of the Transportation Element to update of the Critical Areas Ordinance . STREET VACATION (CONSENT CALENDAR - ITEM 6H) (CFN-102) S.E. 278th St. Street Vacation, Resolution Setting Public Hearing Date. Resolution No. 1638 setting the public hearing on the street vacation petition for a portion of SE 278th Street for June 17, 2003 , was passed. PUBLIC WORKS (CONSENT CALENDAR - ITEM 6E) (CFN-1038) Comcast Construction Agreement. As recommended by the Public Works Committee, the Mayor was authorized to sign an agree- ment with Comcast for relocating existing underground cable TV facilities to a lower depth as part of the West Fork 3 Kent City Council Minutes May 6, 2003 . PUBLIC WORKS Soosette Creek Improvements project subject, however, to the Public Works Director and City Attorney' s concurrence of the language therein. The estimated City' s cost is $32 , 101 . 66 . (CONSENT CALENDAR - ITEM 6F) (CFN-1038) Qwest Construction Agreement. As recommended by the Public Works Committee, the Mayor was authorized to sign an agree- ment with Qwest for costs Qwest will incur associated with their underground boring contractor while relocating existing underground telephone facilities to a lower depth as part of the west Fork Soosette Creek Improvements project subject, however, to the Public Works Director and City Attorney' s concurrence of the language therein. The estimated City' s cost is $36, 000 . This cost was not included in the original agreement authorized by Council on April 15th. APPOINTMENTS (CONSENT CALENDAR - ITEM 6D) (CFN-462) Re-Appointment to the Public Development Authority Board. The Mayor' s re-appointment of Ron Cole to continue serving as a member of the PDA Board of Directors was confirmed. His new term will continue until 5/31/06 . (CONSENT CALENDAR - ITEM 6J) (CFN-174) Land Use and Planning Board Appointment. The Mayor' s appointment of Greg Worthing to serve a member of the Land Use and Planning Board was confirmed. Mr. Worthing will replace Les Thomas, who resigned, and his term will continue until 12/31/04 . FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills. Payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on April 15, 2003 , was approved. Approval of checks issued for vouchers : Date Check Numbers Amount 4/15/03 Wire 1398-1409 $1, 201, 194 . 83 4/15/03 Prepays & 546824 886, 007 . 05 4/15/03 Regular 547552 864, 114 . 86 $2, 951, 316. 74 4 Kent City Council Minutes May 6, 2003 REPORTS Planning Committee. Orr noted that the next meeting will be held at 3c00 p.m. on May 20th. (CFN-198) Parks Committee. Woods explained that, due to the Council retreat, the Parks Committee will not meet on May 13th and will hold a special meeting at 4 : 00 p.m. on May 12th. (CFN-198) Administrative Reports. Martin announced that the only executive session item is property acquisition, that the executive session will take approximately ten minutes, and that no action is anticipated. (CFN-198) EXECUTIVE SESSION The meeting recessed to Executive Session at 7 :25 p m. and then reconvened at 7 :45 p.m. (CFN-198) ADJOURNMENT At 7 :45 p.m. , WOODS MOVED to adjourn. Orr seconded and the motion carried. (CFN-198) Brenda JacobeiU CMC City Clerk 5 • Kent City Council Meeting Date May 20. 2003 Category Consent Calendar 1. SUBJECT: FINAL PUBLIC ACCESS STUDIO AGREEMENT WITH PUGET SOUND ACCESS —AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Operations Committee, approve of and authorize the Mayor to execute the contract between the City of Kent and Puget Sound Access (PSA) for transfer and operation of the Public Access Facility Staff requests approval of the final operating contract between Puget Sound Access, a nonprofit, (PSA) and the City of Kent. The main purpose of this contract is to finalize transfer and operation of the Public Access Facility to PSA and to close out the City's involvement in setting up a public access studio per the requirements of our Cable Franchise Agreement. 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Operation Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C CONTRACT BETWEEN CITY OF KENT AND PUGET SOUND ACCESS, A NON-PROFIT CORPORATION AGREEMENT This Agreement is made this 1 day of June, 2003, by and between the City of Kent, a municipal corporation ("City"), and Puget Sound Access, a Washington non-profit corporation ("PSA"), who agree as follows RECITALS 1. Whereas, the City granted a franchise agreement to TCI Cablevision of Washington, Inc ,known as AT&T Broadband (AT&T) and now known as Comcast Cable Communications (Comcast), from now forward in this document referred to as "The Cable Operator" to operate a cable television system in the City, effective as of June 8, 1993 and terminating on June 8, 2008 2 Whereas, pursuant to section 5 of the franchise agreement The Cable Operator agreed to provide, maintain and operate a public access studio for the City 3 Whereas, The Cable Operator, assumed this same franchise obligation with the cities of Auburn, Burien, Kent, Renton, SeaTac, and Tukwila (collectively "Cities"), 4. Whereas, in full and complete consideration of The Cable Operator's franchise obligation to provide, maintain and operate public access facilities for the Cities, The Cable Operator has paid to the Cities $3,701,942 78 (the "Designated Fund"); 5 Whereas, the Cities have assigned their right to receive this payment from The Cable Operator to Puget Sound Access Foundation ("PSAF ), a supporting organization of PSA, and directed The Cable Operator to pay the Designated Fund directly to PSAF subject to the conditions of that Agreement between The Cable Operator and the Cities dated June 25, 2001; 6 Whereas, PSA is an independent Washington non-profit corporation organized to develop and promote the concepts of public, educational, and government access to existing and future telecommunications media, and to establish and operate one or more community media access centers to educate and assist individuals in the use of tools and techniques for the production of local cable television programming; and 7. Whereas, the City wishes to contract with PSA to provide, maintain and operate a public access studio for the City and to provide community and public access programming and services in the City. PSA KENT Service Agreement_4_7_03 doc Page 1 of 9 NOW THEREFORE,in consideration of the mutual undertakings and covenants contained herein and the benefits to be realized by each party, and in further consideration of the benefit to the general public to be realized by the performance of this Agreement, the parties agree as follows: SECTION 1 SCOPE OF SERVICES• In consideration of the City's assignment to PSAF of its right to receive payment from The Cable Operator in full satisfaction of The Cable Operator's franchise obligation to provide, maintain and operate a public access studio for the City and the payment by The Cable Operator of$3,701,942 78 to PSAF, PSA agrees to do the following: A. OPERATE PUBLIC ACCESS CABLE CHANNEL(S) Operate the public access cable channel(s) for public/community access programming purposes with the primary purpose being to administer, coordinate, and assist those requesting access on a non-discriminatory basis. B. ADMINISTER EDUCATIONAL ACCESS CHANNEL AND OTHER CHANNELS AS REQUESTED BY THE CITY. Administer access to and programming of the City of Kent's educational channel, if requested,either by entering into a service agreement with a designated access provider or by programming the channel through other resources The City may request that PSA manage other access channels as well, under conditions to be determined at a later time. . C. OPERATE A COMMUNITY ACCESS CENTER Manage a video production facility and equipment, available for public use at such hours and times as are determined by PSA. Access to equipment and facilities shall be open to all those who satisfactorily complete training classes provided by PSA or who receive a certification from PSA, identifying said user(s) as having satisfied training requirements through means other than PSA training classes. This community access center shall serve the citizens of the City and shall be located in south King County at a place reasonably accessible by the citizens of the city D PROVIDE EQUAL ACCESS Provide access to the use of the equipment, facilities,channels, and services provided hereunder on a non- discriminatory basis to all members of the participating communities for non-commercial programming purposes, whether individuals, groups, organizations, on a non-discriminatory basis, pursuant to the operating rules promulgated by PSA. E DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies and procedures for use and operation of the access equipment, facilities, and channe](s), and advise the City and the general public of such policies and procedures PSA KENT Service Agreement_4_7_03 doc Page 2 of 9 F COMPLIANCE WITH LAWS, RULES, AND REGULATIONS Administer the access channel(s) and facilities in compliance with applicable laws, rules, and regulations, and City ordinances. G TRAINING Train City residents, and when requested, City and school employees,in the techniques of video production, and provide technical advice in the execution of productions. PSA will schedule production and equipment training workshops on a regular basis Training will be available to individuals and organizations as described in the PSA Operating Policies Training will include an explanation of the producer's responsibility and legal accountability for the content of the programming they produce H. PLAYBACK AND CABLECAST Provide for the playback and cablecast of programs on the cable access channel(s). Within twelve months of the completion and opening of the access center, PSA shall cablecast local original, replayed and outside programming the minimum number of hours required by the City's cable franchise agreement, which agreement is attached hereto as Exhibit B and incorporated herein by reference, or at least an average of 25 hours of per week I MAINTENANCE OF EQUIPMENT. Provide regular maintenance and repair of all video equipment J. PROMOTION. Actively promote the use and benefit of the access channel(s) and facilities to the citizens of the City of Kent K. OTHER ACTIVITIES Undertake other access programming activities and services as deemed appropriate by PSA and consistent with the obligation to provide facilities and promote access programming and provide non- discriminatory access SECTION 2 CHANNELS OPEN TO PUBLIC• PSA agrees to keep the access channel(s)open to all potential users regardless of their viewpoint, subject to FCC regulations and other relevant laws Neither the City nor PSA shall unlawfully control the content of programming placed on the public access channel(s) so long as such programming is lawful. However, PSA reserves the right to refuse to air programming which it deems unlawful, in its reasonable judgment. Provided that, nothing herein shall prevent PSA or the City from producing or sponsoring programming; underwriting programming; or from promoting production or programming by targeted groups as consistent with applicable law and rules for use of channels PSA shall promulgate and enforce policies and procedures which are designed to promote local use of the channel(s) and make the programming accessible to the viewing public, consistent with such time, place, and manner regulations as are appropriate to provide for and promote use of access programming, equipment, and facilities. PSA KENT Service Agreement_4_7_03 doc Page 3 of 9 SECTION 3. PROGRAM CONTENT AND INDEMNIFICATION: The City shall have no responsibility for program content on the public access channel(s),unless the programming was produced by an agent or employee of the City as part of the City's access programming efforts. PSA shall indemnify and hold harmless the City from any claims, suits, liability,loss or damage, including attorney's fees,caused by or arising out of any public access programming not produced by an agent or employee of the City including but not limited to, any claim or legal action for alleged violation or infringement of copyright or other intellectual property right, invasion of privacy, obscenity or defamation,provided that the City shall inform PSA in writing within twenty(20) calendar days of its receipt of notice of the existence of any such claim or action. This obligation to indemnify and hold harmless shall extend to any claims made against the City by AT&T pursuant to paragraph 8 of the AT&T Agreement. The City shall indemnify, defend, and hold harmless PSA from any claims, losses, liabilities, or damage including payment of reasonable attorney's fees arising out of or resulting from the performance of this Agreement, caused in whole or part by any act or omission of the City,but only to the extent that the City is found to be negligent. PSA shall have sole discretion and authority for decisions regarding standards for program quality and scheduling except as provided herein. It shall be the responsibility of PSA to insure compliance with the standards provided by law relating to defamation, privacy, or obscenity SECTION 4 PRODUCER'S STATEMENT Before cablecasting video transmissions, PSA shall require all users to agree in writing, at a minimum, to the following: (i) that the producer has made all appropriate arrangements to obtain rights to all material contained in the program, including clearances from broadcast stations, networks, sponsors, representatives of music licensing organizations, and any and all other persons as may be necessary; and (it) that the user understands and agrees to the policies and procedures of PSA with regard to programming and has indicated the nature of the programming, including whether it is intended for adult viewing PSA shall maintain these statements for a time period to be determined by PSA. SECTION 5. COPYRIGHT AND OWNERSHIP: PSA shall own the copyright of any programs that it may choose from time to time to produce. Copyright of programming produced by the public shall be held by such person(s) who produce said programming. SECTION 6. BOARD OF DIRECTORS OF PSA- During the term of this Agreement,the City shall select at least one(1)employee, representative, or agent to nominate for service on the Board of Directors of PSA. Upon approval of such nomination and election of such nominee by the Board of Directors of PSA in accordance with the articles of incorporation and bylaws of PSA, such Director shall take office at the time and on the date specified by the Board of Directors of PSA and shall continue in office for a term of two (2) years and thereafter until his or her successor has been elected and has qualified or until his or her PSA KENT Service Agreement_4_7_03 doc Page 4 of 9 earlier death, resignation, retirement, disqualification, or removal unless such Director shall have been elected to fill an unexpired term of a directorship left. The City shall have the right to notify the Board of Directors of PSA of its desire to remove a Director nominated for such service by the City, and the Board of Directors of PSA agrees to consider such request at the next regular meeting of the Board of Directors. If any such Director is removed by the Board of Directors of PSA in accordance with its articles of incorporation and bylaws, the City shall have the right to nominate a successor for such Director who may be elected by the Board of Directors in accordance with the articles of incorporation and bylaws of PSA and this Section 6. SECTION 7 PERFORMANCE REVIEWS PSA may, after three (3) years of operation under this Agreement, contract with a consultant from outside the Puget Sound community that is expert in access to conduct a performance review of PSA operations If a performance review has not been conducted at least once in a three-year period, the City may require that such a review be conducted within six (6) months of PSA's receiving notification of the City's request. The costs of this review shall be bome by PSA and will not occur more than once in a period of three (3) years Upon completion, a copy of the performance review shall be submitted to the City. SECTION 8 REPORTING REQUIREMENTS- If requested by the City during the term of this Agreement, PSA will give to the City once a year copies of(i) current financial statements audited by a committee of the PSA Board of Directors or an independent certified accountant, as determined appropriate by the Board of Directors of PSA, (u) PSA's annual report, (iii) PSA's annual budget for the upcoming fiscal year, and (iv) any other relevant information reasonably requested by the City. If not included in the annual report, PSA also will provide the City with current statistics on programming and services provided as well as a current and complete listing of the Board of Directors of PSA During the term of this Agreement the City also may request, and PSA will provide once a year, if requested, a statement of anticipated number of hours of local origination access programming and a schedule of training classes to be offered and other access activities planned by PSA. SECTION 9. RECORDKEEPING AND REVIEW OF RECORDS: A. During the term of this Agreement, PSA shall maintain all necessary books and records in accordance with generally accepted accounting principles. B. Upon reasonable request from the City, PSA shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement during the term of this Agreement During the term of this Agreement, the City shall reserve the right to audit PSA's financial records at the City's sole expense. PSA KENT Service Agreement 4_7_03 doc Page 5 of 9 SECTION 10. DISTRIBUTION RIGHTS: A. PSA shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the channels whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution, so long as such other distribution is consistent with any pertinent guidelines established in the access operating policies and procedures. B. At least at the beginning and end of each day that video programming is cablecast on the access channels which use is authorized by this Agreement, PSA shall display a credit stating that the opinions expressed in access programs are the sole responsibility of program producers, and providing contact information for the program. SECTION I INSURANCE• A LIABILITY During the term of this Agreement, PSA shall procure and maintain commercial general liability insurance with limits no less than two million dollars ($2,000,000) combined single limit per occurrence and general aggregate for personal injury, bodily injury, and property damage, including personal and advertising injury coverages for activity performed and obligations undertaken pursuant to this Agreement. These are minimal limits and are not meant as a reflection of exposure, and are not intended to be a limitation on indemnification. The cost of such insurance shall be borne by PSA. B. DIRECTORS AND OFFICERS: During the term of this Agreement,PSA shall procure and maintain Directors and Officers Liability Insurance for coverage of all of the members of its Board of Directors and its officers. SECTION 12. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE: PSA shall not discriminate against any person, employee, applicant for employment, or subcontractor on the basis of race, color, creed, religion, gender, sexual preference,marital status, ancestry, national origin, or physical or mental handicap. SECTION 13. INDEPENDENT CONTRACTOR It is understood and agreed that PSA is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and PSA and that PSA is free to contract with other parties to best utilize the community access center consistent with the purposes of this Agreement. If in the performance of this Agreement any third persons are employed by PSA, such persons shall be entirely and exclusively under the control, direction, and supervision of PSA. All terms of employment, including hours,wages, working conditions, discipline, hiring, and discharging or any other term of employment shall be determined by PSA, and the City shall have no right or authority over such persons or terms of employment. PSA KENT Service Agreement_4_7_03 doc Page 6 of 9 SECTION 14. ASSIGNMENT AND SUBLETTING: Neither this Agreement nor any interest herein shall be assigned or transferred by PSA,except as expressly authorized in writing by the City. SECTION 15 FUNDING AND OTHER RESOURCES: The City agrees to make the Cable Provider dedicated certain channel capacity (spectrum on the cable system) for access use available to PSA without charge to PSA The City agrees to permit PSA to manage the channel capacity that has been designated in Section 1 of this Agreement for access programming purposes. SECTION 16 TERM OF AGREEMENT: This Agreement shall be for a period of commencing on date signed and ending on January 1, 2011 unless terminated earlier, as provided in this Agreement. At the end of said term, this Agreement may be extended by a written agreement executed by the City and PSA SECTION 17 TERMINATION OF AGREEMENT: A. Either party shall have the right to terminate this Agreement by reason of the other party's default. Furthermore, if income, including grants from PSAF, and other revenues are insufficient, PSA also shall have the right at any time during the term of this Agreement to terminate this Agreement if PSA concludes in its best Judgment that within ninety (90) days of such time it will experience a total exhaustion of operating funds B. Notice of termination shall require ninety (90) days written notice by registered or certified mail, return receipt required. A notice of termination shall specify the basis thereof, including a detailed explanation of any alleged events of default At least the following shall constitute an event of default by PSA. 1 Malfeasance, misfeasance, misappropriation of grants received from PSAF for the purposes described in this Agreement, or 2. Any other material breach of this Agreement At least the following shall constitute an event of default on the part of the City. 1 Failure to act in good faith to fulfill the provisions of this Agreement, or 2. Any other material breach of this Agreement. C. Upon receipt of written notice of termination and/or of alleged events of default, the recipient shall have sixty (60) days, or another time frame PSA KENT Service Agreement 4_7_03 doc Page 7 of 9 agreed to by both parties, to cure the default before termination shall become effective. The availability of this remedy shall not bar any action by either party for specific performance of the provisions of the Agreement or any other remedy. D In the event that any dispute shall arise as to the interpretation of this Agreement, or in the event of a breach of this Agreement and if the parties cannot mutually settle such differences, then the matter shall first be referred to mediation with a mutually selected mediator and, if necessary, to arbitration with an arbitrator mutually selected by the parties. SECTION 18 EXTENSION OF AGREEMENT- This Agreement may be renewed or extended for additional time, pursuant to the following process A. If PSA or the City seeks an extension of this Agreement, it shall, on or before July I of the year in which the Agreement would end, submit a letter of intent requesting extension. B. On or before October I of that same year, the party receiving the request shall respond to the other. If either party intends to refuse to extend the Agreement, it shall explain the reasons for this decision in its response SECTION 19. TIME. Time is of the essence in this Agreement and for the performance of all covenants and conditions of this Agreement. SECTION 20 COOPERATION- Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 21 APPLICABLE LAW This Agreement shall be interpreted and enforced exclusively under the laws of the State of Washington. SECTION 22. NOTICES: All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail,postage prepaid and addressed to the appropriate party as follows: To City of KENT 220 4'h Avenue,South Kent, WA 98032-5895 To Puget Sound Access 22412 72nd Avenue S Building C Kent, WA 98032 Any party may change its address for notice by written notice to the other party at any time. PSA KENT Service Agreement 4_7_03 doc Page 8 of 9 SECTION 23 ENTIRE AGREEMENT- This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY OF KENT, a municipal corporation By: Its Date Puget Sound Access, a Washington non-profit corporation By Its Date• PSA KENT Service Agreement_4_7_03 doc Page 9 of 9 Exhibit B: Franchise Ordinance u 1 i r J u d g FRANCEIEE ORDINANCE a ORDINANCE NO. 08 1 AN ORDINANCE of the City of Kent, Washington, granting unto TCI Cablevision of Washington, Inc. , the right, privilege, authority and franchise for fifteen (15) years to construct, maintain and operate a cable television system for the distribution of television and other electronic signals within all City right-of-ways. C'r') M N N � I TABLE OF CONTENTS ,Section 1. Purpose 1 2. Length of Franchise 2 3. Service Area 2 4. Franchise Fee 2 5. Future Provisions 4 6. Public, Educational, and Government Access Channels 5 7. Government Access Equipment 6 8. Institutional Networks 7 9. Coverage 7 10. Emergency Override 8 11. Public Buildings 8 12. Penalties 9 13. Independent Contractors 10 14. Entire Agreement 10 15. Successors or Assigns 11 C'") 16. Acceptance 11 17. Notice 11 18. Severability 12 (V 19. Effective Date 12 CIQAppendix "A" Access Studio and Equipment S Appendix "B" Building Locations M Appendix "C" Public Schools Programming Survey ORDINANCE NO. .3 / of AN ORDINANCE of the City of Kent, Washington, granting unto TCI Cablevision of Washington, Inc. , the right, privilege, authority and franchise for fifteen (15) years to construct, maintain and operate a cable television system for the distribution of television and other electronic signals within all City right-of-ways. THE CITY COUNCIL OF THE CITY OF KENT DOES HEREBY ORDAIN AS CY) FOLLOWS: CV Cu MO Section 1: Purpose. This Franchise shall constitute an agreement between the City of Kent (hereinafter the "City") and TCI Cablevision of Washington, Inc. (hereinafter the "Operator") . The Operator promises to construct, maintain, and operate a cable television system for the distribution of television and other electronic signals pursuant to the terms of this Franchise and the City's Cable Communications Ordinance No. 2 10 The City agrees to grant the Operator all necessary rights and privileges to use public rights of way necessary for a cable television system. This agreement shall, as of its effective date, supersede and replace all existing franchises previously granted by the City of Kent to the Operator or any of its predecessors, subsidiaries or affiliated companies. I f ggction 2: Length-of Franchise. The length of this Franchise shall be for a term of fifteen (15) years commencing on the effective date of this ordinance. Section 3t Service Area. The Operators service area shall be the entire incorporated area of the City of Kent, in its present incorporated form or in any later reorganized, consolidated, enlarged, or re-incorporated form. Section 4t Franchise Fee. The Operator shall pay to the City quarterly, on or before the thirtieth (30th) day of each January, April, July and October, a sum equal to five percent (5t) or greater of gross revenues commencing upon the effective date of this ordinance. Revenues (V that are derived as a portion of a national or regional service CV shall be computed on a per subscriber basis if such determination cannot be achieved by other means. The City may raise the franchise fee, if so permitted by Federal and State law. Prior to implementation of any increase in franchise fees the Operator may request, and will be granted, a public hearing by the City Council to discuss the benefits of said increase to the citizens of Kent. Upon a finding of the City Council that such increase is reasonably required to meet community needs, taking into consideration the cost of providing such increase, the City Council may require the implementation of such increase in accord with the provisions of this agreement. (a) Late Payment. Any quarterly franchise fee not paid by the Operator within thirty (30) days of the and of a quarter shall bear interest at the rate of twelve percent (12%) Palo TCl/rATV TrwwbIw • Pop 2 of 13 annum or whatever maximum amount is allowed under State law, whichever is greater, from the due date until paid. (b) Financial. Reports. Each franchise fee payment shall be accompanied by a financial report on a form provided by the City showing the basis for the Operator's computation and separately indicating revenues received by the Operator within the City from basic service, pay Tv service, other applicable sources of revenue, and such other information directly related to confirming the amount of the Operator's gross revenues as may be reasonably required by the City. (c) Audit by City. The City shall have the right, upon reasonable notice or no less than two working days, to inspect the books and records of the Operator during normal business hours, for the purpose of ascertaining the actual gross revenues collected by the Operator. In the event that such audit discloses a discrepancy of more than ten percent (lot) Mbetween the financial report submitted by the Operator with a 00 quarterly payment and the actual gross revenues collected by Nthe Operator, the Operator agrees to pay to the City the costs 8 of such audit. In the event that such audit results in a Mdetermination that additional franchise fees are due the City, the Operator further agrees to pay interest as required for late payment on such additional franchise fees computed from the date on which such additional franchise fees were due and payable. (d) Non-waiver. Acceptance of any franchise fee payment by the City shall not be construed as an agreement by the City that the franchise fee paid is in fact the correct amount, nor shall acceptance of payment by the City be construed as a release or waiver of any claim the City may have for further or additional sums payable under the provisions of this Ordinance. TC1/CATV Franchise - Pape 3 of 13 i (e) Taxes. Nothing in this section shall limit the Operator's obligation to pay applicable local, State, or Federal taxes. section s: Future Provisions. The City and the Operator acknowledge that the former should be provided with a cable system that has the same general capabilities and capacity as those provided other cities served by the Operator in the King-Pierce-Snohomish County area of the State of Washington. The City may, at its discretion, require that the operator provide such interactive services as addressability, security, computer interaction, banking, shopping, voice and data transmission, High Definition Television (HDTV) , fiber optic and other such features, as well as upgrades capable of carrying at least fifty-four (54) channels, within the City within twenty-four M (24) months of any of the following occurrences: lip CM NProvision by the Operator of any of the same services nidentified above to a preponderance of a cable system; M (a) Within the City of Seattle system, or; (b) Within any adjacent community, or; (c) Forty percent (40%) of the municipalities in King, Pierce, and Snohomish Counties. Notwithstanding the above, the Operator shall in any event complete the upgrade to 54 channels and have the capability of implementing these enhanced services within forty-eight (48) months from the effective date of this franchise. Prior to implementation of any such services listed above the Operator may request a public hearing by the City Council, to discuss the benefits of said features to the citizens of the Cit TCl/G7Y Frwchise - Poe 4 of 13 i Upon a finding by the City Council that such features are reasonably required to meet community needs, taking into consideration the expense of providing such services and the potential costs to subscribers, the City Council may require the implementation of such features in accord with the provisions of this agreement. If the Council deem it necessary, it may, at its own option by a majority vote, extend the time requirements established in this section. Additionally, the Operator, upon completion of the upgrade or by the expiration of the forty-eight (48) month period as prescribed herein, shall provide, maintain and operate a public access studio within a radius of eight (a) miles of the City Hall, or at a location mutually agreeable by all parties. Such facilities shall be subject to approval by the City as suitable. Such approval shall not be unreasonably withheld. M CM N section 6 Public Educational and Government access Channels. CV LDO �..1 Within six (6) months of the effective date of this Franchise, O� unless such time is extended by mutual written agreement between the parties, the operator shall make provisions so that the City shall have the capability of live broadcasting from City Hall. The City shall initially be provided with one (1) access channel capable of live broadcast from City Hall. Upon the provision of fifty-four (54) or more channels the City shall be provided with one (1) educational access channel upon request by the City. The City may initially share a common public access channel with other communities, however, the City may elect, at its option, to provide programming over an individual public access channel for the City's sole use. MICAT9 Frwcbis! - Pepe 5 of 13 i Additional channels over and above these shall be made available for City purposes when any of the two (2) designated channels is in use for access purposes with programming during fifty percent (50%) of the hours between 10:00 a.m. and 10:00 p-m. , during any consecutive ten (10) week period. Programing or additional channels required shall be distinct and non-repetitive of the previous channel. The Operator shall, within six (6) months following a request by the City, provide another designated access channel for this purpose. The Operator shall continue to provide additional channels under the same conditions. If additional channels are designated for community use, but, after one year, such channel(s) are not programmed at least twenty-five percent (25%) of the hours between 10:0o a.m. and 10:00 p.m. with programming, the access users will, within six (6) months of receiving written notice from the cl_ Operator, group their programming into one contiguous block of time Mof their choosing. The remaining broadcast time on such channel CV shall then revert to the Operator for its unrestricted use within N the terms and conditions of this ordinance. Contributions to Public, Educational and Government ("PEG") access will not be considered in lieu of a franchise fee or other obligations to the City. section 9: Government Access Squioment. The Operator shall provide, maintain, and install the necessary equipment for local government cablecasting within six (6) months of a request of the City unless extended by mutual written agreement. Such equipment shall not be less in quantity nor equivalent quality than those listed in Appendix A. TeurATV franchise - Pap 6 of 13 Section SF Institutional Networks. Within twelve (12) months from the effective date of this franchise the Operator shall provide a unidirectional institutional network linking the City's fire stations as indicated in Appendix B. This system will allow programming to be originated in coded form from the East Hill fire station and to be received by decoding devices in each fire station location. Upon completion of the upgrade under the conditions specified in ",Section 5: Future Provisions, " the Operator shall make available within six (6) months an interactive system to provide two-way communication between the fire stations. Subsequent to this event other agencies may request a hearing by the City Council in order to substantiate a need for further Meducational or public safety bi-directional networks. The Operator 7� shall have the opportunity to present its views on the cost and Nappropriateness of any such contemplated network. CD O M M Section 9: Coverage. The City shall be provided with cable television service in the entire Franchise area. If such a condition does not now exist, the Operator shall complete such wiring and be in a position to offer cable reception to all residents within twelve (12) months from the grant of the Franchise. Areas subsequently annexed shall be provided with cable availability within twelve (12) months if not already served by cable, subject to the terms in Section 7.12.270 Extraordinary Installation of Section 2 of the Kent Cable Communications Ordinance No. 2 1 0:1 i lUMM Frwehise - Pops 7 of 13 section io: Emergency Override. Upon completion of the system upgrade subject to the conditions of ,Section 5: Future Provisions the operator shall make provisions for an emergency alert system from City Hall or any one of the primary police or fire facilities. The operator shall establish a process which will provide a character generated scroll and make its best effort to furnish a voice override notifying viewers and listeners of the emergency. This emergency alert system will be compatible with applicable Federal, State and Local regulations. Subject to Federal and State laws and regional planning authorities, control of these emergency override facilities shall be the responsibility of the City. The City shall hold a franchisee, its agents, employees, officers, and assigns harmless from any claims arising out of the emergency use of its transmitting facilities by the City. The City, at its option may Melect to share this service with adjoining communities. (V N section lit Public Buildings. C7) The Operator shall provide without charge for installation or monthly rate, basic service, and outlets at such public buildings and schools as specified in Appendix "B" and "C" as well as other such buildings that may be constructed during the period of the Franchise that are passed by cable and within 150 feet of the trunk or distribution system. The operator shall make its best efforts to provide regional interconnection of all schools at the appropriate time. TC1/UTV fr"nchi"e - Pap" a of 13 $ection 12: Penalties. The City may, following a hearing of the City Council, apply any of the following penalties in connection with delays in system performance. The City shall, prior to any hearing which may result in the imposition of fines, provide the Operator a reasonable opportunity to correct alleged violations by notifying the Operator in writing within thirty (30) days of the City's discovery of the alleged violation, stating the nature of the alleged non-compliance. If, following such hearing, it is determined by the City Council that the Operator has failed to comply with the schedule set forth in the Franchise, monetary penalties will be imposed as set forth below for each day beyond thirty (30) days that the Operator has not fulfilled the requirement(s) : CM a. Upgrade improvements and regional P.E.G. facilities required � N (%11 by Section 5: Future Provisions, $200.00 per day. b. Equipment and channels committed by the operator to the City pMj for access purposes described in Sections 6. 7 and 8, $200.00 per day. c. Coverage of annexed areas where such is not completed as required by Section 9, $200.00 per day. Termination of the Franchise pursuant to the procedure outlined in the City's Cable Communications Ordinance No. 3!0 7 may be imposed for any violation of one or more of the above listed items. The Operator and the City agree that any of the above described violations, unless excused, would constitute failure to comply with a material provision of the Franchise. The penalty amounts listed in this section shall be adjusted as necessary to compensate for inflation. No penalty shall be imposed without a hearing before the Council or its designated TCt/CATV Frwchise - Page 9 of 13 representative(s) . No penalty, bond, forfeiture, or termination shall be imposed for delays where such delays are the result of causes beyond the control and/or without fault or negligence of the Operator, as determined by the City. The Operator shall be entitled to an extension of time if construction is suspended or delayed by the City, or where unusual weather, acts of God (e.g. earthquakes, floods, etc.) , extraordinary acts of third parties, or other circumstances which are beyond the control of the operator, delay progress provided that the Operator has not, through its own actions or inactions, substantially contributed to the delay. The amount of time allowed will be determined by the City and the Operator. The extension of time in any case shall not be less than the extent of the actual non-contributory delay experienced by the Operator. if payment of any of these penalties is delinquent by three (3) months or more, the City may require partial or total forfeiture of performance bonds or other surety. M M M section 13: rndependent Contractor. RJ (V OThis agreement shall not be construed to provide that the O� Operator is the agent or legal representative of the City for any purpose whatsoever. The Operator is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. Bectioa 14: Entire agreement. This agreement, including the City's Cable Communications Ordinance No. c3/ 02 and exhibits that are attached hereto and incorporated herein by reference, represents all of the covenants, promises, agreements, and conditions, both oral and written, between the parties. However, the City reserves the right to wail TC1/GTV franchise - ►aye iQ of 13 any of these sections without affecting the applicability of other sections not so specifically waived. Waiver of any Franchise requirement or Ordinance sections by the City shall be in writing in order to be effective. Section IS: Successors or Assigns. This Franchise Agreement, including all addenda, and the City's Cable Communications Ordinance No. 3/ D shall bind the Operator, its heirs, successors, transferees and assigns. Section 161 Acceptance. This grant of Franchise and its terms and provisions shall be accepted by the Operator by the submission of a written instrument, executed and sworn to by a corporate officer of the Operator before CV a Notary Public, and filed with the City Clerk within sixty (60) days after the effective date of this Franchise. Such instrument M shall evidence the unconditional acceptance of this Franchise and C7? the promise to comply with and abide by all its provisions, terms and conditions. Section 171 Notice. Written notices shall be deemed to have been duly served if delivered in person to the individual or entity for whom it was intended, or if delivered at or sent by registered or certified United States mail to the last business address known to the party who gives the notice. All notices and requests shall be addressed to the City of Kent and the Operator as follows: M/Gn' Frardhfae - ►ape 11 of 13 CITY: City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 OPERATOR: TCI Cablevision of Washington, Inc. P.O. Box 2048 Auburn, WA 98002 Section 191 Beverability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of the ordinance, or C--j the invalidity of its application to other persons or M circumstances. Q7 (V� OSection 191 Effective Date. This Ordinance shall take effect thirty (30) days from and after its passage and publication, provided, however, the Franchise granted by this Ordinance shall not become effective until the Operator files written acceptance thereof. DAN` KELLEHER, MAYOR TCl/CATV FrrrcASw - Rape 12 of U ATTEST: BRENDA JACOBElt CI CLERK APPROVED AS TO FORM: ROG R A. 111BOVICH, CITY ATTO PASSED the _day of i2jj, , 1993 . if M APPROVED the n�E day of —, 1993. PUBLISHED the ` day of rU4 , 1993. r'V I M CT, No. 3 8 I hereby certify that this is a true copy of Ordinance , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. BRENDA JACO , ITY CLERK TCIFRRCR.ub 7C1/CR7Y Frarchise - Pap 13 of 13 Zent Access Equipment APPENDIX A In accordance with Section 7: Government Access Equipment, the following equipment or its equivalent will be supplied by the Operator: Quantity Description of Item i Texscan MSI-SG 4-B Character Generator 3 Panasonic CCD Two-Color Chip Cameras 3 Telco Remote Camera Control Systems 1 Amega 3000 Computer System with Omni Link and Video Toaster 2 Panasonic AG 8350 SVHS 1/2" Recording Decks 1 Shure Audio Microphone System 10 Lavalier Microphones 3 12" Color Monitors Q? 1 19" Color Monitor N2 Panasonic AG460 1/2" SVHS Cameras 8 2 LTM 4 Pepper 420 Light Kits (with M accessories) 07 2 Bogen 3062 Video Tripods (w/3066 fluid head) 2 Tripod Adaptors 20 1/2" 20 Minute Video Cassettes 20 1/2" 30 Minute Video Cassettes 20 1/2" 60 Minute Video Cassettes Miscellaneous lighting system as required adequately allow for the video taping and broadcast of City meetings in the existing City Council Chambers. Miscellaneous cable as required to complete the wiring of the existing City Council Chambers. i Kent Public Buildings APPENDIX B CENTENNIAL CENTER LIBRARY 400 W. Gowe 212 2nd Ave. N. Kent, WA 98032 Kent, WA 98032 CITY HALL RIVERBEND DRIVING RANGE 220 4th Ave. S. 2020 W. Meeker Kent, WA 98032 Kent, WA 98032 CITY SHOPS RIVERBEND 9 HOLE 5821 S. 240th 2020 W. Meeker Kent, WA 98032 Kent, WA 98032 CORRECTIONS FACILITY RIVERBEND 18 HOLE 1230 S. Central 2019 W. Meeker Kent, WA 98032 Kent, WA 98032 FIRE STATION #1 SENIOR CENTER 504 W. Crow 600 E. Smith Kent, WA 98032 Kent, WA 98031 FIRE STATION #3 SPECIAL POPULATIONS CENTER M26512 Military Rd. S. 315 E. Meeker Kent, WA 98031 Kent, WA 98031 CY) N FIRE STATION #4 VALLEY COM. 24611 116th Ave. S.E. 23907 98th S. OKent, WA 98031 Kent, WA 98031 pCy')j KENT COMMONS KENT POLICE DEPARTMENT 525 4th Ave. N. 232 4th Ave. S. Kent, WA 98032 Kent, WA 98032 The following buildings will be connected when economically and technically feasible: FIRE STATION #6, 20676 72nd Ave. S. , Kent, WA 98032 I City of EeAt Schools APPENDIX C Cedar Valley Elementary Martin Sortun Elementary 26500 Timberlane Wy. SE 12711 S.E. 248th Street Kent, WA 98042 Kent, WA 98031 Covington Elementary Mattson Junior High 17070 S.E. Wax Road 16400 S.E. 251 at. Kent, WA 98042 Kent, WA 98042 East Hill Elementary Meridian Junior High 9825 S. 240th 23480 120th S.E. Kent, WA 98042 Kent, WA 98031 Grass Lake Elementary Panther bake Elementary 28700 191st PI. S.E. 20831 108th S.E. Kent, WA 98042 Kent, WA 98031 Kent Elementary Park Orchard Elementary 317 4th Avenue S. 11010 S.E. 232nd Kent, WA 98032 Kent, WA 98031 Kent Junior High Pine Tree Elementary 620 N. Central 27825 188th S.E. Kent, WA 98032 Kent, WA 98031 C CT) Rent Meridian High School Scenic Hill Elementary 10020 S.E. 256th 26025 Woodland Way S. N Kent, WA 98031 Kent, WA 98031 6 Kentridge High School Soo$ Creek Elementary Cn 12430 S.E. 208th 12652 S.E. 218th PI. Q% Kent, WA 98031 Kent, WA 98031 Lake Youngs Elementary Springbrook Elementary 19660 142nd Ave. S.E. 20035 100th S.E. Kent, WA 98042 Kent, WA 98031 If economically and technically feasible, additional schools, when constructed or added to the Kent school system, will be provided with cable service. If economically and technically feasible, all existing or added Federal Way School system schools located within the territorial limits of the City of Kent will be provided with cable service. The following schools will be provided with cable service when economically and technically feasible: Crestwood Elementary, 25225 180th S.E. , Kent, WA 98042 Horizon Elementary, 27641 144th Avenue S.E. , Kent, WA 98042 Jenkins Creek Elementary, 26915 186th Avenue S.E. , Kent, WA 98042 Kent Continuation School, 22420 Military Road, Kent, WA 98032 Kentwood High School, 25800 164th S.E. , Kent, WA 98042 Neely-O'Brien Elementary, 6300 S. 236th Street, Kent, WA 98032 Sequoia Junior High, 11000 S.E. 264th, Kent, WA 98031 City of ]tent programming survey Results of Random Sampling of 800 Residences 11/13/91 t Responding Interest as Type of Programming Very High or Somewhat High News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88% OldMovies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75% Sports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75% Weather. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71� Adult Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67% Health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63% Local Bulletin Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59% Fine Arts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58% Video Music. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58% Children's Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54% frj Business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50% Consumer Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38% Country. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38% NLocal Advertisement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38% Senior Citizens. . . . . . . . . . . .29% C� U.S. Congress Proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25.1 O) Religious. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .213 Spanish Language. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4% i • Exhibit C - AT&T Agreement AT&T AGREEMENT THIS AGREEMENT,effective this o� day of 2001,is by and between TCI Cablevision of Washington, Inc. known as AT&T Broadband(hereinafter "AT&T'D, and the Cities of Auburn,Burien,Kent,Renton, SeaTac and Tukwila(hereinafter collectively "the Cities")to fully satisfy certain of AT&T's existing franchise obligations to provide, maintain and operate public access facilities for the Cities. RECITALS A. AT&T and the Cities entered into agreements whereby the Cities granted franchises to AT&T. The existing franchise agreements are as follows: Auburn: Resolution No.2409,as amended Burien: Franchise Ordinance No. 119,as amended Kent: Franchise Ordinance No. 3108,as amended,granted in accordance with Master Ordinance No.3107 Rentoa: Franchise Ordinance No.4412,as amended,granted in accordance with Master Ordinance No.4413 SeaTac: Franchise Ordinance No.96-1003 Tukwila: Franchise Ordinance No. 1688,granted in accordance vith Master Ordinance No. 1687 For convenience,they shall be referred to collectively herein as the"Franchise." B. Pursuant to the Franchise,AT&T is obligated to provide,maintain and operate a public access studio. The purpose of this Agreement is to release this obligation as set forth under the Franchise. C. In exchange for a release of its obligations described in paragraph B. above,the Cities and AT&T agree that AT&T will contribute to Puget Sound Access Foundation (hereinafter"PSAF"),a tax-exempt charitable trust governed by the laws of the state of Washington and constituted as a supporting organization of Puget Sound Access(hereinafter "PSA'), a tax-exempt Washington non-profit corporation, funds intended to be granted over 10 Ordinance 5535 Exhibit '1' -b Page 1 of 7 AT&T Agreement osr3trot years to PSA to enable PSA to undertake this obligation for the remainder of the Franchise terms referenced in paragraph(A)above. NOW,THEREFORE, in consideration of the mutual undertakings contained herein,the parties agree as follows: 1. In exchange for a full and unconditional release of its Franchise obligation to provide, equip,operate and maintain public access facilities for the Cities,AT&T agrees to pay to PSAF a one-time lump-stun amount of$3,701,942.78 (the"Designated Fund")from which PSAF shall make grants, at least annually,to PSA to be used by PSA for the sole purpose of constructing, equipping,operating and maintaining a single public access studio in South King County for the use and benefit of the citizens of the Cities through January 1,2011,or for so long as PSA has the financial means to do so,whichever is earlier. AT&T shall pay this amount to PSAF within sixty (60)days of the execution of this Agreement;provided,however,that prior to payment being made to PSAF by AT&T,the PSAF Board of Advisors shall prepare and approve a written plan that outlines how PSAF intends to invest,manage,add inicter and distribute the Designated Fund in a prudent and responsible manner with the intent that the funds will be sufficient to enable PSA to fulfill its obligation to the Cities through January 1,2011. 2. Each City assigns to PSAF its right to receive such payment from AT&T in lieu of its Franchise obligations described in paragraph B. 3. The Cities agree to contract with PSA for use of the public access studio and the administration and operation of the public access channels to be provided by AT&T. A copy of the proposed service agreement to be executed by and between each City and PSA is attached hereto as Exhibit . Ordinance 5536 . Exhibit 010 Page 2of7 2 AT&T Agreement 0sr3trot 4. AT&T agrees to assign a designated AT&T employee to provide consultation and advice to PSAF and PSA until June 30,2001, as additional consideration for the full and unconditional release granted by the Cities pursuant to paragraph 7.below. 5. It is understood and agreed that all funds paid to PSAF pursuant to this Agreement shall be administered by PSAF subject to its governing instrument, a copy of which is attached hereto as Exhibit B. The Trustee of PSAF shall have full authority and discretion as to the investment and reinvestment of the Designated Fund 6. It is further understood that following the end of the term of this Agreement as provided in paragraph 1. above,if any of the funds paid to PSAF pursuant to this Agreement, including residual monies in the Designated Fund, have not been expended for the purposes described herein,then notwithstanding anything herein to the contrary,PSAF shall distribute the remainder of such funds to PSA and PSA shall have the right to use such funds for PSA's general uses and purposes(in accordance with its articles of incorporation and bylaws)without restrictions-or conditions or, as determined by the Board of Directors of PSA in its sole discretion,to distribute these funds to another,successor organization organized for the same purpose as PSA and operated exclusively for such uses and purposes as shall at the time qualify as exempt from taxation under section 501(c)(3)of the Internal Revenue Code of 1986,as amended. 7. In exchange for satisfying as herein contemplated the Franchise obligation described in paragraph B. above,the Cities agree to fully and unconditionally release AT&T from its current Franchise obligation to provide,maintain and operate a public access studio for each City for the term of each City's franchise. Ordinance 5535 Exhibit `10 Page 3 of 7 -3- AT&T Agreement 05/31/01 8. PSAF agrees to indemnify,defend and hold harmless AT&T and the Cities party to this Agreement from and against any and all claims which may arise out of this Agreement that may be brought against AT&T and/or the Cities by any third patty. 9. The Cities covenant and agree that they will not seek additional funds or any other form of consideration from AT&T for the duration of this Agreement should the Designated Fund provided by AT&T pursuant to paragraph 1. of this Agreement be insufficient to fund the construction,equipping, operating and maintaining of a public access studio by PSA for the duration of this Agreement. 10. This Agreement may be executed in several counterparts, each of which when so executed shall be deemed to be an original, and all of which together shall constitute one agreement, binding on all the parties hereto,notwithstanding that all patties should not have signed the same counterpart 11. It is intended that the funds paid to PSAF pursuant to this Agreement sball be the property of PSAF and that nothing in this Agreement shall affect the status of PSAF or PSA as organizations that are described in section 501(cx3)of the Internal Revenue Code of 1986,as amended. To the extent necessary,this Agreement shall be interpreted in a manner consistent with the foregoing and so as to conform with the requirements of the Internal Revenue Code and any regulation issued pursuant thereto applicable to PSAF and/or PSA. 12. The parties to this Agreement represent and warrant that they have full lawful authority to enter into it,as demonstrated by the signatures of each parry's representative as set forth below. 13. Each patty to this Agreement agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. Ordinance 5535 Exhibit'1' .- Page 4 of 7 AT&T Agreement 05/31/01 14. This Agreement shall not affect the other obligations as may be owed by AT&T to the Cities as set forth in the Franchise. 15. This Agreement shall be interpreted and enforced exclusively under the laws of the state of Washington. 16. This Agreement constitutes the entire agreement of the parties hereto and supersedes all prior understandings,negotiations and agreements between them concerning the subject matter There are no representations,agreements, arrangements,or understandings, oral or written, between the parties hereto relating to the subject matter of this Agreement which are not described herein. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date written above. CITY OF AUBURN,a municipal corporation By: 1 11- Gog Approved.14iorm: Its: Mayor City Attorney Date: June 18, 2001 Date: 01 CITY OF BURIEN,a municipal corporation By: Approved as to Form: Its: City Attorney Date: Date: CITY OF KENT,a municipal corporation By: Approved as to Form: Its: City Attorney Date: Date: CITY OF RENTON,a municipal corporation By: Approved as to Form: Its: City Attorney Date: Date: Ordinance 5535 Exhibd't' S_ Page 5 of 7 AT&T Agreemea 05/31/01 14. This Agreement shall not affect the other obligations as may be owed by AT&T to the Cities as set forth in the Franchise. 15. This Agreement shall be interpreted and enforced exclusively under the laws of the state of Washington. 16. This Agreement constitutes the entire agreement of the parties hereto and supersedes all prior understandings,negotiations and agreements between them concerning the subject matter. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto relating to the subject matter of this Agreement which are not described herein. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date written above. CITY OF AUBURN, a municipal corporation i By: Approved as to Form: a� Its: City Attorney Date: Date: CITY OF BURIEN, a municipal corporation By. Approved as to Form: Its: — e City Attomey Date: Date: S (G CITY OF KENT,a municipal corporation By. Approved as to Form: Its: City Attorney Date: Date: CITY OF RENTON, a municipal corporation By: Approved as to Form: Its: City Attorney Date: Date: -5- AT&T Agreement 05/17/01 14. This Agreement shall not affect the other obligations as may be owed by AT&T to the Cities as set forth in the Franchise. 15. This Agreement shall be interpreted and enforced exclusively under the laws of the state of Washington. 16. This Agreement constitutes the entire agreement of the parties hereto and I supersedes all prior understandings,negotiations and agreements between them concerning the subject matter. There are no representations, agreements, arrangements,or understandings,oral or written, between the parties hereto relating to the subject matter of this Agreement which are not described herein. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date written above. CITY OF AUBURN,a municipal corporation By: Approved as to Form: Its: City Attorney Date: Date: CITY OF BURIEN,a municipal corporation By: Approved as to Form: Its: City Attorney Date: Date: CITY OF ,�a muni ' lion By: Approved as to Form: I /Gl Its: 4 City Attorney Date: V %r= o-Ab t Date: 5-2q -0( CITY OF RENTON,a municipal corporation By: Approved as to Form: Its: City Attorney Date: Date: -5- AT&T Agreement 05/29/01 14. This Agreement shall not affect the other obligations as may be owed by AT&T to the Cities as set forth in the Franchise. 15. This Agreement shall be interpreted and enforced exclusively under the laws of the state of Washington. 16. This Agreement constitutes the entire agreement of the parties hereto and supersedes all prior understandings, negotiations and agreements between them conceming the subject matter. There are no representations,agreements, arrangements,or understandings,oral or written,between the parties hereto relating to the subject matter of this Agreement which are not described herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY OF AUBURN, a municipal corporation By: Approved as to Form: Its: City Attorney Date: Date: CITY OF BURIEN,a municipal corporation By: Approved as to Form: Its: City Attomey Date: Date: CITY OF KENT, a municipal corporation By: Approved as to Form: Its: City Attomey Date: Date: CITY OF ON, a municipal corporation By: ;� Approved as t Its; y°r City Atton y Date. - 30. o Date: ATTEST:4PU&& ,./ Marilyn J. etersen, City Clerk AT&T Agreement 05/17/01 Jay Holman - PSA Agreement- Final doc _ Page 6 Date: Date: CITY OOFSSEEAT_AC,�aIm mcipal corporation +)— p + rl I By: C w" /�7�� Approved as to ForntcJ �oKa�Y.� 1 �,roL1a ten/ Its: �/. ty M,�.�.+SY- City Attorney Date: Date Lune i1, 2.0pl CITY OFTUKWIL.A,a municipal corporation By: Approved as to Form: Its: City Attorney Date: Date: TCI CABL.EVISION OF WASHINGTON,INC. known as AT&T BROADBAND,a Washington corporation i I By: Date: J1me 25, 2001 I i I � I I I i ; 1 G. AT&T Ageerrrcnt 05/10/01 CITY OF SEATAC, a municipal corporation By: Approved as to Form: Its• City Attorney Date: Date: CITY OF TUKWILA, a municipal corporation By::- M VV\ Approved as to Form: Its: /r55, Sisn f Crty Attomey Date: Date: TCI CABLEVISION OF WASHINGTON, INC. known as AT&T� BROADBAND, hington corporation By: Its: Senior vice President Date: June -6- AT&T Agreement 06/13/01 ACKNOWLEDGMENT AND ACCEPTANCE OF CONTRIBUTION Puget Sound Access Foundation(PSAF), a supporting organization of Puget Sound Access,hereby accepts the sum of$3,701,942.78 from TCI Cablevision of Washington,Inc. known as AT&T Broadband, subject to the tetras and conditions set forth in the foregoing Agreement. PSAF agrees to indemnify, defend and hold harmless AT&T and the Cities party to this Agreement from and against any and all claims that may be brought against AT&T and the Cities by any third party arising out of this Agreement. DATED this to day of Zi 200I. PUGET SOUND ACCESS FOUNDATION, By: Its: Trustee STATE OF WASHINGTON ) ss. COUNTY OF KING )On this day personally appeared before me et &Mil(. ,to me known to be the Trustee of PUGET SOUND ACCESS FOUNDATION,that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute the same instrument. GIVEN under my hand and official seal this V11day n2001. R. 8 G/ .e{ y~•� �� (print notary's name) iaC•g _�'`•'�� i f Notary Public in for..th. 55i�State of Washington, Etli@L1R i residing at & , i-p.Ogrr My commission expires: O 2- -7- AT&T Agmemem n�ii 1 ini i SCHEDULE A ! Puget Sound Access Foundation Trust Agreement Cash in the amount of$3,701,942.78. a Received by Le, : ZOD - - - - - - ---- PUGET SOUND ACCESS FOUNDATION TRUST AGREEMENT 77, THIS AGREEMENT is entered into this X day ofgg ,2001,between TCI CABLEVISION OF WASHINGTON,INC. known as AT&T Broadband (hereinafter the "Trustor") and WELLS FARGO BANK,N.A. (and successors thereto) (hereinafter the "Trustee")as follows: Pursuant to an agreement between the Trustor and the Cities of Auburn,Burien,Kent, Renton, SeaTac, and Tukwila dated &KE Z5 '2001,the Trustor has irrevocably transferred to the Trustee the property listed on Schedule A attached hereto, which property,together with any additions thereto by any other persons or entities (hereinafter"Foundation Property), the Trustee shall hold, administer and distribute as hereinafter provided for the purposes of enabling PUGET SOUND ACCESS to construct, if necessary,or otherwise provide,maintain and operate a public access studio. This trust is intended to be a tax-exempt charitable trust and shall be known as the`Puget Sound Access Foundation"(hereinafter"PSA Foundation"). ARTICLE I CHARITABLE PURPOSES AND CHARITABLE BENEFICIARY PSA Foundation is organized and at all times shall be operated exclusively for charitable uses and purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (hereinafter"Code"). The Foundation Property shall be used exclusively for such charitable uses and purposes. PSA Foundation is a supporting organization,within the meaning of Code Section 509(ax3), that is organized and shall be operated exclusively for the purpose of supporting PUGET SOUND ACCESS,a Washington non-profit corporation exempt from taxation under Code Section 501(c)(3)and described in Code Section 509(a)(1)and Code - 1 - 1176955.1 2.4 Trustee's Compensation: The Trustee shall be compensated in accordance with • its customary schedule of fees as the same may be revised from time to time. 2.5 Bond, Administration Without Court Intervention: No bond shall be required of any Trustee serving hereunder,and to the extent permitted by law,this trust shall be managed, administered,distributed and settled in the manner provided herein and specifically without the intervention of any court,board, tribunal,or officer. ARTICLE illl BOARD OF ADVISORS 3.1 Board of Advisors: During the term of the trust,the Trustee shall be advised by a Board of Advisors as provided in this Agreement. It shall be the function and purpose of the Board of Advisors to advise the Trustee on the making and timing of grants to PSA in accordance with the provisions of Article IV of this Agreement so that the Trustee can make appropriate short-and long-term investment decisions in accordance with the grant recommendations of the Board of Advisors. Furthermore,the Board of Advisors shall be available to consult with the Trustee on matters relating to the business and affairs of PSA Foundation and to suggest or be available for consultation with regard to any activities which PSA Foundation may undertake, consistent with its exempt purposes,in furtherance of its goals and objectives. The Board of Advisors also shall have the authority to remove and replace the Trustee as more particularly described in Article 3.4 below. 3.2 Membership and Appointment: The Board of Advisors of PSA Foundation shall consist of no fewer than three (3) and no more than thirteen(13) individuals. To the extent possible, the Board of Advisors should consist of individuals whose integrity, capability, -3 . Board of Advisors) a reasonable return of that income (as determined by the Board of Advisors) with due regard of safety of principal over the course of the trust term. Prior to exercising such authority, the Board of Advisors shall notify the Trustee, in writing, and the Trustee shall have thirty(30) days from receipt of such notification to respond to the Board of Advisors and make any necessary or advisable corrections. Upon removal of the Trustee,the Board of Advisors, without court proceedings, shall concurrently appoint an accepting successor Trustee which shall be a bank or mist company having trust powers and capital and surplus of at least One Hundred Million Dollars($100,000,000). 3.5 Ouorum and Vote Reauired for Action: At meetings of the Board of Advisors,a majority of Ee—me—mRr—sorme Eloara or Wavisors quorum for the transaction of business. Except as otherwise provided in this Agreement,the act of a majority of the members of the Board of Advisors present at a meeting at which a quorum is present at the time shall be the act of the Board of Advisors. 3.6 Action Without a Meeting: Any action required or permitted to be taken by the Board of Advisors may be taken without a meeting if a consent in writing, setting forth the actions so taken,is signed by not less than a majority of the members of the Board of Advisors then in office. Such consent shall have the same force and effect as an affirmative vote at a meeting duly called. 3.7 Telephone and Similar Meetings: The members of the Board of Advisors may participate in and hold a meeting by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time. Participation in such a meeting shall constitute presence in person at the meeting, -5 - 1176955 1 4.3.2 To work together to establish fixed dates for the distribution of trust income with the goal of enabling PSA to budget effectively each year, and 4.3.3 To consider written requests by PSA for discretionary principal distributions. 4.4 Limitations: 4.4.1 No part of the net earnings of PSA Foundation shall inure to the benefit of, or be distributable to,any individual so as to jeopardize PSA Foundation's exempt status under Code Section 501(cX3). PSA Foundation shall be authorized and empowered,however,to pay reasonable compensation for services rendered,to make reimbursement for reasonable expenses McUWM an in Foundation's charitable purposes. 4.4.2 PSA Foundation shall not carry on propaganda,or otherwise attempt to influence legislation,to an extent that would disqualify it for tax exemption under Code Section 501(cx3)by reason of attempting to influence legislation. PSA Foundation shall not participate in, or intervene in(including the publication or distribution of statements)any political campaign on behalf of(or in opposition to)any candidate for public office. 4.4.3 Notwithstanding any other provisions of this Agreement,PSA Foundation shall not conduct or carry on activities not permitted to be conducted or carried on by an organization exempt from taxation under Code Section 501(c)(3)and which is a supporting organization with the meaning of Code Section 509(a)(3),or by an organization contributions to which are deductible under Code Section 170(c)(2). _7. 11769551 Trustee shall distribute the Foundation Property to PSA. If at such time PSA does not exist or does not qualify as exempt from taxation under Code Section 501(c)(3)as an organization described in Code Section 509(a)(1)or Code Section 509(a)(2),the Trustee, upon consultation with the Board of Advisors, shall distribute the Foundation Property to an orgaruzation selected by the Trustee that is exempt from taxation under Code Section 501(c)(3)as an organization described under Code Section 509(a)(1) or Code Section 509(ax2)that is organized and operated exclusively for the same charitable and educational purposes as PSA. In no event shall any of the Foundation Property be distributed to or for the benefit of any private individual other than as reasonable compensation for services rendered. ARTICLE VI ADMINISTRATIVE PROVISIONS 6.1 Trustee's Powers: In addition to and not in limitation of the powers set forth in this Agreement, except as otherwise expressly provided herein,the Trustee shall have all rights, powers and duties given by the laws of the State of Washington,including those set forth in the Washington Trust Act under RCW 11.98, in force on the date of this Agreement,incorporating by reference such laws. Except as otherwise expressly provided herein, such powers may be exercised independently and without the prior approval of any court of judicial authority,and no person dealing with the Trustee shall be required to inquire into the propriety of any of the Tnrstee's actions. If any powers herein conferred upon the Trustee by state law or by the terms of this Agreement should jeopardize the tax-exempt status of the trust, however,this Agreement shall automatically be amended to conform to the appropriate federal tax law and such offending powers shall be null and void. In addition,the Trustee shall have fall power and authority: -9- 1176955 1 trust funds. Nothing in this Agreement shall be construed to restrict the Trustee from investing the trust assets in a manner which could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of trust assets; and 6.1.5 Purchase and Sales of Securities: The Trustee has full discretionary authority to trade in stocjl,bonds,securities or other investments, including money market instruments,whether or not such investments are of the kind or class authorized by law. The Trustee may purchase securities of an investment company,such as Wells Fargo Funds, for which the Tnistee, its subsidiaries,or its affiliates act as an investment advisor. 6.1.6 Contributions from Others: To receive gifts,bequests,or devises to PSA gifts,bequests,or devises made upon any terms or conditions that would conflict with the charitable purposes of PSA Foundation or other provisions of this Agreement. The Trustee shall have power and authority to refuse or place restrictions or any gift proffered. 6.2 Accountin¢: Within sixty(60)days following the end of each calendar year,the Trustee shall prepare a statement of all property held in the trust and of all disbursements and receipts of the trust for the calendar year and shall finish a copy of the statement to the Board of Advisors,but,to the extent authorized by law,the Trustee shall otherwise be relieved from compliance with the Uniform Trustees Accounting Act of the State of Washington,any amendments thereof,and any similar laws of any other jurisdiction wherein the trust,or any share or portion thereof, is being administered. 6.3 Distribution of Assets: The Trustee may distribute assets in kind, including undivided interests therein,and may do so without regard to the income tax basis of specific property allocated to any beneficiary(including any trust). The Trustee shall not be required to 11769551 interest in, and no power or privilege to control or affect the Foundation Property or the income therefrom. 7.2 Amendment: Notwithstanding the foregoing, the Trustee shall have the power to amend this Agreement in any manner required for the purposes of ensuring that PSA Foundation qualifies and continues to qualify under Code Section 501(c)(3) and qualifying PSA Foundation as a supporting organization described in Code Section 509(a)(3). ARTICLE VM LIMITATION OF TRUSTEE'S LIABILITY AND INDEMNIFICATION 8.1 Limitation of Trustee's Liability: A Trustee shall have no liability to PSA Foundation for monetary damages for conduct as a rustee,except or acts or omissions MN involve intentional misconduct by the Trustee; (2)a knowing violation of law by the Trustee; (3) making,approving or assenting to distributions by PSA Foundation in violation of this Agreement; (4)any transaction from which the Trustee will personally receive a benefit in money,property or services to which the Trustee is not legally entitled. Any amendment to or modification of this Article shall not adversely affect any right or protection of a Trustee of PSA Foundation existing at the time of such amendment or modification for or with respect to any acts or omissions of such Trustee occurring prior to such amendment or modification This provision shall not eliminate or limit the liability of a Trustee for any act or omission occurring prior to the date this section becomes effective. 8.2 Rirht to Indemnification: PSA Foundation shall indemnify any person or entity (hereinafter"Person")who was or is threatened to be made a party to or is otherwise involved (including, without limitation, as a witness) in an actual or threatened action, suit,or proceeding, whether civil,criminal, administrative, or investigative, by reason of the fact that such Person is 11769551 ARTICLE IX MISCELLANEOUS 9.1 Number and Gender: Unless some other meaning is apparent from the context, plurals shall include the singular and vice versa.,and masculine, feminine and neuter words shall be used interchangeably. 9.2 Governing Law: Savings Clause: This instrument shall be governed by the laws of the State of Washington. Any provision prohibited by law or unenforceable shall not affect the remaining provisions of this instrument. 0 11769551 STATE OF WASHINGTON ) ss. COUNTY OF KING } On-this day pe op lly appeared before me��M `�to me known to be the Ih V p�g�abf TCI CABLEVISION OF WASHINGTON, INC.,the co ration that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therem mentioned, and on oath stated that he/she was authorized to execute the same instrument. GIVEN under my hand and official seal this v:17 day of '2001. JQ� ilL�r �L�'/ ;: � wVAI{G �• � (prim notary's name) :;, �'.��_�• Notary Public in And for the State of Washington, resi ino at ..,,,F. My commission expires:_ 4-7-—' STATE OF WASHINGTON ) ss. COUNTY OF KING On this day personally appeared.before me 13rr"d A ej v/+Ct n e ,to me known to be the A a 4 frv5 f o 2e,4c,- of WELLS FARG6,N.A., a corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that beshe was authorized to execute the same instrument. GIVEN under my hand and official seal this..2/o' day of fnt, 2001. C. 77-20404� l�/ (prim notary's name) i�: OTARy 9 �i Notary Public in and fo the State of Washington, o residing at Jear .� GJ My commission expires: iti`�q• �t-29Y�k'�� 17 1176955 1 SCHEDULE A Puget Sound Access Foundation Trust Agreement Cash in the amount of$3,701,942.78. Received by: Trustee 11769551 AT&T Broadband Washington Market 22025 30th or SE Bothell,WA 98021-4444 July 17, 2001 ,Mi. Dea Drake Mr. Tom Brubaker City of Kent 220 Fourth Avenue South Kent, WA 98032 Dear Dea.and Tom: This morning I received an original Acknowledgement and Acceptance of Contribution signed by Bridget B. Greene, CFP, CTFA on behalf of Wells Fargo Bank, along with an original Schedule A to the Puget Sound Access Trust. I'm amazed that the unheralded delivery of such a small envelope could mark completion of the transition of public non-profit corporation. I was expecting skyrockets, at the very least! I cannot let this opportunity pass by without thanking you both for your leadership, guidance,thoughtfulness and patience—they surely were essential ingredients in moving the group forward. I especially appreciated the respectful manner with which you both addressed me, as an AT&T Broadband representative, even when our positions were diametrically opposed and we were struggling for a way to reach consensus. I can only hope that I was as successful in demonstrating my respect and appreciation to you both. I believe I can safely say we're done. I look forward to the success of PSA,and to viewing the programming that will be originated there. Please let me know if the group is interested in issuing a joint press release to announce completion of this great partnership. As always, you can reach me at (425) 398-6142 or by email at turpenlanet @broadband.att.com. Again, thank you for your efforts. i Cordially, anet L. Turpen Regional Director of Franchising—WA AT&T Broadband Cc: Jennifer Krebs,PSA Debbie Luppold,AT&T Broadband Exhibit D — Puget Sound Access Information .G eSS Puget Sound Access 22412 72"d Ave. S. Building C Kent, WA. 98032 Phone: 253-315-0156 Website: www.pugetsoundaccess.com Email: .board @ pugetsoundaccess.com keri@puqetsoundaccess.com Mission To empower Puget Sound Access members to produce television programming responsive to the diverse range of perspectives, issues, & interests of their communities. Background Puget Sound Access (PSA) is a 501(c)(3) non-profit organization created to bring communications tools to South King County residents. Our member cities consist of Kent, Bunen, Tukwila, Auburn, Renton and SeaTac. Our mission is to provide equipment, training and services and allow access to resources to help aid community communication. Currently, PSA has eleven members on its Board of Directors. This membership consists of representatives from each of the city departments as well as community members PSA is funded through a charitable trust negotiated with AT&T to provide cable access services for South King County. PSA fully expects to become a flourishing access facility within a year of operation. Our initial plans include two studios, a master control center for playback operations, dedicated space for meetings and workshops, camera packs available for check out and digital edit bays for post production. 1 Productions from the PSA television facility will be seen on the AT&T/Comcast cable system in South King County. This channel will reach approximately 65,000 households and the facility will potentially serve over 200,000 people. PSA's staff will contribute to programming with community events and informational programs of local significance. PSA is excited to find a facility that would allow for community members to easily access its resources as well as become a gathering space. We plan to become a valuable resource to South King County. PSA Board of Directors PSA's Board of Directors consists of eleven appointed representatives of the member cities. Board meetings take place the third Wednesday of the month. Dea Drake (President), City of Kent Representative Doug Cullen (Vice President) , Producer Representative Jan Hubbard (Treasurer), City of Burien Representative Lon Hurd (Secretary), City of Auburn Representative Frank Inarte, City of Tukwila Representative Jay Holman, City of SeaTac Representative Sara Gamer, City of Renton Representative Gregory Worthing, City of Kent Representative Don Franks, City of Burien Representative Marilyn Petersen , City of Renton Representative Stephen Hess, Producer Representative PSA Staff Ked Stokstad, Executive Director 2 ^4�� PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 K ENT Fax 253-856-6500 WASHINGTO111Z Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: May 5, 2003 TO: Mayor White ate dent City Council Di FROM: D Wickstro ' bhc Works Director SUBJECT: So 259`h Place— Street Vacation SUMMARY: We have received a valid petition to vacate a portion of SE 259th Place In accordance with state law, a public hearing must be held The Public Works Department recommends adoption of a resolution setting the public hearing date BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact MOTION Recommend Council adoption of a resolution setting a public hearing date of July I" for the Street Vacation located along a portion of SE 2591h Place BACKGROUND: By law upon request of a valid street vacation petition the City, via adopting a resolution is required to hold a public hearing thereon within 60 days of passage of said resolution • Mayor White and Kent City Council So 259"Place—Street Vacation—Set Hearing Date May 5, 2003 1 RESOLUTION NO. A RESOLUTION of the city of Kent, Washington,regarding the vacation of a portion of South 2591h Place in the city of Kent, and setting the public hearing on the proposed street vacation for July 1, 2003 WHEREAS, a petition,attached as Exhibit"A,"has been filed by Phyllis M Dettler to vacate a portion of South 2591h Place in the city of Kent, and WHEREAS, the petition is signed by the owners of at least two-thuds of the real property abutting those portions of South 2591h Place to be vacated, and WHEREAS, the petition is in all respects proper,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of South 2591h Street, legally described in Exhibit"A,"shall be held at a regular meeting of the Kent City Council at 7 00 p in ,Tuesday,July 1,2003,in the Council Chambers of City Hall located at 220 4th Avenue South,Kent,Washington, 98032 SECTION 2. The city clerk shall give proper notice of the heanng and cause the notice to be posted as provided by state law, Ch 35 79 RCW 1 Street Vacation— South 259'h Place SECTION 3. The planning manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the council so that the council may consider the matter at its regularly scheduled meeting on July 1,2003 PASSED at a regular meeting of the city council of the city of Kent, Washington this day of May, 2003 CONCURRED in by the mayor of the city of Kent,this day of May,2003 JIM WHITE, MAYOR ATTEST. BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No passed by the city council of the city of Kent,Washington,on the day of May, 2003. (SEAL) BRENDA JACOBER, CITY CLERK 2 Street Vacation— South 259"Place Kent City Council Meeting Date May 20. 2003 Category Consent Calendar 1. SUBJECT: RESOLUTION SETTING HEARING DATE ON S. 259TH ST. STREET VACATION—ADOPT 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Resolution No.49 39 setting the public hearing on the street vacation petition for a portion of South 259th Place for July 1, 2003. 3 EXHIBITS: Resolution, Public Works Director memorandum and vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D COPY RE 1F � APR 2 4 2003 ngmw q CEiI D ePR 2 y y003 ' ` ! CITY OF KENT �� Kert C,p,"ncnlCy CITY CLERK (CENT WAa NIMaTON ,ram Mayor Jim White K[VAfI: MAIL TO: APPLICANT: CITY OF KENT NAME: P--r/- 4. /: dbz Property Management 220 S 4"Avenue ADDRESS:[ . ge. C G ac Kent,Washington 99032 Aim Jerry McCaughan _S enft6 Ll h pY✓F.l; PHONE: DOC STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council. We,the unde/signed abutting property owners,hereby respectfully request that certain t'�ND&Ry LS.i75ZX!1, AA'9 .5i3 �v`lZjk4- herebybevacated. o Legal Description of Street/Alley Sought to be Vacated (Must Contain Total Square Feet of Area Sought To Be Vacated) Lei4 / O9e5 HOC" 9lrr-/,-/ f:r�/,6./ fr ' BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A"CURRENT"ownership and encumbrance report must be submitted with this application that covers all the abutting properties contiguous to alley or street sought to be vacated. When Corporations,partnerships,etc are being signed for,and then proof of individual's authority to sign for same shall also be submitted Attach a color-coded map of a scale of not less than 1"-200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT# SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC.TO WN.RG. 02t Z54 4cs- J6>83 $150 00 Fee Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. P Deed Accepted Date Trade Accepted Date KENT S T,Gpcdy Mawa<mem\YacaiNM ADP da CITY OF KENT fA 2 3 Z011'' PERMIT Coma DEPT Cramer Northwest Inc. Hmmm Surveyors •Planners•En�neers APR 2 y 2003 CCIITTYOCLNT ERK Commencing at the northeast comer of Section 28,Township 22 North,Range 4 East,W M,said corner being a stone monument%A a scribed"X",Thence South 01°00'40"West,along the east line of the northeast quarter of said Section 28,a'ihstance of 773.63 feet to the northerly margin of 11. Reith Road (South 259ib Place);Theece,North 73130'14"West along said northerly margin a distance of 67.04 feet to a point on the east line of a portion of lied for relinquishment to county per recording no.8505070897 and being the Point of Beginning;7hince'continuing North 73°30'14"West a distance of 110.51 feet;thence North 10°59'5r East a distinte of90.00 feet;Thence South 79'00'10"East a distance of 110.00 feet; Thence South 10°59'50"West a distance of 40.59 fed to the Point of Beginning. Contains±3882.4 SF(0.09f ac,) a 9MR - RECEIVED APR 2 3 2003 CITY OF KENT PERMIT CENTER . v . G4FL-7 t . ...i% i AIH 2 Phone. 253.852.4880 Toll Free: 800 251.0189 Fax: 253.852.4955 945 N. Centr d .kt.-e. Suite 104 Kent, ANCA 98032 Visit Cramer Northi%est on the Nveb at http-//NvvN w.cramerma.com APR 2 D EErGINEER(iEu DEPT 4FR 2 4 2003 CITY OF KENT CITY CLERK RECEIVED APR 2 3 2003 CITY OF KENT PERMIT CENTER - J1 J j W r, x W y CLR:) q r .- L' .i 7. �✓� -` '��f� f�L t �' I rf J I E t/a I-OP fi4^!; ,tick S �C4D 71 C sec c N1 J s 237TM ST • „� zxn I sT I : I e s:xTM s� iL r j-T' 1 n E x1G1111 ■� e h r g I` �rlrfaj ' -,I'4 „ ! ®��� o►« I S ./y' 24DTMM)H #+2�w t� <I CZ o € Z`r <I ss"v-fAl d4 Ar =J 1 '�- L '< I s I240TN _ s Ss.-- €7»M 3I1i_2�r1rpf�`�-y� „` wrT `„IZief A2e:1�fN 21i53,TA N 0_«iII_„I I,•,I &JM ,�s-„„•riir�'-•f�`7H. a\M ST jig SI ` N zp�- s i 524*t11 a=In^ L . _wr /..r aa9 ( St 2 t7i ,.s ST t , I •2 al< PAxI I 1 '^ 5 2 3RU ST I yYS '�' o n"•± M Ns'I .^ s s f ST V,� �`.' 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VIM nr,x_ sr,' R S 277i PLX n s /C •" <al �_— „+� a r r 'r ♦,� S Si AR,1'UK[_RO \ / 2771N PL'" 2SeSlx 32 `s�Z7 T " d •= 3 + 1 gl i „Ira T rN sip CE 34 �e Qg s 2emx sT n5 MIT f f $ , L :•j a• l r Fssn �»' � « s� s's m-.-4151 � 7506'— +^"j' lL97u-.•- « S t s �I <al x g 'OetiT r y TH „ _ -s r� T �;R is \\$I s zezlo„BlArMN �3 AM rrs 1 i esm G » ;'S a,w u- s d• r _ x� y Y sir 17 1 I s MTN PL i f sv�v \) s 265Tx PL� r > 7 ! L � wag 4 � �I I 7r I w irrx n • .,._.. _I S smlx«H i•4Ir EI„ „ I �� .�.. ; 15 f s 2lfry� °� L um y -� s zwl, , ..�.n I I suw x E'i tfITN RT S „I < 57 5aSgl l Sl .4 s�p11 � e„ r' `K, �I=!_J eMIM IS n�T,Fr r Kent City Council Meeting Date May 0, 2003 Category Consent Calendar 1. SUBJECT: STATE OF WASHINGTON DEPARTMENT OF HEALTH GRANT—ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Safe Committee, accept the State of Washington Department of Health grant fund in the amount of $4,000 and authorize the Fire Department to apply grant funds toward the purchase of Bic's "play safe! be safe!" curriculum. A grant was received from the State of Washington Department of Health in the amount of$4,000. The grant was provided through the Civilian Fire Safety Corp and must be used in assisting with education within our local community and also to provide the Department of Health and the Centers of Disease Control with a model of community education. With the funds, the Fire Department will purchase the Bic's "play safe! be safe!" curriculum which will be used to tram local daycare and pre-school teachers to instruct the program to their students. 3. EXHIBITS• None 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: Revenue of$4,000 SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E Kent City Council Meeting Date Ma 20, 2003 Category Consent Calendar 1. SUBJECT: DISPOSITION OF SURPLUSED FIRE ENGINE—APPROVE 2. SUMMARY STATEMENT: As recommended by the Public Safety Committee, approve the donation of a previously surplused 1986 Pierce Engine/Aid Unit (apparatus 712, VIN#040115)to the county of Peru by the Fire Department In February 2002 the City Council authorized the Fire Department to surplus two (2) 1986 Pierce Engine/Aid Units and also authorized the Fire Department to sell the apparatus to the lughest bidder. The Fire Department received one(1)bid on the Engme/Aid Units and that unit was sold to King County Fire District#37 (Black Diamond). Since that time the Fire Department has advertised, numerous times,the remaining unit for sale in trade publications but has received no offers Recently Substitute House Bill 1494 was enacted which authorizes a municipality or political subdivision to sell, transfer, exchange, lease or otherwise dispose of personal property, except weapons,to a foreign entity. The Fire Department has received a request to donate this unit to Peru It has received information that a number of departments within the State are donating fire apparatus to Peru The donated units will be shipped from Portland sometime in early June. 3. EXHIBITS• None 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION LAND FOR WATER CONSERVATION FUND PROGRAM GRANT APPLICATION RESOLUTIONS—ADOPT 2. SUMMARY STATEMENT: As recommended by the Parks Committee, adopt Resolution Nos. j&qo , /W and rb'F3 authorizing submittal of grant application resolutions to the Interagency Committee for Outdoor Recreation (IAC) to acquire additional property at Clark Lake Park, East Hill X Park, East Hill Park and Morrill Meadows Park. The attached grant resolutions outline the acquisition of the Walla and Lake Properties adjacent to Clark Lake Park, the acquisition and development of the Haak property at East Hill X Park, and the acquisition of the Backhaus property between East Hill Park and Morrill Meadows Park, which will add to the current park property sites. • 3. EXHIBITS: Resolutions 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No. 6G RESOLUTION NO A RESOLUTION of the city council of the city of Kent, Washington, authorizing application to the Interagency Committee for Outdoor Recreation (IAC) for federal funding assistance for a Wildlife and Recreation Program (WWRP) as provided in Chapter 79A 15 RCW, Acquisition of Outdoor Recreation Lands WHEREAS, the city of Kent has approved a comprehensive plan that includes the East Hill X Park area, and WHEREAS, under the provisions of WWRP, state funding assistance is requested to aid in financing the cost of land acquisition and/or facility development, and WHEREAS, the city of Kent considers it in the best public interest to complete the land acquisition project described in the application, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY RESOLVES AS FOLLOWS i, The Director of Parks,Recreation,and Community Services is authorized to make formal application to IAC for funding assistance 1 IAC Resolution— East Hill X Park Acquisition 2. Any fund assistance received will be used for the implementation of the project referenced above 3 The city of Kent certifies that its share of project funding is committed and will be derived from Youth/Teen Capital Funds and bargain sale. 4 The city of Kent acknowledges that it is responsible for supporting all non- cash commitments to the sponsor share should they not materialize; 5 The city of Kent acknowledges that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by the city of Kent and IAC 6. This resolution becomes part of a formal application to IAC 7. The city of Kent provided appropriate opportunity for public comment on this application at the Parks Committee meeting on March 11, 2003. Passed at a regular meeting of the city council of the city of Kent,Washington this day of May, 2003 Concurred in by the Mayor of the city of Kent, this day of May, 2003. JIM WHITE, MAYOR 2 IAC Resolution — • East Hill X Park Acquisition . ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No passed by the city council of the city of Kent, Washington, the day of May, 2003 (SEAL) BRENDA JACOBER, CITY CLERK . 3 IA Resolution — East Hill X Park Acquisition RESOLUTION NO A RESOLUTION of the city council of the city of Kent, Washington, authorizing application to the Interagency Committee for Outdoor Recreation (IAC) for federal funding assistance for a Land and Water Conservation Fund (LWCF) program as provided in the LWCF Act of 1965, as amended WHEREAS, the city of Kent has approved a comprehensive plan that includes the Clark Lake Park area, and WHEREAS, under the provisions of the LWCF, federal funding assistance has been requested to aid in financing the cost of land acquisition, and WHEREAS, the city of Kent considers it in the best public interest to complete the land acquisition project described in the application in order to expand the Clark Lake Park area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY RESOLVES AS FOLLOWS I The Director of Parks,Recreation,and Community Services is authorized to make formal application to IAC for funding assistance. 1 IAC Resolution — Clark Lake Park— Walla and Lake Acquisitions 2 Any fund assistance received will be used for the implementation of the project referenced above, which is acquisition of the Walla and Lake properties to expand the current Clark Lake Park property 3 The city of Kent certifies that its share of project funding is committed and will be derived from the King County Conservation Futures Grant 4 The city of Kent acknowledges that any property acquired with IAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by the city of Kent,IAC,and the National Park Service 5 This resolution may become part of a formal application to IAC 6 The city of Kent provided appropriate opportunity for public comment on this application at a public meeting on March 12`h and at the Parks Committee meeting on March 11, 2003 7 The city of Kent acknowledges that LWCF grants are federal funds and, as such, the city of Kent must comply with all applicable federal laws Passed at a regular meeting of the city council of the city of Kent,Washington this day of May, 2003 Concurred in by the Mayor of the city of Kent, this day of May, 2003. JIM WHITE, MAYOR 2 IAC Resolution — Clark Lake Park— Walla and Lake Acquisitions ATTEST: S BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of May, 2003 (SEAL) BRENDA JACOBER, CITY CLERK P Cnd RmInion IAC ma17 Ck "kePmo Walla Lake doc 3 IAC Resolution— Clark Lake Park— Walla and Lake Acquisitions RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, authorizing application to the Interagency Committee for Outdoor Recreation (LAC) for federal funding assistance for a Wildlife and Recreation Program (WWRP) as provided in Chapter 79A 15 RCW, Acquisition of Outdoor Recreation Lands WHEREAS, the city of Kent has approved a comprehensive plan that includes the East Hill Park and Morrill Meadows Parks areas, and WHEREAS, under the provisions of WWRP, state funding assistance is requested to aid in financing the cost of land acquisition (Backhaus property), and WHEREAS, the city of Kent considers it in the best public interest to complete the land acquisition project described in the application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY RESOLVES AS FOLLOWS 1 The Director of Parks,Recreation,and Community Services is authorized to make formal application to IAC for funding assistance 1 IA Resolution— Backhaus Property Acquisition 2. Any fund assistance received will be used for the implementation of the project referenced above. 3 The city of Kent certifies that its share of project funding is committed and will be derived from the Martin Property Acquisition acquired with a Waiver of Retroactivity(CIP Funds). 4. The city of Kent acknowledges that it is responsible for supporting all non- cash commitments to the sponsor share should they not materialize, 5. The city of Kent acknowledges that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by the city of Kent and IAC. & This resolution becomes part of a formal application to IAC 7 The city of Kent provided appropriate opportunity for public comment on this application at the Parks Committee meeting on March 11, 2003. Passed at a regular meeting of the city council of the city of Kent, Washington this day of May, 2003 Concurred in by the Mayor of the city of Kent,this day of May,2003. JIM WHITE, MAYOR 2 IAC Resolution — Backhaus Property Acquisition ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM. TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of May, 2003 (SEAL) BRENDA JACOBER, CITY CLERK 3 IAC Resolution— Backhaus Property Acquisition • Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: TRANSPORTATION IMPROVEMENT BOARD GRANT AGREEMENT, CONSTRUCTION PHASE OF CENTRAL AVENUE NORTH PROJECT—AUTHORIZE 2 SUMMARY STATEMENT: As recommended by the Public Works Committee, authorize the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for the funds to be used on the Central Avenue North—George Street to Smith Street Project, The Public Works Department is in receipt of a TIB Grant Agreement# 8-1-106(028)-1 for the construction phase of the Central Avenue North— George Street to Smith Street project. The Public Works Committee recommends authorizing the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for the funds to be used on the Central Avenue North—George Street to Smith Street Project. 3. EXHIBITS: TIB Grant agreement#8-1-106(028)-1 and Public Works Director memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: Revenue as provided in grant SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P E. Public Works Director Phone 253-856-5500 Fax 253-856-6500 K E N T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: Alay 5, 2003 TO: Public Works Committee FROM: Don Wickstrom, Public Work Director THROUGH: SUBJECT: Transportation Improvement Board (TIB) Grant Agreement #8-1-106(028)-4 SUMMARY: TIB has authorized the construction phase of the Central Avenue North—George St to Smith Street Project. The Public Works Committee recommends authorizing the Mayor to sign the TIB #8-1-106 (028)-1 grant agreement. BUDGET IMPACT. No Unbudgeted Fiscal/Personnel Impact MOTION Recommend authorizing the Mayor to sign the TIB grant agreement, authorize staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. BACKGROUND: The Mayor previously signed the Design Agreement for this project in February 2002 This agreement authorizes the construction phase of this project which is to widen James St at Central Ave intersection by adding a second left turn lane southbound on Central Ave. and a dedicated right turn lane westbound on James St, replace pavement and subgrade on the westerly two lanes of Central Ave. between Smith St and James St. and overlay the entire project Kent Council Public Works Committee ] TIB Grant Agreement May 5,2003 # 8-1-106(028)-1 Attachment Construction Approval Effective Date: April 28, 2003 Project Information Lead Agency: City of Kent Project Number. 8-1-106(028)-1 Project Title: Central Ave N Project Termini: George St to Smith St Reimbursement Ratio: 60.0% TIB Phase Approved TIB Funds Application/Design 192,000 Construction 732,000 Total Authorization $924,000 This confirms TIB has authorized construction approval for this project in the amount of $732,000, for a total authorization of $924,000. 04/2812003 Execi.Mt Director Date Washington State Transportation Improvement Board k( ) Fuel Tax Grant Distribution Agreement LEAD AGENCY: City of Kent PROJECT NUMBER: B-1-106(028)-1 PROJECTTITLE: Central Ave N PROJECT TERMINI: George St to Smith St 1 0 PURPOSE The Washington State Transportation Improvement Board(hereinafter referred to as "TIB") hereby grants funds for the protect specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties,TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, the provisions of chapter 47 26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements between the parties. 2 0 PARTIES TO AGREEMENT . The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments 3 0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 40 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5 0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement 6 0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. TIB Form 190.500 Page 1 of 3 Rev 214/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 7 0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other 7 3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner,TIB has the right to suspend or terminate this Agreement. TIB shall notify the grant recipient in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement. The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds. The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient. (1) was not at fault, or(2) failure to perform was outside of the grant recipient's control, fault or negligence. The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations,or for any reason. If this Agreement is so terminated,TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination,the grant recipient shall stop work and/or take such action as may be directed by TIB. TIe Form 190-5M Page 2 of 3 Rev 21114MM Washington State Transportation Improvement Board ` � Fuel Tax Grant Distribution Agreement 80 ATTACHMENTS Attachment 1 specifies the grant program applicable to this project, identifies the grant recipient, and contains the list of additional documents specific to the project which will be attached and incorporated into this Agreement, together with subsequent amendments, as the project progresses through each phase of design and construction. Approved as to Form This 14th Day of February, 2003 Christine O. Gregoire Attorney General By. Signature on file Jeanne A Cushman Assistant Attorney General Lead Agency Transportation Improvement Board Signature of Chamnan/Mayor Date Executive Director Date Print Name Print Name I TO Form 190-SDD Page 3 of 3 Rev 2/14/2003 • Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: • p.A.R.E. TRANSFER OF FUNDS —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Public Safety Committee, approve the request that funds be transferred from the DARE account to the SEO Account. Transferring the existing DARE (Drug Awareness Resistance Education) funds to our SEO (School Education Officer)program would allow the use of funds for the repair of a seized vehicle for the education program and the purchase of a trailer to transport education equipment (i.e.: Scooterville) and program materials to the various schools. The SEO program was developed two years ago to meet the needs of elementary students (K-6) in our schools. The DARE program, which is a prescribed lesson plan directed at a limited age group, has been discontinued. 3 EXHIBITS: Review by City Attorney's Office 11/26/02 4. RECOMMENDED BY: Public Safety Committee 5/19/03 (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. 6I . WORK REQUEST FOR LEGAL DEPARTMENT KE.NT Please fill in all applicable boxes Originator: `` Department: Phone: Date Sent: 1 Date Requested: 5 Explanation of work request: Received: p _ y /—• Nov 2 E Z002 City Attorney Cominerlts:' L4r6,4, 14"L g VL* <4 Romn . 1 eLc vtof sec le v o k.b•t (�kc4 te� S,vu.a.�4if S2 fht tJ. �Nt Ut a 4 0 - ' ���4 Cctw�� 1" f A T)flRF V era red tuca b � SiEO 1 UU = uro ;(d i =Ir . J.-am c.Mk�t v> dUa¢tar in hrTn4�nc4 io )� tt'^c`Id^c+' Date Forwarded to Originator: ( /� at005750 • 10/26/00 Vv Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: SAFE HOUSE MINI GRANT—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Public Safety Committee, accept the $500 mini-grant from King County Community Organizing Program and establish budget documents as required. King County Community Organizing Program has awarded a $500 mini-grant for use in Domestic Violence Safe Houses/Relocation programs. Funds from the mini-grant will be used to provide vouchers for emergency housing and food 3. EXHIBITS: King County award document 4/10/03 4. RECOMMENDED BY: Public Safety Committee 5/19/03 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: Revenue of$500 SOURCE OF FUNDS 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. W Administrative Use Only Please use this number rjyou duplicate thisjorm KING COUNTY COMMUNITY ORGANIZING PROGRAM 2001-2003 MINI-GRANT INVOICE YOUR COMMUNITY GROUP/AGENCY: ADDRESS: ;: an y'al ft'4e 5 r �j f �pt gRO)Z PROJECT: S PCE i=S PHONE: S'9 10 Federal ID # or Social Security number- 91Q /}hY If individual is receiving payment,use SSN YIfygment is goi g NAME/VENDOR CHECK SHOULD business or agency,use Fed-ID#-*_AmusiTi$v�,t)tis[opaj,yoy BE MADE OUT TO: Aent �Pbt4k-e CHECK SHOULD BE SENT TO (ADDRESS): ZZa 4�& S , . �,t f� s,/A 9f'U3 2 NAME OF EACH VENDOR& TOTAL AMOUNT OF PROJECT EXPENSES: RECEIPTS SHOULD BEATTACHED (Only show those expenses pertaining to BCCOPNW-Grant) NAME AMOUNT 3 S S PLEASE FILL IN MATCH FOL ON OTHER SIDE OF THIS SHEET We must also have a completed �vaF�no form�p �emeu` poi in order to reimburse you. `�yt' Ywt .R4�A&� C�.tt nwU o -a�-o YOUR DIRECTORICOOkDiNATok SIG ATURE DATE ._ ...LINO CQUIVTYviCI i YrORGAAIIZiNG PROGRAM O1 FI SE NI: ";'; u ¢'`+ AEU U ' ----= -a 0 \a'�`:+ ^,Y�'.'S`'J•F'G' w,B "� ,L+hi, , fNr a `Fk'L'ii ".%Vr.^ zi`�,;" "�x,�:`'�"a,<;A.rae �:.,§�,Y:y4'k��,•� ..�`� ,,E.,,, ���*�y; ys�'�' ,a',z�n 5;;�' a�'�zk'o,'<'? ' 3:�.Z3f."�"�1`.',y"`/� '.`",2��,•,, r. tn •CC)ORDINATOW-7; z DA T[�13 . Kent City Council Meeting Date May 20, 2003 Category.Consent Calendar 1 SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Public Safety Committee, accept the Washington Traffic Safety Commission grant in the amount of$5,000 and establish budget documents as required. The Washington Traffic Safety Commission (WTSC) has awarded a grant in the amount of$5,000 to fund officer overtime for the seat belt enforcement program entitled, "Click It Or Ticket." This is an enforcement activity with "zero tolerance" for seat belt violators. The program period will run from May 19th to June 19th and will include media and public education activities. 3. EXHIBITS: Notification letter from WTSC, 3/18/03; Chief Crawford's letter of request to WTSC, 4/21/03; and Memorandum of Understanding between WTSC and • Kent Police Department 4 RECOMMENDED BY: Public Safety Committee 5/19/03 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X Reimbursement and overtime for program. 6. EXPENDITURE REOUIRED: Revenue of$5,000 SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K April 21, 2003 KENT W♦SHINGTON Angie Ward Occupant Protection Program Manager POLICE Washington Traffic Safety Commission Ed Crawford P.O.. Box 90599 Chief of Police Olympia, WA 98504-0944 Phone- 253-856-5800 Re: Overtime Funding for "Click It or Ticket" Enforcement Fax- 253-856-6802 Dear Angie, 220 Fourth Ave S. Kent,WA 98032-5895 Seat belt use rates were primarily lower on state routes and county roads according to the June 2D02 WTSC statewide survey. This survey reported seat belt usage on King County roads as low as 66.1%. The 3urisdiction covered by the Kent Police Department encompasses several state routes and county roads The Kent Police Department requests overtime officer funding for the "Click It or Ticket" seat belt enforcement campaign from May 19 through June 19, 2003. We are requesting $5,000 to cover an estimated 100 overtime hours. The enforcement schedule is as follows: Week 1 5/19-25/03 23 hours 6 shifts/3 hours each 2 shifts/2.5 hours each Week 2 5/26-6/1/03 20 hours 4 shifts/3 hours each 2 shifts/4 hours each Week 3 6/2-8/03 23 hours 6 shifts/3 hours each 2 shifts/2. 5 hours each Week a 6/9-15/03 23 hours 6 shifts/3 hours each 2 shifts/2 5 hours each Week 5 6/16-19/03 11 hours 3 shifts/3 hours each 1 shift/2 hours Total = 100 hours The point of contact for Kent Police Department is Sergeant Pat Lowery for overtime enforcement coordination and grant administration. He will ensure that the required documents for request for reimbursement are submitted by July 11, 2003. Sergeant Lowery can be reached at: 220 4t' Avenue South, Kent, WA 98032, Phone 253-856-5871, Fax 253-856-6802 or email address of plower}@ci. kent.wa us. Public Information Plan* Public Information Officer Paul Petersen will coordinate media and public education activities. Officer Petersen can be reached at: 220 4" Avenue South, Kent, WA 98032, Phone 253-856-5877, Fax 253-656-6602 or email address of ppetersen@ci.kent.wa.us. S�rely, n Ed Crawford Chief of Police 41A MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION 1000 So. Cherry St., PO Box 40944,Olympia,WA 98504-0944 THIS AGREEMENT is made and entered into by and between: (insert your agency name above) Hereinafter referred to as "Contractor" and the WASHINGTON TRAFFIC SAFETY COMMISSION, hereinafter referred to as"WTSC' IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct "Zero Tolerance— Safety Belt Emphasis Patrols"during the period between May 19 and June 19, 2003. The goal of this project is to contact as many violators as possible with a "Zero Tolerance"for seat belt violations IT IS, THEREFORE,MUTUALLY AGREED THAT: 1. Contractor will provide a commissioned police officer(active or paid reserve)with appropriate equipment (vehicle, radar, etc)on an"overtime" basis (not to exceed 15 times normal salary) to enforce seat bell laws No on-duty personnel will be funded 2. The period of activity will begin on May 19 and extend through June 19, 2003 Funding is not available for activity before or after this period and funding may not exceed the amount prescribed in the attached Request for Proposal. 3. Performance standards for funded personnel are a minimum of three(3) self-initiated contacts per hour funded with a"desired outcome" of three (3) seat belt citations per hour. This is an enforcement activity with "zero tolerance"for seat belt violations It is expected Notices of Infraction (N01's)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 4. Contractor must submit for reimbursement no later than July 11, 2003. Billings will include • Invoice Voucher, A19-1A 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(overtime slips, payroll documents, etc) • Officer worksheets (showing 3 or more self-radiated contacts per hour) • Combined activity log with totals for the entire mobilization 5 Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the Washington Traffic Safety Commission, one representative from your agency and a mutually agreed upon third party.The dispute panel shall thereafter decide the dispute with the majority prevailing 6. 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 IN WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT. APPROVEDIDISAPPROVED Kent Police Department Agency Washington Traffic Safety Commission Ed Crawford, Chief olice Return to: WTSC Conti m (Pn pe Nei ) PO Box 40944 Olympia,WA 98592-0944 Signature 1 Dat (• - a REcH1�•E oV1E D MAR � 1 STATE OF WASHINGTON 2003 WASHINGTON TRAFFIC SAFETY COMMISSIORNT POLICE DE PAR>7 1000 S Cherry St., PO Box 40944 • Olyinpia, Washington 98504.0944 • (360) %5J-619i March 18,2003 TO: Washington State Law Enforcement Agencies 3-FLAGS Participants FROM: Angie Ward, Program Manager (360) 753-0877, awarder wtsc.wa.eov RE: Overtime Funding for "Click It Or Ticket"Enforcement Campaign As you will remember, last year Washington State was chosen as one of thirteen states to receive special funding for a"Click It Or Ticket"Campaign. This high-visibility seat belt enforcement campaign model has been shown to increase seat belt and child restraint use rates thereby decreasing death and serious injury on roadways across the nation This campaign and law enforcement's active enforcement played a large part in saving 31 . lives from June through December of last year. As most of you know by now, the concept is simple. It starts with a statewide public information effort to educate motorists about the upcoming seat belt enforcement wave and is followed up with an intensive period of increased enforcement through zero tolerance seat belt emphasis patrols. Again this year, the Washington Traffic Safety Commission (WTSC)will be spending a substantial amount of money on paid media spots, including television and radio public service announcements containing a clear message about the coming enforcement These spots will air in both the week before and the weeks during the mobilization As an integral part of this mobilization, the WTSC is pleased to announce the availability of grant funds for"Zero Tolerance—Seat Belt Emphasis Patrols." The enforcement activity will be begin on May 19 and extend through June 19, 2003. The goal of this federal grant is to save lives and prevent serious injuries on Washington's roadways by increasing the seat belt usage rate. Over half of all the vehicle occupants who die as a result of crashes in Washington are unbuckled. Funding for this mobilization will be awarded based on three criteria: • Low seat belt use rate areas(based on attached WTSC survey) • High crash areas (based on attached WTSC Traffic Risk Indicator chart) • Multi jurisdictional approaches It is our intent to award funding to every agency that applies. Should requests for funding exceed our ability to fund them, the above criteria will be used to prioritize the requests. A multi jurisdictional approach could be something as simple as coordinating • A schedule of planned enforcement dates during the May 19—June 19 Mobilization (dates 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. • The designation of a single"point of contact'for media and public education purposes. (May be the same as the project manager) • Information addressing the three qualifying cnteria listed above(optional,but this information might increase your chances for funding if we need to prioritize grantees) b. A signed Memorandum of Understanding (MOU- attached) 4) Funding Approval— A copy of the approved MOU will be returned to your agency prior to planned activity. S) Refmbursement/Reporting- To receive reimbursement,the following must be submitted to WTSC no later than July 11, 2003: • A Completed Invoice Voucher,A19-1A 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 each officer and a combined activity log with totals for the entire mobilization. Important]Vote. If it is not possible to bill the WTSC by July 11, 2003 you must at least send the statistics by that date. You do not need to contact our office ijyour billing will be late 6) Contact Information/Ouestions- Please contact me at (360) 753-0877 or email award rawisc wa eov if you have any questions Attachments: Memorandum of Understanding Activity Log Combined Activity Log Sample grant request letter A-19 Invoice Voucher(for use at time of billing) Belt Use By County Traffic Risk Indicators Kent City Council Meeting Date MU 20, 2003 Category Consent Calendar 1. SUBJECT: SPECIAL RESPONSE TEAM OPERATION AGREEMENT— APPROVE 2. SUMMARY STATEMENT: As recommended by the Public Safety Committee, approve of and authorize the Mayor to execute the Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle for creation of the Valley Special Response Team. The Valley Special Response Team ("SRT") is a team, much like a SWAT team, created to respond to high risk situations. Each participating jurisdiction provides a number of officers to the SRT. The SRT trams together, and is managed by a board comprised of the Chiefs of each participating jurisdiction. 3. EXHIBITS: Interlocal Cooperative agreement and memo from Deputy City Attorney Fitzpatrick, 3/28/03 4. RECOMMENDED BY: Public Safety Committee 5/19/03 (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: ACTION: Council Agenda Item No. 6L Kent City Council Meeting Thompson, Jolene From: Fitzpatrick, Pat Sent: Friday, March 28, 2003 10 22 AM To: 'kirk v@portseattle org'; jkelly@ci auburn wa us', 'dheid@ci auburn wa us', 'Patricia Richardson@ci federal-way wa us', 'BOB@kdmlawfirm com', 'zlfontes@zlfontes seanet com' Cc: Crawford, Ed;Thompson,Jolene Subject: Final SRT Interlocal I have received approval of the interlocal from all of the attorneys representing SRT jurisdictions. The final version is attached. I believe It he chiefs would like to get this formally adopted as soon as possible. Please do what you need to do in your jurisdiction to have your legislative body approve the agreement. Kent will be bringing the interlocal to our Public Safety Committee and City Council in April, and should have the interlocal formally adopted by the third week in April. We will forward to you a copy executed by the city when that occurs. The final version is attached below. Thanks 111 SWAT-Interlocal kgrReviseffinal... 1 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL RESPONSE TEAM I. PARTIES The parties to this Agreement are the Port of Seattle and the municipalities of Aubum, Federal Way, Kent, Renton, and Tukwila, each of which Is a municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10 93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties hereto desire to establish and maintain a multi-junsdlctlonal team to effectively respond to serious criminal occurrences as described below. IV. FORMATION • There is hereby created a multi-jurisdictional team to be hereafter known as the "Valley Special Response Team" ("SRT"), the members of which shall be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and/or personnel, at the discretion of the SRT Incident Commander and/or the SRT Tactical Commander. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to increased gang activity, increased drug abuse, increased urbanization, and increased population densities. The ability to safely control, contain, and resolve criminal conduct such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic/high risk search warrants has strained resources of the members' individual police department specialty teams. Law enforcement efforts directed at dealing with these violent confrontations have, for the most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific serious criminal confrontations, as well as weapons of mass destruction, will result in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved VALLEY SPECIAL RESPONSE TEAM 1 OPERATIONAL AGREEMENT training, development of specialized expertise, and increased utilization/application of a combined special response team. The results of a multi-jurisdictional effort will be Improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and Improved cost effectiveness. VI. TEAM OBJECTIVES The individual specialty units from each participating jurisdiction will be consolidated and combined to form the SRT. The SRT shall service each participating jurisdiction. The SRT shall also be available to outside law enforcement agencies as provided by chapter 10 93 RCW The objective of the SRT shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The SRT shall respond as requested by any of the participating jurisdictions and provide a coordinated response to high-nsk Incidents. VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon Its adoption. This Agreement shall automatically be extended for consecutive one (1) year terms, unless terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw Its participation in the SRT by providing written notice of Its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The SRT may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. Vlll. GOVERNANCE The affairs of the team shall be governed by an Executive Board ("Board"), whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may decide. There shall be a minimum of four (4) Board meetings each year. One meeting shall be held in March of each year to review the prior year's service. Another meeting shall be held in August of each year to review and present a budget to the participating jurisdictions. At least two (2) other meetings shall be held each year to review the SRT's activities and policies. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The presiding officer shall provide no less than forty-eight (48) hours notice of all meetings to all members of the Board; PROVIDED, VALLEY SPECIAL RESPONSE TEAM 2 OPERATIONAL AGREEMENT however, that in emergency situations, the presiding officer may conduct a telephonic meeting or poll of Board members to resolve any issues related to such emergency. The Board shall develop SRT written policies, regulations, and operational procedures within ninety (90) calendar days of the execution of this Agreement. The SRT written policies, regulations, and operational procedures shall apply to all SRT operations. Thus, to the extent that the written policies, regulations, and operational procedures of the SRT conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the SRT written policies, regulations, and procedures shall prevail. IX. STAFF A Tactical Commander, which shall be a command level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the SRT. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall be responsible for Informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the SRT responds to, problems of the SRT, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. The Tactical Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the SRT. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute seven (7) full-time commissioned officers, which shall include at least one (1) Sergeant or other first level supervisor, to be assigned to the SRT. The personnel assigned to the SRT shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensation and benefits for the personnel it contributes to the SRT. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. The Board may appoint the finance department of a participating jurisdiction to manage the finances of the SRT. Before appointing the finance department of a particular jurisdiction to manage the finances of the SRT, the Board shall consult with the finance department of the junsdictlon and obtain its approval. The duty of managing the finances of the SRT shall be rotated to other participating jurisdictions at the discretion of the Board. The Board may, at Its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the SRT. The legal advisor(s) shall be the legal representative(s) for one or more of the jurisdictions participating in the SRT. The legal VALLEY SPECIAL RESPONSE TEAM 3 OPERATIONAL AGREEMENT advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rendering legal advice. X. COMMAND AND CONTROL During field activation of the SRT, an Incident Commander, SRT Tactical Commander, and SRT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the SRT Tactical Commander, and the SRT Team Leader(s) shall be set forth in the standard operating procedures approved by the Board. The standard operating procedures approved by the board may designate other personnel to be utilized during an Incident. XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating SRT members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by Its participating SRT members. Each participating jurisdiction shall provide sufficient funds to provide for training of Its participating SRT members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating In the SRT shall be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating SRT members. The Board must approve any joint capital expenditure for SRT equipment. XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating SRT members. Any assets acquired with joint funds of the SRT shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the SRT shall be determined by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below) Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any SRT property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the SRT at the time of dissolution In proportion to the jurisdiction's percentage participation in the SRT as of the date of dissolution. In the event that one (1)or more jurisdictions terminate their participation in the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the SRT or to share in the proceeds at the time of dissolution. VALLEY SPECIAL RESPONSE TEAM 4 OPERATIONAL AGREEMENT Arbitration pursuant to this section shall occur as follows: A. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the SRT upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. B. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. Xlli. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the SRT without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with SRT actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved In SRT Response. In the event that a jurisdiction or its personnel were not involved in the SRT response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or payment of any judgment against any SRT personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the VALLEY SPECIAL RESPONSE TEAM 5 OPERATIONAL AGREEMENT sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys fees accrued by Its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making SRT members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay Its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event- a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the Intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no Individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an Individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense ansing out of RCW Title 51. G. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. VALLEY SPECIAL RESPONSE TEAM 6 OPERATIONAL AGREEMENT XIV. NOTICE OF CLAIMS LA WSUITS,SUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of SRT operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been Initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a SRT action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. in the event a participating jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV. COMPLIANCE WITH THE LAW The SRT and all its members shall comply with all federal, state, and local laws that apply to the SRT. XVI. ALTERATIONS 0 This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with paragraph XX of this Agreement. XVII. RECORDS Each jurisdiction shall maintain training records related to the SRT for a minimum of seven (7) years. A copy of these records will be forwarded and maintained with the designated SRT Training Coordinator. All records shall be available for full inspection and copying by each participating jurisdiction. XVIII. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, the Director of Records and Elections of King County, the secretary of state, and such other governmental agencies as may be required by law. XIX. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. VALLEY SPECIAL RESPONSE TEAM 7 OPERATIONAL AGREEMENT XX. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date VALLEY SPECIAL RESPONSE TEAM g OPERATIONAL AGREEMENT Kent City Council Meeting Date Mav 20, 2003 Category Consent Calendar 1. SUBJECT: CULTURAL DEVELOPMENT AUTHORITY GRANT OF KING COUNTY—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks Committee, accept the $1,000.00 award from the Cultural Development Authority of King County and amend the Kent Arts Commission Budget. The Cultural Development Authority of King County awarded the City of Kent Arts Commission $1,000 00 through the 2002 Special Projects program. The award will partially fund one performance of"The Alice in Wonderland Follies"by New York Theater Ballet on May 17, 2003 and one community class taught by a professional dancer on May 16. New York Theater Ballet comes to Kent as part of the Arts Commission's Spotlight Series of performing arts events. 3. EXHIBITS: Letter of Agreement 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: Revenue of$1,000.00 SOURCE OF FUNDS: Cultural Development Authority of King County 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M �' u For OCR Use Only __ D � Amount Paid d Balance cultura a, hallage histaitpresmon pubixan -- deve opment authority of king county LOA 2168 ' DM Prograr-- m Name H/M—Arts Special Projects Program/GL Code 1777 12500 LETTER OFAGREEMEAT Contractor. Kent Arts Commission Address: 220 Fourth Avenue South Kent WA 98032 253 856.5050 Oty/Sraie?rp phone Sent Arts Commission agrees to provide the following services(include date and time of service provision): See Attached Scope of Services Cultural Development Authority of King County agrees to pay$1,000 00 to the gent Arts Commission for the . services described above. Payment will be made upon receipt of the attached invoice(s)and the requved documents as specified in the scope of service. Under King County law, all recipients of King County funds must comply with Section 504 of the Rehabilitation Act of 1973 (as amended) and the Americans with Disabilities Act (ADA) of 1990 concerning access, King County prohibits discrimination on the basis of disability in places of public accommodation. King County is an equal opportunity employer and encourages those receiving Kmg County funds to contract affirmatively,using minority and women-owned business enterprise whenever possible. King County encourages the use of recycled paper products for all County-supported projects and programs. King Coiinty-supported projects and programs must provide significant benefit to the general public. Cultural veloprr)Egt1'�;rmg County: Contractor: Sr Fx v uecto Si atu _ 03 Date I Name(Please type or print) �wo�o2 Title(Please a or print) -3 " D3 Date Federal Taxpayer ID# -12- LOA DOC EXHIBIT A SCOPE OF SERVICE Kent Arts Commission and the Cultural Development Authority of King County mutually agree that the following services be provided in accordance with the application submitted to and approved by the King County Arts Commission. Amount: $1,000.00 Partial support for: To bring to our suburban community one performance and one master class with a professional ballet company Phase I: $800.00 For planning/development costs and fees.Payable upon submission of proof of liability insurance,submission of-X invoice,and • Project schedule and/or • Performancelexhibition plan. Phase H: $200.00 For remaining fees and project costs. Payable upon completion of project,submission of invoice,and • Revised project budget,_ • Organization Evaluation form,and . • Promotional materials. PUBLIC BENEFIT Free and discounted tickets will be made available throuzh 20 service organizations and the Kent School District. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of the Cultural Development Authority of King County and Hotel/Motel Tax Revenues is required of all recipients for use in all publicity and promotional materials,including,but not limited to brochures,press releases,programs,posters,public service announcements,flyers and advertisements. The following language is recommended: cultura development authority King County Hotel/Motel Tax Fund Final payment will not be made until acknowledgment is submitted on printed material -13- Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: - REGIONAL AFFORDABLE HOUSING PROGRAM INTERLOCAL COOPERATION AGREEMENT—AUTHORIZE 2 SUMMARY STATEMENT: As recommended by the Parks Committee, approve of and authorize the Mayor to sign the Regional Affordable Housing Program Interlocal Cooperation Agreement between King County and local cities. The provisions of House Bill 2060 became law in Washington State on June 13, 2002. The law created a document recording fee on certain documents to be utilized for low- income housing projects that are affordable to households with incomes at or below 50% of area median income (AMI). Administration of the fund is shared between local governments and the State. The local portion of SHB 2060 funds is to be administered pursuant to a cooperative agreement between the County and the local city representa- tives within the County. City representatives include: Bunen, Tukwila, Kent, Federal Way, Bellevue, Redmond, Kirkland, Issaquah, Shoreline, Covington, SeaTac, Auburn, Seattle, and Bellevue 3. EXHIBITS: Staff memo, SHB 2060 Low Income Funding guidelines and proposed interlocal cooperation agreement 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No. 6N Parks, Recreation and Community Services John Hodgson,Director Phone.253-856-5110 NT Fax: 253 856-6050 KE .......10• Address.220 Fourth Avenue S. Kent,WA 98032-5895 Memorandum I DATE: January 14, 2003 TO: Kent City Council - Parks Committee FROM: Katherin Johnson, Housing and Human Services Manager THROUGH: John Hodgson, Director Parks, Recreation & Community Services RE: SHB 2060 -Background/Introductory Information s INTRODUCTION Substitute House Bill 2060 (SHB 2060), which was passed by the 2002 Washington State Legislature, levies a surcharge on document recordings. Funds generated from the recording fee will be used to fund low-income housing projects that are affordable to households with incomes at or below 50% of area median income (AMI). The portion of the funds that are retained by the county must be allocated in accordance with an interlocal agreement between the county and the cities. The Interlocal will soon be presented to the King County Council for adoption and will be presented to the Kent City Council for consideration shortly thereafter. PLANNING PROCESS BETWEEN COUNTY AND CITIES King County Executive, Ron Sims, invited City representatives and community stakeholders to participate in the planning process to develop guidelines for the allocation of 2060 funds.' County staff convened three meetings to produce the guidelines; Kent Housing and Human Services staff participated in all three ' City representatives included.Burien,Tukwila, Kent, Federal Way,Bellevue, Redmond, Kirkland, Issaquah, Shoreline, Covington, Seatac,Auburn,Seattle,and Bellevue. In addition,a host of housing organizations participated in the planning process. -15- meetings. After the guidelines were produced, county staff circulated a draft of the guidelines and the Interlocal Cooperation Agreement to the planning group for review and comment. OVERVIEW OF 2060 GUIDELINES Who Will Administer 2060 Funds? King County Housing and Community Development Program (HCD) will serve as regional administrator of the 2060 program and will process fund applications from agencies and developers. Guidelines will be effective from 2003 to 2006; however, the planning group will reconvene to evaluate the program before the guidelines expire. The planning group will have an opportunity to re-negotiate the guidelines at that time. Who Will Make Funding Decisions? The King County Consortium's interjurisdictional Joint Recommendations Committee (JRC)will adopt program policies and make annual funding decisions in accordance with guidelines adopted by the King County Council, Consolidated Plans of the King County Consortium, and the City of Seattle. (Seattle guidelines will only apply to projects located within the City of Seattle. A Seattle representative will be included on the JRC when the agenda comprises 2060 funding decisions. In addition, the HOME Working Group, which comprises County, Cities and A Regional Coalition for Housing (ARCH), will expand to include a City of Seattle representative. The HOME Working Group makes program and policy recommendations to the JRC.)Z Subregiona/ Goals The planning group recommended that 2060 funds be spent based upon a subregional formula that combines 50% existing need and 50% future need. "The figure for existing need is based on low-income households paying more than 30% of their income for housing. The figure for future need is based on the growth targets established through the regional Growth Management Planning Council ("GMPC")." Under this formula, the South King County subregion will receive 29.44% of funds (approximately $647,680, however this amount will change because the formula for existing need contains a proxy figure that will be replaced by current census data). Eligibility and Funding Priorities • Permanent housing • Transitional housing P Although Seattle representatives participated in the planning process,the Seattle City Council 0 may object to regional administration of the funds and request a direct allocation of its portion. -16- Emergency shelters for youth and adults Eligible Populations: • Housing projects/units must serve households at or below 50% AMI • Families • Homeless individuals and families • Special needs populations • Disabled persons Who is Eligible to Apply? • Non-profit organizations • Public Housing Authorities • Local Governments • For-profit entities (projects built with Housing Trust Funds) Funding Priorities: • Priority 1: Acquisition, rehabilitation and/or new construction • Priority 2: Building operations and maintenance (O & M)3 costs for transitional housing built with Housing Trust Funds that require supplemental funds to cover ongoing operating expenses • Priority 3: Operating costs for emergency shelters and licensed overnight youth shelters • Priority 4: Rental assistance vouchers that are administered in accordance with the Section 8 voucher program Exhibit: HB 2060 Low-Income Housing Fund Guidelines (Draft) 3 O & M costs for transitional housing and emergency shelters will be maintained at 16%of the local portion of 2060 funds ($2 2 million)and will support projects that are not funded by the State 0& M fund. -17- Proposed REGIONAL AFFORDABLE HOUSING PROGRAM INTERLOCAL COOPERATION AGREEMENT An Agreement for the use of SHB 2060 Local Low-Income Housing Funds in King County THIS AGREEMENT is entered into between King County, a municipal corporation and political subdivision of the State of Washington,hereinafter referred to as the"County", and the City of hereinafter referred to as the"City", said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS,the King County Countywide Planning Policies,hereinafter referred to as the "CPPs", developed pursuant to the Washington State Growth Management Act, have established standards for cities to plan for their share of regional growth and affordable housing; and WHEREAS,to implement the CPPs,the King County Growth Management Planning Council appointed a public-private Housing Finance Task Force in 1994,hereinafter referred to as the"HFTF", to recommend potential fund sources for affordable housing for existing low-income residents and for meeting the affordable housing targets for future growth; and WHEREAS the HFTF recommended a document recording fee as a source of regional dollars for low-income housing development and support, and recommended that representatives of the County, Cities and the housing community work together to make decisions about the use and administration of such a fund; and WHEREAS in March 2002, Substitute House Bill 2060,hereinafter referred to as SHB 2060, was passed by the Washington State Legislature and was signed into law by the Governor as Chapter 294, 2002 Washington Laws in April 2002, and was effective on June 13, 2002. SHB 2060 provides, in large part,that A surcharge of ten dollars per instrument shall be charged by the county auditor for each real property document recorded, which will be in addition to any other charge authorized by law; After retention of up to five percent(51/o)for collection administration, forty percent (40%) of the revenue will be transmitted monthly to the state treasurer,and sixty percent(60%) of the revenue will be retained by the county and deposited into a fund that must be used by the county and its cities and towns for housing projects or units within housing projects that are affordable to very low-income households at or below fifty percent(50%) of the area median income. The local portion of the funds must be allocated pursuant to an interlocal agreement between the county and the cities within the county that is consistent with countywide and local housing needs and policies,and pursuant to the eligible activities listed in the SHB 2060 10 legislation; and -ie- WHEREAS,the existing Interlocal Cooperation Agreement between King County and cities in the King County Community Development Block Grant Consortium,hereinafter referred to as the "CDBG Agreement", and/or the existing Interlocal Cooperation Agreement between King County and cities in the King County HOME Investment Partnerships Program Consortium,hereinafter referred to as the"HOME Agreement", is not modified by this SHB 2060 Low-Income Housing Fund Interlocal Agreement; and WHEREAS,the City and King County agree that affordable housing is a regional issue,that cooperation between the Cities and the County is beneficial to the region, and that a regional approach to utilizing the SHB 2060 funds will allow those funds to be utilized in the most productive manner; and WHEREAS,it is mutually beneficial and desirable to enter into a cooperative agreement in order to administer the SHB 2060 revenue as a regional fund, as authorized by the Intergovernmental Cooperation Act, RCW 39.34, and, as required by SHB 2060; NOW,THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN,THE PARTIES AGREE AS FOLLOWS: I. Definitions and Interpretation. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. "Joint Recommendations Committee"or"JRC"means the inter junsdictional body developed pursuant to the CDBG Agreement and the HOME Agreement. The JRC is currently composed of five (5) Cities' representatives and four(4) King County representatives. The King County Executive appoints the four County representative seats. The King County Consortium's HOME-only cities rotate one of the City representative seats, and the Suburban Cities Association selects the four remaining City representative seats. A small city representative is a priority for one of the four remaining City seats. JRC members are appointed for a term two years,with the exception of the alternating HOME-only cities' seat,which revolves every year. "HOME Working Group"means the staff work group consisting of staff representatives from participating Cities and from the County that work together to recommend annual capital fund allocations for housing projects and related policies to the inter junsdictional Joint Recommendations Committee. "2060 Planning Group"means the planning group consisting of staff representatives from the Cities, from the County, and from the housing community that worked together between August 2002 and October 2002 to develop guidelines for the local portion of the SHB 2060 funds,pursuant to the recommendations of the HFTF. II. General Agreement The purpose of this agreement is to establish inter jurisdictional cooperation in allocating the funds generated by SHB 2060 in King County. The local portion of SHB 2060 revenue shall be administered -19- as a regional fund,with established sub-regional performance target requirements, in a manner that is consistent with countywide and local housing needs and policies. The low-income housing program created by the local portion of the SHB 2060 revenue shall be named the"Regional Affordable Housing Program",hereinafter referred to as the"RAHP". 10 The City and the County agree to cooperate in undertaking RAHP activities. M. General Administration,Distribution and Use of the RAHP. A. Expansion and role of the JRC. The JRC shall be the body that reviews and adopts annual RAHP fund allocations and related allocation polices, consistent with the King County Council-adopted RAHP Guidelines,the Consolidated Housing and Community Development Plans of the King County Consortium and the City of Seattle,and other local housing plans, as applicable. The membership of the JRC, as authorized by the CDBG and HOME Agreements, and as defined herein, shall be expanded to include an appointment from the City of Seattle. The Seattle JRC representative will attend meetings that concern the SHB 2060 fund and will be entitled to vote solely on SHB 2060 issues and not on other King County Consortium matters coming before the JRC. The Seattle representative shall be an elected official,department director or comparable level staff. B. Incorporation by reference of certain amendments to the King County Consortium's CDBG and HOME Agreements. CDBG and HOME Agreement Cities and the County agree to convene a working group in 2003 to recommend changes and/or expansion of the representation of cities on the JRC in the CDBG and HOME Agreements. The working group shall make their recommendations in time for the CDBG and HOME Agreement cities to reach agreement on the changes and/or expansion of city representation by December 31, 2003. Amendments made to the CDBG and HOME Agreements concerning the representation of cities on the JRC, shall be incorporated by reference into this RAHP Agreement. Amendments to the CDBG and HOME agreement cities' representation on the JRC shall not alter the City of Seattle's seat on the JRC for RAHP purposes. C Expansion of the HOME Working Group. The HOME Working Group, as defined herein, shall be expanded to include an appointment from the City of Seattle's Office of Housing, and shall be re-named the"RAHP/HOME Working Group". Seattle staff will be entitled to participate solely in making SHB 2060 program recommendations and not in other King County Consortium matters coming before the RAHP/HOME Working Group. Each city that participates in the RAHP is entitled to have a staff person on the RAHP/HOME Working Group. D. Role of the RAHP/HOME Working Group. The RAHP/HOME Working Group shall make annual RAHP fund allocation and related allocation policy recommendations to the JRC. The RAHP/HOME Working Group recommendations shall be consistent with the King County Council-adopted RAH? Guidelines, the Consolidated Housing and Community Development Plans of the King County Consortium and the City of Seattle,and other local housing plans, as applicable. . -20- Pursuant to the RAHP Guidelines, the RAHP/HOME Working Group shall examine the percentages of RAHP funds distributed to the subregions of the County following the 2004 . and 2005 funding rounds, and shall recommend actions to achieve geographic equity by the time the RAHP Agreement expires in 2006. City and County staff will work together to take actions to achieve geographic equity in the distribution of RAHP funds. E. Administration of RAHP Programs The King County Housing and Community Development("HCD')Program staff shall distribute RAHP funds pursuant to the allocations adopted annually by the JRC, and shall administer the program pursuant to the RAHP Agreement and the King County Council-adopted RAH? Guidelines,attached hereto as Exhibit#1. King County HCD staff shall provide the RAHP/HOME Working Group, the JRC, and participating jurisdictions with an annual report that provides information about the capital housing projects that were awarded RAHP funds in that year; in addition to the status of capital housing projects that were awarded RAHP funds in a prior year(s). Ding County HCD staff shall invite the staff of participating cities to be involved in a focus group to further develop the RAHP Operations and Maintenance("O&M)Fund,and to be on the review panel that will recommend O&M funding awards to the JRC. F. Administrative Costs.King County agrees to pay the costs of administering the Regional Affordable Housing Program. No portion of the sixty percent(6011o)of the SHB 2060 revenue retained by King County in a fund for the RAHP shall be utilized for administration. G. Interest on the RAHP Fund. Interest accrued on the sixty percent(60%) of the SHB 2060 revenue retained by King County in a fund for the RAHP shall remain with the RAHP fund and will be distributed to projects according to this RAHP Agreement and the RAHP Guidelines. H. Sub-Regional Geographic Equity. The parties intend that the RAHP funds shall be awarded to projects throughout King County in a fair and equitable manner over the duration of this agreement. Equity is to be achieved through sub-regional allocation targets,as follows: A fixed percentage of RAHP local funds will be allocated to sub-regions of the County by the end of this 4-year Agreement,as specified by a formula contained in the RAHP Guidelines, attached hereto as Exhibit#1. I. General Use of Funds. The local portion of the SHB 2060 revenue shall be utilized to meet regional housing priorities for households at or below 50% of area median income, as established in the RAHP Guidelines,attached hereto as Exhibit#1. 7. Compliance with Fair Housing Laws. Parties to this agreement must take actions necessary to ensure compliance with the Federal Fair Housing Act, as amended, the Americans with Disabilities Act of 1990, and other applicable state and local fair housing laws. -21- IV. Agreement Duration This Agreement shall remain in full force and effect through December 31, 2006,when this agreement will expire. The 2060 Planning Group will re-convene in the spring of 2006 to evaluate theRAHP and to discuss and recommend whether the RAHP Guidelines and the RAH?hrteriocal Agreement should be re-negotiated or renewed in their current formats. V. General Matters and Recording A. No separate legal or administrative entity is created by this Agreement. Neither the JRC,the RAHP/HOME Working Group,nor the 2060 Plamung Group are anticipated to acquire or to hold any real or personal property pursuant to this Agreement Any personal property utilized in the normal course of the work of such bodies shall remain the property of the person or city initially offering such personal property for the use of any such body. B. Pursuant to RCW 39.34.040,this Agreement shall be filed with the King County Auditor. CITY OF KING COUNTY, WASHINGTON Signature of Chief Executive Officer Ron Sims, County Executive Name and Title(printed) Date: Date: Approved as to Form: Signature of City Attorney Signature of County Prosecuting Attorney Date: Date: -22- PROPOSED Regional Affordable Housing Program Guidelines Guidelines for the Administration and Allocation of SHB 2060 Local Low-Income Housing Funds In King County A. Introduction The provisions of Substitute House Bill 2060 became law in Washington State on June 13,2002. SHB 2060 created a document recording fee on certain documents to be utilized for low-income housing. Administration of the fund is shared between local governments and the State. The local portion of 2060 funds is to be administered pursuant to a cooperative agreement between the County and the Cities and Towns within the County. The work of the Housing Finance Task Force("HFTF'),appointed by the King County Growth Management Planning Council in 1994,led to the passage of SHB 2060. In recognition of the work and recommendations of the HFTF, a SHB 2060 Planning Group was invited to come together to produce guidelines for the King County SHB 2060 funds. The King County SHB 2060 Planning Group' is made up of City representatives, County representatives and representatives from various housing organizations in King County. The King County SHB 2060 Planning Group strongly favored a regional low-income housing fund source administered by one entity. The planning group worked very hard on many issues in order to achieve a regional fund, and the Regional Affordable Housing Program,hereinafter"RAFT",is the result of that work. B. Duration of the Guidelines The RAMP guidelines shall be in effect from the date of adoption by the King County Council,through December 31, 2006. In the spring of 2006 the King County 2060 planning group shall be reconvened to evaluate the RAFT,and to make recommendations as to whether the RAHP guidelines should be amended or should remain in the current format C. Decision-Making Structure and Regional Allocation Method 1. Approving Body The interjurisdtctional Joint Recommendations Committee("JRC'), as defined in the RAHP Interlocal Cooperation Agreement, hereinafter"RAHP Agreement", shall be the body that reviews City representatives included staff from the cities of: Bunen,Tukwila,Kent,Federal Way,Redmond,Kirkland,Issaquah, Shoreline,Covington,Seatac,Aubum,Seattle,Bellevue and ARCH Housing organization representatives included staff from the following: Seattle-King County Housing Development Consortmm, Impact Capital,South King County Multi-Service Center,Hopelink,Fremont Public Association,Seattle Habitat for Humanity, South King County Habitat for Humanity,Friends of Youth,The Salvation Army,Community Psychiatric Clinic,Lifelong Ands Alliance, St.Andrews Housing Group,Housing Resource Group,EDVP,YWCA,Mental Health Housing Foundation,Rental Housing Association,Highhne-West Mental Health,Valley Cities Counseling,Seattle Emergency Housing Service,Common Ground, Vietnam Veterans Leadership Program -23- and adopts RAHP funding allocations and related allocation policies. The JRC will be expanded, pursuant to the RAHP Agreement,to include representation from the City of Seattle on RAHP matters. Allocations and related policies adopted by the JRC must be consistent with these RAHP Guidelines, the Consolidated Plans of the King County Consortium and the City of Seattle, and other local housing plans, as applicable. 2. Annual Fund Allocation Recommendations The existing HOME Working Group, as defined in the RAHP Agreement, shall be renamed the RAHP/HOME Working Group and shall be expanded to include a staff representative from the City of Seattle. Any city participating in the RAHP may have a staff representative on the RAHP/HOME Working Group for the purpose of determining RAHP fund recommendations. City of Seattle staff and the staff of any city that does not currently participate in the CDBG or HOME Consortiums will participate solely in making RAHP recommendations. The RAHP/HOME Working Group will work together to make RAHP fund allocation recommendations and related allocation policy recommendations to the JRC: • King County HCD staff will review all RAHP applications and make preliminary funding recommendations on them. • Cities staff will review applications for projects in their jurisdiction and make preliminary recommendations on those applications. • Cities staff will receive information on all RAHP applications to review prior to the meeting of the RAHP/HOMM Working Group at which final funding recommendations are formulated for transmittal to the JRC. • RAHP/HOME Working Group participants will meet together to make annual RAHP funding recommendations to the JRC, and at other times during the year,as necessary,to discuss RAH? issues and make recommendations to the JRC. 3. Subregional Allocation Targets The RAHP Fund will be a flexible fund that can address regional and Subregional housing needs. The fund will use subregional allocation targets as a means to achieve geographic equity in the distribution of SHB 2060 funds by December 31, 2006,the date that these guidelines and the RAHP Agreements expire. a. Subregional Areas: 1) City of Seattle Subregion 2) North/East Subregion—north and east urban and rural areas,including 47%of unincorporated King County 3) South Subregion—south urban and rural areas, including 53%of unincorporated King County b. Formula for Subregional Allocation Targets Each subregion will have a targeted percentage of the RAHP funds allocated to projects within the subregion over the 4-year period of the RAH? Guidelines and the RAHP Agreement. Each subregion will receive allocations to projects within the subregion that are equal to or greater than 95%, of the subregion's allocation target by December 31,2006. -24- The formula for allocating RAHP funds to the subregions is as follows: • One half of the RAHP funds shall be targeted for allocation amongst the three subregions based on each subregion's relative share of total existing need for affordable housing. Existing need shall be determined by the percentage of low-income households paying more than 30%of their income for housing in the subregion, according to the 2000 U.S. Census data2. • One half of the RAH? funds shall be targeted for allocation amongst the three subregions based on the subregion's growth targets for future need, as established through the Growth Management Planning Council. Future need shall be determined by the subregion's relative share of total future need for affordable housing in the County. A subregion's relative share of future need is the percentage of the subregion's affordable housing target for low-income households relative to the cumulative affordable housing target for low-income households of all jurisdictions in the County, including unincorporated King County . When the U.S. Census data has been broken down in the form needed to determine the subregional target percentages,those figures will be published in the RAH? Guidelines as Appendices to the Consolidated Housing and Community Development Plans of the King County Consortium and the City of Seattle prior to the first RAHP funding round in the fall of 2003. C. RAHP/HOME Working Group to Monitor Subregional Allocation Targets The RAHP/HOME Working Group will monitor the subregional distribution of RAHP funds every allocation cycle. Following the 2004 and 2005 RAHP allocation cycles the working group will determine if any subregion(s)has received allocations below 95%of the subregion's allocation target. If any subregions have received allocations under 95%of their target allocation after the fast two funding cycles,the working group will adjust the allocation targets of such subregion(s)in the third and/or fourth funding cycles, as needed. In addition,the Working Group will propose strategies and actions, for review by the JRC, that are designed to increase the percentage of RAH? funds spent in those subregion(s). Staff of the jurisdictions that are parties to the RAHP Agreement will work to implement actions that will aid in achieving geographic equity in RAH? allocations by December 31,2006. D. Use of the RAHP Funds 1. RAHP Priorities King County Demographers are working to break down the 2000 U S Census Data in the form that is needed to develop the subregional allocation target percentages. 3 The percentage of a subregion's affordable housing target relative to the cumulative target is derived by avenging the target Percentages of the jurisdictions within that subregion. For each jurisdiction, the target percentage is calculated in the following manner. the number of low-income households that a jurisdiction must plan for per the 2002-2012 Countywide Planning Policy (CPP) Growth Target is multiplied by 24 or.20(depending on the ratio of low wage jobs to low cost housing for the jurisdiction in Appendix 3 of the CPPs);that number is then divided by the cummulative affordable housing target for low-income households of all King County jurisdictions,including unincorporated King County -25- • Top Priority: Capital funds for the acquisition,rehabilitation and/or new construction°of eligible housing projects or units within housing projects. • Second Priority: Building operations and maintenance funds for transitional housing projects or transitional units within housing projects that were built with Housing Trust Fund dollars, and that require a supplement to the rental income in order to cover ongoing operating expenses. • Third Priority: Operating funds for emergency shelters and licensed overnight youth shelters. • Last priority: Rental assistance vouchers to be administered by a local housing authority in conformity with the Section 8 program. 2. RAHP Eligibility Eligible Housing Types • Capital Funds: permanent rental or ownership housing projects or units within housing projects, transitional housing projects or transitional units within housing projects, emergency shelters and licensed overnight youth shelters or shelter space within a housing project. • Operating and Maintenance Funds: transitional housing projects, emergency shelters and licensed overnight youth shelters. Eligible le Populations Served • All projects or units funded with RAHP funds must serve households at or below 501/o of area median income • Families 0 • Homeless families and individuals,including youth • Special needs populations,including seniors • Disabled households or households with a disabled member Eligible Applicants • Nonprofit organizations • Public Housing Authorities • Local governments • For-profit entities are only eligible for capital funds in the top priority. This is due to the language of the SHB 2060 legislation,which restricts operations and maintenance funds to projects"built with Housing Trust Funds". For-profit entities are not eligible for WA State Housing Trust Funds. Eligible use of RAHP Funds Capital funds: • Acquisition of land for a housing project or units in a project that will serve eligible population(s). • New construction of a housing project or units in a project that will serve eligible population(s). • Acquisition of a housing project or units in a project that will serve eligible population(s). • Rehabilitation of a housing project or units in a project that will serve eligible population(s). • Capitalization of a maintenance replacement reserve in connection with a capital investment— applicants may be new housing projects serving eligible populations, as well as existing'housing projects serving eligible populations. New construction is not eligible if the low-mcorne housing vacancy rate(to be established by the State)exceeds to'/*. -26- Operations and Maintenance(O&M) Funds: • Ongoing building operations and maintenance expenses that cannot be covered by the rental income of the housing project;building 0&M expenses must be directly related to numing the building(s)and cannot include services (see section E.1. below for more information about the O&M fund program). E. RAHP Administration The RAHP funds shall be administered as a regional fund by the King County Housing and Community Development Program ("HCD") 1. RAHP Capital Funds RAHP capital funds will be administered by the King County HCD Program's Housing Finance Program("HFP"),in conjunction with other fund sources administered by HF?. The HFP will staff the RAHP/HOME Working Group to jointly develop RAH?funding allocation and related policy recommendations-Pr JRC review and adoption. The HFP will distribute RAHP funds pursuant to the allocations adopted by the JRC, and will generate an annual RAHP report that provides information about the projects that received fuhding in the current year, as well as the status of projects awarded RAHP funds in prior year(s). 2. RAHP Operations and Maintenance Fund The local RAHP O&M fund will be administered through the King County HCD Program's Homeless Housing Programs("HHP") Section. The local portion of SHB 2060 funds to be used as O&M for transitional housing projects and emergency shelters will be 16%of the anticipated average amount of local SHB 2060 dollars($2.2 million)6. In order to hold the RAHP O&M fund steady so that multi-year commitments can be awarded to eligible projects, the O&M portion of the fund will be held at $352,000 per year(16%of the total$2.2 million average) for the 4-year duration of the RAHP Guidelines. As the total local portion of SHB 2060 funds collected fluctuates from year to year,the O&M portion will remain at $352,000 and the remainder of the local portion will be available for the other priorities. The priority for RAHP O&M funds will be existing projects that the Washington State 0&M fund is unlikely to support. The priorities for the State O&M fund are new housing projects that are simultaneously applying for WA State Housing Trust Fund capital funds and shelters receiving Emergency Shelter Assistance Program("ESAP')funds. Therefore, the local RAHP O&M fund will prioritize existing transitional housing projects and shelters that do not receive ESAP funds. 5 Existing projects are housing projects or units in projects that already served eligible populabon(s)and already existed as of the date of application for funds. 6 The percentage of local SHB 2060 funds set aside for O&M was detemiined by the 2060 Planning Group,which worked together to balance O&M needs and other priority needs in the County Given the fact that 40%of the locally collected furs are sent to the State of Washington solely for O&M use,and the fact that King County projects can apply for the State O&M funds,the 2060 Planning Group felt that local O&M needs and other priority needs are adequately balanced at this percentage -27- Following the adoption of the RAHP Guidelines and the RAHP Agreement by the jurisdictions in King County that elect to participate in the RAHP,the HHP will convene a focus group of city staff and stakeholders to further develop the parameters of the RAHP O&M fund and the RAHP 0&M Request for Proposals. The RAHP O&M funds will be awarded in multi-year commitments and will have minimum and maximum grant amounts, however, the minimum and maximum amounts and other 0&M fund details will be determined by the O&M focus group. The HHP will invite city staff and other stakeholders to participate on the panel to review applications for the RAHP 0&M funds. The review panel will recommend 0&M fund awards to the 7RC for final adoption. -28- Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: KING CONSERVATION DISTRICT GRANTS —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: As recommended by the Parks Committee, accept two grants from the King Conservation District and amend the Capital budget in the amount of$5,757.21. Two grants were received from the King Conservation District to reimburse the Green River Trail Native Planting for $3,373.33, and the 132nd Avenue Retention Pond Planting for $2,383.88, totaling $5,757.21. The Green River Trail plantings were completed by volunteers and staff on Make A Difference Day in October 2002. 3. EXHIBITS: Memos from King Conservation District and agreements • 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: Revenue of$5,757.21 SOURCE OF FUNDS: King Conservation District Grants 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ® ACTION: Council Agenda Item No. 60 H&i=kw"D King Conservation District 935 Powell Avenue SW•Renton,WA 98055•Phone(206)764-3410•Fax(206)764-6677.E-mail dzstnctOkmgcd org May 6,2003 Lon Flemm City of Kent 220 -4w Ave. So. Kent, WA 98032 Dear Ms Flemm, Enclosed are two copies of an Agreement for Award of Noncompetitive Grant for the Green River Greenbelt Planting Project. This grant is funded with King Conservation District Special Assessment funds collected in 1998 and allocated to the City of Kent. • After obtaining the required signatures from City Kent representatives,return both copies of the Agreement to me. I will obtain the required signatures from King Conservation District representatives and forward a signed original for your records At that time, I will also forward a check for the amount of the grant. I am available to answer any questions you may have. Please do not hesitate to contact me. Sincerely, Brandy Reed District Co-Coordinator Enclosures (2) KCD Ref 03-059 Lon Flemm,City of Kent AGREEMENT FOR AWARD OF NONCOMPETITIVE GRANT City of Kent This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98055 (referred to herein as "District"), and City of Kent Park Planning and Development Department, a municipal corporation in Kmg County, Washington, located at 220 — 4a' Avenue South, Kent, Washington 98032 (referred to herein as"Recipient'), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW. The District engages in and provides certain conservation activities that are authorized and described in RCW 89.08.220; and 1.2 Whereas, on December 15, 1997,the Metropolitan King County Council enacted King County Ordinance No. 12959 which, among other things,provides for the distribution of noncompetitive grant funds from a portion of the special assessments imposed by King County Ordmance No. 12959 and collected by the District pursuant to Chapter 89.08 RCW; and 1.3 Whereas, on November 19, 1998, the District adopted Resolution No. 98-20 relating to the policy and procedures governing the District's award of any noncompetitive grants authorized by King County; and 1.4 Whereas,the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policy and procedures for awarding noncompetitive grants; and 1.5 Whereas,the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the Distncfs award of a noncompetitive grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Three thousand three hundred seventy-three Dollars and Thirty-three Cents($3,373.33) from 1998 Assessments. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the following paragraphs. 2.1 1 Grant funds from 1998 shall be paid by District to Recipient within five (5) business days after District's receipt of a fully executed Agreement. - 1 - 22 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A,which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended and/or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton,Pacific, Skykomish and Tukwila. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due May 31 and November 30 each year The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty(30)days after the completion of the work. The final report shall,among other things, summarize the project's successes and shall address the regional benefits accomplished by the work The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested,Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement Recipient shall cooperate with the District in any such audit. - 2 - 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees that in the event a court of competent jurisdiction finds that the imposition or collection of the special assessments authorized by King County Ordinance No. 12959 are unlawful and orders the repayment of such assessments, Recipient agrees to reimburse the District for the full amount of the grant award,including any interest which may be awarded by the court. 2.12 Recipient agrees to indemnify, defend and hold harmless the District, its agents, officers, officials and employees from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the acts of the Recipient or any of its employees, agents,contractors or subcontractors in connection with this Agreement. 2.13 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be bindmg upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, mducement,promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by wntten amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 34 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party wan-ants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. - 3 - 35 Expenditure of grant funds shall be subject to appropriation by the Metropolitan King County Council. DISTRICT: RECIPIENT: By By Name Name Title Title Date Date Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By �1�n2_ C Aa.rtitil3Ti By • Name ✓ i C f f,vrI o f Name Date 3J a S/o 3 Date -4- Exhibit A King Conservation District 1 Municipality Noncompetitive Grant Application Project Name: Green River Greenbelt Planting Contact: Lon Flemm Applicant: City of Kent Title: Superintendent, Park Planning& Development Principal Partners(if any): Address: Community volunteers(labor) 220 4'"Avenue South Puget Sound Energy(chips) Kent,WA 98032-5895 Total Project Cost: $6,787 33 Phone: 253 856.5112 KCD Funding Requested: $3,373 33 Fax: 253 856 6050 Project Start Date: October 25,2002 E-mail: Iflemm ci kent.wa.us Proiect End Date: November 25, 2002 1. Brief Project Description (—200 words): Invasive plants (blackberry, reed canary grass, etc) were choking out native plants in the Green River Greenbelt (east bank) Park Maintenance staff mowed the area three times in 2002 Native trees and shrubs were planted by staff and volunteers on October 26"' (Make A Difference Day) with cardboard or newspaper placed around the planting pits for invasive weed control. Chips from Puget Sound Energy or purchased compost was spread as mulch around plant pits. Hog fuel will be spread between plant pits.Volunteers and neighbors will water the trees and shrubs for one year.Neighbors or park staff will remove invasive plants as needed. 2. Project Objectives (Citing specific paragraphs and subtexts, provide a brief description of how the project meets one RCW 89.08 criteria and one KCD Strategic Plan Initiative criteria outlined in the Policy and Procedure Overview): The objective of the project is to enhance wildlife habitat in the Green River Corridor. The project meets criteria in RCW 89 08.46.2 a because it restores native wildlife habitat in approximately 1,250 linear feet of stream reach, no soil will be removed, and no existing native vegetation will be removed. The project meets the goal of the State of Washington in 89.08 450 to". restore the natural resources of the state, and in particular, fish and wildlife and their habitat". Strategic Plan Initiative• Promoting Natural Habitat Protection and restoration (ub)and Orchestrating Volunteer Opportunities (ric) and to utilize volunteer organizations who have a commitment to this goal This project restores native plant habitat and wildlife habitat in the Green River Corridor. Volunteers planted native trees and shrubs on Make A Difference Day, October 26, 2002. 3. Project Activities and Measurable Results: Native Tree and Shrub purchase. Approximately 30 native conifer and 20 deciduous trees and 600 native shrubs will be purchased,planted and mulched,and will be thriving one year after planting. Native Tree and Shrub planting.2540 volunteers will plant the trees and shrubs. Native Tree and Shrub mulching Measurable Results Within three (3) years native plants have matured and proven effective in out competing invasive plants 4. Budget Expenses King Conservation District 2 Munici2ality Noncompetitive Grant Application Budget Item KCD Other Other Total Funds Funds Funds Salaries and Benefits City of $1,600.00 $1,600.00 Kent Travel/Meals/Mileage N/A Office/Field Supplies $462.40— City of $527.00 $3,600.33 hog fuel Kent $2,610.93— (compost) trees & shrubs Contracted/Professional $300—signs $300.00 Services Land Acquisition N/A Permits N/A Other j n p i 1v I Volunteer $1,287.00 $1,287.00 labor TOTAL 1 $3,373.33 $3,414.00 $6,787.33 1. Describe how KCD funding will be acknowledged over the duration of the project. 1 Two signs will be posted on site at each end of the project. 2. In the quarterly brochure following grant award,the grant and project will be described 3. Funding assistance will be acknowledged on the City of Kent's web site. 4 6d- Auth Signature Date KD King Conservation District 935 Powell Avenue SW•Renton,WA 98055•Phone(206)764-3410•Fax(206)764-6677•E-mail distnct®langcd org May 6,2003 Lori Flemm City of Kent 220-4w Ave. So. Kent,WA 98032 Dear Ms.Flemm, Enclosed are two copies of an Agreement for Award of Noncompetitive Grant for the East Hill Retenhon Pond Planting Prolect. This grant is funded with King Conservation District Special Assessment funds collected in 1998 and allocated to the City of Kent. After obtaining the required signatures from City of Kent representatives, return both copies of the Agreement to me I will obtain the required signatures from King Conservation District representatives and forward a signed original for your records. At that time,I will also forward a check for the amount of the grant. I am available to answer any questions you may have Please do not hesitate to contact me. Sincerely, Brandy Reed District Co-Coordmator Enclosures (2) KCD Ref 03-060 Lon Flemm,City of Kent -- I J cr AGREEMENT FOR AWARD OF NONCOMPETITIVE GRANT City of Kent This Agreement is made between the King Conservation Distnct Number 9, a municipal corporation in King'Cdunty, Washington, located at 935 Powell Ave. SW, Renton, WA 98055 (referred to herein as "District'), and City of Kent Park Planning and Development Department, a municipal corporation in King County, Washington, located at 220 - 0 Avenue South, Kent, Washington 98032 (referred to herein as "Recipient"), for the purposes set forth herein SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW. The Distnct engages in and provides certain conservation activities that are authorized and described in RCW 89.08 220; and 1.2 Whereas,on December 15, 1997, the Metropolitan King County Council enacted King County Ordinance No. 12959 which,among other things,provides for the distribution of noncompetitive grant funds from a portion of the special assessments imposed by King County Ordinance No. 12959 and collected by the District pursuant to Chapter 89.08 RCW; and 1.3 Whereas, on November 19, 1998,the District adopted Resolution No. 98-20 relating to the policy and procedures governing the District's award of any noncompetitive grants authorized by King County;and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policy and procedures for awarding noncompetitive grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a noncompetitive grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Two thousand three hundred eighty-three Dollars and Eighty-eight Cents ($2,383.88) from 1998 Assessments. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the following paragraphs. 2 1 1 Grant funds from 1998 shall be paid by District to Recipient within five(5) Is business days after District's receipt of a fully executed Agreement. - 1 - 22 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3 3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended and/or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw,Federal Way, Milton, Pacific,Skykomish and Tukwila. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplam mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant fiends which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports,along with an annual summary report. Financial and project reports shall be due May 31 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty(30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. -2 - 29 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees that in the event a court of competent jurisdiction finds that the miposition or collection of the special assessments authorized by King County Ordinance No. 12959 are unlawful and orders the repayment of such assessments,Recipient agrees to reimburse the District for the full amount of the grant award,including any interest which may be awarded by the court. 2.12 Recipient agrees to indemnify, defend and hold harmless the District, its agents, officers, officials and employees from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement 2.13 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement,promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 34 Each party wan-ants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. - 3 - 3 5 Expenditure of grant funds shall be subject to appropriation by the Metropolitan King County Council DISTRICT: RECIPIENT: By By Name Name Title Title Date Date Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By C JBy . Name �f 6 C- C Fr,,h1 o /f Name Date 'J ,),S f 0 3 Date -4 - Exhibit A King Conservation District 1 Municipality Noncompetitive Grant Application Project Name: East Hill Retention Pond Planting Contact: Lon Flemm Applicant: City of Kent Title: Superintendent,Park Planning& Development Principal Partners(if any): Address: (none) 220 4th Avenue South Kent,WA 98032-5895 Total Project Cost: $3,183 88 Phone: 253.856.5112 KCD Funding Requested: $2,383 88 Fax: 253.856 6050 Project Start Date: December 2 2002 E-mail: lflemm ci kent wa us Project End Date: December 3, 2002 1. Brief Project Description (—200 words): Conduct a demonstration project at a storm water retention pond that accelerates the succession process by planting native trees and shrubs over a multi-year period. The goal of the project is to provide a naturalized storm water retention pond that provides wildlife habitat value and function of a forested wetland and restoration of habitat lost due to adjacent developments, Our goal is to achieve a landscape that is easy to maintain and aesthetic instead of an eyesore. A typical storm water pond has invasive plants, grasses and a few trees, it is challenging to maintain, and has little habitat or aesthetic value. Invasive plants(blackberry, Scotch broom,etc.)and grasses were removed and native trees and shrubs planted. In three to five years volunteers will salvage sword ferns, long leaf mahoma and salal from construction sites for understory planting. If this project proves to be a successful prototype it will be replicated on other retention ponds in the City of Kent. 2. Project Objectives (Citing specific paragraphs and subtexts, provide a brief description of how the project meets one RCW 89.08 criteria and one KCD Strategic Plan Initiative criteria outlined in the Policy and Procedure Overview):One objective of the project is to enhance wildlife habitat in urban areas. The project meets criteria in RCW 89 08 46.2 a because it restores native wildlife habitat around a typical storm water retention pond, no soil will be removed, and low- maintenance native vegetation will be planted The project meets the goal of the State of Washington in 89.08 450 to " ..restore the natural resources of the state, and in particular, fish and wildlife and their habitat" Strategic Plan Initiative. Promoting Natural Habitat Protection and restoration. (rib) This project restores native plant habitat and wildlife habitat in the Kent urban area 3. Project Activities and Measurable Results: Native Tree and Shrub purchase: Approximately 18 native conifer and 12 deciduous trees and 200 native shrubs will be purchased and planted by City of Kent staff, and will be thriving one year after planting Native Tree and Shrub planting- City of Kent will plant the trees and shrubs in the fall to take advantage of winter moisture to get established After three (3) years staff will not need to water initial plantings. Native Tree and Shrub Measurable Results Within three (3) years native plants have matured and proven effective in out competing invasive plants, and will provide habitat value. Three to five(3-5) years after initial planting, typical understory native ground covers and shrubs will be planted and grasses removed Within seven (7)years,a typical retention pond will be"naturalized". King Conservation District 2 Municipality Noncompetitive Grant Application 4. Budget Expenses Budget Item KCD Other Other Total Funds Funds Funds Salaries and Benefits City of $800 00 $800 00 Kent Travel/Meals/Mileage N/A Office/Field Supplies $2,383.88— trees & shrubs Contracted/Professional N/A Services Land Acquisition N/A Permits N/A Other (->) � ,fO N/A TOTAL $2,383.88 $800.00 $3,183.88 1. Describe how KCD funding will be acknowledged over the duration of the project. 1. In the quarterly brochure following planting and the grant award, the grant and project will be described. 2. Funding assistance will be acknowledged on the City of Kent's web site 1VUA1 a a3 Au lte Signature Date Kent City Council Meeting Date May20, 2003 Category Consent Calendar 1. SUBJECT: INTERLOCAL MUTUAL AGREEMENT WITH KING COUNTY AND UNIVERSITY OF WASHINGTON—APPROVE 2 SUMMARY STATEMENT: As recommended by the Public Safety Committee, approve of and authorize the Mayor to execute the Interlocal Cooperative Agreement to provide Law Enforcement Mutual Aid and Mobilization between the cities of King County, University of Washington Police and King County. Federal government First Responder reimbursement funding is available to local jurisdictions with plans for response and coordinated mutual aid agreements. The Washington Association of Sheriffs and Police Chiefs (WASPC) have developed the plan and presented it to the Legislature for approval. This plan is modeled after the statewide Fire Service Plan. 3 EXHIBITS: Interlocal cooperative agreement for mutual aid and mobilization 4. RECOMMENDED BY: Public Safety Committee 5/19/03 (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 INTERLOCAL COOPERATIVE AGREEMENT TO PROVIDE LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION BETWEEN THE CITIES OF HING COUNTY,UNIVERSITY OF WASHINGTON POLICE, AND HING COUNTY 1. DATE OF AGREEMENT AND PARTIES. Tlus agreement, dated the first day of June 2003 for reference purposes only, is entered into by the undersigned municipal corporations or towns organized or created under the laws of the State of Washington, the University of Washington Police Department, and the King County Sheriff s Office. 2. AUTHORITY FOR AGREEMENT. This Agreement is entered into as an interlocal agreement pursuant to the Interlocal Cooperation Act as codified in Chapter 39 34 of the Revised Code of Washington, specifrcaIly RCW 39.34 080. 3. PURPOSE OF THE AGREEMENT Each party has the power, authority and responsibility to provide police protection for its citizens within its boundaries. On occasion, the demand for law enforcement services within a jurisdiction may exceed that department's ability to respond in a timely manner. When that occurs, the police department or departments of other jurisdictions may be capable of providing backup law enforcement services. In order to fulfill their respective obligations to their citizens, the parties desire to provide backup law enforcement services to each other under the terms and conditions set forth below 4. MUTUAL AID LAW ENFORCEMENT SERVICES. Each party will to the best of its ability, famish mutual aid law enforcement services to, and at the request of, any other party whose police department is taxed beyond its ability to respond, and render law enforcement services in a timely manner. Each jurisdiction shall confer police authority on those police officers from other jurisdictions providing mutual aid law enforcement services and enforcing the requesting jurisdiction's ordinances. The mutual aid officers shall proceed at the direction of the requesting department's police chief or sheriff or their designee. The responding department maintains the discretion to determine whether its own police department will not or cannot provide the requested mutual aid services. The responding department also maintains the discretion to determine at any time during the response that it may stop providing assistance. Upon determining that it will not respond or that it will stop assisting, the department shall immediately notify the requesting department of the change in mutual aid law enforcement services provided. The responding department shall be the sole judge of its ability to respond or to remain, and assumes no liability for declining to respond or for leaving. 5. SERVICES INCLUDED. For purposes of this Agreement, mutual aid law enforcement services shall mean supplemental response to assist at least one officer from the primary agency. Such services will typically be of a first responder type of service such as patrol response. Response protocols for this Agreement are outlined in"Addendum X' 6. TERM. This Agreement shall be effective on June 1, 2003 for one (1) year, regardless of the date of execution and shall be automatically renewed on May 31" of each is successive year. Any party may terminate its participation in this Agreement by giving 60 days notice of termination to all participating parties hereto. 7. INDEPENDENT CONTRACTOR. The parties acknowledge and agree that in the performance of this Agreement, they are acting as independent contractors and not as agents of each other. 8. INDEMNITY AND HOLD HARMLESS. Each Jurisdiction which is a party to this Agreement hereby agrees to accept liability for any act, error or omission of its own employees of whatever kind and nature and from whatever cause arising out of or connected with the performance of this Agreement, and to indemnify and hold the other jurisdictions and their employees harmless from any such liability, claim, or cause of action, including amounts arising out of the performance, by that Jurisdiction's employees, of this Agreement. All liability for salaries, wages and other compensation of law enforcement officers shall be that of their respective employers. 9. GOVERNING BODY. This Agreement shall be administered by a Joint board, which consists of the police chief of each named jurisdiction and the King County Sheriff. Administration of this Agreement includes, but is not lirruted to, (1) each participant identifying the resources available to aid participating jurisdictions; (2) review of the response protocols (Addendum A), and (3) participation in the Regional and/or State Mobilization efforts. A quorum of the membership is necessary for any modification of the mobilization plan. Meetings may be called upon the request of any 3 board members with 30 days mimmum notice 10. COUNTERPARTS. This Agreement shall be signed in counterparts and, if so signed, shall be deemed one integrated agreement 11. MODIFICATION. The parties may amend, modify, or supplement this Agreement only by written agreement executed by all the parties hereto. 12. MERGER AND ENTIRE AGREEMENT. This Agreement merges and supersedes all prior negotiations, representations and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties. Signature page immediately following INTERLOCAL COOPERATIVE AGREEMENT TO PROVIDE LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION BETWEEN THE CITIES OF KING COUNTY, UNIVERSITY OF WASHINGTON POLICE,AND KING COUNTY SIGNATURE PAGE CITY OF Algona CITY OF Auburn By: By. Date Date CITY OF Bellevue CITY OF Black Diamond By: By: Date Date CITY OF Bothell CITY OF Burien By: By: Date Date CITY OF Carnation CITY OF Clyde Hill By: By: Date Date CITY OF Covington CITY OF Des Moines By: By: Date Date CITY OF Duvall CITY OF Enumclaw By: By- Date Date CITY OF Federal Way CITY OF Issaquah By: By: Date Date CITY OF Kenmore CITY OF Kent By: By: Date Date CITY OF Kirkland CITY OF Lake Forest Park By: By: Date Date CITY OF Maple Valley CITY OF Medina By. By: Date Date CITY OF Mercer Island CITY OF Newcastle By: By: Date Date CITY OF Normandy Park CITY OF North Bend By By: Date Date CITY OF Pacific CITY OF Redmond By By: Date Date CITY OF Renton CITY OF Sammamish By By- Date Date . CITY OF SeaTac CITY OF By: By Date Date CITY OF Seattle CITY OF Shoreline By: By: Date Date CITY OF Snoaualmie CITY OF Tukwila By- By: Date Date CITY OF Woodinville CITY OF By: By: . Date Date County of King Port of Seattle By: By: David G. Reichert Date T. M. Kimsey Date King County Sheriff Chief of Police County of King—Airport Police By: Ron Griffin Date KC Airport Police Chief University of Washington Police By: Weldon Ihng Date Executive Vice President i ADDENDUM"A" . ICING COUNTY MUTUAL AID RESPONSE PROTOCOLS FOR LAW ENFORCEMENT I. Authority All parties to the King County Mutual Aid Agreement will ensure a process is established to commit manpower and resources. II. Request For Mutual Aid 1. In the event of major disorder or other taw enforcement operation the first law enforcement resources to be used shall be those of the primarily responsible agency. In the event that such resources are inadequate to control the situation by the primarily responsible agency, or there is a need for a specialized unit, a request for mutual aid under this plan will be made directly to an assisting agency. Such requests for assistance shall, if possible, specify the number of police officers and types of equipment required, where and to whom such officers are to report, and where and to whom the equipment should be delivered 2 Rendering assistance under the terms of this agreement shall not be mandatory, except that if assistance can't be rendered, the requestee should immediately inform the requestor if, for any reason, assistance can't be rendered. It is understood that consideration as to whether assistance can be provided or not must be determined by the requestee 3. In the event of mobilization under this agreement, the primarily responsible agency shall assume incident command, unless the primarily responsible agency specifically requests that a different law enforcement agency fulfill this responsibility, or unless the scope of the problem is multi junsdictional, in which case a unified command shall be established This shall include directing the assignment of all personnel and equipment. The assignment of duties to officers of assisting agencies shall be made by the incident commander of the primary responsible agency unless that responsibility is delegated to a different law enforcement agency as indicated above. 4. The primary responsible agency shall have the responsibility of establishing a command post and notifying all assisting agencies at the earliest possible time of its location. The Incident Commander shall establish a-command post in such a manner as to provide an area suitable for the staging and directing of all resources. 1 Arrests Arrest policies will be determined by the Incident Commander in charge of the event Transportation of prisoners to jail facilities will be coordinated by the Incident Commander. The primarily responsible agency will be responsible for providing supplies that are reasonably needed to sustain the responding officers in enforcing the law and maintaining order Each agency will be responsible for any repairs and/or damages done to their own vehicles as a result of participation in mutual aid. IH Insurance No signatory shall be held liable to another signatory for damages, loss of equipment, injury to personnel, or payment of compensation ansing as a result of assistance rendered under the terms of this agreement. IV. Commissions &Authority Full-time, paid, commissioned officers who are responding to any call for mutual aid shall be automatically commissioned by virtue of the mutual aid agreement, through the commissioning authority of the primarily responsible agency and, therefore, shall be empowered to exercise the same police authority during the time of the mutual aid as though they were full-time commissioned officers of the primarily responsible agency Tlus provision shall apply whether the mutual aid request is of: (a) A formal nature between department heads; (b) A less formal nature through agreement of watch commanders or shift supervisors; or, (c) When the officers of one jurisdiction cross jurisdiction boundaries to aid or assist the officers of another jurisdiction signatory to this agreement. If signatory agencies have reserve officers or part-time officers, in addition to full-hme paid, commissioned officers, they shall normally be exempt from the automatic commissioning, except those reserve officers working under the immediate supervision of a full-time officer. Reserve or part-time officers may be extended automatic commissioning at the direction of the department head who requests mutual aid, PROVIDED HOWEVER that such determination should be worked out in advance among the heads of the signatory agencies. V. Command The underlying principle of mutual aid is that other agencies are serving as a resource to another agency's request. Therefore, the Chief of Police or his/her designee (Sergeant, Lieutenant, Captain, etc.) of the requesting agency maintains 2 incident command and is aided by those resources sent in response to this request for aid. In the event that the emergency is of such a nature that it exceeds the individual jurisdictional boundaries, a unified command shall be established until the mutual aid situation ceases to exist and operations return to normal boundaries. Whenever significant resources from other agencies must be mobilized and brought into a jurisdiction in order to resolve a given problem, even when the scope of the problem is such that it is physically contained within the boundaries of the specific single jurisdiction requesting mutual aid, it is expected that an appropriate incident command staff be developed and that the senior staff officers responsible for the mutual aid assets will fill roles within the incident command structure. Successful mutual aid operations must be based upon professional respect and also upon acknowledgement of the fact that the Incident Commander in charge also is responsible and legally liable for his decisions and actions It must also be borne in mind that those in charge of mutual aid assets are still free to accept or refuse to carry out requests requiring specific missions, which would utilize and exhaust the assets for which they are responsible. VI. Control While the question of technical command and responsibility is one, which requires specific designation of an Incident Commander, the exercise of control . over responding mutual aid units and combinations of units brings up an entirely different set of concerns. Wherever possible, the supervisor or staff officer in charge of a group of responding units from an assisting agency would report to the Incident Commander as liaison and be assigned to specific tasks or missions, for which he/she would use his own departmental personnel NOTE: Because of the possibility that reserve officers will be used in many responses to requests for mutual aid, it is important to establish and record their presence and to verify the fact that they are certified reserves within the scope of the definition of the"Peace Officer Powers Act," and have met the requirements established by the Washington Criminal Justice Training Commission Reserve officers should generally work under supervisors or regular officers from their own agencies, but under some circumstances (depending on the scope of the operation), might be configured into a special reserve contingent for handling special assignments such as roadblock, evacuation, fixed-point traffic control, etc VII. Press Relations It shall be the responsibility of the requesting agency in conjunction with the Incident Commander to establish a press area and to assign a public information officer to handle immediate inquires during any given incident. All releases of information through the public information function should be approved by the Incident Commander. 3 VIII. Record Keeping It shall be the responsibility of the Incident Commander to establish a Planning and Intelligence Section. The Planning and Intelligence Section will keep an accurate log of what mutual aid agencies, personnel and vehicles are involved in the emergency, and during what periods, along with the assignments, which they were given and any actions, which they took. A formal written Incident Action Plan and After Action Report will be completed by the Planning and Intelligence Section and the requesting agency following the incident. The King County Chiefs Association through the Regional Operations Committee shall annually update and review plans and policies, and make recommendations for change. 4 Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: EMERGENCY RESPONSE POWER OUTAGES AT SIGNALIZED/ MAJOR INTERSECTIONS —AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, direct administration to take a proactive position in the management of traffic during regional or widespread emergencies within the city. 3. EXHIBITS: Public Works Operations Manager memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6Q 10 PUBLIC WORKS Don E.Wickstrom, Director OPERATIONS DIVISION Larry R. Blanchard, Manager KEN T Phone: 253-856-5656 w.s.,.nrc. Fax 253-856-6600 Mailing Address- 220 Fourth Avenue South Kent,WA 98032-5895 Location Address 5821 South 240th Date. March 28, 2003 To. Don Wickstrom, Public Works Director From Larry R Blanchard, Public Works Operations Manager Re Emergency Response Power Outages @ Signalized/Major Intersections Subject Public Works Operations Responding It has been suggested that during major power outages such as the outages that occurred during the Nisqually Earthquake in 2001 that Public Works Personnel be used for Traffic Control @ malfunctioning signalized intersections Apparently the City of Tukwila's Operations staff did traffic control during the Nisqually earthquake event From conversations with the City of Tukwila the following occurred 1) The City of Tukwila had no standard procedures for flagging intersections during major power outages but does for emergency responses for maintained infrastructure(i a water, sewer drainage) 2) During the Nisqually earthquake Tukwila used 2 flaggers @ each of 5 intersections for a total of 10 personnel for a full 8 hours Estimated cost$3,000 3) This action is contrary to the recommendation of WCIA advising in a 1999 report that this action is risky and any accidents that occur could be the City's liability 4) Washington State allows these malfunctioning signals to be treated as four way stops as described in the Department of Motor Vehicles regulations for motorists @ four way stop intersections 5) The intersection flagging by Tukwila Public Works crews was requested by the Council for this event only and is not a normal practice 6) FEMA did not reimburse the City of Tukwila for the cost of flagging @ intersections because it was not a reimbursable charge. As a comparison Operations opened its DOC 15 minutes after the all clear sign for building entry was given on the day of the Nisqually earthquake Staff received over 500 phone calls from 11 00 AM 02/28/01 through 03/01/01 to respond to a variety of issues from power outages @ the over 40 water, sewer, drainage or street facilities in the City to waterline leaks. Staffing the DOC, and the thirteen Assessment Teams (2 person teams) that were dispatched to assess sites and repair them if possible took up the greatest amount of time for Operations involvement in the earthquake. The DOC was staffed for 2 full days before we were able to resume normal operating hours. Also, the City of Kent was reimbursed by FEMA for a large portion of the cost incurred by Operations during the earthquake. If Operations would have been requested to provide traffic control (2-persons/team) @ each of the 108 flashing and fully signalized intersections in the City there would not be enough employees to U\Admimstration\DW Coorespondence\MemoFlaggmgmtersections doc perform the flagging. Instead Operations staff would concentrate its efforts on the emergencies that would occur to the City's infrastructure One of the primary responsibilities of Public Works Operations is to maintain the estimated + $700,000,000 worth of infrastructure in the City and to make sure the water, wastewater, drainage, and transportation systems are back in service as soon as possible. Responding to infrastructure emergencies is a priority , Operations has to be able to provide water,wastewater sewer and drainage services to our customers along with safe passage over our bridges Traffic control @ signalized intersections is a secondary issue because all signals that do not function are treated as four way stops and would not take precedence over infrastructure repairs Once the power was back on Transportation Engineering may need to make some adjustments to synchronize some of the signals. Operations policy for responding to malfunctioning signals is to allow those intersections to operate by the rules for four way stops unless we are requested to assist by Kent Police However, responding personnel depending on the safety concerns @ the intersection could decline to assist if they felt an unsafe situation existed for the staff or the traveling public. All field personnel are certified flaggers and must be recertified every three years The cost of recertification is $42 00 per person, however, the City currently has a certified trainer on staff in Transportation Engineering and we are not charged for this service In the event we would have to pay for this service it would cost approximately$840 per year If you need any further information please contact me @ (253)856-5656. U.Wdmimstration\DW Coorespondence\MemoFlaggmgmtersections doc Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: S 266TH ST. STREET VACATION ORDINANCE—ADOPT 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, adopt Ordinance No. vacating, with conditions, that portion of SE 266th nght-of- way between 128th Avenue SE and 132nd Avenue SE as described in the applicant's petition. A Street and/or Alley Vacation Application and Petition was filed by Pacific Land Consulting, Inc. to vacate a portion of the SE 266th nght-of-way. The planning services office processed this petition and the public works department approved the petition for vacation. A public hearing was held on March 18, 2003, where Council approved the vacation subject to the conditions set forth in the staff report of the planning services office. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington,relating to the vacation of a portion of SE 2661h Street right-of-way between 1281h Avenue SE and 132"d Avenue SE,lying within the northeast quarter of the southeast quarter of Section 28, Township 22 North, Range 5 East, W M in King County, in the City of Kent . WHEREAS, a petition, attached as Exhibit A, has been filed by Pacific Land Consulting,Inc to vacate the portion of Southeast 266`h Street nght-of-way between 128`h Avenue Southeast and 132'd Avenue Southeast, lying generally in the northeast quarter of the southeast quarter of Section 28, Township 22 North, Range 5 East, W M, and WHEREAS,the city's planning services office processed this petition and, after consulting with all appropriate city departments, secured technical facts pertinent to the question of this vacation, and WHEREAS, the city council fixed a time for a public hearing on the petition and the hearing was held with proper notice on March 18, 2003, in the City Council Chambers of the Kent City Hall, and • 1 Street Vacation- 266`i'Street Right-of-Way WHEREAS, the planning services office recommended that the city council approve the petition subject to the conditions stated in its staff report,attached and incorporated as Exhibit B; and I WHEREAS, after the public hearing on March 18, 2003, the city council approved the vacation with the conditions recommended by staff; and WHEREAS, all conditions required by council have been fulfilled, with the clarification that conditions(3) and (4) will be imposed and fulfilled as conditions to the subdivision plat to be filed by the applicant, or its assigns; and WHEREAS, the city council finds that the portion of street sought to be vacated is: (1) a dedicated street that is presently unused; (2) not abutting on a body of water and, therefore, not suitable for acquisition for port purposes, boat moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use, and (3) a vacation which is in the public interest, NOW, THEREFORE, . THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS SECTION]. —Recitals The foregoing recitals are incorporated as if fully set forth herein SECTION 2. — Vacation That portion of SE 266°i Street right-of-way between 1281"Avenue SE and 132"d Avenue SE,in the City of Kent as described in Exhibit C, attached and incorporated herein by this reference, is hereby vacated on the condition that the following conditions will be imposed and fulfilled as conditions to the subdivision ,'plat to be filed by the applicant or its assigns • The applicant/owner shall grant to the city an easement over, upon and under that portion of the right of way proposed to be vacated that represents the northerly projection of the Springwood Detention Pond 2 Street Vacation- • 266"Street Right-of-Way Easement per Document No 9209090337 as if it were to extend through said right of way • The applicant/owner shall grant to the city a 20-foot-wide easement for pedestrian,pathway,and utility purposes over,under,and upon that portion of the right-of-way proposed to be vacated as determined necessary by the city's public works director and parks and recreation director to allow public access and utilities to and from the west,including to and from 1281h Avenue South to the city's park property which abuts the easterly and northerly half of this proposed street vacation. The language of such easement document shall not restrict public access to the use of the park but will allow free public travel(non-motonzed)between 1281h and 132nd Avenues SE SECTION 3. — Vested Ro-ht No vested rights shall be affected by the provisions of this ordinance SECTION 4. — Severab:hty If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect I SECTION 5. —Effective 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 • 3 Street Vacation- 266'Street Right-of-Way APPROVED AS TO FORM. I I TOM BRUBAKER, CITY ATTORNEY V PASSED day of 12003 APPROVED day of 2003 PUBLISHED day of 2003. 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. lea BRENDA JACOBER, CITY CLERK P CrvdONmmcnVau¢?66thSrreet doc 4 Street Vacation- 266'"Street Right-of--Way Doc 09 02 01.55P nark Holland 425 556-0294 P.2 RECEIVED JAN 16 2003 CITY/ T PROPERTYOMANAGEMENT `✓ w W♦{YIY6TD• Mayor Jim White KIVAN MAIL TO APPLIC CITY OF KENT NAME. Ho k lA n& Property Management 220S 4"Avenue ADDRESS 03 \R Ask' (teed Kent,Washmgton 98032 Atin Jerry McCaughan L% mrkwbb �WC.clg03a' PHONE STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council / We,the undersigned abutting property owners,hereby respectfully request that certain hereby be vacated Legal Description of StreeUAlley Sought to be Vacated (Must Contain Total Square Feel of Area Sought To Be Vacated) RV { reA, d4 t f� s a lO� .0 BRIE STATEMENT WHY VACATION IS BEING SOUGHT A"S URREC{T"title report must be submitted wrth this application that covers all the abutting properties contiguous to alley or street sought to be vacated When Corporations, Partnerships, etc are being signed for, and then proof of individual's authority to sign for same shall also be submitted Attach a color-coded rap of a scale of not less than I"-200'of the area sought for vacation (NOTE) Map must correspond with legal description ABUTTING PROPERTY OWNERS TAX LOT N SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC TOWN RG es a� �82aos` g0ab -o g � 5133-b� oaks (APO C(—i Civilc " lirit*6 $I50 00 Fee Paid Treasurer's Receipt No Appraisal Fee paid Tressurees Receipt No Lana Value Paid Treasurer's Receipt No Deed Accepted Dale Trade Accepted Dale S V'mpeq MxWpenanaVxaYm lrt,see EXHIBIT "A" • KENT WA•"0YOTOY Mayor J'un White KIVAM: a ` MAIL TO: APPLI (� / 14 ,) 7kch-\a-a—k< rise �CITY OFKENT NAME No IlAe,& Property Management 220 S.0 Avenue ADDRESS: ` ��° �y Kent, Wastnngton 98032 ` Ann- Jerry McCaughan �nvJDa��W '4 ctSL`3a" YSiONES 3 ct 3 S~ STREET ANDIOR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners,hereby respectfully request that certain hereby be vacated. Legal Description ofStreet/Alley Sought to be Vacated (Must Contain Total Square Feet of Area Sought To Be Vacated) BRIEF STATEMENT WAY VACATION IS BEING SOUGHT A"OJRRENl"'title report must be submitted with this application that covers all the abutting properties contiguous to alley or street sought to be vacated When Corporations, Partnerships, etc arts being signed for, and then proof of indivrdual's authority to sign for same shall also be submitted. Attach a color-coded map of a scale ofnot less than I."=200'of the area sought for vacation. (NOTE) Map trust correspond with legal description ABUTTING PROPERTY OWNERS TAX LOT 11 SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC.TO WN.RG r Q6 a-6 —d 1;L,81a*20s 9 (3-)Ao S150.00 Fee Paid Treasurer's Recept No. Appraisal Fee Paid Treasurer's Receipt No. _ Land Value Paid Treasurer's Receipt No Deed Accepted Date _ EXHIBIT "A" THAT PORTION OF SE 266TH STREET LYING WITHIN THE NE W OF THE SE IN SECTION 28, TOWNSHIP 22 NORTH RANGE 5, E.W.M KING COUNTY, WASHINGTON. EXCEPT THAT PORTION, THEREOF IF ANY, LYING WITHIN THE EASTERLY 50. 00 FEET AND THE WESTERLY 50 .00 FEET OF SAID SUBDIVISION • !CENT w.srireres Mayor Jim White KIVA#: MAIL TO: APPUCXG.f'C LC,, (1 Ca CITY OFKENT NAME: t6\&�Q.K. 'V\e 1,AntQ Property Management y 220S 4° Avenue ADDRESS: i', K L Washington 99032 Attn: Jerry McCaughan ��� � PHONE. 7-S 31 rg t{3 S-- STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council- We, the undersigned abutting property owners,hereby respectfully request that certain hereby be vacated Legal Description of Street/Alley Sought to be Vacated (Must Contain Total Square Fees of Area Sought To Be Vacated) 4 41- BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A"CURRENT' title report must be submitted with this application that covers all the abutting properties contiguous to alley or street sought to be vacated. When Corporations, Partnerships, etc. are being signed for, and then proof of individual's authority to sign for some shall also be submitted Attach a color-coded map of a scale of not less than 1"-200,of the area sought for vacation. (NOTE) Map must correspond with legal descnpdorL ABUTTING PROPERTY OWNERS TAX LOT# SIGYATURES AMDD ADDRESSES LOT,BLOCK&PLAT/SEC.TO WN.RG ag �ao � Wy�,S-off S 150 00 Fee Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. 4 �s i KENT WASNIMOTCx Mayor Jim White KIVA#: n �o MAIL TO: APPLIC� . �L G� o So CITY OF KENT NAME: kA i 1\A r%& I Property Management �a 220S.40iAvenue ADDRESS: Kcn4 Washington 99032 n Attm Jerry McCaughan { �( 1\nvJa3oi ,We,�t8b34- moNE ?4 31 V8 Lt STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners,hereby respectfully request that certain G� hereby be vacated. Legal Description of Street/AIIey Sought to be Vacated (Must Contain Total Square Feet of Area Sought To Be Vacated) ,Pci,::7�x TO i9T XCHCJ) 4WIZ?/T Iq BRIEF STATEMENT WHY VACATION IS BEING SOUGHT , I A'ME$EF 'tide report must be submitted with this application that covers all the abutting properties contiguous to alley or street sought to be vacated. When Corporations, Partnerships, etc. are being signed for, and then proof of individual's authority to sign for same shall also be submitted. Attach a color-coded map of a scale of not less than 1"s 200'of the area sought for vacation. (NOTE) Map mast correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT# SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC.TOWN.RG. `a$; r g6a.6 --b 8 •�& 5a33-6 �1 �Ql �tr ��oL a8�� bs g aaU,�)a S 150.00 Fee Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. T%-_J A__-I" r1.d- RECEIVED EXHIBIT "A" JAN 1 61003 �f PRO<'E4 zKEM 'EMENT THAT PORTION OF SE 266' STREET LYING WITHIN THE NE 'W OF THE SE W IN SECTION 28, TOWNSHIP 22 NORTH RANGE 5, E.W.M KING COUNTY, WASHINGTON. EXCEPT THAT PORTION, THEREOF IF ANY, LYING WITHIN THE EASTERLY 50.00 FEET AND THE WESTERLY 50.00 FEET OF SAID SUBDIVISION I RECEIVED QTY OFPROPERTY M AGE �WGEh1fiN7" awl II �.. « w e .. w r� � •a" Al. r•w s•t�•e"w a m a �t A t a IO 1 w �y,"r: • to 1� � �t 3 a., ..• —r ttf a� y � tea* /1•. `ya a a r it SI�� 3 c t0T t Z�I 1; be NtP li � � e LGT ! M 1 © Al "v t 4 ...u H .4R6q ✓ �ATG it [•ti. . ♦ y W n I P I 1 of 1p . ;s ^ +irk ,•r , f c ti t N l f � ly VSFM A VC SF G §a� CC ----------- �----------------'--- - Ng � •--------------'us:o eve u-------.' U 4 ` e� a N+ Mlcwl 1 s WAY VAGAr M EM"If MfL LAW HIGHLAND PARK Ij; v q C M^W RfM1 N14M3lOM rA COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES llslKEN T Charlene Anderson,AICP, Manager W"5 H 1 N G O H Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 March 11, 2003 TO. MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP,PLANNING MANAGER RE: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF SE 266TH ST BETWEEN 128TH AND 132"o AVENUES SE #STV-2003-1 (KIVA#2030665) Hearing Date March 18, 2003 Recommendation: APPROVAL WITH CONDITIONS I Name of Applicant Mr Mack Holland Pacific Land Consulting Inc 13619 Mukilteo Speedway#603 Lynnwood, WA 98037 II Reason for Requesting Street Vacation The applicant requests the vacation in order to facilitate development of his site III. Background SE 266`h Street between 128ih and 132"d Avenues SE is an unopened right of way lying on the East Hill of Kent just north of King County Metro's Park `N Ride lot off 132"d Avenue SE The City obtained the right of way in 1996 via the Meridian Annexation As an unopened right of way, and because the City obtained it without cost, the right of way is a Class "C"right of way, for which vacation the City may require compensation at one-half the appraised value. The proposed street vacation is being requested to facilitate development via the Highland Park Subdivision The applicant is proposing to subdivide approximately 9 79 acres into 26 single-family residential lots The proposed subdivision includes three sensitive area tracts Property north and east of the proposed right of way vacation area is owned by the City of Kent for development as a neighborhood park. The SE 266'h Street #STV-2003-1 (KIVA#2030665) Staff Report Page 2 right of way provides a buffer between the park and future residences within the Highland Park Subdivision Vacating the right of way removes the buffer A similar request for vacation of SE 266`h Street was approved by the City Council on June 18, 2002. That application expired for time. This new application also includes some additional right of way to be vacated. IV. Staff Recommendation Staff notified the following departments and agencies of this proposed street vacation ■ Public Works Department ■ Police ■ Parks, Recreation and Community Services ■ Fire and Life Safety • Puget Sound Energy ■ Qwest ■ Department of Transportation ■ METRO Transit Division After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of SE 266`h Street between 128`h and 132"d Avenues SE, as described in Resolution#1634 and as shown on the accompanying map, be APPROVED with the following conditions• 1) The Applicant/Owner shall compensate the City in US currency for one-half the appraised value of the right of way being vacated, or in lieu of money, the Applicant/Owner may compensate the City in property (or a combination of property and money) of equal or greater value, should said property be both acceptable to and agreeable by the City. 2) The City shall retain the westerly 20 feet of this proposed vacation such that the right of way width for 128`h Avenue SE when combined with the existing westerly 30 feet of right of way therefore shall total 50 feet Furthermore, the City shall retain the easterly 50 feet of this proposed vacation as measured westerly and perpendicular to the easterly section line of the SE quarter of Section 28, Township 22 and Range 5 of King County 3) The Applicant/Owner shall grant to the City an easement over, upon and under that portion of the right of way proposed to be vacated that represents the northerly projection of the Springwood Detention Pond Easement per Document No. 9209090337 as if it were to extend through said right of way. 4) The Applicant/Owner shall grant to the City a 20-foot-wide easement for pedestrian, pathway and utility purposes over, under and upon that portion of the right of way #STV-2003-1 (KIVA#2030665) Staff Report Page 3 proposed to be vacated as determined necessary by the City's Public Works Director and Parks and Recreation Director to allow public access and utilities to and from the west, including to and from 128`11 Avenue South to the City's park property which abuts the easterly and northerly half of this proposed street vacation The language of such easement document shall not restrict public access to the use of the park but will allow free public travel (non-motonzed) between 128`h and 132"d Avenues SE 5) Should any funds be received by the City from the vacation of this right of way, said funds shall be deposited in the City's school Pedestrian walkways improvement fund (Fund #R20036) 6) No buffer area will be required from the City along the new northern property line between the residential area and the future neighborhood park. 7) Applicant will grant appropriate ingress, egress and utility easements to any parcels that would otherwise become landlocked as a result of this street vacation CA S \Peniut\Plan\vacations\2003\2030665-2003-1 DOC Enclosure—Map cc Mark Holland,Pacific Land Consulting Inc, 13619 Mukilteo Speedway#603, Lynnwood, WA 98037 George Webb,26524 128'h Ave SE,Kent WA 98030 Jerry McCaughan,Property Manager RECEIVED EXHIBIT "G" JAN 16 2003 F'ROPERmTY ZOGEMENT THAT PORTION OF SE 266TH STREET LYING WITHIN THE NE 14 OF THE SE 'A IN SECTION 28, TOWNSHIP 22 NORTH RANGE 5, E.W.M KING COUNTY, WASHINGTON. EXCEPT THAT PORTION, THEREOF IF ANY, LYING WITHIN THE EASTERLY 50.00 FEET AND THE WESTERLY 50.00 FEET OF SAID SUBDIVISION i EXIGIT G Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: AGREEMENT WITH KING COUNTY TO TRANSFER FUNDS — AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Operations Committee, approve of and authorize the Mayor to sign the agreement with King County to transfer Unobligated Community Development Block Grant funds to the City of Kent's HUD Line of Credit. The City of Kent is now an Entitlement Jurisdiction and will receive funds directly from HUD into a dedicated line of credit. A balance of$171,805.00 remains with King County from 2002 CDBG funds. In accordance with statutes, a separation agreement must be executed outlining the balance of the remaining funds and the method of transfer of those funds to the City. 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Staff and Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6S INTERLOCAL AGREEMENT BETWEEN THE URBAN COUNTY OF KING AND THE METROPOLITAN CITY OF KENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT entered into between the CITY OF KENT ("City") and the COUNTY OF KING ("County") this day of , 2003, transfers responsibility for certain planned Community Development Block Grant activities, as more fully described below, from the County to the City, and in consideration also requests the US Department of Housing and Urban Development to transfer associated unobligated grant funds from the County's letter of credit to the City's letter of credit. WITNESETH: WHEREAS, the County has entered into contracts with the United States of America through its Department of Housing and Urban Development ("HUD") to execute the Urban County's Community Development Block Grant ("CDBG") Program under the Housing and Community Development Act of 1974, as amended("Act"); and WHEREAS, on August 19, 1999, the County and the City entered into an Interlocal Cooperation Agreement to allow the County to carry out community development activities in the City using FY2000, FY2001, and FY2002 CDBG funds; and WHEREAS, the City sent written notice it elected not to participate in the King County CDBG Consortium after December 31, 2002, and WHEREAS, the City became a Metropolitan City under the Act on January 1, 2003, and now as a Metropolitan City, will receive and administer its own CDBG entitlement in FY2003 and beyond; and WHEREAS, Section 106 (c)(3) of the Act allows the Secretary of HUD to transfer unobligated prior year grant funds from the County to the City, provided that the funds to be transferred have been programmed for use in the City and the City agrees to assume responsibility for the activities; and WHEREAS, the County, as of this date, has unobligated 2002 CDBG funds totaling $171,805 that have been programmed for use in the City on project number CO2517 Kent Human Services One-Stop Acquisition and Design ($116,002) and project number CO2526 Kent Home Repair($55,803); and is WHEREAS, the City agrees to accept obligation and responsibility for the administration of these unobligated funds from the County to the City, in accordance with Section 106(c)(3) of the Act, NOW,THEREFORE, the parties agree as follows: 1. This Agreement shall constitute a request to HUD to transfer $171,805 of Community Development Block Grant funds from the County's Letter of Credit to the City's Letter of Credit, as soon as practicable by HUD. 2 The C ity,u Pon t ransfer o f t hese funds t o t he C ity's Letter o f C redit b y HUD, shall accept responsibility for carrying out the Kent One Stop Acquisition and Design project and the Kent Home Repair program with the funds being transferred. The City shall follow all Consolidated Plan regulations (24 CFR 91) regarding change of use of funds including the annual action plan amendment procedures, including citizen participation and HUD notification requirements If there is a change of use of the funds the City of Kent will notify King County and will provide written documentation of said change including citizen participation and notification to HUD. 3. The County agrees that it accepts all obligations and responsibilities to HUD for the expenditures and unlrgwdated obligations associated with these activities before the time of transfer to the City. All audit and monitoring findings associated with expenditures and obligations before the time of transfer shall remain with the County. 4. The City agrees that it accepts all other obligations and responsibilities for administration of the unobligated funds stated herein. These obligations include, but are not limited to, the Housing and Community Development Act of 1974, (Public Law 93- 383) as amended; the Regulations of the Department of Housing and Urban relating to Community Development Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulation commencing with Section 570.1); the assurances (HUD Form No. 7068);program reporting; and any audit and monitoring findings. 5. The City shall retain any program income that results from the activities funded with these transferred funds, and the County shall retain any program income that results from the County-funded CDBG activities before the time of transfer. 6. The City agrees to fully indemnify, defend, and save harmless the County against any and all loss, damage, liability, claim, demand, suit, or cause of action resulting from injury or harm to any person or property ansing out of or in any way connected with the performance of this Agreement, excepting only such injury or harm as may be caused solely and exclusively by the negligence of the County. 7. This Agreement shall take precedence over any conflicting clauses in the August 19, 1999 Community Development Block Grant Interlocal Cooperation Agreement. 8 This Agreement i s null and void i f HUD declines to transfer the funds from the County's letter of credit to the City's letter of credit. IN WITNESS WHEREOF, the parties have executed this Agreement on the year and day first above written. KING COUNTY,Washington, a political CITY OF KENT, a municipal subdivision of the State of Washington corporation of the State of Washington By. By: Signature Signature Printed Name Printed Name • Title: Title: I Date: Date: APPROVED AS TO FORM: NORM MALENG KING COUNTY PROSECUTING ATTORNEY Margaret Pahl,King County Prosecuting Tom Brubaker,Kent City Attorney Attorney Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: CLARK LAKE PARK AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Parks Committee, approve of and authorize the Mayor to sign the Clark Lake Park Agreement with Aquatic Resource Consultants to develop a Conceptual Plan to assess the aquatic life and the outfall of Clark Lake A $30,000 00 grant was received from the Community Salmon Fund in November 2002 to restore the Clark Lake outfall and create a better habitat for wildlife. A fish biologist is working with City staff to design and make recommendations for the restoration. Staff will be recruiting volunteers to plant the identified restoration areas at the outfall during ReLeaf 2003. 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 EXPENDITURE REOUIRED: $30,650.00 SOURCE OF FUNDS- $5.00 from Capital Proiect Clark Lake Outfall Budget (P20025) and $25,650 from Capital Project Clark Lake Park Management Plan Budget (P20027) 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6T KENT W w3MIMOTOM CONSULTANT SERVICES AGREEMENT between the City of Kent and Aquatic Resource Consultants THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Aquatic Resource Consultants organized under the laws of the State of Washington, located and doing business at 1606 Nob Hill Avenue North, Seattle, Washington 98109, (206) 285-7332, (206) 283-0602 FAX(hereinafter the"Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide labor, materials and equipment to develop a conceptual plan for Clark Lake Park that assesses the terrestrial and aquatic life of the Iake, the lake outfall and the land currently owned by the City around the lake as described in the Consultant's proposal dated March 31, 2003 and attached as Exhibit A. Consultant fiuther represents that the services famished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. H. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I within 180 days. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Thousand, Six Hundred Fifty Dollars and NO/100ths ($30,650.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- 1 IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty(30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIIVIINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, 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 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNFFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds too avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or'resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit #B attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT-2 IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. . X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without Lability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. XIH. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. i i B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those j covenants, agreements or options,and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT-3 D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. 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 and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 0 CONSULTANT SERVICES AGREEMENT-4 IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. NSUL ANT: � ,rywy.� /! By: OF KENT: By. /YID ` Dy: (st alu") (s+gnarwe) Print Name- Alan W. Johnson Print Name: Jim White Its Princi al Its Mayor (T:r (7Frte) DATE: s � DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Alan Johnson Perry Brooks Aquatic Resource Consultants Parks Planning&Development 1606 Nob Hill Avenue North 220 Fourth Avenue South Seattle, Washington 98109 Kent,WA 98032-5895 (206) 285-7332 (telephone) (253) 856-5114(telephone) (206) 283-0602 (facsimile) (253) 856-6050(facsimile) APPROVED AS TO FORM: ATTEST: om Brubaker, Kent City Attorney Brenda Jacober,Kent City Clerk PlanDev/Conttacts/Clerk Lake Park Aquatic Resource CONSULTANT SERVICES AGREEMENT-5 EXHIBIT A Aquatic Resource Consultants 1606 Nob Hill Avenue North, Seattle,Washington 98109 (206)285-7332 Fax. (206) 283-0602 March 31, 2003 TO: Perry Brooks City of Kent Parks Department FROM: Alan W. Johnson RE: Proposal for Developing A Concept Plan for the Clark Lake Park Per your request, I prepared a proposal for developing a conceptual plan for the Clark Lake Park. This plan would provide an assessment of both the terrestrial and aquatic life of the lake,the lake outfall up to 240th St. and the land currently owned by the City around the lake. From that, we would provide a management plan that could include specific restoration details including details regarding the stream corridor, suggestions related to historic and current fish and wildlife, and activities that should be allowed on the site and where those activities could occur. Our project team is very interested and excited about developing a conceptual plan for this park. Our team is known for our work in aquatic resources and wetlands. We have extensive experience in fisheries, stream restoration, plant ecology, design, and wildlife throughout the range of habitats in the Pacific Northwest The project team will consist of me (stream restoration, landscape ecology, project management), Patrick Trotter (historical ecology, fisheries) and Sheldon and Associates (vegetation, wildlife,park planning). The following draft list of tasks and costs is inclusive for the entire team Because there are different combinations of team members and billing rates,the total hours and accompanying costs may vary. Our proposal is as follows: Project Task Costs Assumptions Project Management 2,09000 Task 1 Document Existing Conditions 1.1 Site Inventory(vegetation, All necessary base maps(including paper fisheries,wildlife 6,88000 copies)and information to be provided by client. 12 Historical Review 2,08000 1.3 Wnte-up 2,410.00 Task 2 Identify Opportunities and Constraints 2 I Identify opportunities and 1,11000 constraints 2 2 Refine goals and objectives 1,11000 Task 3 Develop Draft Produce and distribute report template to Management Plan 5,46000 project team prior to development/wntmg draft report Final report estimated to be 50 pages or less Task 4 Develop Final Team will prepare two bound copies of final Management Plan 5,790.00 report with one CD copy Any ArcView or GIS compatible maps will be generated by client as needed for management plan Task 5 Meetings 5 1 Project Team Meetings 1,940.00 5 2 Meetings with the'advisory, 1,780.00 Assumes one meeting of entire project team board with advisory board TOTALS $30,650.00 We look forward to your review and input on this proposal. If you need additional information or have questions,please contact me. Thank you again for contacting me concerning this opportunity. Our team looks forward to finalizing this proposal and then working with you on this project. CA� EXHIBIT B 0 INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor,their agents, representatives,employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned,hued and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors,products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested,has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall famish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 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 Agreement 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 Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement 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 Agreement; 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 Agreement 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 Agreement the prime contractor will provide a written statement to all ne4e employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I,the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, 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 #vl day of 2003. By: ojy 'V For: , Title: Date: d urn nnAfDT TATQrF rTnrTTMFWS - ] CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 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 opportunity within their organization and, if holding Agreements 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. iActively 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 Agreement. 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. i EEO COMPLIANCE DOCUMENTS-2 CERTIFICATE OF INSURANCE (Aries that Ga STATE FARM FIRE AND CASUALTY COMPANY,Bloomington,fl6nois ❑ STATE FARM GENERAL INSURANCE COMPANY,Bloomington,Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY,Scarborough,Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven,Florida ❑ STATE FARM LLOYDS,Dallas,Texas insures the following policyholder for the coverages indicated below Name of policyholder JOHNSON,ALAN W DBA AQUATIC RESOURCE CONSULTANTS Address of policyholder 1606 NOB HILL AVE N SEATTLE WA 98109.3142 Location of operations SAME Description of operations BUSINESS-OFFICE The policies listed below have been issued to the policyholder for the policy periods shown The insurance described in these policies is subject to all the terms exclusions,and conditions of those policies The limits of liability shown may have been reduced by any paid dams - POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : E10re8on Dab (at beginning of policy period) Comprehensive BODILY INJURY AND Business Liability PROPERTY DAMAGE This insurance includes ❑Products-Completed Operations ❑Contractual Liability ❑Underground Hazard Coverage Each Occurrence $ ❑Personal injury ❑Advertising Injury General Aggregate $ ❑Explosion Hazard Coverage ❑Collapse Hazard Coverage Products—Completed $ ❑ Operations Aggregate 11 POLICY PERIOD BODILY INJURY&PROPERTY DAMAGE EXCESS LIABILITY Emotive Date : E1ipFallonDate (Combined Single Umit) ❑Umbrella Each Occurrence $ 1,000,000 00 988C48877 F 0 Omer 11l08l02 11/08/03 Aggregate $ 2,000,000 00 Part 1 STATUTORY Part 2 BODILY INJURY Worker's Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease-Policy Lama $ POLICY PERIOD LIMITS OF LIABIUTY POLICY NUMBER TYPE OF INSURANCE Effective Date : Explydl(on Data (at beginning of policy period) $ $ S THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN If any of the described policies are canceled before its expiration date ,Sta a Farm will try to mail a written notice to the certificate holder 30 Name and Address of CerbBrate Holder 1raj�i¢efore cancellation If hhhrrrJJJwever, we fail to,man such police no bl at�eaA li lity will I ed on State pa or its agents or CITY OF KENT TPfesbnh tiv I1 ATTN PHIL NOPPE 1 UU 220 4TH AVE S KENT WA 98032.5838 SVo U , Dater / Agent's Code Stamp AFO Code 106399 1 Rev 11 04 2002 NO E& SEA W E i RO 1 • r; i4RMST RTF SUR�MCE APRIL 16, 2003 Fire Policy Status B Ph, (206) 285-7332 JOHNSON, ALAN W FIRE Policy: 98-BC-9887-7 F Yr issd: 1993 DBA AQUATIC RESOURCE Xref: CONSULTANTS 1606 NOB HILL AVE N Location: 1606 NOBHILL AVE N SEATTLE WA 98109-3142 SEATTLE WA 98109 Term: CONT Type: BUSINESS-OFFICE Renew date: NOV-08-03 Coverage information Premium: 270.00 B-BUSN PROP 19100 C-LOSS INC ACT LOSS L-BUSN LIAB 1000000 Amount paid: 270.00 GEN AGGREGT 2000000 Date paid: OCT-31-02 Bill to: INSD M-MED/PERSN 5000 Prev prem: 451 Prev risk: 16,800 Deductibles applied: 500 ALL PER OTHER DED MAY APPLY 0 Messages: Year built: 1926 Constr: FRAME Zone: 14 Prot class: 2 STATE FARM INSURANCE APRIL 16, 2003 Fire Policy Status ADDL INSURED - SECTION II CITY OF KENT ATTN: PHIL NOPPE 220 4TH AVE S KENT WA 98032-5838 LOAN NO: EXP 11/08/95 ADDL INSURED - SECTION II GRAY & OSBORNE Prem adj : YRBUS $ 21 /RENYR $ 40 ATTN WARREN PERKINS CHR C 20.0% 701 DEXTER AVE N STE 200 SEATTLE WA 98109-4341 FMP seg: 99 0 PROPERTY LOCATIONS LOC ADDRESS LIABILITY STCLS BLD AMT CONTENTS PREMIUM EXPOSURE LIMIT PREMIUM 001 1606 NOBHILL AVE N SEATTLE WA 98109 862 19100 209 1000000 MPY-12-2023 15 56 r U: trGR11r 1YMlc VI II�V./.w.vr T i F at (A STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough Ontario su..rce ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Flonda ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below Policyholder DHA AQUATIC RESOURCE ALAN JOHNSON Address ofpolicyhoider 1606 NOB RILL AVE N SEATTLE WA 98104 Location of operations SAME Description of operations BUSINESS The polices Ilsted below have been issued to the policyholder for the policy periods shown The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies The limits of liability shown may have been reduced by any paid claims, POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expirallon Date (at beginning of policy penod) Comprehensive BODILY INJURY AND 98-BC 9691 7 Business Liability 11-08-02 11-08-D3 PROPERTY DAMAGE - -r - ' - -" --- Thrs' insurance- - includ-e- --s ❑Products---- - - Completed---' - Operations'- - ---------- 0contractuat Liability ❑underground Hazard Coverage Each Occurrence $ 1000000 ❑ Personal Injury ❑Advertising Irwry General Aggregate $2000000 ❑ Explosion Hazard Coverage ❑Collapse Hazard Coverage Products-Completed $ ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date F�nabon Date (Combined Single Limit) ® Umbrella 11/26/02 11/26/D3 Each Occurrence $ 2,000,000 ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Lability Each Accident 5 Disease-Each Employee$ Disease- Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY Effective Date EgAmbon Dale (at beginning of policy period) 333-8072 AUTO INSURANCE 11/26/02 11/26/03 2, 000,000 LIABILITY THE CERTIFICATE OF INSURANCE 13 NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN, ADD'L INSURED If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation if however, we fail to mail such notice, o bhgation or li biI ty wi I fie imposed on State CITY OF AVEa ge s r p nt v s 220 9 VE SOUTH ,Up., RENT WA. 98032 i nature of thonzed fte! ae Lve YNT 05/12/0 Tide e Agent`s Code Stamp AFo Code 1638 S59-994 a 4 11-12-2M2 Pnnwd M U S A NOYES 103 SEA METRO F483 MAY-12-2003 15.56 p 02 s ran screw INSV PPN(y MAY 12, 2003 Fire Policy Status B Ph. (206) 285-7332 JOHNSON, ALAN W FIRE Policy: 98-BC-9887-7 F Yr issd: 1993 ABA AQUATIC RESOURCE Xref: CONSULTANTS 1606 NOB HILL AVE N Location: 1606 NOBHILL AVE N SEATTLE WA 98109-3142 SEATTLE WA - 98109 Term: CUNT Type: BUSINESS-OFFICE Renew date: NOV-08-03 Coverage information Premium: 270 . 00 B-BUSN PROP 19100 C-LOSS INC ACT LOSS L-BUS4}, cIA�; :100gq0t�P�-. Amount paid: 270 . 00 GEN 'AGGREGT 2000000, Date paid: OCT-31-02 Bill to: INSD M-MED/PERSN 5000 Prev prem: 451 Prev risk: 18, 800 Deductibles applied: 500 ALL PER OTHER DED MAY APPLY Messages: Year built: 1926 Constr: FRAME Zone: 14 Prot class: 2 Kent City Council Meeting Date MU 20, 2003 Category.Consent Calendar I. SUBJECT: DRINKING DRIVER COUNTERMEASURE GRANT—ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Safety Committee, approve the proposed Washington Traffic Safety Commission grant in the amount of $65,750 and establish budget documents as required. The Kent Drinking Driver Task Force (DDTF) has applied for the grant funding from Washington Traffic Safety Commission (WTSC) and anticipate receiving the State- signed original authorization with final allocation and budget summary early in June. 3. EXHIBITS: WTSC �' Project agreement: Sections 1,2,3 and Addendum A; and letter J of support from Washington State Safety Restraint Comm, 5/2/03 4. RECOMMENDED BY: Public Safety Committee 5/19/03 (Committee, Staff, Examiner, Commission, etc.) 5.• UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X Scheduled in this year's budget as on-going funding 6. EXPENDITURE REQUIRED: Revenue of$65,750 SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6U Community DUUTraf c Safety Task Force Project Agreement Revised 3118/03 Washington Traffic Safety Commission 1000 South Cherry Street PO Box 40944 Olympia,Washington 98504-0944 Phone(360)753-6197 Fax(360)586-6489 www we gov/wtsc Section 1 —Authorization Project Title: Kent Drinking Driver Countermeasure Program Ownership of facilities or equipment, acquired through this funding, shall be vested with the applicant agency, not the state of Washington. However, facilities or equipment acquired through this agreement shall be utilized and retained in highway safety operations during the useful existence of such equipment or facilities. Costs incurred for maintenance, repairs or support of such equipment or facilities shall be borne by the applicant agency. Further, it is understood and agreed that the activity covered by this project, as more particularly described in sections 2 and 3 attached thereto and made a part hereof, is undertaken under authority of Title 23, USC and is subject to the administrative regulations established by federal guidelines and the WTSC. AvPlicant A enc /Or anization Kent Police Department Applicant Agency Project Director Name Ed Crawford Title Chief of Police Signature Address City of Kent 220 4'"South Kent,WA 98032 E-mail Address nmathews(dcl kent wa.us Area Code 253 Phone 856-5882 plicant Agency A honzmg Official(person with contracting authority)if different from above: �� g g-a c)�. �� rtle _organization C '� Addre Signatu 70 1 1 1 pity,State,Zip Phone WTSC Use Only WTSC Program Manager. Gina Beretta WTSC Tracking Number Planned Project Duration From:July 1.2003 To: June 30,2005 Approved by: Name: Project Number Title: Director.WTSC Funds(obligated)$ Signature: Date: 0 Certifications and Assurances It is hereby understood that this application and attachments hereto, when approved and signed by all concerned parties, as indicated shall cons�tt��tu,le ar agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a v This agreement is based cat guidelines found tin the Common Rule,OMB Circular A-102,in order to standardize and amplify federal grants. The signature far authorized representative of the applicant agency certifies and assures that all the following conditions will be met 1) Reports—The Contractor shall submit quarterly reports,a final report at and of project,and submit special reports as outlined Project Agreement,Addendum A.Billing and Report Requirements 2) Cwvnahty.Publications,and Patents—Where activities supported by this project produce original copyright material,the Contractor may copyright such,bu the WTSC reserves nonexclusive and irrevocable license to reproduce, publish,and use such materials and to authorize otters to do so The Cmnracto may publish, at its own expense,the results of project activities without prior review by the WTSC provided that any publications(written, visual,or sound contain acknowledgment of the National Highway Traffic Safety Administration(NHTSA)and the WTSC support. Any discovery or invention denied from work performed under this project shall be referred to the WTSC,who will determine through NHTSA whether or not patent protections will be sought, hod any rights will be administered,and other action required to protect the public interest 3) Termination — This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any tans upon written notice to the Contractor due to non-availabdily of funds,failure of the Contractor to accomplish any of the terms herein,or from any change in the scope or tuning of the project 4) Fiscal Records—Complete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project,including documentatior of all purchases of supplies,equipment,and services.travel expenses;payrolls,and time records of any person employed pan-tire on this project Fedem state,or WTSC auditors shall have access to any records of the Contractor. These records shag be retained for three years after the final audit is completed and all questions resolved. 5) F n i —The Contractor will utilize funds provided therein to supplement and not to supplant state and local funds otherwise available for these purposes Funds are to be expended only for purposes and activities approved herein Reimbursement will be made periodically by WTSC for its share based on approved cost reports The Contractor will expend from nonfederal sources the required matching amounts,which shall be expended not later than 30 days following the completion of the projects 6) Cost Principles and Grant Management—The allowabriity of costs incurred and the management of this project shall be determined in accordance with the Office of Management and Budget(OMB)Circular A-87 and 49CFR, Part 18 for state and local agencies, OMB Circulars A•21 and A-110 for educational institutions,and OMB CircularA-122 for nonprofit entities 7) Obligation Funds—Funds may not be obligated prior to the effective date or subsequent to the termination date of this project period Obligations outstanding as the terrunation date shall be liquidated within 30 days 8) Changes—The Contractor must obtain prior written approval from the WTSC for major project changes,Including changes of substance in project objectives, evaluation,activities,the project manager,key personnel,or project budget 9) Income—Income earned by time Contractor with respect to the conduct of the project(sale of publications, registration fees,service charges, etc)must be accounted for and income applied to project purposes or in reduction of project costs 10) Purchases—Purchase of equipment Or services must comply with state or local regulations After the end of the project penod,equipment will cont be utilized for highway safety purposes or will not be disposed of without written approval of the WTSC The Contractor shall make and maintain an h of equipment to include descriptions,serial numbers,locations,costs or other identifying information,and submit a copy to the WTSC 11) Third Party Participants—No contracts or agreements may be entered into by the Contractor related to this project,which are not incorporated herein and approved in advance by the WTSC. The Contractor will retain ultimate control and responsibility for the project WTSC shag be provided with a copy of all such contracts and agreements entered into by Contractors Any contract or agreement must allow for the greatest compehasn practicable and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the WTSC 12) Participation by Disadvantaged Business Enterprises—The contractor agrees to take all necessary and reasonable steps in accordance with Title 49,CFR Subtitle A. Part 26 to ensure that mmonty business enterprises have the maximum opportunity to compete for and perform contracts Recipients and then contractors shag not discrumnate on the basis of race, color,national origin,or sex in the award and performance of any subcontracts financed in whole or in part with Federal funds 13) Americans with Disabilities Act—In the performance of this agreement,the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 2DOd, Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49 60 RCW,and Title I of the Americans with Disabilities Act 42 USC 1211- 12117 as now or hereafter amended. The Contractor shall not discriminate on the grounds of race, color, national ongin,sex, religion, mental status, age, creed,Vietnam-Era and Disabled Veterans status, or the presence of any sensory,mental, or physical handicap in any terms and conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part and denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services,or otherwise afforded others 14) Political Activities—No funds,materials, equipment, or services provided herein shag be used for any partisan political activity or to further the election of defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of congress,or an employee of a member of congress, an officer or employee of congress in connection with the awarding of any federal loan or the entering in of any cooperative agreements. 15) Single Audit—State and local governments that receive federal assistance are subject to the audit requirements of the Office of Management and Budget (OMB)Circular A-128 An institution of higher education or a nonprofit entity must comply with audit requirements in OMB Circular A-133 An independent audit of the financial operations, including compliance with provisions of federal law and regulations of all funds expended,must be arranged for by the contractor. A copy of the completed audit must be submitted to the WTSC 16) Seat Ben Polmw—No funds,materials,property,or services will be provided to any political subdivision that does not have a concurrent and actively enforced policy requiring the use of seat belts. 17) Drug Free Workplace — In accordance with the Anti-Drug Act of 1988 41 USC 702.707 and Drug-Free Workplace, 42 USC 12644, the WTSC has the responsibility to ensure that unlawful manufacture,distribution,dispensing, possession or use of a controlled substance by any employees,grantees,and/or sub-grantee of the Agency amdior any such aebvity,Is prohibited in the workplace 18) Debarment and Suspension - The applicant agency certifies,by submission of the proposal,that neither it or 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 n Applicant Agency Authorized Signature Date '/ Washington Traffic Safety Commission Pro *ect Agreement Section 2 Description of Activity The mission of the Kent Dnnkmg Driver Task Force is to increase awareness of traffic safety issues with an effort to reduce the number and severity of traffic collisions through problem analysis, identification, enforcement and education Problem Identircation Kent's population of 85,651 has increased more than 116% in the past ten years, making it the seventh largest city in the State. In addition, the sphere of Task Force program delivery often reaches the nearly 650,000 citizens of South King County, a population sigmficantly larger than Seattle or the Eastside. In the twenty years since the inception of the Drinking Driver Task Force, the City of Kent landscape has moved from primarily rural and small city to large industrial complexes, with commuter traffic and employment at twice the population. In addition to significant growth, Kent is one of the most racially diverse areas of the State. The City has an increasingly diverse population with large numbers of low income, immigrant and refugee populations who do not know our traffic laws, the consequences or the justification Senior citizens, young children and teens are becoming an increasingly larger percentage of the population. When the Task Force formed in 1983, Kent had the highest alcohol-involved collision rate for a city of its size statewide . . . or 1 in 7 crashes Within the first ten years of Task Force programs, the rate of impaired driver collisions dropped from 12% to a consistent 5% of collisions. By fifteen years, the percentage held near 2%, or 1 in 34 crashes. Between 1998 and 2001, alcohol- involved crashes increased 22%, then decreased 13% between 2001 and 2002 During 2000, in 33% of the alcohol-involved collisions the driver was between 18 and 26 years old. Due to increased emphasis, DUI citations are up, and total collisions, which rose 28% from 1998 to 2000, showed only a 6% rate of increase between 2001 and 2002 Fatal collisions rose 60% between 1998 and 2002. There were 5 fatals in 1998; 1 in 1999; 0 in 2000; 5 in 2001; 8 in 2002; and 3 (to date) in 2003, a rate on pace with the record 2002 fatalities. In the 10 years between 1975 and 1984, 16 youth between the ages of 15 and 19 died in Kent crashes. In the nearly 20 years since, 5 youth have died, a 300% reduction. Between 1996 and 2001, Kent experienced no youth fatalities. Then 2002, in separate incidents, two young children, 2 and 8, were struck and killed when they ran into a roadway, and an 18 year old male died in a three vehicle crash on the Benson Road. hi February 2003, another 18 year old Kentwood student died when his car went off the road and struck some trees in unincorporated King County located just outside the Kent City limits. What does this data, clearly demonstrating successes and new alarming trends, really mean? As a mayor, council and police department advisory board on highway safety in Kent, the Drinking Driver Task Force Steering Committee membership addresses the problems caused by the inappropriate, unhealthy and/or illegal use of our roadways To ensure the safety of Kent streets and highways is a high priority in our community and health promotion programs which support role modeling, leadership and personal responsibility receive our continued commitment and support. During the first quarter of 2003, and armed with current traffic data, the Steering Committee met as sub-committees and again as a Committee of the Whole to develop logic models of program strategies which would clearly identify needs assessment data, problem statements, collaborators, goals, strategies, target groups, as well as outcome assumptions and measurement tools. The members then prioritized each strategy based on identified community need, staffing levels and potential funding sources. These working logic model documents are attached. In developing project goals, activities and tasks, the Steering Committee made certain assumptions, based on what can only be described as moving targets around staffing, funding opportunities, and the most challenging highway safety issues in Kent Not unlike other cities, Kent is experiencing a significant loss of revenue and exploring ways to cut expenses. Federal, State, Regional, City and community project resources were identified which could support various aspects of Task Force programming. An essential objective was to incorporated how the various strategies might compliment each other, and at the same time, demonstrate effectiveness should funding limitations require that programming elements stand alone. Three program areas, including goals, strategies and target audiences were prioritized Potential resources and staffing levels were identified. They include. Program Resources Staff • Community Traffic Enforcement City of Kent Nancy Mathews impaired driving WTSC Mike Buckingham traffic safety education Corporate & Community 8 high risk behaviors were identified Mini-Grants • Other Highway Safety City of Kent Cesi Medina occupant protection WTSC bike safety Safety Restraint Coalition pedestrian safety Corporate& Community Mini-Grants • Youth Traffic Safety City of Kent Stacy Judd youth traffic safety strategies RUaD Grant Sara Grant underage drinking Mini-Grants education and compliance Corporate & Community youth board leadership youth wellness campaigns Proiect GoalslObiectives (primary) (complete logic models attached) 1) Impaired Driving Community norm of zero tolerance of impaired driving. Reduction within one year of alcohol-involved collisions and resulting injuries and fatalities. Alcohol-involved collisions no more than 1%of total collisions over a five-year project period. Within ten years, sustained zero fatalities caused by impaired drivers, as measured by annual, five and ten-year trend data on alcohol-mvolved collisions as a percent of all Kent collisions. 2) Occupant Protection Increase use and correct use of occupant protection devices and equipment Increase the percentage of car seat and seatbelt usage (71-87% - Nov/Dec 2002 — two year projected increase to Statewide average of 93%). Decrease the percentage of unintentional injury/death for children 0-17. The program will record prevention/education activities, seats distributed to families in need, car seat inspections, and citations issued. Observational surveys and collision data will also measure increased use resulting in a reduction of injuries. 3) Youth Traffic Safety Increase responsible driving habits among youth. Education activities identified and implemented by the Youth Board will increase responsible driving habits leading to a decrease in youth involved crashes and fatalities as measured by traffic data, attendance records, as well as quantitative and qualitative effectiveness evaluations focusing on knowledge gained and attitude measurement. 4) Underage Drinking Education Change the current perception that underage drinking is acceptable. Student self assessed attitudes toward drinking will indicate that underage drinking is not acceptable resulting in a reduction of underage alcohol consumption, as measured by attendance records and program descriptions, in addition to evaluations on effectiveness of program implementation. 5) Underage Drinking Compliance Checks Reduce number of sales of alcohol to minors. Strategies will include compliance checks and subsequent consequences, business education and incentives resulting in an 80%business compliance rate over one year and a long- term outcome that repeated compliance checks of the same businesses will demonstrate 100% compliance. Proiect Goals/Obiectives(secondary) 6) Traffic Safety Education To increase responsible driving habits and improved highway safety. Strategies will lead to an increase in citations for targeted issues and a decreased in crashes and fatals. Long term outcomes will demonstrate safe, responsible driver behavior and a significant reduction in incidents of the targeted driving behavior as measured by the number of education/enforcement campaigns, citations, collisions, numbers reached, publicity, materials and surveys. 7) Bicycle Safety Increase use of safety equipment by users of non-licensed wheeled devices. Programs will increase awareness and usage and thereby decrease injuries as measured by number of people reached with education,the number of safety products distributed to families in need and observational surveys. 8) Pedestrian Safety Reduce pedestrian injuries and fatalities among targeted problem groups as measured by collision data. 9) Youth Board Leadership To improve and motivate peer to peer leadership through youth driven training and activities. Strategies will increase life skills to carry into adulthood, increase leadership among youth board, increase social confidence and build civic involvement as measured by attendance and project records and effectiveness evaluations. Project Activities and Tasks(primary) 1) Impaired Driving Program will include continued support of DDTF Steering Committee and systems coordination. Community policy decision makers and leaders will implement an education campaign in support of a zero tolerance commumty standard. Kent police will hold six DUI emphasis patrols. (See youth-developed RuaD activities that compliment the effort to achieve a gradual downturn in alcohol-involved collisions by adults and by youthful drivers.) 2) Occupant Protection Strategies will include acquiring more car/booster seats to assist low-income families referred by agencies such as WIC, Headstart, ECEAP, Children's Home Society, DSHS, and Catholic Community Services. Increase opportunities to provide education to children and parents; include occupant protection education in community events;participate in 3-Flags emphasis and education campaigns including 100-car surveys; initiate awareness programs including: Design Contest, Classroom Safety Education, Safety Faun, and Buckle-Up Week. Project will be staffed by a Certified Technician. 3) Youth Traffic Safety Strategies will include youth-developed programs to include driver education courses, graduated licensing and driver distractions such as friends, cell phone use, fatigue, music, and food. An awareness campaign will include peer to peer education and leadership training addressing the dangers of street racing. 4) Underage Drinking Education Demand strategies will include family influence in youth decisions and behavior; expert to youth education; peer to peer education and "follow-up projects, community/family education and media publicity. 5) Underage Drinking Compliance Checks Supply strategies will include collaborative compliance checks (youth operatives, WLCB and KPD) and subsequent consequences, business education and incentives. Project Activities and Tasks(secondary) 6) Traffic Safety Education Targeted campaigns will increase awareness and enforcement strategies over the grant period. Common traits of these collaborative efforts will include: data to support need; patrol and/or traffic emphasis, identified target audience, and content (education, enforcement, compliance, driving public and families, publicity and evaluation.) Eight identified areas of concern include: DUI, pedestrian, speed, street racing, underage drinking, school zone, fatals and occupant protection. 7) Bicycle Safety Strategies will include protective equipment signage on trails and in skateboard parks. Additional funds will be obtained through community donations to provide helmets to youth. Bike and "trike'rodeos, especially popular at day care centers, will encourage rider safety behavior and use of safety equipment in a family-support setting. 8) Pedestrian Safety Collaborators, including KPD traffic, police community education, engineering and driver education classes support Task Force education and awareness efforts promoting pedestrian safety. Bicycle officers will do emphasis patrols near schools where youth dodge traffic in marked crosswalks. Walking routes and traffic patterns are monitored at elementary and secondary Kent schools. A PSA composed of youth-drawn posters promoting pedestrian safety will be run prior to the start of the 2004 school year. 9) Youth Board Leadership The Youth Board addresses youth traffic safety, including drug and alcohol use. It also serves as a forum to establish and articulate community norms to promote zero tolerance of risky behavior such as drug and alcohol use which contribute to crashes, violence and criminal activity. Project Evaluation—Annual The Task Force will provide a quantitative and qualitative documentation of monthly/annual activity including public events (50), emphasis patrols (6), number of contacts (100,000), material distribution (150,000), requests for assistance (1,000), contributions/grants ($100,000), matching support ($200,000) and volunteer hours (500). Quarterly reports will summarize activity, publicity, program summaries and measurement tools used which measure attitude, knowledge and behavior. Data (DUIs, collisions, attendance and follow-up activities, KSD incidents, King County demographics and epidemiology) will be monitored and serve as additional qualitative evaluation. Effectiveness surveys will be conducted at the conclusion of some programs (design contest, youth conference, child passenger safety team events). An annual written analysis of program goals, outcomes and measurement will precede the development of goals and objectives for the succeeding year. (attach sample evaluations) Budget Narrative The WTSC grant dollars will cover between one-half and all of the coordinator's salary and benefits. It will also be used to support program expenditures to include travel, subsistence, and localized material production. The City of Kent will provide administrative and professional support services, operating supplies, postage, facility and equipment,printing,training and other goods and services Community donations of in-kind, cash, fees, goods and services and volunteer time will exceed $110,000. Additional grants will support program funding in excess of$80,000. Total DUI/Traffic Safety Task Force Project request from WTSC is $65,750 for the biennium. Total project budget will be $335,000 annually and $670,000 bi-annually. Kent will request additional program support in the form of grants and corporate funding. Wtsc Task Force Grant-05 Washington Traffic Safety Commission Project Section 3 Budget Summary Budget: (if applicable) WTSC Costs Applicant Matching/ Contributing Cost 1 Salaries and Wages: $ 49,375 $ 302,997 2 Employee Benefits $ 10,293 $ 87,453 3.Travel and Subsistence $ 800 $ 1,082 4 Contractual Services: $ $ 5. Equipment $ $ 6. Goods and Services: $ 5,282 $ 19,122 Other Community Donations/Volunteer Time 129,173 7.Total linesl-6 (Amount Requested from WTSC) $ 65,750 8. Total Imes 1-6(Amount provided by applicant) $ 539,827 Total Project Cost (Add lines 7 & 8): $605,577 WTSC Use Only Cost Sharing Matching Share: (Washington Traffic Safety Commission use only) WSP Field Salaries FY_ Share Amount Percent Applies To Federal: $ State' State* $ Local* Political Subdivision: $ Total Estimated Cost $ SECTION 3: BUDGET AND COST SHARING - (Two Years) State City Total is 1. Employee Wages $ $ $ a. Program Coordinator (.75 FTE) 49,375 49,375 98,750 b. Public Ed Spc (.875 FTE) 81,973' 81,973 c. Public Ed Spc (.875 FTE) 81,973' 81,973 d. Program Assistant (.50 FTE) 44,580 44,580 e. Program Assistant (37 hrs mo) 17,760' 17,760 f. Overtime 750 750 g. Project Director (5%) 10,944 10,944 h. Unit Supervisor (5%) 8,550 8,550 i. RUaD Enforcement Supervisor (2 '/2 %) 4,092 4,092 j. City Staff Support 3,000 3,000 Total Wages $ 49,375 $302,997 $352,372 Explanation of Wages: a. Program Coordinator: 30 hours week b. Public Education Specialist- 35 hours week (Highway Safety Specialist) c. Public Education Specialist: 35 hours week (Youth Program Manager) d. Program Assistant: 20 hours week (DDTF Support) e. Program Assistant: 37 hours month (Highway Safety Speaker) g.-J. Support positions include police chief, unit lieutenant, RUaD lieutenant, city accounting,-legal, graphics, human services, public education, parks, etc. " grant applications are pending to fund a portion of these three salaries. State c1tv Total 2. `Employee Benefits $ $ $ $ a. Program Coordinator 10,293 10,293 20,586 b. Public Ed Spc 1 34,344' 34,344 c. Public Ed Spc 2 27,216' 27,216 d. Program Assistant 8,400 8,400 e. Program Assistant 1,584' 1,584 g. Project Director (5%) 1,608 1,608 h. Unit Supervisor (5%) 1,968 1,968 i. RUaD Lieutenant (2 '/2%) 984 984 g. City Support Staff 1,056 1,056 Total Benefits $ 10,293 $ 87,453 $ 97,746 State C_yt Total 3. Travel and Subsistence $ $ $ a. Travel/Subsistence 800 1,082 1,882 Total Travel/Subsistence $ 800 $ 1,082 $ 1,882 Explanation of Travel and Subsistence a:b. May include meals, food and training tuition for volunteers, staff and presenters; WTSC grant $ may be used for either travel or subsistence. State CCt Total 4. Goods &Services $ $ $ a. Office Supplies 1,000 1,100 2,100 b. Postage 1,440 1,440 c. Telephone 2,040 2,040 d. Reprographics 3,000 4,646 7,646 e. Education Materials 1,282 1,282 f. Office Space 9,896 9.896 Total Goods & Services $ 5,282 $ 19,122 $ 24,404 Explanation of Goods & Services a.-e Based on 2003 budget and actual expenditures to date.; f. 400 sq ft x $12.37 sq ft = $ 3,609 State gly Community Total 5. Other Community Donations $ $ $ $ a. In-Kind 16,170 16,170 b. Cash /mini grants 14,982 14,982 c. Fees 3,962 3,962 d. Goods & Services 32,245 32,245 e. Volunteer Time 61,814 61,814 Total Community Donations $ $ 16,170 $113,003 $129,173 Explanation of Community Donations a.-e. Based on previous two year actuals BIANNUAL PROJECT BUDGET 2003 THROUGH 2O05 State CCt Community Total $ 65,750 $426,824 $ 113,003 $605,577 * If grant applications are successful, City expenses would be reduced by$99,733 for wages; $63,144 for benefits. wtscTask Force Grant 03-05 �^.'<A-rci4 .. ` .. ;w!, sa`:,,n'„,ax�.=:'T '��S�.�b�jt Pn:'h�,'� "2{...,y.�_✓Z�Cr 'zC_a y.a.✓. -; v:Y^� -. �i.. �' = _ Washington State Traffic Safety.Commiss'ton .a�t :.v ;s'S'.^. .s_ •,H•b .« -x+ m.n. ..., vy :.ws rr .. - ' , _Project Agreement: T- F Addendum A Billing and Reporting Requirements Billings Invoice vouchers for payment must be prepared monthly unless otherwise authorized and must be received by the Washington Traffic Safety Commission by the 10"'of the month following the billing period Reporting Frequency and Format The Washington Traffic Safety Commission requires three types of reports in conjunction with traffic safety projects 1 Quarterly reports dunng the life of a project; 2. A final report at the conclusion of a project. This is to include training and consultant reports,if applicable,and 3 Special reports as required. Project reports of every kind provide the Washington Traffic Safety Commission with information that can be used to strengthen the state's total traffic safety program. These reports keep the commission informed of a project's progress, explain any difficulties encountered, provide a background of information that can be passed on to others, suggest ways in which the commission can assist with the project and aid in distnbution of state funds Therefore, comprehensive reports are a must for continued improvement in the state's traffic safety operations Quarterly Reports These are to be submitted quarterly and are due in the Traffic Safety Commission's office within fifteen(15)calendar days after the end of the reporting calendar quarter as follows. First Quarter(per year) July—September Report due October 15 Second Quarter(per year) October—December Report due January 15 Third Quarter(per year) January—March Report due July 15 The Traffic Safety Project Report Forms are to be used when compiling these reports All sections are to be filled in as completely as possible. (Use additional sheets, as necessary) If no action has been taken,please so indicate the reason. Any original or innovative ideas or methods employed in your project should be incorporated into your reports Final Report—Due July 30,2005 Final reports are to be more informative and must descnbe whether the project objectives were accomplished,it technical and fiscal problems were encountered,and what improvements in traffic safety have resulted or probably will result Included in final reports will be copies of publications,training reports and any statistical data generated in project execution These final reports should discuss the following, 1. Accomplishments compared to the original project objectives, 2 Were all acbvibes of the project completed as scheduled? Include dates and milestones when studies were completed, equipment acquired,installed and operated, 3. Any unanticipated proceedings that affected the projected, 4 Funding and costs for completion of the project in relationship to original estimates,and 5 Third party performance if consultant was employed. Two copies of consultant reports are to be included with the project director's reports. Special Reporting Special reporting procedures may be required for special interest projects. If so,report format and frequency will be outlined on the reverse side of this forth. 1800 BUCK-UP May 2, 2003 Steve Lind Washington Traffic Safety Commission PO Box 40944 1000 South Cherry Street Olympia, Washington 9504-0944 Dear Steve, I am pleased to wnte in support of the grant application being submitted to the Washington Traffic Safety Commission by the Kent Drinking Driver Task Force. The Safety Restraint Coalition works closely with the occupant protection outreach activities of the Kent Traffic Safety Task Force housed in the Kent Police Department The Kent Police Department agreed to be the lead agency for South King County several years ago when the Coalition was first forming local community Child Passenger Safety Teams. Since then, thanks to the commitment of their agency's Chief, and the dedication of the staff and Task Force, South King County has done an exemplary job of providing educational outreach programs, regular car seat checkup events for parents and care givers,by-appointment car seat checkups, and car seat equipment distnbutions to low-income families Car seat education programs provide one more opportunity to emphasize Washington's seat belt law and the need for adults to comply Checkup clinics and car seat education programs provide advocates with a built-in audience that must set the example for their young children by always riding buckled up The safety of their children may play a role in making immigrants and low-income families more aware of the seat belt and child restraint laws and the need to comply Riding in car seats also begins the process of raising a new generation of children who have never ridden unbuckled in the car. Several other agencies have briefly rotated through the team leadership role figurehead role but each time the workload reverts back to Kent because of their commitment and expertise The leadership of this agency and the programs they develop and coordinate are the reason organized Child Passenger Safety team programs happen in South King County Nancy Mathews and Cesi Medina along with the advocates they train and work with are capable, enthusiastic, well-organized,and do an amazing job of meeting the needs of their local community I strongly recommend the expansion of their occupant protection program be funded Sincerely, Kathryn E Kruger Executive Director Washington State Safety Restraint Coalition 917 Kirkland Avenue 9 Kirkland,Washington 98033 • PHONE 425.828.8975 • FAX 425-828.9083 • WEB BDOBUCKLUP org Kent City Council Meeting Date May 20, 2003 Category Consent Calendar 1. SUBJECT: COMMUNITY ORIENTED POLICING SERVICE APPLICATION— AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Safety Committee, authorize the Kent Police Department's application for the COPS Homeland Security Overtime Program Grant in the amount of$53,220. This grant would provide additional overtime for officers working in activities focused on homeland security and violent and drug-related crimes. This funding would ensure that the Kent police officers assigned to the King County Intelligence Group and the King County Violent Crimes Task Force can coordinate and respond promptly to developments on major criminal cases. The funding will also fund additional training exercises and callouts for the Kent Police Civil Disturbance Unit and Valley Special Response Team. 3 EXHIBITS: U.S. Dept of Justice letter from the Director and Grant projects goals documents 4. RECOMMENDED BY: Public Safety Committee 5/19/03 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X This is a one year grant with a 25% match requirement The City's share of this overtime grant project would be $13,305. The FY2003 Federal Local Law Enforcement Block Grant Program or police department projects funds are potential sources for the City's match requirement. The grant deadline for priority consideration is June 13, 2003. 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6V Letter From the Director Dear Colleague The COPS Office is pleased to announce the new Homeland Security Overtime Program(HSOP), which will offer state, local, and tribal law enforcement agencies the opportunity to apply for additional officer overtime funding to support community policing and homeland security efforts HSOP will support programs that increase community safety and security,and reduce public fear HSOP grants will supplement the selected agencies' state or locally-funded officer overtime budgets, increasing the amount of overtime funding available for these critical functions The National Strategy for Homeland Security, the Administration's roadmap for securing the homeland, highlights the key role that state, local and tribal governments play in responding to a terrorist attack.Terrorism preparedness and prevention have become key responsibilities for state and local agencies As such, while all policing agencies are eligible to apply for this program, COPS will give priority consideration to applications that demonstrate the use of commumty policing strategies to prepare for or respond to acts of terrorism through officer overtime HSOP grants can be used to pay officer overtime during homeland security training sessions and other law enforcement activities that are designed to assist in the prevention of acts of terrorism and other violent and drug-related crimes Law enforcement agencies that have temporarily lost sworn officers to military reserve duty and wish to deploy other officers on an overtime basis to help address these temporary vacancies are also eligible to apply for HSOP grants HSOP funds . may also be available to support the overtime efforts of non-supervisory swom personnel including intelligence officers, crime analysts, undercover officers, and other swom personnel who work on homeland secunty/terronsm task forces(such as Joint Terronsm Task Forces) These funds may only be used for non-supervisory swom personnel and may not be applied towards civilian or reserve officer costs HSOP funds must be used consistently with the agency's typical or average officer overtime pay scale In other words,HSOP funds must be used to support officer overtime at the same pay scale that the agency would normally use for locally funded overtime As stated above, HSOP grants also must supplement the selected agency's state or locally funded officer overtime budgets To comply with the COPS statute, agencies may not rely on the availability of HSOP grant funding to reduce the amount of state or local funds budgeted and expended for officer overtime in their current or future budget cycles Up to$60 million is available under this program We anticipate that funding for these grants will be extremely competitive Law enforcement agencies may apply for funding amounts based on the size of the population they serve y2 the size of their budgeted sworn strength at the time of application Federal funds may be requested for up to 75 percent of the total requested additional overtime costs, with a mmmtum 25 percent local cash match The chart below represents the maximum 75 percent federal share of HSOP funding that may be requested based on population 4x budgeted swom strength. iu Homeland Security Overtime Program Application Packet Please use the following guidelines when determining your departmenPs request for HSOP: Agencies serving QIj Budyeted sworn Mayap2njy for a federal populations: force: share of un to: under24,999 1-49 $25,000 from 25,000 to 49,999 50-99 $50,000 from 50,000 to 99,999 100-199 $100,000 from 100,000to 249,999 200499 $250,000 from 250,000 to 499,999 500-999 $500,000 from 500,000 to 999,999 1,000-1,999 $1,000,000 over1,000,000 above 2,000 $3,000,000 A local cash match of 25 percent is required for all HSOP grants The match must be a cash match, made from local, state or other non-COPS funds and may not be paid through reallocating funds otherwise budgeted for specific law enforcement purposes. Given the expected demand and limited funding,waivers of the local match will=be available for grants awarded under this particular program Overtime grants will be awarded for a one-year period When determining how much additional overtime funding to request within the limits noted above, agencies should consider the one-year grant period; the amount of state or local funding that they will otherwise budget for officer overtime, their ability to meet the 25 percent local cash match,past officer overtime expenditures,and current and anticipated law enforcement needs that will require additional officer overtime beyond the state or locally-funded amount HSOP grants cannot be used to reimburse grantees for overtime expenditures that occur prior to the award start date. There are two application deadlines for this program Applications that are postmarked on or before June 13, 2003 will receive priority consideration. However, COPS will also accept applications that are postmarked on or before June 27, 2003 Applications postmarked after June 27, 2003 will not be considered The application kit includes the specific mailing address and unique zip code for overnight mail deliveries Agencies are strongly encouraged to electronically download the HSOP application kit from COPS Online at www.coos.usdoi.¢ov. To have a paper copy mailed to your agency, please contact the U S Department of Justice Response Center at 800 4216770 We look forward to your interest in this program Sincerely, 4�y Carl R.Peed Director iv COPS Homeland Security Overtime Program Grant Specific Goals or Public Safety Needs to address: Increase regional criminal intelligence gathering and dissemination • Improve responsiveness to developments in criminal intelligence investigations. Both the King County Regional Criminal Intelligence Group and Violent Crimes Task Force positions frequently generate"unexpected" overtime. The success of an investigation is often based on the ability of the officers to move, react or respond to what just occurred. • Improve coordination between regional task forces. The Kent Police officers working on the Intelligence and Violent Crimes task forces work together on domestic terrorism intelligence gathering and organized crime cases. • Increase ability to disseminate criminal intelligence information in a timely manner. The Criminal Intelligence Group frequently disseminates domestic terrorism intelligence information to local law enforcement agencies. Additional Homeland Security/Terrorism Training and Response • Increase ability of officers to attend regional training opportunities while maintaining department staffing. This funding will fund officers overtime back-filling to maintain patrol staffing while officers on the Civil Disturbance Unit and Valley Special Response Team attend regional training opportunities. • Maintain Civil Disturbance Unit and Valley Special Response Team preparedness to respond to protests, terrorism attacks and other violent and drug-related crime incidents. Members of these teams must practice skills through periodic training exercises to ensure their readiness to respond effectively to incidents. • Increase ability of Kent members of the Valley Special Response Team to respond to regional incidents. The Valley Special Response Team call- outs throughout the valley have increased by over 300% from 2000 through 2002 (from 13 in 2000 to 55 in 2002). These call-outs can occur at a moments notice. Kent City Council Meeting Date May 20, 2003 Category Bids 1. SUBJECT: CENTRAL AVENUE IMPROVEMENTS. SMITH STREET TO GEORGE STREET 2. SUMMARY STATEMENT: The bid opening for this project was held on May 12th with three bids received The low bid was submitted by R.W. Scott Construction Co. in the amount of$1,120,798.60. The Engineer's estimate was $1,010,376.20. The Public Works Director recommends awarding this contract to R.W. Scott Construction Co. 3 EXHIBITS: Bid tab 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $1,120,798.60 SOURCE OF FUNDS: R20059 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the Central Avenue Im ou ments contract be awarded to R.W. Scott Construction Co. for the low bid amount o 1,120,798 60. DISCUSSION: ACTION: Council Agenda Item No. 8A PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director 400 Phone 253-856-5500 Fax 253-856-6500 K E N T Address 220 Fourth Avenue S WA5HINGTON Kent,WA 98032-5895 DATE: May 20, 2003 TO: Mayor White and Kent City Council FROM: Don Wickstrom, Public Works Director SUBJECT: Central Avenue Improvements SUMMARY: Bid opening for this project was held on May 12`11 with three bids received The lowest bid was submitted by R W Scott Construction Co in the amount of$1,120,798 60 The Engineer's estimate was $1,010,376 20 The Public Works Director recommends awarding this contract to R W Scott Construction Co Bid Summary R.W. Scott Construction Co. $1,120,798.60 Gary Merlmo Construction Co , Inc. $1,127,619 30 Westwater Construction Co $1,427,259 86 Engineer's Estimate $1,010,376.20 BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact REVISED MOTION: Councilmember moves, Councilmember f 6tl r,seconds that the Central Avenue Improvements contract be awarded to R W Scott Construction Co. for the low bid amount of$1,120,798 60 subject to the concurrence of the State Transportation Improvement Board Mayor White and Kent City Council Central Ave North Improvements-Award Bid May 20,2003 1 Kent City Council Meeting Date May 20, 2003 Category Bids 1 SUBJECT: WEST FORK SOOSETTE CREEK IMPROVEMENTS 2. SUMMARY STATEMENT: The bid opening for this project was held on May 12th with seven bids received The low bid was submitted by Pivetta Brothers Construction, Inc. in the amount of$716,045.44. The Engineer's estimate was $725,366.88. The Public Works Director recommends awarding this contract to Pivetta Brothers Construction, Inc. 3. EXHIBITS: Bid Tab . 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $716,045.44 SOURCE OF FUNDS: D00043 7. CITY COUNCIL ACTION: Councilmember ObA _moves, Councilmember PZWOYI seconds that the West Fork Soosette Improvements contract be awarded to Pivetta Brothers Construction, Inc. for the low bid amount of$716,045.44. DISCUSSION: . ACTION: C, Council Agenda Item No. 8B PUBLIC WORKS DEPARTMENT Don E Wlckstrom, P E Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 w n S N I N G?o N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: May 20, 2093 TO: May*-SItrom, a and Kent City Council FROM: Don Public Works Director SUBJECT: West Fork Soosette Creek Improvements SUMMARY: Bid opening for this project was held on May 12`h with seven bids received The lowest bid was submitted by Prvetta Brothers Construction in the amount of$716,045 44 The Engineer's estimate was $725,366 88 The Public Works Director recommends awarding this contract to Prvetta Brothers Construction, Inc. Bid Summary Prvetta Brothers Construction, Inc $716,045 44 Robison Construction $730,735 62 Laser Undergroune Utility& Earthworks $733,690 62 Gary Merlmo Construction $779,492 16 R.W. Scott Construction $853,574 08 Westwater Construction $872,947.01 Shoreline Construction $968,015 36 Engineer's Estimate $725,366 88 BUDGET IMPACT. No Unbudgeted Fiscal/Personnel Impact MOTION: Councilmember moves, Councilmember seconds that the West Soosette Creek Improvements contract be awarded to Prvetta Brothers Construction, Inc for the low bid amount of$716,045 44 Mayor White and Kent City Council West Fork Soosette Creek Improvements-Award Bid May 20, 2003 1 Kent City Council Meeting Date May 20, 2003 Category Bids 1 SUBJECT: S. 248TH ST. IMPROVEMENTS (94TH AVE. SO TO 100TH AVE. SE) 2 SUMMARY STATEMENT: The bid opening for this project was held on May 12th with six bids received. The low bid was submitted by R.W. Scott Construction Co. in the amount of$723,495.96. The Engineer's estimate was $791,725.80. The Public Works Director recommends awarding this contract to R.W. Scott Construction Co. 3. EXHIBITS: Bid tab 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $723,495.96 SOURCE OF FUNDS: R20036 7. CITY COUNCIL ACTION: p Councilmember l�"t moves, Councilmember Yam seconds that the South 248th Street Improvements contract be awarded to R.W. Scott Construction Co. for the low bid amount of$723,495.96. DISCUSSION: ACTION: Council Agenda Item No. 8C PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 KEN T Fax 253-856-6500 w•s H I N c T o N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: May 2 ite TO: May rt and Kent City Council on FROM: D strom, Public Works Director SUBJECT: South 248th Street Improvements SUMMARY: Bid opening for this project was held on May 12`h with six bids received The lowest bid was submitted by R W. Scott Construction Co in the amount of$723,495 96 The Engineer's estimate was 791,725 80 The Public Works Director recommends awarding this contract to R.W. Scott Construction Co. Bid Summary R.W Scott Construction Co. $723,495 96 Fury Construction Co $797,365 96 Westwater Construction Co $821,215 69 Dennis R. Craig Construction, Inc $826,111 56 Gary Merlmo Construction Co , Inc. $832,247 41 Laser Underground & Earthworks $854,259.69 Engineer's Estimate $791 725 80 BUDGET IMPACT. No Unbudgeted Fiscal/Personnel Impact MOTION• Councilmember moves, Councilmember seconds that the South 248th Street Improvements contract be awarded to R W. Scott Construction Co for the low bid amount of$723,495 96 Mayor White and Kent City Council S 248 h Street Improvements-Award Bid May 20,2003 I Kent City Council Meeting Date May 20, 2003 Category Bids 1. SUBJECT: CANTERBURY NEIGHBORHOOD PARK DEVELOPMENT 2 SUMMARY STATEMENT: The bid opening for the Canterbury Neighborhood Park Development Project was held on May 8, 2003, with nine (9)bids received. The apparent low bid was submitted by TF Sahli Construction in the amount of $289,775.00, including alternates 1 and 2, plus Washington State Sales Tax. The Engineer's estimate is $315,000.00. 3 EXHIBITS: Bid tab 4 RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember W //- moves, Councilmember seconds to approve of and authorize the Mayor to sign the agreement with TF Sahli Construction for the Canterbury Neighborhood Park Development Project in the amount of$289,775.00, including Alternates 1 and 2, plus Washington State Sales Tax, and amend the project budget to include 10% contingency. DISCUSSION: ACTION: 7Y)C Council Agenda Item No. 8D 0 co o O 0 0 0o y C10 Cf) l0 N ro J co d Q 0 0 0 0 0 0 0 � � l0 W H nQ ti O t0 O 00 N 1n Cn N 2 132 ti O q 'ITC I.) O N F QQ W bM4 bM9 69 69 � ,O Q y a CV L W " Z o Co 0 0000 �r0i, 0o w W Z ti O O � O O 0 O M V W ) h O COO N1'- co N O Q � � ���w c � � � 69 W N m W E v m 0 Q p NCD d O O 0 0 0 0 O 0 d C m N CD R O O O O 6 0 0 O C7 y n c O O O O U-) o o In O O O LO COMOO N O � n d Z a+ 00 In CO — 4 O CV C CO LL 0 U O 'a Q 69 69, 69 69 69 69 69 (a 690 K Zad0 U o O Z ?Pox L z, 10 < != U) = � a # x x x xxxx x x o Q N Y ` Q V Z - C w 1-- LUZ W o In Y a m N x W E y Z N N a Ua Qoo 0 0 0000 rn LO 0m O Ev Vg ti l o 0 0 0 co, c ri co ti W Qr2 J � 000 V WNMW LO U 10 ITO `x Z F- m ao is of N ao Ch rn co a O N CM CM 7 cr) () v 'd Lo U. d H 69 69 69 69 69 CA Q% 69 69 F- y F' m O O 0 c C= _ CV p) O Ci ;_, C W O O of c 3 � � Eo' c « cr) n r m 3 c .. Y; V Z U dc ' a) Oy UOW= o U0 f0 O = CUmO �= Z2 2 Q� m y ; U Ca) c Mo U�W to U. O 0) CO = � y c0. toW 0LU fl 1- O � cio C3 0 � � o � 0 Li dtn w m .- Uc,,iEC6 4uic6r,: Ua60 6 — MLL � � o REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE �/Y7, ✓1� r. F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS/ r I -�A aw REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE MINUTES APRIL 1, 2003 COMMITTEE MEMBERS PRESENT- Chair Rico Yingling, Leona Orr,Judy Woods, sitting in for Tim Clark STAFF PRESENT: Mike Martin, Cliff Craig, John Hillman, Tom Vetsch, Tom Brubaker, Tim Clark, Jackie Bicknell PUBLIC PRESENT: Alex Johnson The meeting was called to order at 4:10 P M. by Chair Rico Yingling Approval of Minutes of March 18, 2003 Committee Member Leona Orr moved to approve the minutes for March 18, 2003 The motion was seconded by Council President Judy Woods and passed 3-0 Approval of Vouchers Dated March 31, 2003 Judy Woods moved to approve the vouchers dated March 31, 2003 The motion was seconded by Leona Orr and passed 3-0. . PostaeeEouipmentLease—Approve Customer Services Manager Tom Vetsch said the Finance Department was recommending approval of a five year lease with Nexxpost Corporation for City postage equipment. Technology changes and the unbundling of services will save approximately$11,256 per year, or $56,280 over the next five years. Leona Orr moved to recommend that Council authorize the Ma)or to sign a rive year lease with Nexxpost Corporation for the lease of the City's postage equipment. The motion was seconded by Judy Woods and passed 3-0. Consolidated LiD Bond Ordinance—Approve Assistant Finance Director John Hillman said the City would be selling bonds for LID350—the Big K sanitary sewer, located on the East Hill of Kent; LID352—Third Avenue storm drains, south of downtown Kent; and LID354—Meeker/Washington Street sidewalk/curb improvements. The total consolidated LID assessments were $1,675,779 76 Of that amount, $312,341.25 was prepaid, leaving an issuance of$1,363,438.51. The underwnter, Bank of America, has presented an offer to purchase one bond to cover the amount. On a single bond purchase the City saves on issuance costs and time in preparing an official statement The bond has also been designated as a qualified tax exempt obligation, eligible for the arbitrage rebate exception for a small issuance. Alex Johnson,Loan Officer for Municipalities, Bank of America, said this would be the first time they had done a permanent financing for a LID. The difficult part for the bank is the uncertain prepayment because property owners may sell and can pay their assessments early. The Bank has offered to purchase the bond so that it would be privately placed with the bank Operanons Comnunee,4/1/03 2 instead of it being a public sale. The current interest rate, estimated at 3.75%, would be locked in for a future closing date. Judy Woods moved to recommend that Council adopt the bond ordinance for the issuance of$1,363,439 in consolidated LID Bonds for LIDs 350,352, and 354. The motion Was seconded by Leona Orr and passed 3-0. The meeting adjourned at 4.20 PM. Jackie Bicknell Council Secretary i PARKS COMMITTEE MINUTES APRIL 8, 2003 COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Connie Epperly,Bruce White STAFF PRESENT: John Hodgson, Lori Flemm, Tom Brubaker,Jackie Bicknell The meeting was called to order at 4:07 P.M. by Chair Judy Woods. Approval of Minutes of March 11, 2003 Committee Member Bruce White moved to approve the minutes of March 11,2003. The motion was seconded by Committee Member Connie Epperly and passed 3-0. Vine County Funds for Kent Meridian Pool—Accept and Amend Budget Parks Director John Hodgson said that in the agreement with King County on the transfer of the Kent Meridian Pool, $74,130 left over after closing the pool for a short period of time was to be transferred to the City of Kent. The money will be used as part of the funds to go to the school district for ultimate disposition of the pool in the event the Kent pool closes. Connie Epperly moved to recommend accepting the$74,130 from King County and amending the Kent Meridian Pool Budget. The motion was seconded by Bruce White and passed 3-0. Interiocal Agreement for Waterfowl Management—Authorize John Hodgson said that each year the City works with the Department of Wildlife and other King County cities to manage waterfowl in the communities. This agreement will allow the Department of Wildlife the opportunity to assess and take necessary action to control the health and safety impacts created by waterfowl. The Wildlife Service Damage Control Program includes technical assistance,population monitoring, and control of wildlife. Over the last few years the waterfowl in Kent have greatly diminished, and the main areas of concentration are at Lake Meridian and the golf course. The program costs the City about$2,900 a year. Bruce White moved to recommend approval of the 2003 Interlocal Agreement for Waterfowl Management The motion was seconded by Connie Epperly and passed 3-0. Interagency for Outdoor Recreation (IAC) Grant for Valley Floor Athletic Complex— Accept and Amend Budget Parks Planning and Development Superintendent Lori Flemm said the Interagency for Outdoor Recreation (IAC)awarded the City of Kent partial funding in the amount of$120,000 for reimbursement of the LDS property of 50.1 acres purchased in 1998 for future development of the Valley Floor Athletic Complex. There is no expense to the City for this grant as the acquisition has already been completed, and the funds will be used to reimburse the land acquisition budget. -33- Parks Comnnttee,419103 2 Connie Epperly moved to recommend accepting the$120,000 Grant from the Interagency for Outdoor Recreation (IAC) and authorize the Mayor's signature amending the Land Acquisition Budget. The motion was seconded by Bruce White and passed 3-0. Fee-in-Lieu Funds for East Hill X Park—Accept and Amend Budget Lori Flemm said that in the first quarter of 2003,the City of Kent received$6,294 from SWG Construction who voluntarily paid fee-in-lieu of dedicating open space to mitigate the development of single family homes at Chelmsford subdivision. The closest park to the subdivision is the proposed East Hill X Park. Bruce White moved to recommend accepting the fee-in-lieu funds and amending the East Hill X Park budget for$6,294. The motion was seconded by Connie Epperly and passed 3-0. The meeting recessed at 4:20 PM for Executive Session to discuss land trades. It reconvened and adjourned at 4:48 PM. Jackie Bicknell Council Secretary ti -34- PUBLIC WORKS COMMITTEE MINUTES APRIL 21, 2003 COMMITTEE MEMBERS PRESENT: Chair Tim Clark,Julie Peterson, Rico Yingling STAFF PRESENT: Don Wickstrom, Jackie Bicknell The meeting was called to order at 5:10 PM by Chair Tim Clark. "SE 278ih Street Vacation—Set Public Hearing Date"was added to the agenda. Approval of Minutes of April 7, 2003 Committee Member Julie Peterson moved to approve the minutes of April 7, 2003 The motion was seconded by Tim Clark and passed 2-0 Committee Member Rico Yingling arrived and also gave his approval of the minutes. Comcast Construction Agreement—Authorize Public Works Director Don Wickstrom said that four box culverts would replace existing culverts within the Springwood Apartments Complex as part of the City of Kent's West Fork Soosette Creek Improvement project. The existing underground TV cable facilities located at two of the respective culvert locations need to be relocated to a lower depth to provide clearance. Because Comcast facilities are there under easement rights, the City has to pay for the relocations. The amount is estimated to be approximately$30,000, Rico Yingling moved to recommend that Council authorize the Mayor to sign the Comcast Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Julie Peterson and passed 3-0. Owest Construction Agreement—Authorize Don Wickstrom said approval was granted at the last Public Works Committee meeting and Council meeting to enter into an agreement with Qwest for the relocation of its facilities associated with the City of Kent's West Fork Soosette Creek Improvement Project for flood control and fisheries enhancement. Unfortunately, the original agreement did not cover the full cost. The City must reimburse Qwest for costs they will incur in association with charges from their boring contractor. The additional cost is estimated to be $36,000 and will be paid separately via a second contract. Costs are included within the project budget. Julie Peterson moved to recommend authorizing the Mayor to sign the Qwest Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Rico Yingling and passed 3-0. Public Works Commmee,4121/03 2 SE 2786 Street Vacation—Set Public Hearine Date Don Wickstrom said a valid petition to vacate a portion of SE 278'"Street had been received, and by law a public hearing must be held, The Public Works Department is requesting that a date for the heanng be set. Rico Yingling moved to recommend Council adoption of a resolution setting a public hearing date of June 16" for the street vacation located along a portion of SE 278'" Street. The motion was seconded by Julie Peterson and passed 3-0. The meeting adjourned at 5:17 PM. Jackie Bicknell Council Secretary • CONTINUED COMMUNICATIONS A. • EXECUTIVE SESSION A) Litigation • • ACTION AFTER EXECUTIVE SESSION A)