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Home My WebLink AboutCity Council Meeting - Council - Agenda - 07/06/2004 s City of Kent City Council Meeting Agenda i July 6, 2004 Mayor Jim White Julie Peterson, Council President i Councilmembers ' Tim Clark Debbie Raplee Ron Harmon Les Thomas j Bruce White Deborah Ranniger KENT WASHINGTON I City Clerk's Office SUMMARY AGENDA KENT CITY COUNCIL MEETING \s%%::!!!!!!!!KENT July 6, 2004 WASHINOTON Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION,OR STAFF B. FROM THE PUBLIC i 4. PUBLIC COMMUNICATIONS j A. Get a Kick Out of Sharing Program B. Youth Board Public Service Announcements C. Employee of the Month D. Introduction of Appointees 5. PUBLIC HEARINGS A. Street Vacation,Portion of 145th Place SE(continued) B. 2004 Comprehensive Plan Update Policy Revision 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve B. Payment of Bills—Approve 3697 C. Pacific Highway South HOV Lanes Project, Condemnation Ordinance—Adopt D. Pacific Highway HOV Project Appraisal &Appraisal Review Service Contracts— Authorize West Nile Virus Response Plan—Adopt Russell Road&Utility Relocation Project—Accept as Complete G. Police Mobile Data Computer Replacements—Authorize H. Qwest PBX Maintenance Contract—Authorize I. Homeland Security Supplemental Grant for Multi-Discipline Planning and Exercise Coordinator—Authorize J. Homeland Security Supplemental Grant for Interoperable Radio Equipment— Authorize K. Schick Shadel Hospital Consultant Services Agreement—Authorize L. Reduce Underage Drinking Grant Application—Authorize M. Carl Perkins 1%Grant Application—Authorize N. 2004 Local Law Enforcement Block Grant Application—Authorize O. Washington Traffic Safety Commission Grant—Accept P. Corrections Facility Medical Services Agreement—Authorize Q. 2004 Western States Arts Federation Grant for The Actor's Gang—Accept and Amend Budget R. 2005 Western States Arts Federation Grant for Keola Beamer—Accept and Amend Budget (continued next page) SUMMARY AGENDA CONTINUED tS. King County Conservation Futures Amendment to Interlocal Cooperation Agreement for Clark Lake Park Open Space Acquisition—Accept and Amend Budget T. Kent Land Use and Planning Board Appointment—Confirm Kent Human Services Commission Appointment—Confirm cwQ (yQ/7. OTHER BUSINESS G A. Churches in M1, M#-C, and CM-1 Zoning Districts Zoning Code Amendment— Consider a B. Hazardous Substance Land Use Facilities Zoning Code Amendment—Consider U Ballot Propositions, Real Property Tax Levy Rate, Ordinances—Consider D Budget Appropriation for Special Election, Ordinance—Consider 8. BIDS A. Pump Station No. 5 Generator Upgrade—Award B. S. 192nd/Springbrook Creek Culvert Replacement—Award C. Glenn Nelson Park Improvements 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS A. Wages 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Negotiations 12. 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) GET A KICK OUT OF SHARING PROGRAM B) YOUTH BOARD PUBLIC SERVICE ANNOUNCEMENTS C) EMPLOYEE OF THE MONTH D) INTRODUCTION OF APPOINTEES Kent City Council Meeting Date July 6, 2004 Category Public Hearings 1. SUBJECT: STREET VACATION, PORTION OF 145TH PLACE SE (CONTINUED) 2. SUMMARY STATEMENT: This is a continued public hearing from June 15, 2004. Resolution No. 1668 established June 15, 2004 as the public hearing date for the petition by Schneider Homes, Inc. to vacate a portion of 145th Place SE. A staff report recommending approval with conditions is included in the Council's packet. 3. EXHIBITS: Staff report, Resolution No. 1668 and map 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? Yes Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund School pedestrian Amount $3300 Approx. fund(R20036) 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember 4W&Pseconds Ito close the public hearing. 7' fAk (,;�p�vAOiGr B. Councilmember 1A moves, Councilmember Wo seconds to approve staff s recommendation of approval with conditions of the application to vacate portions of 145th Place SE, as referenced in Resolution No. 1668, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. DISCUSSION: ACTION: rn� Council Agenda Item No. 5A COMMUNITY DEVELOPMENT Fred N Satterstrom,AICP,Director PLANNING SERVICES TCharlene Anderson,AICP,Manager W A S X 1 N p T O N Phone 253-856-5454 Fax: 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 JUNE 8, 2004 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON 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 145TH Place SE 1 #STV-2004-1 (KIVA#2041002) MOTION: To approve/disapprove/modify staff s recommendation of approval with conditions of the petition to vacate a portion of 145" Place SE, as referenced in 1 Resolution No. 1668, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. SUMMARY: Mr. Dennis Alfredson of Schneider Homes, Inc., 6510 Southcenter Blvd, Suite 1, Tukwila, WA 98188 requests a vacation of a portion of 145 h Place SE in order to release the i bond for Loe Estates Division 2, a plat that was approved by King County in 1989 Staff recommends approval of the street vacation with conditions outlined below. 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 right of way being vacated. BACKGROUND: 145th Place SE is an unopened right-of-way. As a condition of the plat of j Loe Estates Divison 2, the street improvement requirement thereof was to extend 1451'Place SE through this unopened right of way and on into the plat of Meridian Firs to the south to connect to the existing improvement of 145th Place SE of that plat, thus making 145a'Place SE a through, j albeit circuitous route between SE 256a' Street and SE 240th Street. A subsequent request by the applicant for a plat alteration to delete the street connection requirement was denied by the King County Hearing Examiner. 1 It should be noted that both the right of way of this proposed vacation as well at that within the plat of Meridian Firs to the south are encumbered in part by a Bonneville Power Administration (`BPA") easement. This easement is significant as it requires free-flow access for BPA, which they take very seriously and for which they have indicated they would remove anything that prohibits their rights. BPA's easement, however,does not encumber the entire City right of way. There is an approximate 25-foot-wide strip along the easterly portion of the right of way within both plats that is unencumbered. 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 ■ Soos Creek Water District ■ Water District#111 After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of 145s' Place SE, as described in Resolution#1668 and as shown on the accompanying map be APPROVED with the following conditions- 1) The City shall be compensated in US currency for the full appraised value of the right of way proposed to be vacated. 2) All monies received for compensation shall be deposited in the school pedestrian walkway fund(R20036)and used for said fund's purpose 3) For any private or quasi-private utility such as power, gas, telephone or cable TV which has existing facilities within (under, upon and/or over) the right of way petitioned to be vacated, the petitioner shall grant said utility an easement for the operation and maintenance of same. 4) Should Water District #111 and/or Soos Creek Water and Sewer District have existing facilities within (under, upon and/or over) the right of way petitioned to be vacated, the petitioner shall grant said Distnct(s) an easement for the operation and maintenance of same. 5) The applicant shall grant to the City a 20-foot-wide public access easement for bicycles, pedestrians and emergency services. Said easement shall generally follow and parallel the alignment of the vacated right of way with the westerly edge thereof being either the centerline of the vacated right of way or the easterly edge of BPA's easement, whichever is most easterly. As said easement approaches the southerly property line of the plat of Loe Estates Division 2, said westerly edge of the easement shall end at a point on said plat's southerly property line 0.6 feet easterly of where BPA's easterly edge of its easement #STV-2004-1 (KIVA#2041002) Staff Report Page 2 of 4 i crosses said property line. All of said easement transitions through angle points shall be smoothed out to accommodate fire vehicle movements. The alignment and legal description for said easement shall be subject to review and approval by the Public Works Department. 6) The applicant shall grant to the City a utility easement over, under and upon the j entire right of way included in this vacation. Included in said easement shall be access rights to and from 145`b Place SE right of way(the non-vacated balance)to and from Tract"C"of Loe Estates Division 2(City's storm water detention site). 7) The Applicant shall install all necessary traffic signage denoting dead end street including no outlet signage at the entrance of the Loe Estates subdivision at SE 240a'St. All signage shall be approved by the Public Works Department. 8) At the northerly end of the vacated right of way within the existing public right of way and limited to the improved street portion between the westerly and easterly curbs of the street, the Applicant shall install bollards meeting the City's Construction Standards. Said bollards shall be spaced adequately as approved by the City to prohibit vehicular passage. No bollards shall be placed within that portion of improved street area that is encumbered by BPA's easement. In the area of the emergency access easement said bollards shall be removable and shall have a locking system meeting City standards. The Applicant shall provide to the City the respective lock and keys which also shall comply with the City's Construction Standards. Should the Public Works Department determine that a barricade is also required for safety purposes at the southerly terminus of 145`i' Place SE, the applicant shall install same. Said barricade shall meet the City's Construction Standards and shall be located as to not encroach on BPA's easement. 9) The Applicant shall rework/construct/reconstruct the drainage system in 145t' Place SE at the new southerly terminus thereof in order to catch the street drainage at the curb lines. All work shall be in accordance with the City's Construction Standards and the Applicant shall submit detailed engineering plans thereof to the City for review and approval prior to doing said work. T10) The Applicant shall construct a 20-foot-wide asphalt pathway along the alignment of the City's public access easement for bicycles, pedestrians and emergency services. Said pathway shall extend from the southerly terminus of the improved street portion of 145 h Place SE within the plat of Loe Estates Division 2 southerly to the northerly terminus of the improved street portion of 145°i Place SE within the Plat of Meridian Firs. Removable bollards shall be installed at the southerly terminus of said pathway within the plat of Meridian Firs along with other appropriate barriers paralleling same to prohibit unauthorized vehicular use. Said improvement shall comply with the City's Construction Standards and the Applicant shall submit detailed engineering plans thereof to the City for review #STV-2004-1 (KIVA#2041002) Staff Report Page 3 of 4 and approval prior to constructing same. The pathwy shall be located totally within the easement and/or public right of way of 145 Place SE but outside of that portion of the right of way encumbered by BPA's easement. CA1pm S.\Permrt\Planlvacations12004\2041002-20041CC061504 DOC Enclosure—Map,Resolution No 1668 cc Dennis Alfredson/Applicant,Schneider Homes Inc.,6510 Southcenter Blvd,#1,Tukwila,WA 98188 Jerry McCaughan,Property Manager John&Kris Muckerherde,President,Loe Estates Community Organization,24418 147`"Ave SE,Kent,WA 98042 Dave Christensen,V President,Loe Estates Community Organization, 14611 SE 245'"Place,Kent,WA 98042 Edwin Maurer,Treasurer,Loe Estates Community Organization,24324 145°Place SE,Kent,WA 98042 Marilyn Kennedy,President,Meridian Firs I HOA,24833 145"Lane SE,Kent,WA 98042 Judy Berghuis,Secretary,Meridian Firs I HOA,24838 145'"Lane SE,Kent,WA 98042 Lynn Palmer,Vice President,Mendian Firs I HOA,24809 145'h Lane SE,Kent,WA 98042 Shandra Rose,Treasurer,Meridian Firs I HOA,24859 145"Lane SE,Kent,WA 98042 #STV-2004-1 (KIVA#2041002) Staff Report Page 4 of 4 tRESOLUTION NO. A RESOLUTION of the city of Kent,Washington, regarding the vacation of a portion of 145" Place SE in 1 the City of Kent, and setting the public hearing on the proposed street vacation for June 15, 2004. RECITALS A. A petition, attached as Exhibit"A;has been filed by Schneider Homes, Inc, to vacate a portion of 145°i Place SE in the City of Kent. B. The petition is signed by the owners of at least two-thirds of the real property abutting those portions of 145 h Place SE to be vacated. C. The petition is in all respects proper. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of 145 h Place SE,legally described in Exhibit"A;shall be held at a regular meeting of the Kent City Council at 7:00 p.m.,Tuesday,June 15,2004,in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION Z. The city clerk shall give proper notice of the hearing and 1 cause the notice to be posted as provided by state law, Ch.35.79 RCW. 1 Sfreet Vaaflon— 145*Place SE I SECTION& The planning manager shag obtain any other necessary Informadon from appropriate departments and shall transmitthe information to the council so that the council may consider the matter at ifs regularly scheduled meeting on June 15, 2004. 11 PASSED at a regular meeting of the city council of the city of Kent,Washington this_ day of 2004. CONCURRED in by the mayor of the city of Kent,this ff day of 7NAeW—. 2004. Q '000 JI HIT ,MAYO ATTEST: BRENDA JACOBER, CIVf CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. /l 6 P passed by the city council of the city of Kent,Washington,on the day of 2004. � ae*-*_(SEAL) BRENDA JACOBE CITY CLERK Pr. umoMsrvnasaPwsEme 2 Street Vacation— 14e Place SE I K 14 • bko a 210 ® s78o +rs ec �a ea r,8.86 101 O s l l P N•dl tl a TR. A o n ,� $ 20 ,o „ a l9 $ 18 N l7 " ' g n �6 9 9 ° 9° AsgGN PROPERTY b� 0 �11v1•� C Vile TYPe SI ,�p 9 9d Ba Bp s2 e8 '6/an'S c y SE 247TH S7 Z � N gQ•a0.Oa E 95b•69 3b/ al? d92 M O 7Q has N 13 !so $ 14 15 0 16 u 16 /Es u" a ■ liv jw t 12 3 a y o+�D t4oyao ist,°� 3�4" 0 dam 04t 0 1G bi4p _ +p5 �6i1� 4 l4G.�3.lG 85.84 TR. 8 " t n coaiYPt�eRa�' ° "'n a d� UrI�Jl�O 9a a A m 9a5 TR.C rw.v.ulMe ' 2r5.P2 i7D•Bi ag 7iny ; 1 G2.3� 991 ,•. ,te.r� • 'i ea is.se r. -••• �� _ 47 /l1Eb- ItY oor a q 090 °1004 ,1Of e� t•• 4 !• a .� '�� '� r>... '. w , n-=r---s-�-s w "`c� �.�t. �!�•°I d1 0 - e i 4l 4a 39 36 3T� "36 •,� �� a a�oa' ti' K 'S °4a N' • •..��d •';d �� '4w s 15 yew°�r' i yt okt0 0� hip° •.0ti AZ �ss.Iv ��sq Lys 0 TO TR�C ;,s'} sZi t ti 3313ei°��.°. y' N Il.O � - _�• �• � •C A !� 3 r Y\� i AY !o/fMElP.•Lf,� + �e��Qsi;� t ' � e e�tt'1'�e � 1• - •`� �,• •'��.'�\ ry �' 4'ylh •'v t ...jK,!! n '•!� � , •• ti�/'� •r• w! •• . �• a �' b 'w .'�ti��e•r ,*� �; �.: $, �, v �: � i N• ,.I• :i+ �e1 � �� •e o�:•e j ly, :•'" �t a Sp e,t•P . •r Py - ♦ �, .- °•1 ~ 2 24 2 e .x •� to+ o ',�° `\ yz•- ��d°'t + 145TH PLACE SE I • +t 5 ti°�;�'� (war►LOE Esters N-20041 `� �; ;f ' ��o.e 0 I KNA ORESV-2041 + t•� "' s 9 5/04 002 P V / Yam' 1 iKent City Council Meeting Date July 6, 2004 Category Public Hearings 1. SUBJECT: 2004 COMPREHENSIVE PLAN UPDATE POLICY REVISION 2. SUMMARY STATEMENT: This public hearing will consider one revised comprehensive plan policy in accordance with the June 1 st Council remand to staff and subsequent review by the Planning & Economic Development Committee. Upon closing the public hearing, the Council will consider approval of the entire 2004 Comprehensive Plan Update. 3. EXHIBITS: 6/29/04 staff memo; 5/21/04 memo to Council (without attachments); 6/7/04 & 5/10/04 memos to P&EDC (without attachments); minutes from 3/8/04 LU&PB and 5/17/04 & 6/14/04 P&EDC meetings 4. RECOMMENDED BY: Planning& Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember WV%� seconds to approve izappzoue4aedify & approve as modified the 2004 Comprehensive Plan Update as recommended by the Planning & Economic Development Committee and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: WA ACTION: rYl Council Agenda Item No. 5B i COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES T Charlene Anderson,AICP,Manager W.SNixOTON Phone 253-856-5454 Fax: 253-856-6454 Address- 220 Fourth Avenue S Kent,WA 98032-5895 JUNE 29, 2004 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON AND CITY COUNCIL MEMBERS FROM: GLORIA GOULD-WESSEN,AICP,GIS COORDINATORIPLANNER THROUGH: MAYOR JIM WHITE REGARDING: 2004 COMPREHENSIVE PLAN UPDATE(#CPA-2002-1) MOTION: Approve/Disapprove/Modify Kent's 2004 Comprehensive Plan Update as recommended by the Planning & Economic Development Committee, and to direct the City Attorney to prepare the necessary ordinances. SUMMARY: On June 1, 2004, the Kent City Council moved to remand Policies TR-5 6 and LU-9.1 of the Kent Comprehensive Plan to staff for re-review, clarification and subsequent forwarding to the Planning & Economic Development Committee in anticipation of full Council reconsideration of the complete document on July 6, 2004. On June 14`t', the Planning & Economic Development Committee recommended by a 2:1 vote approval of a revised condition TR-5.6 and by a 3:1 vote approval of revised condition LU-9.1 and the complete 2004 Comprehensive Plan Update as presented by staff. Only revised condition TR-5 6 is subject to a public hearing. The City of Kent is updating its Plan in an effort to comply with the State Growth Management Act (GMA) The update does not substantially change the direction, theme, goals, or policies of the Plan adopted in 1995. BUDGET IMPACT: None BACKGROUND: Policy TR-5.6 is included in the Transportation Element under Facility Design Goals & Policies, specifically under Goal TR-5 "Design transportation facilities to preserve and to be consistent with the built environments." The policy as currently proposed is I'Ll lam:lAiij the development of new cul-de-sac streets except where there are geographic or environmental constraints that make connections to other streets infeasible to The intent of the policy is to promote multimodal connectivity in neighborhoods -- from subdivision to subdivision, from residences to schools, commercial areas, parks, and so forth. The intent also is to recognize that there are situations when such connectivity is not feasible, either because of geographic or environmental constraints, because of safety concems, or because connecting all streets is not practical or desirable. In light of the intent and to allow flexibility in satisfying the policy, the Planning & Economic Development Committee proposes the following language for Policy TR-5.6: Foster connectivity of new development with the surrounding neighborhood, allowing cul de sacs where appropriate. Because this policy language is substantially different from what was considered in a public hearing, a public hearing limited to this revised condition is appropriate. Policy LU-9.1 is included in the Land Use Element under Housing Goals & Policies, specifically under Goal LU-9 "Provide adequate land and densities to accommodate the adopted twenty (20) year housing target of 4,284 new dwelling units within the existing city limits, and through an interlocal agreement with King County, adopt the housing target of 619 new dwelling units within Kent's Potential Annexation Area." The policy as currently proposed is "AveFege increasing residential densities three Rete..h.nl A....,,*a4 en A..e„ ..hula be a4 least e fto four(4)units per net acre, as defined through decisions by the Central Puget Sound Growth Management Hearings Board (the Board),in order to adequately support urban services." The intent of the policy is to align the City's policies with the Growth Management Act, as it has been defined through decisions by the Central Puget Sound Growth Management Hearings Board. The Council may remember that both the State of Washington Department of Y � P Community, Trade & Economic Development, as well as 1000 Friends of Washington have expressed concerns about the City's land use designations of less than four units per acre. In light of the GMA direction, and in anticipation of the upcoming staff work program to analyze areas designated less than four units per acre, the Planning & Economic Development Committee recommends approval of the following language for Policy LU-9.1: Where ' appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban services. Because this policy language is not substantially different from what was considered in a public hearing, a new public hearing is not required. The committee also recommended approval of the remainder of the document as presented by staff. The document has been available for Council Review in the Council Conference Room since June 29, 2004. GGWOm SlPermftlPlanlCompPlanAmdments1100112021037-cpa-1001-1-cc 070604doc Kent City Council Meeting July 6,2004 Page 2 of 2 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES KENT Charlene Anderson,AICP,Manager WAS MINOTON Phone:253-856-5454 Fax: 253-856-6454 Address- 220 Fourth Avenue S Kent,WA 98032-5895 MAY 21,2004 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON AND CITY COUNCIL MEMBERS FROM: GLORIA COULD-WESSEN,AICP,GIS COORDINATOR/PLANNER THROUGH: MAYOR JIM WHITE RE. 2004 COMPREHENSIVE PLAN UPDATE (#CPA-2002-1) MOTION: Approve Kent's 2004 Comprehensive Plan Update as recommended by the Planning & Economic Development Committee, and direct the City Attorney to prepare the necessary ordinance. SUMMARY: The City of Kent is updating its Comprehensive Plan in an effort to comply with the State Growth Management Act (GMA) pursuant to RCW 36.70A.130(4) Overall, the proposed update does not substantially change the direction, theme, goals, or policies of the Plan adopted in 1995. As such, the Environmental Impact Statement (#ENV-93-51) associated with the 1995 Plan is still appropriate and required simply an addendum which was completed March 1 1, 2004. The Planning & Economic Development Committee recommended approval of the Plan as forwarded by the Land Use&Planning Board with amendments to Policies TR-5.6 and LU-9.1. IBUDGET IMPACT: None BACKGROUND: The 2004 Comprehensive Plan Update addresses the following issues: • GMA compliance; ' • Demographic adjustments based on the City's new boundaries and 2000 Census data; • Household and employment allocations per the Buildable Lands and Targets subcommittee using forecasts developed by Puget Sound Regional Council (PSRC) and the State Office of Finance and Management(OFM); • Refinements based on a variety of new and updated regional planning documents, such as King County Countywide Planning Policies (2003), and PSRC's VISION 2020 (1993) and Destination 2030(2001); • New language to reflect planning documents the City has adopted, such as the 2003-2007 Consolidated Plan for Housing & Community Development (2002), Interim 2000 Comprehensive Park, Recreation and Community Services Plan (2000), Kent Economic Development Strategic Plan(2003), and the Downtown Strategic Action Plan(1998), 0 Results from the"Innovative Housing Workshop" (2002); • Performance measures based on Kent Performance Measurement Report (2001), Kent Fire &Life Safety Strategic Plan (2001), and City of Kent Police Strategic Plan—Draft (2003)for the purpose of evaluating levels-of-service; • Appendices including goals and policies from the 1999 City of Kent Shoreline Master Program; and • Six-year Capital Improvement Program funding sources for 2004-2009 for the Capital Facilities Project and Transportation Capital Improvements Program. After 20 workshops and 14 public hearings, on March 8, 2004 the LU&PB voted to forward to City Council Kent's Comprehensive Plan update with a recommendation of approval along with the following concerns expressed by Board member David Malik• • Change zoning on 272nd between Military Road and I-5—behind Circle K; • Change zoning on Pacific Highway to allow for the development of car lot sales and a casino to generate a source of revenue for the City of Kent; • Review zoning on Mobile Home Parks; , • If storm water regulations are amended, the City should incorporate those changes with new regulations to notify developers,real estate agents and property owners;and • Concerning storm water regulations, staff needs to provide public notification to citizens, developers, real estate companies, owners or agents and brokers prior to implementing any proposed changes. The concerns generally do not relate to the update of the Comprehensive Plan, but rather to implementing regulations. There was no action taken at this time by the Planning & Economic Development Committee on these concerns. At their May 17d'meeting,the Planning&Economic Development Committee recommended the following amendments to the Plan as recommended by the Board: (see highlighted text)• ❖ Policy TR45.6—lit ) Limit the development of new cul-de-sac streets except where there are geographic or environmental constraints that make connections to other , streets infeasible. un4ikely. Policy LU-9.1 — mi" notimge increasing residential densities to four(44)units per net acre, as defined through decisions by the Central Puget Sound Growth Management Hearings Board(the Board), in order to adequately support urban services. Council was previously provided a copy of the Plan as approved by the Land Use &Planning Board. GGW\pm S 1Permit\Plan\CompPlanAndmentslstaffreports\CPA.2002.lCouncilMemo 060104b doc 04 Enc Minutes of March 8, 20 LU&PB Meeting, Minutes of May 17, 2004 Planning& Econonuc Development Comlmtta, RCW 36 70A 130(4) Kent City Council June 1,2004 #CPA-2002-1 -2004 Comprehensive Plan Update Page 2 of 2 COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP, Director PLANNING SERVICES 1 KEN T Charlene Anderson,AICP,Manager Phone 253-856-5454 Fax 253-856-6454 1 Address. 220 Fourth Avenue S. Kent,WA 98032-5895 JUNE 7, 2004 TO: CHAIR TIM CLARK AND PLANNING&ECONOMIC DEVELOPMENT COMMITTEE MEMBERS FROM: GLORIA GOULD-WESSEN, AICP,GIS COORDINATORIPLANNER THROUGH: MAYOR JIM WHITE REGARDING. 2004 COMPREHENSIVE PLAN UPDATE(#CPA-2002-1) MOTION: Approve/Disapprove/Modify Kent's 2004 Comprehensive Plan Update as presented by staff. SUMMARY: On June 1, 2004, the Kent City Council moved to remand Policies TR-5 6 and LU-9.1 of the Kent Comprehensive Plan to staff for re-review, clarification and subsequent forwarding to the Planning & Economic Development Committee in anticipation of full Council reconsideration of the complete document on July 6, 2004. The City of Kent is updating its Plan in an effort to comply with the State Growth Management Act (GMA). The update does not substantially change the direction,theme,goals,or policies of the Plan adopted in 1995 ' BUDGET IMPACT: None BACKGROUND: Policy TR-5 6 is included in the Transportation Element under Facility Design Goals & Policies, specifically under Goal TR-5 "Design transportation facilities to preserve and to be consistent with the built environments." The policy as currently proposed is ' "hifAt s> = unit the development of new cul-de-sac streets except where there are eg og aphic or environmental constraints that make connections to other streets infeasible. to The intent of the policy is to promote multunodal connectivity in neighborhoods -- from subdivision to subdivision, from residences to schools, commercial areas, parks, and so forth. The intent also is to recognize that there are situations when such connectivity is not feasible, either because of geographic or environmental constraints, because of safety concerns, or because connecting all streets is not practical or desirable. In light of the intent and to allow flexibility in satisfying the policy, staff proposes the following language for Policy TR-5.6: Foster connectivity of new development with the surrounding neighborhood. Policy LU-9.1 is included in the Land Use Element under Housing Goals &Policies, specifically under Goal LU-9 "Provide adequate land and densities to accommodate the adopted twenty(20) year housing target of 4,284 new dwelling units within the existing city hrmts, and through an interlocal agreement with King County, adopt the housing target of 619 new dwelling units within Kent's Potential Annexation Area." The policy as currently proposed is "Ave'Fage 1 Eneetifaee aver-age net "wee increasing residential densities thpeugheat—eke P-Ate-mti-al Afea sheeld be at least of to four(4) units per net acre, as defined through decisions by the Central Puget Sound Growth Management Hearings Board(the Board), in order to adequately support urban services." The intent of the policy is to align the City's policies with the Growth Management Act, as it has 1 been defined through decisions by the Central Puget Sound Growth Management Hearings Board. The Council may remember that both the State of Washington Department of Community, Trade & Economic Development, as well as 1000 Friends of Washington have , expressed concerns about the City's land use designations of less than four umts per acre. In light of the GMA direction, and in anticipation of the upcoming staff work program to analyze areas designated less than four units per acre, staff proposes the following language for Policy , LU-9.1: Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban services. GGWOm SIPermillPlanICompPlanAmdmentsl200112021037-cpa-2001-1-Planning&EconDevCommtttee_061404bdoc 1 1 I 1 1 1 Planning and Economic Development Committee Meeting June14,2004 Page 2 of 2 1 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES KEN T Charlene Anderson,AICP, Manager Phone 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 May 10, 2004 To Chair Tun Clark and Planning& Economic Development Committee Members From. Glona Gould-Wessen, AICP, GIS Coordmator/Planner Through: Mayor Jim White Regarding: 2004 Comprehensive Plan Update(#CPA-2002-1) 1 MOTION: I move to recommend/not recommend approval of the 2004 Comprehensive Plan Update as recommended by the Land Use & Planning Board, and forward this to the full City 1 Council for adoption. SUMMARY: The adoption of an updated Kent Comprehensive Plan (Plan) and development regulations is required under the State Growth Management Act (GMA) by December 1, 2004, pursuant to RCW 36.70A.130(4). The update ensures compliance with GMA legislation that has been passed since 1990. The update also integrates by reference or through policy development various regional and local planning documents, as well as demographics from the 2000 U.S. Census. Overall, the update does not substantially change the direction, theme, goals, or policies of the Plan adopted in 1995. As such, the Environmental Impact Statement (#ENV-93-51) associated with the adoption of the 1995 Comprehensive Plan is still appropriate, requiring simply an addendum which was completed March 1, 2004. ' BUDGET IMPACT: None BACKGROUND: The 2004 Comprehensive Plan Update addresses the following issues: • GMA compliance, • Demographic adjustments based on the City's expanded boundaries and new 2000 Census data; • Household and employment allocations that were synthesized by the Buildable Lands and Targets subcommittee (made up of Planning Directors from King County suburban cities and staff from King County)using forecasts developed by Puget Sound Regional Council (PSRC)and the State Office of Finance and Management(OFM), 1 • Refinements based on a variety of new and updated regional planning documents, such as King County Countywide Planning Policies (2003), and PSRC's VISION 2020 (1993) and Destination 2030(2001); ' • New language to reflect planning documents the City has adopted, such as the 2003-2007 Consolidated Plan for Housing & Community Development (2002), Interim 2000 Comprehensive Park, Recreation and Community Services Plan (2000), Kent Economic 1 Development Strategic Plan(2003),and the Downtown Strategic Action Plan(1998); • Results from the"Innovative Housing Workshop"(2002); i 1 • Performance measures based on Kent Performance Measurement Report (2001), Kent ' Fire & Life Safety Strategic Plan (2001), and City of Kent Police Strategic Plan —Draft (2003)for the purpose of evaluating levels-of-service; • Appendices with goals and policies from the 1999 City of Kent Shoreline Master Program; and • Six-year Capital Improvement Program fundmg sources for 2004-2009 for the Capital Facilities Project and Transportation Capital Improvements Program. The Land Use & Planning Board (LU&PB) began working on the 2004 Comprehensive Plan , Update in May 2002 and held twenty (20) workshops and fourteen (14) public hearings On March 8, 2004 the LU&PB forwarded the Plan to the City Council with a recommendation of approval along with the following concerns expressed by board member David Malik (The , concerns generally do not relate to the update of the Comprehensive Plan, but rather to implementing regulations.): • Change zoning on 272°d between Military Road and 1-5—behind Circle K, • Change zoning on Pacific Highway to allow for the development of car lot sales and casinos to generate a source of revenue for the City of Kent; • Review zoning on Mobile Home Parks; • If storm water regulations are amended, the City should incorporate those changes with new regulations to notify developers,real estate agents and property owners; and • Concerning storm water regulations, staff needs to provide public notification to citizens, developers, real estate companies, owners or agents and brokers prior to implementing any proposed changes. ISSUES: At the March 30`1' Council Study Session, several issues were raised and later discussed at the Study Session held April 13`h. Some were informational requiring elaboration on successes that have occurred in downtown because of the Downtown Strategic Action Plan and the benefits of the Urban Center Designation. Others needed an explanation as to why the Urban Center targets were removed and the consequences of open space acquisition There are, however, issues that need further discussion and possible action: ❖ Cul-de-sac Policy TR-6.6 at present reads. Policy TR-6.6—LiFaA Prohibit the development of new cul-de-sac streets except where there are geographic or environmental constraints that make connections to other streets infeasible. a the fiauFe is unlikely. Staff recommends replacing the word "Prolubrt" with the original word "Limit", making the Policy in the Transportation Element read: Policy TR-6.6 —Limit the development of new cul-de-sac streets except where there are geographic or environmental constraints that make connections to other streets infeasible. ❖ Urban Density: In response to comments by Washington State Department of Community Trade and Economic Development(CTED) to Kent's "DRAFT"2004 Comprehensive Plan ' Planning&Economic Development Committee May 17,2004 2004 Comprehensive Plan Update Page 2 of 3 Update and rulings made by the Central Puget Sound Growth Management Hearings Board defining the munmum for urban density as four(4)units per net acre,the following policy was revised: Policy LU-9.1 — Consider increasing residential densities to four (4) units per net acre, as defined through decisions by the Central Puget Sound Growth Management Hearings Board(the Board), in order to adequately support urban services. Adopting Policy LU-9.1 as written would require further action by the City to be in compliance with said policy. Staff has identified three options for consideration: 1. Keep the language as written and direct Planning Services via a resolution to add to the"2004 Work Program"an item to analyze all SF-1 and SF-3 land use designations based on the Board's above "bright line"minimum urban density and change Kent's land use designations based on the City's findings; 2. Keep the language as written and do not direct staff to conduct further analysis;or 3. Do not change the language. ❖ Land Use Map Changes- As part of the 2004 Comprehensive Plan Update,an area-wide 1 review of Kent's land use map designations was made and changes are proposed The attached text and color reference map were presented and approved by Land Use&Planning Board at the July 28,2003 Public Hearing on the Land Use Element. Please bring your 2004 Comprehensive Plan Update binder to the meeting. Staff will be available to further discuss this issue. GGW\pm S\Petmn\Plan\CompPlanAmdments\staffreports\CPA-2002-1-PEDCommmeeCP-Update_051704 doc Eric Proposed Land Use Map Changes Proposed Land Use Map Changes—Figure 1 cc Fred N.Satterstrom,AICP,Community Development Director Charlene Anderson,AICP,Planning Manager Tom Brubaker,City Attorney Project File Planning&Economic Development Committee May 17,2004 2004 Comprehensive Plan Update Page 3 of 3 COMMUNITY DEVELOPMENT Fred N.Satterstrom,C. D. Director PLANNING SERVICES i Charlene Anderson,AICP,Manager KENT Phone 253-8565454 WA9NIMOTOM Fax. ~ Address: 220 Fourth Avenue S , Kent,WA 98032.5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING MARCH 8, 2004 The meeting of the Kent Land Use and Planning Board was called to order by Chair Jon Johnson at 7:00 p.m. on Monday, March 8, 2004 in Chambers West of Kent City Hall. LUPB MEMBERS PRESENT: STAFF MEMBERS PRESENT: Jon Johnson,Chair Charlene Anderson,AICP, Planning Manager Greg Worthing, Vice Chair William Osbome, Planner Steve Dowell Kim Marousek, Principal Planner Theresa Ferguson Pat Fitzpatrick, Deputy City Attomey David Malik Bill Wolinski, Environmental Engineer Mgr, Public Works Elizabeth Watson Gary Gill, City Engineer, Public Works LUPB MEMBERS ABSENT: Nicole Fincher, Unexcused APPROVAL OF MINUTES None ADDED ITEMS None COMMUNICATIONS Chair Johnson welcomed the newest Board member Theresa Ferguson. NOTICE OF UPCOMING MEETINGS None #CPA-2002-1 2002/2004 KENT COMPREHENSIVE PLAN UPDATE , Long Range Planner Gloria Gould-Wessen acknowledged the involvement of the various departments over the course of the last year and a half in bringing the Comprehensive Plan together. , Ms. Gould-Wessen entered the following Exhibts conceming the entire Comprehensive Plan for the Record: — Exhibit#1 from Don Shaffer dated February 9, 2004 , — Exhibit#2 from W.S.C.T.E.D. dated February 23, 2004, — Exhibit #3 from the Urban Policy Advocates with the 1000 Friends of Washington dated February 27, 2004. Three Exhibits concerning the Land Use Element: o Communication from David Hoffman dated January 17, 2003 o Communication from Melvin Roberts with K.B.A.B. dated February 10, 2003. o Communication from David Hoffman dated February 11, 2003. One Exhibit concerning the Housing Element o Exhibit#5 Communication from Tim Attebery dated June 14, 2003. One Exhibit concerning the Capital Facilities Element. o Exhibit #6 Communication indicating corrections to the school map from Gwenn Escher-Derdowski with the school distnct dated August 8/21/03. One Exhibit concerning feedback on the Comprehensive Plan. o Exhibit#10 Communication from Rocky Pero with Puget Sound Regional Council dated 12/17/03. Ms. Gould-Wessen asked the Board to acknowledge as well all Exhibits submitted for the record at Comprehensive Plan Update public hearings held over the past 1 'Y2 years. 1 Steve Dowell MOVED and Greg Worthing SECONDED to accept these exhibits into the record. Motion CARRIED. Ms. Gould-Wessen explained that the State Growth Management Act mandates that the Comprehensive Plan be updated every seven years. Ms. Gould-Wessen described the process involved in the development of the original Comprehensive Plan. She described how the existing comprehensive plan is reflected in today's Kent, what the updated version of the Comprehensive Plan is comprised of and the relationship between the old and the new Comprehensive Plan. Ms. Gould-Wessen described the Comprehensive Plan as a legal document that guides the city in terms of the adoption and application of regulations. She stated that the Comprehensive Plan establishes the services that our City provides today and into the future, legitimizes various city operating plans, as well as establishes funding mechanisms by which the City will provide those services. Ms.Gould-Wessen explained that the Comprehensive Plan consists of twelve chapters, of which eight are elements, with the Human Services and Community Design Elements considered optional. Ms. Gould-Wessen stated some of the themes in the GMA as well as in the City's Framework Policies. Kent supports Urban Density to minimize sprawl; encourages Mixed-Use Development to accommodate the 20-year growth projections, and designates areas for multifamily housing; the City is dedicated to developing neighborhood plans; has designated the Urban Center and Industrial/Manufacturing Centers and has conserved and enhanced our agricultural lands; the City is committed to developing multimodal transportation and to extending our public facilities first to urban areas; the City encourages housing for all income levels and is developing an urban design strategy; the City supports the provision of Human Services, is committed to preserving the natural environment, maintaining the City's active and passive recreation and designating open space corridors; preserves and enhancing its historic buildings; and the City is committed to protecting property rights, maintaining fair and timely permit processes, promotes public participation and awareness; and coordinating our efforts regionally. Ms. Gould-Wessen explained how Kent reflects the Comprehensive Plan and how Kent has succeeded in many of these framework policies. She stated that Kent has built the Kent Train Station for the Sounder Commuter Rail Service. Kent has designated its Urban Center and from that designation created a Downtown Strategic Action Plan and codified the Downtown Design Guidelines to ensure a beautiful, livable and vibrant center, and through that process is moving forward on the Kent Station development project. Ms. Gould-Wessen stated that Kent has already created housing opportunities through a Cluster Housing Ordinance and the implementation of more flexibility in the City's Planned Unit Development regulations. She stated that land use policies have changed slightly to incorporate urban separators as well as to affirm the City's support for agricultural land uses. She also stated that the Parks and Recreation Department has developed the East Hill Youth Sports Complex, Skate Parks,Clark Lake and the Kent Valley Ice Center. She stated that Kent has also been developing the City's road system to manage the heavy traffic in Kent. Kent has completed the 2770' Street Corridor, 212h Street and the 196th Street Bypass. Land Use and Plaminp Board Maiutes March B,20p4 Pape 2 of 4 Ms. Gould-Wessen stated that the basic principles in the Comprehensive Plan are still valid today. She stated that some changes have occurred in the Comprehensive Plan. They are new demographics, inventories, and grammar and punctuation changes; incorporation of local , and regional policies; and updates based on the GMA. Ms. Gould-Wessen described the changes in the Framework Element as minor. Changes ' include: maintaining agricultural lands and urban center, preserving regional ecosystems and designated ecological corridors; enhancing the natural environment, and including language on Best Available Science as mandated by the GMA. Ms. Gould-Wessen gave an overview of changes to each Element of the Comprehensive Plan (also known as Chapter's 1 through 12). Ms. Gould-Wessen described when asked by Steve Dowell what the newest changes brought to the Board included: a new Table 4.1 in the Land Use Element that accounts for the acreage within each land use designation and what kind of zoning would be allowed in each land use; revisions to land use policies (i.e. LU-9.1 & 9.2) based on comments by the State Department of Community Trade & Economic Development (CTED) and 1,000 Friends of Washington concerning 4-dwelling units per net acre and establishment of flexible regulations to support urban density; Map changes of Figures 8.3 & 8.4 to include Tukwila sewer and water districts and Figures 9.1 & 9.3 to illustrate all of Kent classified roads and give full recognition that Kent Bicycle Advisory board conducted the Bicycle Facilities inventory; the inclusion per GMA of the Kent Shoreline Master Program's goals & policies; and expansion of the Supporting Documents appendices. Ms. Gould-Wessen addressed questions from David Malik concerning the 2001 Storm Water Manual. Chair Johnson declared the Public Hearing open. Mr. Novak, 292261le Avenue SE,Auburn,WA opined that the 2002-2004 Comprehensive , Plan needs to include a revised Critical Areas Ordinance reflected in the Land Use Policies and all areas of the Comprehensive Plan affected by a revision to the Critical Areas Ordinance. Mr. Novak spoke about his concerns concerning the Endangered Species Act and the development of environmental regulations that would prevent further diminishment of the wild salmon in our region, stating the Comprehensive Plan should encompass that issue. , In response to Mr. Novak, Ms. Gould-Wessen stated that the Critical Areas Ordinance would be a subject coming before the Board within the next couple of months. Ms. Gould-Wessen also described several policies which addressed Mr. Novak's concerns (namely LU-22.2, LU- , 22.3, LU-26.9,and LU-26.10). Chair Johnson expressed the Board's desire to include Mr. Novak's input when the Critical Areas Ordinance is brought before the Board for consideration. Ms. Gould-Wessen clarified that the Critical Areas Ordinance will be regulatory in nature and support what has been written in Kent's Comprehensive Plan. ' Seeing no further speakers, Steve Dowell MOVED and David Malik SECONDED to close the public hearing. Motion CARRIED. Ms. Gould-Wessen stated that staff anticipates a Council study workshop on March 30th where the Comprehensive Plan will be presented in its entirety and discussed by Council; staff anticipates direction from Council at that point. Land Use and Plarwng Board lAnutes ' March B.2004 Page 3 of 4 After deliberating, the Board members voiced their support to send the Updated Comprehensive Plan to City Council along with conditions as stated by David Malik. Steve Dowell MOVED and Elizabeth Watson SECONDED to forward CPA-2002-1 Kent's Comprehensive Plan Update to City Council with a recommendation of approval along with the following concerns expressed by David Malik: ' • Change zoning on 272nd between Military Road and 1-5—behind Circle K and • Change zoning on Pacific Highway to allow for the development of car lot sales and a casino to generate a source of revenue for the City of Kent. • Review zoning on Mobile Home Parks • If Storm Water Regulations are amended, the City should incorporate those changes with new regulations to notify developers, real estate agents and property owners. Concerning Storm water Regulations, staff needs to provide public notification to citizens, developers, real estate companies, owners or agents and brokers prior to implementing any proposed changes. Motion CARRIED 5 to 0 with Board Member Ferguson abstaining. REVISION OF LAND USE 8r PLANNING BOARD BY-LAWS Planning Manager Charlene Anderson stated that there was no provision in the By-Laws for I notification of absences and felt it appropriate to include proposed language which states "a Board Member shall notify the Planning Manager or Board Chair whenever the member will be absent from a workshop, regular or special meeting, providing a reason for the absence. Failure to do so will result in an unexcused absence." She stated that this provision provides a method of better documenting absences. Ms. Anderson stated that the other proposed amendment deals with the need for four affirmative votes on comprehensive plan amendments and on election of officers. She stated that just recently there were many three to two votes on an issue before the Board based typically on the fact that a full contingent of Board members was not present. The proposal in the amended By-Laws is to take that requirement for four affirmative votes out and leave let the quorum majority decide an issue Ms. Anderson stated that the third proposed change talks about recording of minutes She stated that the Board has inquired as to why we need to record retreats,workshops etc. The Law Department found no legal requirement to record workshops or retreats. The proposed amendment would require recording of a meeting only when a public hearing is held at the meeting. After deliberating, the Board decided that they would discuss this at the next Board workshop. ADJOURNMENT Steve Dowell MOVED and David Malik SECONDED to adjourn the meeting. Motion CARRIED. The meeting adjourned at 8:20 pm. Respectfully Submitted, Charlene Anderson, AICP, Planning Manager Secretary, Land Use and Planning Board S.1 NwnffiP/anILUPB%20041Minutesw3o8Wmn.doc Land Use and Planning Board Minwas March 8.2004 Page 4 of 4 PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES May 17,2004 COMMITTEE MEMBERS: Chair Tim Clark,Ron Harmon,Bruce White ' The meeting was called to order by Chair Clark at 4:00 P.M. Approval of Minutes of April 19,2004 Committee Member White moved and Committee Member Harmon seconded a motion to approve the minutes of the April 19,2004 meeting. The Motion carved 3-0. 2004 Comprehensive Plan Update(#CPA-2002-1) Planner Gloria Gould-Wessen explained the process by which Kent's Comprehensive Plan (the Plan) had been updated. She summarized the update and focused on concerns identified in Council Study Sessions Ms Gould-Wessen and Community Development Director Fred Satterstrom addressed the Committee's concerns with the proposed language in Policy TR-6.6 for cul-de-sac streets and the history on connectivity After discussion,the Committee agreed to return the original word "Limit"and remove the word"Prohibit". Ms. Gould-Wessen explained the need for the Policy LU-9.1 on urban density and responded to the Committee's concerns. After discussion, the Committee agreed to keep the word "Encourage" from an earlier edited version of the policy and remove the word "Consider", so as to read `Encourage increasing residential densities to,four(4)units per net acre,...". Council President Julie Peterson expressed concerns with either wording for Policy LU-9 1. Assistant City Attorney Kum Adams Pratt responded to the Committee's questions concerning changing the language further without holding a public hearing, and reaffirmed the aforementioned changes could be made with no additional public hearings Ms Gould-Wessen identified three (3) options for moving forward on Policy LU-9 1. The Committee unanimously favored adding to Planning Services' 2004 Work Program the item to analyze all SF-1 and SF-3 land use designations based on case law from the Growth Management Hearings Board on urban density This matter would be brought forward in the following "Supporting Regulations(#CPA-2004-1)" Ron Harmon moved and Bruce White seconded a motion to recommend approval of#CPA-2002-1 2004 Comprehensive Plan Update as recommended by the Land Use and Planning Board and forward to the full ' City Council for adoption with amendments. Motion Carried 3-0 2004 Comprehensive Plan Update-Supiwrtine Regulations(#CPZ-2004-1) Ms Gould-Wessen outlined completed regulatory actions that support the 2004 Comprehensive Plan Update , (the Plan) and State GMA legislation, as well as regulatory actions presently in progress. Ms. Gould-Wessen identified existing and future strategic or operating plans that support the Plan. She announced that Public Works is generating a Comprehensive Transportation Plan and that Planning Services is in the process of updating the Downtown Strategic Action Plan Ms. Gould-Wessen explained that Titles 11, 12 and 15 of the City Code will be reviewed to assess compliance with updates in the Plan and GMA legislation She described how staff proposes to take a ' strategic approach in the development of regulations, using tools provided by state and regional agencies involved in GMA Chair Clark voiced his concerns over County land use actions in Kent's PAA that conflict with the City's ' land use policy on casinos and wanted to know how to protect the City's interests within the PAA Planning Manager Charlene Anderson addressed Chair Clark's issues, stating that the GMA directs the City to coordinate efforts with adjacent cities as well as the County Bruce White moved and Ron Harmon seconded a motion to recommend approval of the process for review of implementing regulations for the 2004 Comprehensive Plan Update via a resolution to be considered by the City Council on June 15,2004. Motion Carved 3-0. , Chair Clark adjourned the meeting at 5.10 p.m. Pamela Mottram, Admin Secretary,Planning Services S IPermitlPlanPlanning Comm+ttee120041A4inutea1051704pc-min2 doc PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES June 14,2004 ' COMMITTEE MEMBERS: Chair Tim Clark,Ron Harmon,Bruce White The meeting was called to order by Chair Clark at 4:00 P.M Approval of Minutes Committee Member White MOVED and Committee Member Harmon SECONDED a motion to approve the minutes of the May 17,2004 meeting The Motion CARRIED 3-0 2004 Comprehensive Plan Update(#CPA-2002-1)Policy TR-5.6 and Policy LU-9.1 Planner Gloria Gould-Wessen explained the intent and purpose of Kent's Comprehensive Plan She stated that the Planning Committee and subsequently the City Council at their June I" meeting remanded the Comprehensive Plan's proposed language for Policy TR-5.6 within the Transportation Element and Policy LU-9.1 within the Land Use Element back to staff for further review Ms. Gould Wessen described the proposed language for Policy TR-5.6: as Foster connectivity of new development with the surrounding neighborhood She stated that the intent of dus policy is to honor the need for connectivity with community services and to recognize the need to protect geographic or environmentally sensitive areas ' Deputy Police Chief Chuck Miller, Assistant Fire Chief Ken Weatherill and Transportation Engineering Manager Steve Mullen addressed the Committee with regard to connectivity, access, circulation issues and the ability to provide the community with effective response time for fire and police emergency services. Ms Gould-Wessen addressed social implications of connectivity. Tom Sharp, TNS Properties, POB 918, Maple Valley, WA 98032 stated that cul-de-sacs breeds good neighborhoods and it would be a disservice to the city to limit cul-de-sacs development. ' Ms. Gould-Wessen and Planning Manager Charlene Anderson addressed the Committee's concerns with how the City defines cul-de-sacs. Ms. Kim Adams Pratt, Asst City Attorney explained that if the Committee forwards policy language,that the public has not yet had an opportunity to comment on then a public hearing would need to be held limited to the new policy language. Ron Harmon MOVED and Bruce White SECONDED a motion to amend Policy TR-5 6 by adding new language:"allowing cul-de-sacs where appropriate". The Motion CARRIED 2-1 with Tim Clark objecting ' Ms Gould-Wessen stated that Policy LU-9 1 deals with the City's need to absorb anticipated growth in the next 10 to 20 years with the target being over 4,000 new housing units. Kent has been designated by the County as an urban community. She stated that at the Central Puget Sound Growth Management Hearings Board has heard cases dealing with the issue of what is considered an urban density for housing and the ' Hearings Board has set forth a bright-line rule of(4)four units per net acre for urban densities Ms. Gould-Wessen described the proposed language reflected concerns expressed by Washington State Department of Community Trade and Economic Development, as well as 1000 Friends of Washington over the City's existing land use densities of one and three dwelling units per acre Ms. Gould-Wessen addressed concerns raised by Ron Harmon and Tim Clark concerning zoning and land use designation densities as well as any impacts associated with adoption of this policy. Bruce White MOVED and Ron Harmon SECONDED a Motion to accept the language as amended for Policy LU-9.1. The Motion CARRIED 3-0. Ron Harmon MOVED and Bruce White SECONDED a Motion to forward the Comprehensive Plan back to the Full Council with a public hearing on the additional language recommended by the Committee for Policy TR-5 6. The Motion CARRIED 3-0 Chair Clark adjourned the meeting at 4:50 p.m. Pamela Mottram, Admin Secretary,Planning Services S Wermlt PlanlPlannmg Commatee12004Wtnutes1061404pc-min doc t CONSENT CALENDAR 6. City Council Action: Councilmember bu� moves, Councilmember seconds to approve Consent Calendar Items A through Discussion ' Action 6A. Approval of Minutes. �� Approval of the minutes of the regular Council meeting of June , 2004. 6B. Approval of Bills. Bills and checks have not been approved for payment at this time. i 1 I Council Agenda Item No. 6 A-B • KENT Kent City Council Meeting WASHINGTON June 15, 2004 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Councilmembers present: Clark,Harmon, Ranniger, Thomas and White. Councilmembers Peterson and Raplee were excused from the meeting. (CFN-198) CHANGES TO AGENDA B. From the Public. (CFN-198) Continued Communications Item A was added at the request of Bob O'Brien. PUBLIC COMMUNICATIONS A. Chiefs Award of Valor Presentation. (CFN-122) Police Chief Crawford and Deputy Chief Miller presented Parks employee David Heldt with the Award of Valor for recent actions during a car jacking attempt. B. Medal of Valor Presentation. (CFN-122) Police Chief Crawford and Deputy Chief Miller presented Police Officer Phil Johnson with the Medal of Valor for his actions in pursuit of an armed robber. C. Introduction of Appointee. (CFN-997) Mayor White introduced his appointee to the Bicycle Advisory Task Force. D. Economic Development Update. (CFN-198) Economic Development Manager Torgelson gave a brief update including permit valuation, manufacturing and real estate. PUBLIC HEARINGS A. Street Vacation, Portion of 145th Place SE. (CFN-102) Resolution No. 1668 established June 15, 2004, as the date for a public hearing on the petition from Schneider Homes to vacate a portion of 145 h Place SE. Community Development Director Satterstrom explained the proposed vacation and location. He submitted letters from the Loe Estates Community Organization, Meridian Firs, Division I, and the Bonneville Power Administration relating to traffic,property values, safety and drainage issues. CLARK MOVED to make the letters part of the record. White seconded and the motion carried. Satterstrom noted that staff recommends approval with ten conditions. Mayor White opened the public hearing. Kris Muckerheide, President of Loe Estates Community Association, requested that the area remain as it is permanently. Michael Weros, 24845 144 h Place SE, agreed. Wickstrom outlined for Marian Kennedy, President of Meridian Firs, 24833 145t' Lane SE, the road,pathway and emergency access, and addressed her concern about drainage. Fred Warden, 25023 144`h Place SE, President of Meridian Firs, Division 2, said most of the residents do not want additional traffic and urged the Council to keep the street closed. CLARK MOVED to continue the public hearing to the July 6, 2004, Council meeting. Harmon seconded and the motion carried. 1 Kent City Council Minutes June 15, 2004 CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through T. White seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of June 1, 2004 were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through May 15 and paid on May 14 after auditing by the Operations Committee on May 18, 2004 was approved. Approval of checks issued for vouchers: Date Check Numbers Amount 5/14/04 Wire Transfers 1699-1714 $1,306,191.45 5/14/04 Prepays & 562762 819,818.44 5/14/04 Regular 563307 832,127.25 $2,958,137.14 C. Development Regulations Update. (CFN-961) Resolution No. 1680 relating to review and revision of development regulations in compliance with the Growth Management Act was adopted. D. Excused Absences for Councilmembers Peterson and Raplee. (CFN-198) Excused absences from tonight's City Council meeting for Council President Peterson and Councilmember Raplee, who are unable to attend, were approved. E. Interlocal Agreement with King County Drainage District No. 1 for Springbrook Creek Restoration. (CFN-1038) The Mayor was authorized to sign the interlocal agreement between the City of Kent and Drainage District No. 1 of King County and authorize staff to accept the money and establish a budget for the funds to be spent within the project. F. Interlocal Agreement with King County Drainage District No. 1 for Springbrook Creek Culvert Replacement. (CFN-1038) The Mayor was authorized to sign the interlocal agreement between the City of Kent and Drainage District No. 1 of King County and authorize staff to accept the money and establish a budget for the funds to be spent within the project. G. Purchase and Sale Agreement for Upper Meridian Valley Creek Improvements Proiect Easement. (CFN-470) The Mayor was authorized to complete the property transaction for the purchase of real property located at 23808 132"a Avenue S.E. as identified in the Real Estate Purchase and Sale Agreement. H. LID 352 Charge In Lieu of Assessment. (CFN-1195) The Public Works Department was authorized to establish a charge in lieu of assessment for storm sewer connection for the affected properties. 2 Kent City Council Minutes June 15,2004 I. Interlocal Agreements with Cities of Federal Way and Milton for Fleet Services Including Associated Full Time Equivalents. (CFN-1038) The Mayor was authorized to sign two separate Interlocal Agreements to provide fleet services to the Cities of Federal Way and Milton, and the 2004 budget and personnel were authorized and established. J. Quit Claim Deed for 128th Avenue SE And Easement Granting to Water District 111. (CFN-1038) The Mayor was authorized to execute a Quit Claim Deed turning a portion of City property in the vicinity of 128a'Avenue S.E. and SE 266`s Street into street right-of-way for 128`}' Avenue S.E.,and to grant Water District#111 an easement on a portion of the balance of City property for water utility purposes subject to concurrence with the language, location,and terms of the easement. K. Release Utility Easement Rights Per Ordinance No. 585. (CFN-102) The Mayor was authorized to release utility easement rights identified by the Public Works Director that were reserved as a condition of Ordinance No. 585, on condition that the City be compensated for the fair market value. L. LID 353 Final Assessment Roll Ordinance. (CFN-1269) Ordinance No. 3695 approving and confirming the assessments and the assessment roll of Local Improvement District No. 353 for the construction of the City's S. 228o' Street Corridor project, and levying and assessing a part of that cost and expense against the lots, tracts, and parcels of land shown on the assessment roll that will receive special benefits as a result of the project was adopted. M. Central Avenue North Improvements Project. (CFN-1038) The Central Avenue North Improvement project was accepted as complete and release retainage to R.W. Scott Construction upon standard releases from the state and release of any liens. N. Corrosion Control Facility. (CFN-1038) The Corrosion Control Facility project was accepted as complete and release retainage to Nordic Construction upon standard releases from the state and release of any liens. O. Plat of Blueberry Farm (Willow Point) Infrastructure Improvements Bill of Sale. (CFN-484) The Bill of Sale for Plat of Blueberry Farm (Willow Point) submitted by Robert N. Parnell for the continuous operation and maintenance of 663 feet of watermains, 1126 feet of sewers, 590 feet of street improvements, and 649 feet of storm sewer was accepted. P. Plat of Stonewood Infrastructure Improvements Bill of Sale. (CFN-484) The Bill of Sale for Plat of Stone Wood submitted by Norman E. Larson for the continuous operation and maintenance of 342 feet of watermains, 738 feet of sewers, 540 feet of street improvements,and 1190 feet of storm sewer was accepted. Q. Ordinance Revising Kent City Code Section 9.38.60 Regarding Two Hour Parking Zones. (CFN-171) Ordinance No. 3696 amending Section 9.38.060 of the Kent City Code to add an additional two (2)hour parking zone for that portion of Railroad Avenue between Smith Street and James Street,on the east side only was adopted. 3 Kent City Council Minutes June 15,2004 R. Green River Duwamish Restoration Project Consultant Services Agreement. (CFN-1038) The Mayor was authorized to sign the Consultant Services Agreement between the City of Kent and Thompson Smitch Consulting Group, Inc. for the Green Duwamish Restoration Project upon concurrence with the language. S. Pacific HiQhway Appraisal and Neeotiations Service Contracts. (CFN-1038) The Mayor r was authorized to sign the Consultant Services Agreement for right-of-way/easement acquisition appraisals with the Eastman Company and a Consultant Services Agreement with Certified Land Services and Lane and Associates. T. Bicycle Advisory Board Appointment. (CFN-997) The Mayor's appointment of Aaron Renner to serve as a member of the Kent Bicycle Advisory Board was confirmed. BIDS A. S. 212th Street Pavement Rehabilitation. (CFN-1054) The bid opening for this project was i held on June 1, 2004, with four bids received. The low bid was submitted by Western Asphalt, Inc. in the amount of$338,762.74. The Engineer's estimate was $426,176.25. WHITE MOVED to award the South 212th Pavement rehabilitation contract to Western Asphalt, Inc. in the amount of$338,662.74. Clark seconded and the motion carried. B. Pacific Highway South Storm Drainage Improvements. South 268th Street to South 252nd Street. (CFN-1038) The bid opening for this project was held on May 20, 2004, with nine bids received. The low bid was submitted by Pivetta Brothers Construction, Inc. in the amount of $539,700.50. The Engineer's estimate was $599,131.00. WHITE MOVED to award the Pacific Highway South Storm Drainage Improvements, South 268th Street to South 252nd Street contract to Pivetta Brothers Construction, Inc. in the amount of$539,700.50 Clark seconded and the motion carried. REPORTS C. Public Safety Committee. (CFN-198) Ranniger announced that the next meeting will be at 5:00 p.m. on Thursday, June 17th. F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be held at 4:00 p.m. on June 17th and that Parks Director Hodgson has received the Washington Recreation&Parks Association Honor Fellow Award. G. Administrative Reports. (CFN-198) Martin noted an Executive Session of approximately five minutes regarding property disposition with no action anticipated afterward. CONTINUED COMMUNICATIONS A. Overtime, Property,Bid and Fleet Services. (CFN-198) Bob O'Brien, 1131 Seattle Street, voiced concern about overtime, surplus property, a bid on a roof repair and fleet services for other cities. Martin responded to the issues. B. Focus Group. (CFN-198) Mayor White asked for volunteers to serve on a focus group to look at next years budget. Bob O'Brien agreed to be a part of the group. 4 Kent City Council Minutes June 15, 2004 EXECUTIVE SESSION The meeting recessed to Executive Session at 7:47 p.m. and reconvened at 7:55 p.m. (CFN-198) ADJOURNMENT WHITE MOVED to adjourn at 7:55 p.m. Harmon seconded and the motion carried. (CFN-198) iBrenda Jacober, CMC City Clerk 5 Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: PACIFIC HIGHWAY SOUTH HOV LANES PROJECT, CONDEMNATION ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. providing for condemnation of property rights for real property between Kent-Des Moines Road and South 272a Street adjacent to Pacific Highway South, in order to construct road improvements and underground electrical systems for the Pacific Highway South HOV Lanes Project. The ordinance also provides for payment to be made out of the Pacific Highway South HOV Lanes Project fund, and authorizes the city attorney to prosecute the appropriate legal proceedings, and enter into settlements, stipulations, or other agreements. The City is in the process of negotiating these real property purchases with the affected owners and intends to reach a satisfactory settlement for all parties. In the event the City is not able to amicably resolve any disputes, though, this ordinance provides the initial authority to file suit to purchase the property by eminent domain. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? No Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C 1 PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E Public Works Director . Phone 253-856-5500 Fax 253-856-6500 K E N T WASHINGTON Address, 220 Fourth Avenue S Kent,WA 98032-5895 1 DATE: June 16, 2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom,Public Works Director THROUGH: SUBJECT: Condemnation Ordinance for Pacific Highway South HOV Lanes Project MOTION: Recommends to full Council authorization to adopt Condemnation - Ordinance # , for obtaining needed right-of-way for the Pacific Highway South HOV Lanes Project. ' SUMMARY: In order to construct the Pacific Highway South HOV Lanes Project it will be necessary to acquire private property from 64 property owners. This ordinance provides the mechanism to i proceed, if necessary, to condemnation on those properties for which the typical methods of negotiation have failed. The Public Works Department recommends adoption of the Condemnation Ordinance BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact BACKGROUND: Because the City's Pacific Highway South HOV Lanes Project is being constructed with federal funds, we are required to follow federal guidelines for the acquisition of property These i requirements mandate, among other things, that the City acquire all right-of-way required for the project prior to the start of construction. These federal requirements have lengthened the time period needed for right-of-way acquisition. In order to avoid the potential of losing our federal grants, it is our desire to start construction in early 2005. To accomplish this schedule, it is prudent to have the necessary condemnation tools in place should they be needed. The City has begun the acquisition process and is proceeding with good-faith negotiations with all of the owners. The City will avoid, as much as possible, utilizing the condemnation process. Additional safeguards are provided in federal regulations which provide limitations on how condemnation can be utilized. The Public Works Department recommends adoption of this Condemnation Ordinance. Mayor White and Kent City Council Name of Project-Authorize Date,2003 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition of real property and/or property rights between Kent-Des Moines Road and South 272nd Street adjacent to Pacific Highway South, in order to construct the underground electrical 1 system for the Pacific Highway South HOV Lanes Project; providing for the condemnation, appropriation, taking and damaging of such surface and aerial property rights as are 1 necessary for that purpose; providing for the payment thereof out of the Pacific Highway South HOV Lanes Project fund (Fund No. R90614.64140.220); directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations or other agreements; and acknowledging that all of said property is located within King County, Washington. i NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION L After hearing the report of City staff, and after reviewing the planned improvements for the Pacific Highway South HOV Lanes Project (the "Project"), the City Council finds and declares that the public convenience, use, health, safety and necessity demand that the City of Kent condemn, appropriate, take and 1 Pacific Highway South HOV Lanes Project Condemnation Ordinance 1 damage portions of certain real properties located in King County, Washington, in order to acquire the necessary real property and/or property rights for the construction of the Project, including all necessary appurtenances. The properties affected by this ordinance are legally described in Exhibit A, attached and incorporated by this i reference (collectively the "Property"). The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, reconstruction and restoration of the Project, and any other municipal purpose that may i be necessary from time to time on the Property. SECTION 2. The City authorizes the acquisition by condemnation of all or a portion of the Property for the construction, extension, improvement, widening, alteration, maintenance and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvement according to City standards. SECTION 3. The City shall condemn the Property only upon completion of all steps and procedures required by applicable federal or state law or regulations, and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's "Pacific Highway South HOV Lanes Project" fund (Fund No. R90614.64140.220) or from any of the City's general funds, if necessary, as may be provided by law. SECTION 5. The City authorizes and directs the city attorney to commence those proceedings provided by law that are necessary to condemn the Property. In commencing these condemnation procedures, the City Council authorizes 2 Pacific Highway South HOV Lanes Project Condemnation Ordinance the city attorney to enter into settlements, stipulations, or agreements in order to minimize damages. These settlements, stipulations, or agreements may include, but are not limited to, the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6. Any acts consistent with the authority and prior to the ieffective date of this ordinance are ratified and confirmed. SECTION 7. The provisions of this ordinance are declared to be separate and severable_ The invalidity of any clause, sentence, paragraph, subdivision, jsection or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, ior the validity of its application to other persons or circumstances ■ SECTION 8. Tlus ordinance, being the exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect and be in force five (5) days after its publication as provided by law. JIM WHITE, MAYOR ATTEST: i BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 3 Pacific Highway South HOV Lanes Project Condemnation Ordinance PASSED: day of , 2004. APPROVED: day of , 2004. PUBLISHED: day of , 2004. 1 hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\Clvd\ORORdANCE\Condemn-P=HwyHOVL m doe [ 1 [ 4 Pacific Highway South HOV Lanes Project Condemnation Ordinance Lx.HA No. 462621 Commencing at a point on the east line of the southwest quarter of Section 28, Township 22 North, Range 4 East, W.M , in King County, Washington, which is 1908 52 feet north of the southeast corner thereof, said point being the northeast corner of Tract 22 of Secoma Hi-Way Tracts, unrecorded, Thence continuing north along said east line 230 01 feet to the southeast corner of Tract 12 of said unrecorded plat and the TRUE POINT OF BEGINNING; Thence north 88°10138" west along the south line of said Tract 12 871.51 feet to the easterly margin of Pacific Highway South (State Road #1) ; Thence south 20043140" west along said easterly margin 121 56 feet; Thence south 88°10'38" east 912 07 feet; Thence north 010141080 east 115 05 feet to the TRUE POINT OF BEGINNING, (ALSO KNOWN AS Unplatted Tract 13, Secoma Hi-Way Tracts, according to the plat thereof recorded in Volume 37 of Plats, page 42, in Ring County, Washington.) 1 No. 396462 Lot 19 and the north half of Lot 20 Addition, according to the plat thereof orecordeddanaVolumeW30 of Plats, page 1, in King County, Washington. . 1 No 565844 That portion of the northeast quarter of the northeast quarter lying in Section 21, Township 22 North, Range 4 East, W.M., in King County, Washington, lying westerly of State Highway No. 1 and northerly of the easterly extension of the north line of Lot 1, Block 7, Interurban Heights Fifth Section, recorded in Volume 17 of Plats, page 85, and southerly of the easterly extension of the south line of Lot 20, Block 6, Interurban Heights Sixth Section, recorded in Volume 17 of Plats, page 88, in King County, Washington. i 1 i i 1 No; 396450- '- That portion of Lot 2, Block 5, Federal Highway Addition, according to the plat thereof recorded in volume 30 of Plats, page 1, in Ring County, Washington, lying southwesterly of a line drawn parallel with and 95 feet distant southwesterly, when measured radially and/or at right angles, from the "A" line centerline survey of � Primary State Highway No. 1, Pierce County Line to Jct. Secondary State Highway No. 5-A; AND hots 3 and 4, Block 5, Federal Highway Addition, according to " the plat thereof recorded in Volume 30 of Plats, page 1, in Ring County, Washington; EXCEPT those portions of said Lots 3 and 4 conveyed to the State of Washington for highway purposes by deed recorded under Recording Number 5076617. Np. 396454 Lot 8, Block 5, Federal Highway Addition, according to the plat thereof recorded in Volume 30 of Plats, page 1, in King County, Washington; , EXCEPT that portion thereof described as follows: Beginning at the southeasterly corner of said Lot 8; Thence crest along the southerly boundary of said lot 120 feet; Thence northerly parallel to the easterly boundary of said lot a distance of 50 feet; Thence easterly parallel to the southerly line of said lot to the easterly boundary of said lot; Thence southerly along the easterly line thereof to the point of beginning. j - No. 396457 PARCEL A: , Lot C, City of Keat Lot Line Adjustment Number LL-96-6, recorded under Recording Number 9602060774; being a portion of Lots 9, 10 and , 11, Block 5, Federal Highway Addition, according to the plat thereof recorded in Volume 30 of Plats, page 1, in King County, Washington, PARCEL S• The vest 100 feet of Lots 11 and 12; Block 5, Federal Highway Addition, according to the plat thereof recorded in Volume 30 of Plats, page 1, in King County, Washington; EXCEPT the northerly 12 feet of said Lot 11. i No, 396460 The west 120 feet of Lots 16 and 17, Block 5, Federal Highway Addition, according to the plat thereof recorded in Volume 30 of Plats, page 1, in King County, Washington. 1 1 . 1 r No. 396460 The west 120 feet of lots 16 and 17, Block 5, Federal Highway Addition, according to the plat thereof recorded in Volume 30 of Plats, page 1, in King County, Washington. i i i 1 �i No. 396465 f Lot 22, Block 5, Federal Highway Addition, according to the plat thereof recorded_in Volume 30 of Plats, page 1, in King County, Washington. t i l 1 - j No. 396469 QARCSL A: , That portion of the northwest quarter of the northeast quarter of the northeast quarter of Section 22, Township 22 North, Range 4 $ast, A.M., in Ring County, Washington, lying east of the east margin of Pacific Highway South (State Road No. 1); EXCEPT the north 30 feet for South 240th Street and the west half of the northeast quarter of the northeast quarter of the northeast quarter of Section 21, Township 22 North, Range 4 Bast, W.M., in King County, Washington;, EXCEPT the north 30 feat for South 240th Street; EXCEPT that portion thereof deeded to the State of Washington by Deed recorded under Recording Number 9602081412. PARCEL.B: That portion of the north half of the south half of the northeast quarter of the northeast quarter of Section 21, Township 22 North, Range 4 East, W.M., in King County, Washington, lying easterly of State Highway No. 1. t l No. 396470 That portion of the south half of the south half of the northeast quarter of the northeast quarter of Section 22, Township 22 North, Range 4 East, W.M., in King County, Washington, lying east of the east margin of State Road No. 1 (Pacific Highway South) as conveyed to the State of Washington by deed recorded under Recording Number 19990267. 1 ' No. 396471 That portion of the north half of the north half of the southeast quarter of the northeast quarter of Section 21, Township 22 North, Range 4 East, W.M.,•in King County, Washington, and of any portion of -Lots 6, 7, 8, 9 and 10, in Block 18 of Interburban Heights-Fourth Section, according to the plat thereof recorded in Volume 17 of Plats, page 86, in Icing County, Washington, lying within a tract of land described as follows; Beginning at the intersection of the northerly line of the north half of the north half of the southeast quarter of the northeast quarter of said section with the easterly line of State Road No. 1; thence north 89*45100" east along said northerly line 279.34 feet; thence south 0*29,00• east parallel with the easterly line of said subdivision 225.432 feet to the northerly line of the southerly 100.00 feet in width of said subdivision; thence south 89*49,00" west along said northerly line and the , production thereof to the easterly line of State Road No. 1; thence north 8°52133' east along said easterly line to the point of beginning. , f No. 396472 , _ That portion of the north half of the north half of•the southeast quarter of tbe,northeast quarter of Section 21, Township 22 North, Range 4 East, W.M•, in King County, Washington, and of Block 18, Interurban Heights Fourth Section,,according to the plat thereof recorded in Volume 17 of Plate, page 86, in King County, Washington, described as follows% Beginning at the southeast corner of said north half of the north half of the southeast quarter of the northeast quarter; Thence south 8964910011 west along the southerly line thereof 250.00 -�- feet to the TRUE POIIj'P OF BEGINNING; _ Thence north 0'29'DO" west parallel with the easterly line of said subdivision to the north line of said subdivision; Thence west along said north line 400.00 feet; Thence south 0029100" east parallel with the east line of subdivision to a point 300.001 feet north of the south line of said,subdivision; w Thence south 89049400■ est parallel with the south line of said subdivision 677.983 feet, more or less, to the easterly line of State Road No. 1; Thence south 8*5213311 west along said easterly line 101.258 feet to the intersection of said easterly line with the south line of said subdivision, from which point the TRUE POINT OF BEGINNING bears north 8.904910011 east; Thence north 899491004 east along said south line 1094.42 feet to the TRUE POINT' OF BEGINNINGS; I _ ' EXCEPT any portion thereof in said Block 18 that may lie north of the north line; of Lot 6 in said Block Ia. i f I t i t , L Order No. 396476 PARCEL A: Lot 20, Block 18, Interurban Heights-Third Section, according to the plat thereof recorded in volume 17 of Plats, page 87, in King County, Washington; TOGETHER WITH the north half of vacated Birch Street adjoining, EXCEPT that portion thereof for State Road No. 1; AND EXCEPT portion thereof lying north of the north boundary line of the southwest quarter of the southeast quarter of the northeast quarter of Section 21, Township 22 North, Range 4 East, W.M., in King County, Washington, produced westerly to the intersection of the east boundary line of State Road No. 1; (ALSO KNOWN as Lot A of City of Kent Lot Line Adjustment No. LL-97- 15, recorded under Recording Number 9709181235) PARCEL B: Lots 1, 2 and 3, Block 19, Interurban Heights-Third Section, according to the plat thereof recorded in Volume 17 of Plats, page 87, in King County, Washington; EXCEPT portion thereof for State Road No. 1; TOGETHER WITH: that portion of vacated Yukon Avenue adjoining; AND TOGETHER WITH the south half of vacated Birch Street adjoining, (ALSO RNOWN AS Lot B of City of Kent Lot Line Adjustment No. LL-97- 15, recorded under Recording Number 9709181235) . PARCEL C- The north half of the southwest quarter of the southeast quarter of the northeast quarter of Section 21, Township 22 North, Range 4 East, W M., in King County, Washington; EXCEPT the south 40 feet and the east 60 feet thereof; AND EXCEPT the west 175 feat of the south 187 feet of said subdivision; (legal description, continued) Order No. 396476 LEGAL DESCRIPTION, continued: TOGETHER WITH a portion of said north half of southwest quarter of the southeast quarter of the northeast quarter of Section 21, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the southeast corner of said subdivision; Thence north 870S5121m west for 483.97 feet; Thence north 01*051241, east for 257.02 feet to the TRUE POINT OF BEGINNING; Thence north 73003131" west for 116.94 feet to a point on the north line of the south 187 feet of said subdivision, Thence south 8765512i" east along said north line for 112.51 feet, Thence south 01005124" west for 30.00 feet to the TRUE POINT OF BEGINNING; AND EXCEPT the east 45.40 feet of the west 220 40 feet of the north 117 feet of the south 157 feet of said north half of the southwest quarter of the southeast quarter of the northeast quarter of Section 21, Township 22 North, Range 4 East, W M., in King County, Washington; AND EXCEPT any portion thereof lying utithin the plat of Interurban Heights-Third Section, according to the plat thereof recorded in ' volume 17 of Plata, page 87, in King County, Washington; (ALSO %MOWN AS Lot C of City of Kent Lot Line Adjustment No. LL-97- 15, recorded under Recording Number 97091812351 , i i i I 1 No. 396478 All of Lots 10 and 11, Block 19, and those portions of Lots 9 and 12, in said Block 19, and of•Lots 9, 10, 11, and 12, Block 20, and of vacated Yukon Avenue, all in the Plat of Interurban Heights Third, Section, according to the plat thereof-recorded in Volume 17 of Plats, page 87, in Icing County, Washington, described by metes and ' bounds as follows: ' Comrgencing at the northeast corner of Section 21, Township 22 North, Range 4 Bast; W.M., in King County, Washington; Thence north 88048144" west along the north line of said Section 1320.45 feet to the northeast corner of the west half of the northeast quarter of said Section; Thence south V071099 west along the east line of said west half of the northeast quarter 2,224.58 feet to a point on the east line of , Lot 9, Block 19, of said Plat which point is at the easterly end of an existing cyclone fence and the TRUE POINT OF BEGINNING; Thence continue south 1007,09, west along the east line of said Lots 9, 10, 11 and 12, Block 19, a distance of 90.00 feet to a point on the east line of said Lot 22, Block 19; Thence north 88048144" west parallel to and distance 9.7D feet southerly measured from the north line of said Lot 12, Block 19, and prolongated westerly across vacated Yukon Avenue and parallel to and distant 9.70 feet southerly measured from the north line of said Lot 12, Block 20, a distance of 139.40 feet to the easterly margin of Pacific Highway South as now established; Thence north 20033100" east along said easterly margin 91.43 feet to a point in said existing cyclone fence; Thence south 880420380 east along said cyclone fence 124.43 feet to the TRUE POINT of BEGINNING; EXCEPT the south 9.70 feet thereof. I No. 396479 Lots 12 through 17, inclusive, and- Lots 19 and 20, Block 19; and ,Lots 12 through 20, inclusive, Block 20, all in Interurban Heights Third Section, according to the plat thereof recorded in Volume 17 of Plats, page 89, in Ring County, Washington; ' EXCEPT portion thereof deeded to the State of Washington for State Road Number•1; TOGWMR WITH vacated Yukon Avenue adjoining and portion of vacated South 248t° Street, formerly oak Street, adjoining; EXCEPT that portion of Lot 12, Block 19, Interurban Heights Third Section, according to the plat thereof recorded in Volume 17 of Plata, page, 87, in Xing County, Washington, and of vacated Yukon 'Avenue adjoining, lying south of the north line of Lot 12, and the same produced west, and lying north of the easement recorded under Ring County Recording Number 8202030608. I - t • t 1 i �r No. 396483 That portion of the north 100 feet of the south 90o feet of the northwest quarter of the southeast quarter of Section 21, Township 22 North, Range 4 East, W.M., in King County, Washington, lying east of the center line of State Road No. 1, as described in an easement from Weyerhauser Timber Company to the State of Washington dated March 3, 1925 recorded under Recording Number 1994319, in Icing County, Washington. i 1 1 � - 1 ' i No.` 396484 „ That portion of the north 175 feet of the south Boo feet of the northwest quarter of the southeast quarter of Section 21, Township 22 North, Range 4 East, W.M., in Ring County, Washington, lying easterly of the easterly margin of State Road No. 1; EXCEPT that portion thereof described as follows: Beginning at the intersection of the south line of the north 175 feet of the south Boo feet of the northwest quarter of the southeast quarter of said Section 21, with the easterly line of State Road "No. 1; • - Thence east, along said south line, 175 feet; Thence north, at right angles to said last course, 87.5 feet; Thence west to the easterly margin of State Road No. 1; 'Thence southerly along said easterly margin, to the point of beginning. t r No. 396486 That portion of the north 125 feet of the south 625 feet of the riorthwest quarter of, the southeast quarter of.Section 21, Township 22 North, Range 4 East, W.M., in King County, Washington, lying east ot the easterly line of Primary State Highway No. 1, as the same is ' described in an easement from Weyerhaeuser Timber,Company to the State of Washington dated March 3, 1925, recorded under Recording Number 1994319. No. 396491 Lot 2 of City of Kent Short Plat Number 75-14 recorded under Recording Humber 7512030325 records of King County, Washington, being a poxtion of the northwest quarter of the southeast quarter of Section 21, Township,22 North, Range 4 East, W.M., in King County, Washington, IL I i ' 1 PARCEL A: i No. 396491 •• _ l , That portion of the southwest_quarter of the southeast quarter 'of i section 21, Township 22 North, Range 4 East, W.M., is King` County, 'S f Washington,.descri.bed,as,follows: ` t 11, "Beginning ai the intersectioa of,the east right of way line of S& ". 99, Pacific Highway South, said point being 50.00 feet southeasterly . , " ,o4 the centerline thereof, and the south right of way line of south 252a° Street,-said point being 35,01 feet south of the centerline , e thereof] !:'•. "; ' - ',`_ `'•., Thence south 20043123" west,'126.93 feet`along the east right of way line of SR 99i Thence south P7044'04" east'S;27 feet to the,TRUS, POINT OF Thence south 87044104"t�east, 242.84 feet to a point`%of curve; `. t ;Thence northeasterly i►n are distance of 19.90 feet along a 25.00 foot radius `curve to, the left, through a central angle of 45°36-03• to a'point of tan Thence north 46039153" east 49.22 feet 1 I , t - - Thence north 2035156" east 77.80,feet to the south right of way line • ' of South 252A° Street; :M1 ` Thence north 87044104" west'129.66 feet along the south right of way line of South 252a° Street to a point of curve; Thence southwesterly an arc distance of 43.70 feet along* a,25.00 foot radius curve'to the left, through a central angle of 71*321330 ` to a point of ,tangency: i Thence south 20043123" west, a distance of 101.71 feet to 610se at the TR08 POINT OF BEG]2dN]STQ; ' = EXCEPT that portion thereof'deeded to the City of Kent by,deed 'recorded under Rgcordi.ng Number 9806032330. i {ALSO MrOWN1AS a portionrof Tract 1 of,Boundary Ling Adjustment No. L-98-13 reco' 'T; rded under Bing County Recording Number 9805121739)• PARCEL B: ' That portion,of the southwest quarter, of the southeast quarter of i Section 21, Township 22 North, Range 4 East, W.M., in King County, i Washington, described as *follows: ` :••> 'Oegal description, continued) ' , • LEGAL DESCRIPTION, continued: No. 396191 Beginning of the intersection,of the east right of way line of SR• ,99, Pacific highway South, -said point,being 50.00 feet southeasterly of the centerliner thereof, and the.south,right of way 11ne of South t -252ad Street;-said point being 35.01 feet south of the centerline ,'•Ihence•cbntinuing 'south 20643'23" west, 126.93 feet along the east, ` :right of way line of SR 99; '. .` 'Thence'sogth�97°44'04" ,east 5.27 feet to the TRUS POINT OP hEGINNIk; tir 'Phence south 20043r23" west, along the east right of way,line of SR :99 ,� , ,4,7.00 set to_the southwest corner of Tract 2; , Thence, south 87044,'04'i east,696.46 feet to the southeast corner of ` Tract'2; L 7'henae north 01005126" east 200.01 feet;' Thence north' 67°44'04" nest 240.08 feet; . xhence north of°05'269 east 65.01 feet to the south right of way line of South'252a° Street; > , 1 + . Thence north 87044+04"• west 243.05 feet1alo_ng,the'south right of way line of_South 25214 Street; Thence south 02015056" west 77,80 feet; Thence souPh_46039'53" west 49.12 feet to a point of curvet Thence southwesterly an arc distance of 19;90 feet along a 25.00 ' foot radius curve to the right, through a central angle of 45°36103" 'to a P6int„of tangency; ; ;Thence north 8r44104" west, 142.84' fget to close at the 'TRYR POINT ; Of'.SEpIETIdING; , . ti`- , (ALSO KNOWN�AS 'Tract 2 of,Boundary Line Adjustment No. LL-98-13 , recorded under•Ring County Recording Number•980,5121739 > ) ' , i 1 I L 1 r . r No. 396498 That portion of the south half of the northwest quarter of the southeast quarter of Section 21, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the northwesterly line of State Road No. 1 (also known as PacifLe Highway South? as granted to King County by deed recorded under Recording Number 2994319, with the Routh line of said subdivision; A Thence west along said, south line, 150 feet; ' Thence northeasterly parallel to the northwesterly line of said State Road bio. 1, a distance'of 206.63 feet; Thence east parallel to the south line of said subdivision, 150 feet] Thence southwesterly along the northwesterly line of said state Road No, 1, a'distance of 206.63 feet to the point of beginning; EXCEPT any portion thereof lying within South 2SVd Streetr AND EXCEPT that portion thereof conveyed to the City of Rent by deed recorded under Recording Number,9107230534. _ s r r 1 • - - r r I k . 1 ' r - No. 397206 hots -1 and 3, City of Kent Short Plat 78-14, recorded under King - County Recording Humber 7806290951, being a portion of the nortbweet quarter of the southeast quarter of Section 21, Township 22 North, I $ange 4,Bast,iW.M., in King County, Washington, i - I 1 t t I 1 I 1 I f f ' No. 397212 - Lots 17, 18, _19, 220 23 and 24, Block 17, Interurban Heights Fourth Section, according to the plat thereof recorded in Volume 17 of Plats, page 86, in King County, Washington, EXCEPT that portion of Lots 17, 18 and 19 condemned by the State of Washington for Primary State Highway #1; That,portion of Lot 20, Block 17, Interurban Heights Third Section, according to the plat thereof recorded in Volume 17 of Plats, page 87, in King County, Washington, lying west of Pacific Highway. Lot 21, Block 171 Interurban Heights Third Section, according to the = plat thereof recorded in Volume 17 of Plats, page 87, in King County, Washington. . i i r i f . i � i 1 , f i I • = = = •' No. 397213 Lot's 15 and 16, Block 17, Interurban Heights, Fourth Section, according to the plat thereog recorded in volume 17 of-Plats, page 86, in King County, Washington; EXCEPT portion thereof condemned by State of Washington for Primary , State-Highway No. 1. I 1 - 1 1 i I r - 397215 • Lots-1D, 11 and 12, Block 17, Interurban Heights - 4th Section, according to the plat thereof recorded in volume 17, of Plats, page 86, in King County, Washington; ; TOGETM PITH that portion of vacated Yucon Street adjoining said Lot 10 which attaches thereto by operation of law; EXCEPT that portion condemned by-the State of Washungton for _Pra.mary State Highway No. 1. i 1 � t 1 - 1 1 - No. 397216 The south 10 feet.of Lot 7, All of Lots 8 and 9, the south 10 feet of Lot 34 and all of Lots 32 and 33, All in Block 17, Interurban Heights, Fourth Addition, according to the plat thereof recorded in Volume 17 of Plats, page 86, in King county, Washington. i w 1 . 1 1 I - ` I No. 3572111 ' Lots �5'and.6,•the north 20 feet of Lot 7,-Lots 35, 36~and.37 and , - .= •, ',- tha north,20 feet'of Lot 34, Block-17, Interurban Heights Fourth Section, according to-the plat thereof 'recorded in Volume 17 of ; • 'Plats,' pagei.36t in King County, Washington; -:' -TOGETHER WITH that portion of vacated Yukon Street adjoining Lots _ •4,' 5 and •6 and the north 20 feet'of Lot. 7, which attaches thereto - by the operation of,law. ` e r 1 t1 No: 391218 That portion of Lots 1 and 3, Block .18, Interurban Heights-Fourth t Section, according to the plat thereof recorded in Volume 17 of Plata, page 86, in icing County,- washingtoa, lying west of Pacific Highway; TOGETHSH. WM the east half of vacated Yukon Avenue adjoining which attached by operation of law; AND , Lots 1, 2, 3 and 3B, Block 2.71 Interurban Heights-Fourth Section, 1 according to the plat thereof recorded in Volume 17 of Plate, page 89, in King County, Washington; TOG3TWR WITH the west half of vacated Yukon Avenue adjoining which attached by operation of law. _ I 1 i 1 1 _ r ` No. 397220 Los 9 through•12, ''inc lug ive,'tBlock 7; EXCEPT portion conveyed to-the State of Washington by instrument , = recorded under Recording Number 2014199; And Lots 9 through 12, inclusive, Block 8; 'TOGETHER WITH all,of the vacated Yukon Street lying between,Lots 9 , through 12, Inclusive.I Block 7, and Lots-9 through 12, inclusive, =Block 8, all in Interurban Heights, Fifth Division, according to the plat thereof recorded in Volume 17 of plats, page BS, in Icing _ County, Washington. ' 1 I i I r - r - r No. 397225 The north 297 feet (as measured along the west line) of that portion of the northeast quarter of the northeast quarter of Section 21, Township 22 North, Range 4 East, H.M., in Icing County, Washington, lying westerly of State Road No. 1, as established by Deed recorded under Xing County Recording Number 2990167; -EXCEPT the north 30 feet thereof conveyed to King County for road by Deed recorded under King County Recording Number 921231; AND EXCEPT that portion thereof conveyed to City of Kent by Deed recorded under King County Recording Number 8801200186; AND EXCEPT that portion thereof conveyed to the State of Washington by deed recorded under King County fieoording Number 9604171287. i f 14 r go..397226 The south 48.48 feet of Lot 30, as measured along the easterly line , of said Lot 30, and Lot 32, all in•Block 6, Federal Highway Addition,' according to the, plat thereof recorded in Volume 30 of Plats, page 1, in King County, Washington; EXCEPT the ;nest 20 feet in width thereof; AND EXCEPT that portion of said Lot 31, described as follows: Beginning at the southeast corner of said Lot 31; thence west_ , along the south line of said Lot 311 a'distance of,35 - fset; thence northeasterly, in a straight line, to a point 'on the east line of said Lot 31 which is 22 feet northeasterly of the point of beginning, as measured along said east line; thence southwesterly, along said east line, 22. feet to the point of beginning; t TOGETHER WITH a common use easement for ingress and egress, r described as follows: Beginning at the northeast corner of the hereinabove `described main tract; . thence northeasterly, along the westerly margin of U.S. 99 (Pacific Highway South) , a distance- of 25 feet; thence southwesterly, in a straight line, to a point on the north line of said main tract which is 25 feet west of the point of beginning, as measured along said north line; thence east, along said north line, 25 feet to the point of beginning; AND TOGETHER WITH a common use easement for ingress, egress and utilities, described as follows: , The west 20 feet of the south 48.48-feet, as measured along the easterly line, of the aforesaid Lot 30, and the west 20 feet of the aforesaid Lot 31, Block 6, Federal Highway Addition. r r t _ r 1 ` Ko. 397235• South 10 feet of Lot 17�and all of Lots 18, 19 and 20, Block 6, 1 Federal Highway Addition, according'to the plat thereof recorded in - Volume 30 of Plats, page 1, in King County, Washington. 1 1 t 1 1 t 1 No. 462602 Lot 14 City of Kent Short Plat #SP2000-20, according to the short plat recorded under Recording Number 200108215900001, being a portion of The northwest quarter of the northeast quarter of Section 28, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion deeded to the City of Kent by deed recorded under Recording Number 20010523001442 i 1 i 1 . 1 t . 1 1 1 1 1 S . No. 462603 • , That portion of the west half of the northwest quarter of the northeast quarter of, Section 28, Township 22_North, Range 4 East, ; W.M., in King County, ,Flashingtoa, described as follows: Commencing at the north quarter corner of said section; y' Thence south 1013148' west along the west line of said subdivision ' t; 631.60 feet to the southeasterly margin of Primary State Highway ,Number 1 (SR99)j Thence north-.20"42'07" east along said highway margin 42.43 feet to ' the- point of beginning] 1 . ' -Thence south'67°42.23- east, parallel with the north line of said subdivision, 644.45 feet to the east line ,of said subdivision; Thence north V1011V east along said east line 591.34 feet to the north line of said subdivision; Thence north 87°42'23v west along said north line 436.03 feet to the ` y southeasterly margin of said highway; . • . , ' Thence south 20042107",west along said margin 623.11 feet to the point.of beginning; EXCEPT the north 325 feet thereof; r r TOOETNER KITH as easement for ingress and egress over a joint driveway as set forth in instrument recorded under Recording Number 8008010706* i t r - r • No, 462608 Lot 1, Xing County Short Plat Number 784071R, according to the short plat recorded under Recording Number 8511120662, being a portion of r A11 that portion of the northeast, quarter of the northwest quarter in Section 28, Township 22 North, Range.4 last, W.M., in King County, Washington, lying easterly of Pacific Highway South, formerly State Road No. 1; EXCEPT the south 30.00 feet; EXCEPT that portion conveyed to the State of Washington by deed recorded August 16,_ 1960, under Recording Number 5191890; AND EXCEPT that portion conveyed to the County of King, State of washingtdn, by deed recorded February 8, 1973, under Recording Number 7302080064. i 1 i i 1 . No . 462616 Lot 10, Woodmont Place, according'to the Plat thereof recorded in Volume 121 of Plate, page 56, in Ring County, Washington. r i r r 1 r 1 I 1 462617 .�, " �, , , ,'�. ♦:' ♦ Plat thereof gceording to the Plat I y 'Washington., :. )Ii-Way Trtctsf in ing t , '. Tract 9 `Become plats, a e,42` • ♦ _ . . r rt `iC rcted in ygktiuilG 3T O t g f,!\ ♦ rx i No. 462620 Tract 12, Secoma Hi-Way Tracts, according to the plat thereof recorded in volume 37 of Plats, page 42, in King County, Kashingt=. 1 � Sat 17 ` record€d saQpma _ �� ' �� 3 7$of Zr act., aCca at$ Fa3e9 to tza Pla N f4 KdA9 coynt ther4o.r 46a6�g - � Na$��1toa.• 1 i ' No. 462626 Tract 18, Secoma Hi-Way Tracts, according to the plat thereof ' recorded in Volume 37 of Plats, page 42 in. King County, Washington. a i 1 1 i Yo: 462627 Tract29, Secoma Hi-Wax Tracts,. according to the plat thereof recorded ia:Volume 37 of Plats, page 42, is King County, Washington. Tract 24, Secoma No. 462629 Hi-Way T Plat to the plat thereof - , ,recorded in Volume,37 of plats �- • Aa9e 42, in King County, Washill gton. r f i " No.`462630 That portion of Tract 23, secoma Hi-Way Tracts, according to the plat thereof'recorded in Volume 37 of Plats, page 42, in King , County, Ifashington, described as follows. Beginning at the most northerly corner of said tracts .-thence southwesterly along the northwesterly boundary thereof; 220.00 feet to a point which is north 1°09128" east 235.02 feet from the southwest corner of.said tract; - thence southeasterly to a point on the east line of said tract, which is 185 feet north of the southeast corner of said tract; thence north to the northeast corner of said tract; thence northwesterly to a point of beginning, No. 462631 PARCEL A: r, Tract 54, Secoma Hi-Way Tracts, according to the plat thereof i•.ecorded in Volume 37 of Plats, page 42, in King County, Washington; EXCEPT the west 139.67 feet of the north 150 feet thereof; AND EXCEPT the south 150 feet thereof_ - *PARCEL B. The south 150 feet of the east 95 feet of Tract 54, Secoma Hi-Way Tracts, according to the plat thereof recorded in Volume 37 of Plats, page 42, in Icing County, Washington; EXCEPT the south 3.25 feet of the`west 70 feet thereof. PARCEL C: The north 125 feet of the south 655 feet as measured along the east line of that portion of the southwest quarter of the southwest quirter of Section 28, Township 22 North, Range 4 East, W.M., in King County, Washington, lying easterly of State Road Number 1. PARCEIi, D: That portion of the southwest quarter of the southwest quarter of Section 28, Township 22 North, Range 4 Bast, W.M., in King County, Washington, lying easterly of State Road Number 1; EXCEPT the south 655 feet thereof measured along the easterly line of said subdivision. PARCEL E. That portion of Tract 23, Secoma Hi-Way Tracts, according to the ' - - plat thereof recorded in Volume 37 of Plats, page 42, in King ; County, Washington, described as follows: Beginning at the. southwest corner of said tract; t' hence north 1009148" east along the westerly line thereof 235.02 feet; thence southeasterly to the easterly line of said tract at a point ' = 285.00 feet north of the southeast corner of said tract; thence southerly 265.00 feet to the southeast corner of said tract; thence north'88°40'24' west along the southerly line 16i.67 feet to the point of beginning. (legal description, continued) ` 1 No. 462631 _ LSGATA DESCRIPTION, continued: _ •PARCEL Ft , , • , , ' - . The east 139.67 feet of,the north 274.49 feet of Tract 53,• Secoma Hi-Way Tracts, according to the plat thereof recorded in Volume 37 of,Plats, page 42,-in King County, Washingtoa, PARCEL G: ' The north 150 feet of the west 139.67 feet of Tract 54, Secoma Hi- Way Tracts, according to the plat thereof recorded in Volume 37 of Plats, page 42, in King. County, Washington. , PARCEL H: The north 274.49 feet of Tract 53, Secoma Hi-Way Tracts, according to the plat thereof recorded in Volume 37 of Plate, page 42, in King County, Washington; HXCEPT the east 139.67 feet thereof. 1 _ 1 i 1 �1 1 1 No. 462632 The south 530,feet of that portion of the southwest quarter of the ' southwest quarter of Section 28, Township 22 North, Range 4 East, W.K. , in King County, Washington, lying- easterly of State Road Number 1, EXCEPT the south 330 feet thereof measured along the east line of said subdivision. ALSO KNOWN AS Parcel A Lot Line Adjustment Number 591L0033 as recorded under Sing County Recording Number 9104121431. 1 - 1 i No. 462633 That portion of the southwest quarter of Section 28, Township 22 North, Range 4 East, W.M., in King County, Washington, described as , follows: The south.330 feet of that portion of the southwest quarter of the ' i southwest quarter of Section 28, Township 22 North, Range 4 Bast, - W.M., in Ring County, Washington, as measured along the east line thereof, lying easterly of State Road No. 1; EXCEPT that portion of the above described property lying southerly of the following described line: 1 • • Commencing at the intersection of the easterly margin► of State Road No. 1, as condemned under King County Superior Court Cause No. 181369 with the north margin of Star Lake Road (now South 272a° ' Street); "Thence north 20043'01" east along said easterly margin 200.00 feet to the TRUE POINT OF BEGINNING of said line; Thence south SB050'20" east parallel to the north margin of Star Lake Road a distance of 238.71 feet to the east line, said southwest quarter of the southwest quarter of Section 28 and the terminus of said line; (ALSO KNOWN AS Lot B, Lot Line Adjustment No. 691L0033 recorded ' under Recording Number 9104121431). No. 462634 PARCEL A: That portion of the southwest quarter of the southwest quarter of Section 28, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows:, Beginning at the intersection of the easterly margin of State , Road No. 1, as condemned under Ring County Superior Court Cause No, 181369 with the northerly margin of Star Lake Road now South 272nd Street"; = thence easterly along said northerly margin, a distance of 130.00 feet; • ' thence northeasterly parallel to the easterly margin of said State Road No. 1, a distance of 16o.00 feet; thence westerly, parallel to the northerly margin of Star Lake Road, a distance of 130.00 feet; I - ' thence southwesterly along the easterly margin'of said State Road to the point of beginning; EXCEPT that portion thereof conveyed to King County for road by_deed recorded under Recording No. 7309130352. ' PARCEL B: ; That portion of the southwest quarter of the southwest quarter of ' Section 29, Township_22 North, Range 4 East, W.M., in King County, Washington, described as follows: ' Beginning at distance of 130 feet east of the intersection of the easterly margin of State Road No. 1 as condemned under King County Superior Court Cause No. 281369 with the northerly margin of Star Lake Road (now South 272nd Street), ' thence easterly parallel with said northerly margin, a distance of 40 feet; thence northeasterly parallel to the,easterly margin of said State Road No. 1, a distance of 20D feet; . thence westerly parallel to the northerly margin of Star Lake Road, a distance of 170 feet to the easterly margin of State Road No. 1, thence southwesterly along the easterly margin of said State Road No. 14 a distance of 40 feet; (continued) No. 46]634 LEGAL DRSOUPTION, continued. ,thence easterly parallel with the northerly margin of Star Lake Road, a_ distance of 130 feetp ° thence southwesterly parallel with the easterly margin of State Road ' No. 1, a distance of 160 feet to the point of beginning Tract Z, Secoma Lta. 462642 me, way Tracts, recorded in 'Volume, affording to the plat therebf 37 of Plats, Page 42, in King County WaQhington; , ' ;BXCEPT,the north 7.10 feet thereof. - > 1 " No. 462644 The north 110 feet in width of Tract 2 and all of Tract 3, Secoma Hi-Way Tracts, according to the plat thereof recorded in Volume 37 of Plate, page 42, in King County, Washington. ' i + I' No. 462646 Tract 5, Secoma NJ-Way Tracts, according to the plat there • • recorded in Volume 37 o£ Plate, page 42, in of King County, Washington. , r C No. 462647 , Tract 6, Secoma Hi-Way Tjacts, according to the plat thereof recorded in Volume 37 of Plats, page 42, xn ring County, Washington. No. 462650 The south 311 feet; as measured along the west line of that portion of the south half of the southeast quarter of the northwest quarter .of Section 28, Township 22 North, Range 4 East, W.M., in King County, Washington; lying westerly of Pacific Highway South M-99), and Tract,8, Secoma Hi-Way Tracts, according to the plat thereof recorded in Volume 37 of Plats, page 42, in Xing County, Washington; EXCM the following described Parcel of Land. Beginning of,the southeast corner of said Tract 8; Thence north 880100170 west along-the south line thereof a distance of 331.14 feet; I I. -Thence north 016o8'S8w east a parallel with the west line of said Tract 8 a distance of 200.01 feet; Thence south 88°10I17" east parallel with the south line of said Tract 8 a distance of 401.96 feet to the westerly margin of said Pacific Highway South; Thence south 20041124" west along said margin a distance of 211.39 feet to the point of beginning. (ALSO KNOWN AS Lot B of Boundary Line Adjustment recorded under Recording Number 9711249013.) No. 462652 That portion of the south half of the southeast quarter of the northwest quarter of Section 28, Township 22 North,,Range 4 East, W.M., in Ring County, Washington, lying westerly of State Road No. 1 (Pacific Highway South), described as follows; Beginning at a point on the north line of said south half, said point being south 88003131" east 490 00 feet from the northwest corner of said south half; thence-south 03005e51" west 160.03 feet) thence south 88.10T16" east parallel with the south line of said subdivision 196.56 feet to an intersection with the westerly margin of State Road No. 1 (Pacific Highway South) ; thence north 20443'IS" east along said westerly margin 136.BB feet to the south line of the north 30.00 feet of the southeast quarter of the southeast quarter of the northwest quarter of said Section; thence north 860031310 west along said south line 96.97 feet to the southwest corner of the north 30.00 feet of the east 29.62 feet of the southwest quarter of the southeast quarter of the northwest quarter of said Section; • ` thence north 010161070 east parallel to the east line of said east 2 9.62 feet of the southwest quarter of the southeast quarter of the northwest quarter, of said Section 30.00 feet to the north line of said south half of the southeast quarter of the northwest quarter of said Section; thence north 88003131" west along said north line 240.08 feet to the point of beginning- TOGETHER WITH an easement for ingress, egress and utilities over, under and across the following described parcel: Beginning at the northwest corner, of the south half of the southeast quarter of the northwest quarter of Section 20, Township 22 North, Range 4 East, W.M„ in King County, Washington; thence south 66003131" east along the north line thereof 490.00 feet; thence south 03005,52" west 138.03 feet to the TRUE POINT OF thence south 79646152" east 150.14 feet; thence south 88010,160 east 46.95 feet to the westerly margin of , Pacific Highway South; (continued) i f , s ! . No. 462652 LEGAL t]ESCRIPTIdN, continued: thence south 20043116" west along said westerly margin of Pacific Highway South 61.39 feet to an intersection with an arc of a curve, ,the center of said curve bearing north 69°16444" west; thence northwesterly along the arc of a 25.0o feet radius curve to the left, through a central angle of 1080531320, an arc distance of 47.51 feet to a point of tangency; thence north 880101160 west 7.31 feet; thence north 78010116" west 147.85 feet; = thence north 03005'S1" east 22.00 feet to the TRUE POINT OF BEGINNING. 1 No. 462653 The: south 20 feet of tbat portion of-the northeast quarter of the i southeast quarter"of the northwesc quarter lying westerly of the westerly margin of State Road No, i-(Pacific Highway South) together with the,south 20 feet of the east 29.62 feet of the east half of the northwest,quarter of the southeast quarter of the northwest quarter; TOGETHER WITH the north 30, feet of the east 29.62 feet of the southwest qUarter of the southeast quarter of the uorthweet quarter; AND TOGNTMM WITH the north 30 feet of the southeast quarter of the southeast quarter of the northwest quarter, lying westerly of Pacific Highway South "State Highway No. V ]L11 in Saction 28, Township 22 blortb, Range 4 Bast K.M.,;in Xing County., Washington., t Est aNartep�vge 4h�ZiWaY outbx oeth e 9 ion s b�P 11 Yly of guar o tbat �tion $1. y wegCe e teX og SWaes►gCnn. you east q" untY' goUCb all 1 1 - . i i i t t No. 486912 That portion of the southwest quarter of Section 28, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the intersection of the easterly margin of State Road No. 1 as condemned under King County Superior Court Cause Number 181369 with the north margin of Star Lake Road (now South 272ad Street); thence south 89050120" east along said north margin a distance of 170.00 feet to the TRUE POINT OF BEGINNING, thence north 20'43101" east parallel to the easterly margin of State Road No. 1, a distance of 200.00 feet; thence south 88050'2D" east parallel to the north margin of Star Lake Road a distance of 68.71 feet to the east line of the southwest quarter of the southwest quarter of said Section 38; thence south 01°09'47" west along said east line a distance of 18B.47 feet to the north margin of Star Lake Road; thence north 88050'20" west along said north margin 135.65 feet to the TRUE POINT OF BEGINNING; (ALSO KNOWN AS Lot C of King County Lot Line Adjustment Number S91L0033, recorded under Recording Number 9104121431) . i 1 - : 1 Kent City Council Meeting Date July 6. 2004 Category Consent Calendar 1. SUBJECT: PACIFIC HIGHWAY HOV PROJECT APPRAISAL&APPRAISAL REVIEW SERVICE CONTRACTS—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreements for right of way/easements acquisition appraisals with the Eastman Company and for appraisal review with The Granger Company. 3. EXHIBITS: Public Works Director's memorandum and service contracts 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue?_ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount$ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone.253-856-5500 K E O T Fax: 253-856-6500 1 WAS 41 N o T o N Address: 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: June 14,2004 TO: Public Works Committee FROM: Don Wickstrom,Public Works Director SUBJECT: Pacific Highway HOV Project Appraisal &Appraisal Review Service Contracts MOTION: Recommend the Council authorize the Mayor to sign the Consultant Services Agreement for right of way/easements acquisition appraisals with The Eastman Company and for appraisal review with The Granger Company. SUMMARY: Additional consultant services are needed for acquisition of rights of way and easements associated with the Pacific Highway HOV project. Under the City's procurement policy consultant service contracts for$25,000 or more excluding those associated with Architectural and Engineering services require council concurrence in order to be binding. The Pacific Highway HOV project will add a north and south bound HOV lane on Pacific Highway from City limits (SR 516, aka Kent Des Moines RD)to city limits(S 272❑d St)along with curbs, gutters, sidewalks, street lighting,under grounding of the overhead power/telephone facilities etc. The bulk of the funding is state and federal grants. Unfortunately Council approval of the prior Eastmen service agreement did not include all the parcels from which right of way acquisition is required. As such this Eastmen service agreement add another 26 appraisals to the list which should now be all of them. Further under Federal acquisition guide lines appraisal review is required on all appraisals for which the take value is over$10,000. The Granger Co. service contract will provide said appraisal review. The Public Works Department recommends that the Mayor be authorized to sign these service contracts. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact as the monies for same is included in the Pacific Highway HOV project fund. BACKGROUND: The City of Kent has been actively pursuing the implementation of the Pacific Highway(SR-99)HOV project since 1997. This project is funded primarily thru state and federal grants. This project as part of a regional project which stretches from Tukwila to Federal Way and includes the State DOT. Each city is constructing a similar road improvement thru its jurisdiction and where Pacific Highway lies within unincorporated King County(a section between Kent and Federal Way)the state will be constructing said road improvements. Besides having to follow federal procedures with regard to implementing this project much of Mayor White and Kent City Council I Pac Hwy Appraisal&Negotiation Contract the delays associated therewith have been with either the relocation and/or the under ground conversion of the private utilities(Quest and PSE)facilities. In fact much of the total right of way/easements acquisitions herein are related to PSE facilities. In order to get PSE to proceed with its under ground conversion right of ways for which these service contracts are associated therewith need to be executed. The sum total of these two service contracts is $48,000 for which monies therefore are included with the project fund. As such it is the Public Work Departments recommendation that the Mayor be authorized to sign same. 1 i 1 Mayor White and Kent City Council 2 Pac Hwy Appraisal&Negotiation Contract I Consulte;WMdressaelephone Local Agency The Eastman company Standard Consultant 1155N 130thSt,Suite 304 iAgreementContact: Don Melton ■ Agreement Number ' LA 4607,3467&4296 (206)363-6611 Federal Aid Number Project Title And Work Descnphon STPUL-0099(045),(060)& (067) Pacific Highway S.HOV Lanes ' Agreement Type(Choose one) Preparation of appraisals and project funding ❑Lump Sum estimates. Lump Sum Amount $ 1 ❑Cost Pitts Fixed Fee Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑Yes ®No % ❑Actual Cost WBE Participation ❑Actual Cost Not To Exceed % ❑Yes ®No % Federal ID Number or Social Security Number ❑Fixed Rate % Fixed Fee $ Do you require a 1099 for IRS? Completion Date Specific Rates Of Pay ®Yes ❑No February 28,2005 ® ® Negotiated Hourly Rate Total Amount Authorized$ 20,000.00 ❑Provisional Hourly Rate Management Reserve Fund$ ❑Cost Per Unit of Work Maximum Amount Payable$ 20,000.00 THIS AGREEMENT,made and entered into this 26th day of April 2004 , between the Local Agency of City of Kent Washington,hereinafter called the "AGENCY" ,and the above organization hereinafter called the"CONSULTANT' WITNESSETH THAT WHEREAS,the AGENCY desires to accomplish the above referenced project, and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT,and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable,and has signnled a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE,In consideration of the temis,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows DOT Form 140-M EF Pape t of 8 Renasd 12M I Al reports,PS&E materials,and other data,furiushad GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned Ali designs,drawings,specifications, The work under this AGREEMENT shall consist of documents,and other work products prepared by the the above described work and services as harem CONSULTANT prior to coM&Wn or termnmatron of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT The CONSULTANT shall PROJECT and are property of the AGENCY Reuse furnish all services,labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT service,not occurring as a part of this PROJECT, shall be without liability or legal exposure to the , II CONSULTANT SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit'B'attached hereto,and by flue reference made a part of this AGREEMENT The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in III writing by the AGENCY All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date AGREEMENT,oath outside agencies,groups or Individuals shall receive advance approval by the The established completion time shall not be extended AGENCY.Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies,groups or individuals shall be coordinated ANT,but may be extended by the AGENCY,in the through the AGENCY event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination. GOD or governmental actions or other conddwns progress and presentation meetings with the beyond the control of the CONSULTANT A prior AGENCY or such Federal,Community,State,City supplemental agreement Issued by the AGENCY is or County officials,groups or individuals as may be , required to extend the established completion time. requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation. PAYMENT The minimum number of hours or days notice— The CONSULTANT shall be paid by the AGENCY required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit for completed work and services rendered under this AGREEMENT as provided in Exhibit"Co attached attached hereto and made part of this AGREEMENT � hereto,and by The CONSULTANT shall prepare a monthly this reference made part oft" AGREEMENT.Such mayorst shell be progress report,in form approved by the AGENCY, n- that will outline in written and graphical form the sation for work performed or services renn deeredred and venous phases and the order of performance of the for all labor,materials,supplies.equipment,and Incidentals necessary to complete the work work in sufficient detail so that the progress of the specified in Section 11,'Scope of Work". The work can easily be evaluated Goals for Disadvan CONSULTANT shall conform with all applicable taged Business Enterprises(DBE)and Women portions of 48 CFR 31 Owned Business Enterprises(WBE)if required shall be shown in the heading of dus AGREEMENT, Page 2 of 5 I VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY,and any and all clams that may or aught arise under any Workmen's compensation Act on The AGENCY permits subcontracts for those items behad of said employees or other persons while so of work as shown in Exhibit G to this Agreement engages and any and all claims made by a third party _ _ComliansabonJaLIb Aubcormultard work sbalr he ��-W SSWrfWrlfl6 part nfi based on the cost factors shown on Exhibit G,at the CONSULTANTs employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT provided to be rendered heron,shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT maximum amount payable unless a prior written The CONSULTANT shall not engage,on a full or approval has been issued by the AGENCY part time basis,or other basis,during the perod of the AN reimbursable dtrect labor,overhead,direct non- contract,any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are,or have been,at any brae during the period of the shall be substantiated in the same manner as outlined contract,in the employ of the United States Depart- s Section V.All subcontracts exceeding$10,000 in ment of Transportation,the STATE,or the cost shag contain all applicable provisions of this AGENCY,except regularly retired employees, AGREEMENT. without written consent of the public employer of such person The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT VIII without prior written permission of the AGENCY No NONDISCRIMINATION permission for subcontracting shall create,between The CONSULTANT agrees rat to discriminate the AGENCY and subcontractor,any contract or any against any chent,employee or applicant for employ- other relationship rent or for services because of race,creed,color, VII national origin,marital status,sex,age or handicap EMPLOYMENT except for a bona fide occupational qualification with regard to,but not limited to the following employ. The CONSULTANT warrants that halshe has not employed or retained any company or person,other meM upgrading,demotion or transfer,recruitment or any recruitment advertising,a layoff or terminations, than a bona fide employee working solely for the CONSULTANT,to solicit creature this contract,and rotes of pay or other forms of compensation,selection that it has not paid or agreed to pay any company or for timing.rendition of services The CONSULT- ANT understands and agrees that it a violates this Person.other than a bona fide employee working provision,this AGREEMENT may be terminated by solely for the CONSULTANT,any fee,commission, the AGENCY and further that the CONSULTANT percentage,brokerage fee,gift,or any other consider- shall be barred from performing any services for the abon,contingent upon or resulting from the award or AGENCY now or in the future unless a showing is making of this contract.For breach or violation of this mode satisfactory to the AGENCY that discnmma- wanant,the AGENCY shall have the right to annul tory practices have terminated and that recurrence of this AGREEMENT without liability,Orin its discre- such action Is unlikely bon,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of During the performance of this AGREEMENT,the such fee,commission,percentage,brokerage fee,gilt, CONSULTANT,for itself,its assignees and or contingent fee successors In interest agrees as follows 1 Arry and all employees of the CONSULTANT or A. COMPLIANCE WITH REGULATIONS The other persons while engaged in the performance of CONSULTANT shall comply with the Regula. any work or services required of the CONSULTANT tans relative to nondiscrimination in the same under this AGREEMENT,shah be considered manner as In Federal-assisted programs of the page aas Department of Transportation,Title 49,Code of save possession of another who fads or refuses to Federal Regulations, Part 21.as they may be fumish this uiformation the CONSULTANT shall amended from time to time,(hereinafter referred so certify to the AGENCY,or the United States to as the Regulations),which are herein incorpo- Department of Transportation as appropriate,and rated tnr reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT The consultant shall comply the information with the American Disabilities Act of 1992,as E SANCTIONS FOR NONCOMPLIANCE In the amended event of the CONSULTANT's noncomphance B NONDISCRIMINATION The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it during the AGREEMENT,the AGENCY shall impose AGREEMENT,shall not dhsrnmmate on the such sanctions as it or the Federal Highway grounds of race,creed,color,sex,age,mantal Administration may determine to be appropriate, status,national origin or handicap except for a including,but not limited to bona fide occupational qualification in the seleo- bon and retention of subconsultants,including ANT Withholding of payments to the CONSULT- procurements of materials and leases of equip- ANT under the AGREEMENT until the CONSULTANT complies,andior meat The CONSULTANT shall not participate either directly or indirectly in the discrimination 2 Cancellation,termination or suspension of the prohibited by Section 21.5 of the Regulations, AGREEMENT,in whole or m part Including employment practices when the contract F. INCORPORATION OF PROVISIONS The covers a program set forth in Appendix II of the Regulations. CONSULTANT shall include the provisions of paragraphs(A)through(G)In every subcontract, C SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment,unless exempt by the Regulations or ALS AND EQUIPMENT In all solicitations directives issued pursuant thereto The CON- either by compe*fe bidding or negotiation made SULTANT shalt take such action with respect to by the CONSULTANT for work to be performed any suhcorisuitant or procurement as the under a subcontract,including procurements of AGENCY or the Federal Highway Adrmnstra- matenais or leases of equipment,each potential tion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompii- CONSULTANT of the CONSULTANTS ance,provided,however,that,in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in,or to Regulations relative to nondiscrimination on the threatened with.Irbgahon with a suboorhsultard or grounds of race,creed,color,sex,age,mental supplier as a result of such direction,the CON- status,national origin and handicap ULTANT may request the AGENCY to enter D INFORMATION AND REPORTS The Vito such litigation to protect the interests of the CONSULTANT shall provide all information AGENCY,and in addition,the CONSULTANT and reports required by the Regulations,or may request the United States to enter into such directives issued pursuant thereto,and shall litigation to protect the interests of the United pemiit access to its books,records,accounts. States. other sources of information,and its facilities as G. UNFAIR EMPLOYMENT PRACTICES The may be deteamnd by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain oomphance month such 48 60180. Regulations or directives.Where any Information regrured of the CONSULTANT is in the exctu- Page 4 of 8 - 1 • U( In the event of the death of any member,partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to tamvnate sory personnel assigned to the Project,or,dissolution this AGREEMENT atmy tsnesipon ton dM written of the partnership,termination of the corporation,or notice to the CONSULTANT disaffibationo a principally involved employee, the sumvmg members of the CONSULTANT hereby In the event this AGIEEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT,if requested to do so by the CONSULTANT,a feral payment shall be made to the AGENCY The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate.If the accumulated the previous paragraph,should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT,with the AGENCY's concur- of Termination exceeds the total amount that would rence,desire to terminate this AGREEMENT, be due computed as set forth herein above,then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section. shall immediately rernburse the AGENCY for any excess paid Payment for any part of the work by the AGENCY shall not consttuts a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type rt may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT,the above formula for payment shall not the CONSULTANT,or for failure of the CONSULT- apply. In such an evert,the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY.Forbearance of any rights underthe given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any termination,the amount of work originally required future actor omission by the CONSULTANT which was satisfacbny completed to date of termns- X ton,whether that work is to a form or a type which is usable to the AGENCY at the time of termination, CHANGES OF WORK the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so,and other factors which as necessary to correct errors appeanng therein,when affect the value to the AGENCY of the work per- required to do so by the AGENCY,without additional formed at the time of ternunatlon Under no compensation thereof Should the AGENCY find it circumstances shall payment made under this subsea desirable for its own u p rposes to have previously tion exceed the amount which would have been made satisfactonly conipleted work or parts thereof using the fonrnra set forth in the previous paragraph. changed or revised,the CONSULTANT shall make If it is determined for any reason that the CONSULT- such revisions as directed by the AGENCY This j ANT was not in default or that the CONSULTANTs work shall be considered as Extra Work and will be failure to perform is without it or it's employee's fault paid for as herein provided under Section XIV. or negligence,the termination shall be deemed to be a tenNnahon for the convenience of the AGENCY in accordance with the provision of this AGREEMENT Page 5 of tl XVI XVIII , FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants,sbpulabons and provisions agreed upon shall ave the right to participate in the review or by ine pa es Pio agent,or reprwmalve oi emw examination of the work in progress party has authority to make,and the parties shall not be bound by or be liable for,any statement,represen- XVII tatron,promise or agreement not set forth herein No CERTIFICATION OF THE CONSULTANT changes amendments,or modifications of the terms AND THE AGENCY hereof shall be valid unless reduced to writing and ' Attached hereto as Exhibit'A 1',are the signed by the parties as an amendment to the Certifications of the Consultant and the Agency, AGREEMENT. Exhibit',M2'Certification regarding debarment, XIX suspension and other responsibility matters-primary EXECUTION AND ACCEPTANCE covered transactions,Exhibd'A-3'Certification regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying,and Exh>brt'A4'Certificate of Current in several counterparts,each of which shad be Cost or Pricing Data Exhibits'A-3'and'A-4'are deemed to be an original having identical legal effect only required in Agreements over$100,000 The CONSULTANT does hereby rally and adopt all statements,representations,warranties,covenants, and agreements contained in the proposal,and the supporting materials submitted by the CONSULT- ANT,and does hereby ac ept the AGREEMENT and agrees to all of She terms and conditions thereof ' In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year first above written. By BY Consultant Co� Gnm Agency City of Kent Page 8of 8 1 i - • Exhibit A-1 Certification Of Consultant Project No. u4607,3467a4296 /1� {llL_ Local Agency Kent I hereby certify that I am � �' z -' and duly authorized representative of the fum of The Eastman Company whose address is and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission,percentage,brokerage,contingent fee or other consideration,any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this contract. (b) Agreed,as an express or implied condition for obtaining this contract,to employ or to retain the services of any firm or person in connection with carrying out the contract (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution donation or consideration of any kind for,or in connection with procuring or carrying out the contract,except as here expressly stated(if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration,U.S Department of Transportation,in connection with this contract mvolving participation of Federal aid funds and is subject to applicable State and Federal laws,both criminal and civil to ign tore Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent Washington and that the above consulting firm or their representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrymg out this contract to: (a) Employ or retain,or agree to employ or retain,any firm or person,or (b) Pay or agree to pay to any firm,person or organization,any fee,contribution,donation or consideration of any kind,except as here expressly stated(if any). I acknowledged that this certificate is to be available to the Federal Highway Administration,U S Department of Transportation,in connection with this contract involving participation of Federal aid highway funds and it 1 subject to applicable State and Federal laws,both criminal and civil. e signaturs Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 1 The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals (a) Are not presently debased,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency, (b) have not withm a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph 1 b of this certification,and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant(Firm) The Eastman Company (Date) (signature)President or Au%onzed 0 al of consultant - Exhibit B-1 Scope of Work Project No u4W.3457 4296 Ste. ertnebed Documents To Be Furnished By The Consultant See Attached • ATTACHMENT A SCOPE OF WORK The Eastman Company will provide"summary format"appraisals for the Pacific Highway South HOV Lanes Project This work will include the preparation of 2 parcels on the North Phase and 11 parcels for the Middle Phase for a total of 13 parcels Work also includes the preparation of Project Funding Estimates(True Cost Estimates) for submittal to WSDOT for funding approval. This project consists of acquiring the parcels in fee for the purpose of locating Puget Sound Energy equipment.The ownerships are a mix of residential,multi-family and commercial parcels. We can begin work on this project immediately and estimate that it will take between 30 and 45 days to complete the project form the date that we receive notice to proceed, assuming that all information(maps,title reports,etc)is provided on a timely basis.In order to speed up the overall acquisition process,we will provide groups of the finished appraisals to you as they are completed. i i 1 1 1 - - i 1 ' Exhibit C-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work The CONSULTANT shall conform with all applicable portions of 48 CFR 31 1 Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done,based upon the negotiated hourly rates shown in ExhibitsD and E attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the fast 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent 12-month periods within 90 days after completion of the previous period,the rates listed in this AGREEMENT or subsequent written authonzation(s)from the AGENCY shall be utilized for the life of the AGREEMENT The rates are inclusive of direct salaries,payroll additives,overhead,and fee. In the event renegotiation of the hourly rates is conducted,the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments. 2 Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT These charges may include,but are not limited to the following items-travel,printing,long distance telephone,supplies, computer charges,and fees of subconsultants. Air or tram travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed as the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and designation of such trips Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees The billing for nonsalary cost;directly identifiable with the PROJECT,shall be an itemized listing of the charges supported by the original bills,invoices,expense accounts,and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the AGENCY upon request All above charges must be necessary for the services provided under this AGREEMENT. 3 Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$50,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the"Management Reserve Fund"shall be made in accordance with Section N IV,`Extra Work" • 4. Maximum Amount Payable The maxunum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT The maximum amount payable includes the Management Reserve Fund,but does not include payment for extra work as stipulated in Section XIV,"Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. S. Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E,including names and classifications of all employees,and invoices for all direct nomsalary expenses To provide a means of verifying the invoiced salary costs for the consultant's employees,the agency may conduct employee interviews. These interviews may consist of recording the names,titles,salary rates,and present duties of those employees performing work on the project at the time of the interview 6. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY,STATE,and the United States,for a period of three year,after final payment,the cost records and accounts pertaimag to this AGREEMENT and all items related to or bearing upon these records with following exception if any litigation,claim,or audit is started before the three-year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved The three-year retention period begins when the CONSULTANT receives final payment 7 Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,and other related documents which are required to be furnished under this AGREEMENT Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance Said final payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within ninety(90)days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment i 1 L J ' Exhibit D-2 Consultant Fee Determination -Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate Rate 96 @ % Per Hour See Attached i I t 1 l L 1 r ATTACBOVIEENT B ESTIMATED BUDGET The Eastman Company will provide"summary format"appraisals and Project Funding Estimates for the Pacific Highway South HOV Lanes Project The estimated budget for this work is as follows: Middle 11 875 $9,625 North 2 875 $1,750 Pra ect Funding Estimates 42 205.35 $9,625 Total 13 $20,000 1 Exhibit F Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT In addition,the CONSULTANT shall be paid for any authorized extra work completed Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the tune of termination is to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT Cost Per unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the tune of termination of this AGREEMENT Comulta nt/Addressf relephone The Gr er Com an A� _ Local Agency ans p y Standard Consultant 7312 Mendim Rd SE Agreement Olympia,WA 98513 g Contact Joe Granger Agreement Number LA 4296,LA 4607,&LA 3467 (360)459-8203 Federal Aid Number Project Title And Work Description STPUL0099(045),(060)&(067) Pacific Highway S HOV Lanes Agreement Type(Choose one) Appraisal review ❑Lump Sum Lump Sum Amount $ ❑Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑Yes ®No % ❑Actual Cost WBE Participation O Actual Cost Not To Exceed % Yes ®No % Federal ID Number or Social Security Number ❑Fixed Rate % 94-1730361 Fixed Fee $ Do you require a 1099 for IRS? Completion Date Specific Rates Of Pay ®Yes p No March 31,2005 ® ®Negotiated Hourly Rate Total Amount Authorized$ 28,000 00 ❑Provisional Hourly Rate Management Reserve Fund$ ❑Cost Per Unit of Work 28,000 00 Maximum Amount Payable$ THIS AGREEMENT,made and entered into this 24th day of May 2004 between the Local Agency of City of Kent Washington,hereinafter called the "AGENCY',and the above organization hereinafter called the"CONSULTANT" WI•TNESSETH THAT- WHEREAS,the AGENCY desires to accomplish the above referenced project,and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT,and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable,and has signed a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows DOT Form 140-M EF Page 1 of 8 Rewsed 12M 1 ' I All reports,PSSE materials,and other data,furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned AN designs,drawings,specifications, The work under this AGREEMENT shall consist of documents,and other work products prepared by the the above described work and services as herein CONSULTANT prior to completion or tamunation of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT The CONSULTANT shall PROJECT and are property of the AGENCY Reuse furnish all services,labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT. service,not occurring as a part of this PROJECT, ' shall be without liability or legal exposure to the II CONSULTANT SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION protect is detailed in Exhibit'B'attached hereto,and by this reference made a part of this AGREEMENT The CONSULTANT shah not begin any work under the terms of this AGREEMENT until authorized in III writing by the AGENCY All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion data AGREEMENT,with outside agencies,groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies.groups or individuals shall be coordinated ANT,but may be extended by the AGENCY,in the through the AGENCY event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT A prior AGENCY or such Federal,Community,State,City supplemental agreement issued by the AGENCY is or County officials,groups or individuals as may be required to extend the established completion time requested by the AGENCY The AGENCY will provide the CONSULTANT sufficient notice prior y to meetings requiring CONSULTANT participation PAYMENT The rmnimum number of hours or days notice— regwred shalt be agreed to between the AGENCY The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this and the CONSULTANT and shown in Exhibit'B' AGREEMENT as provided in Exhibit'C'attached attached hereto and made part of this AGREEMENT hereto,and by this reference made part of this The CONSULTANT shall prepare a monthly AGREEMENT Such payment shall be full compen- progress report,in a fain approved by the AGENCY, eaten for work performed or services rendered and that will outline in written and graphical forth the various phases and the order of performance of the for all labor,materials,supplies,equipment,and work in sufflcrent detail so that the progress of the incidentals necessary to complete the work work can easily be evaluated Goals for Drsadvan- specified in Section II,"Scope of Work' The taged Business Enterprises(DBE)and Women CONSULTANT shag conform with ail applicable Owned Business Enterprises(WBE)if required shall portions of 48 CFR 31 be shown in the heading of this AGREEMENT Page 2 of 8 VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY,and any and all claims that may or might arise under any Workmen's compensation Ad on The AGENCY gamuts subcontracts for those dams of work as shown in Exhibit G to this Agreement behalf of said employees or other persons while so Compensator for thus sutxbnsultant work shall be engaged,and any and all claims made by a third party as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G,at- the CONSULTANT's employees or other persons tached hereto and by tea reference made a part of this white so engaged on any of the work or services AGREEMENT provided to be rendered hereto,shall be the sole The work of the subconsultant shall not exceed ds obligation and responsibility of the CONSULTANT maximum amount payable unless a prior written The CONSULTANT shalt not engage,on a full or approval has been issued by the AGENCY part time basis,or other hosts,during the period of the All reimbursable direct labor,overhead,direct non- contract,any professional or technical personnel who salary costs and fixed fee costs for the subconsultard are,or have been,at any time during the penod of the shag be substantiated in the same manner as outlined contract,m the employ of the Unded States Depart- in Section V.All subcontracts exceeding$10,000 in ment of Transportation,the STATE,or the cost shall contain all applicable provisions of this AGENCY,except regularly retired employees, AGREEMENT without written consent of the public employer of The CONSULTANT shall rot subcontract for the such person performance of any work under this AGREEMENT VIII without prior written permission of the AGENCY No NONDISCRIMINATION percussion for subcontracting shall create,between the AGENCY and subcontractor,any contract or any The CONSULTANT agrees not to discriminate against any client,employee or applicant for employ- other relabonship ment or for services because of race,creed,color, VII national ongv%marital status,sex,age or handicap EMPLOYMENT except for a bona fide occupational qualification with regard to,but not limited to the following employ- The CONSULTANT warrants that he/she has not ment upgrading,demotion or transfer,recruitment or employed or retained any company or person,other than a bona flits employee working solely for the any recruitment advertising,a layoff or terminations, CONSULTANT,to solicit or secure this contract,and rates of pay or other forms of compensator,selection for training, rendition of services The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this person,other than a bona fide employee working provision,this AGREEMENT may be terminated by solely for the CONSULTANT,any fee,commission, the AGENCY and further that the CONSULTANT percentage,brokerage fee,gilt,or any other consider- shall be barred from performing any services for the ation,contingent upon or resulting from the award or AGENCY now or in the future unless a showing is malung of this contract For breach or violation of this made satisfactory to the AGENCY that discrmina- warrant,the AGENCY shall have the right to annul lory practices have terminated and that recurrence of this AGREEMENT without habdity,or in its discre- such action is unlikely bon,to deduct from the AGREEMENT price or consideration or othennse recover the AA amount of During the performance of this AGREEMENT,the such fee,commission,percentage,brokerage fee,gdt, CONSULTANT,for itself,its assignees and or contingent fee successors in interest agrees as follows Any and all employees of the CONSULTANT or A COMPLIANCE WITH REGULATIONS The other persons while engaged in the performance of CONSULTANT shall comply with the Reguls- any work or services required of the CONSULTANT bons relative to nondiscrimination in the same under this AGREEMENT,shall be considered manner as in Faderal assisted programs of the Page 3 of 8 Department of Transportation,Title 49,Code of sive possession of another who fads or refuses to Federal Regulations,Part 21,as they may be furnish this information the CONSULTANT shall amended from time to time,(hereinafter referred so certify to the AGENCY,or the United States to as the Regulations),which are harem incorpo- Department of Transportation as appropnate,and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT The consultant shall comply the information with the American Disabilities Act of 1992,as amended E SANCTIONS FOR NONCOMPLIANCE In the event of the CONSULTANTS noncompliance 8 NONDISCRIMINATION The CONSULTANT, with the nondiscnrrunabon provisions of this with regard to the work performed by it during the AGREEMENT,the AGENCY shall impose AGREEMENT,shall not discriminate on the such sanctions as it or the Federal Highway grounds of race,creed,color,sex,age,mental Administration may determine to be appropnate, status,national origin or handicap except for a including,but not limited to bona fide occupational qualification in the selec 1 Withholding of payments to the CONSULT- tion and retention of suboonsultants,including ANT under the AGREEMENT until the procurements of materials and leases of equip CONSULTANT complies,andlor meet The CONSULTANT shall not participate either directly or indirectly in the discnminabon 2 Cancellation,termination or suspension of the prohibited by Section 215 of the Regulations, AGREEMENT,in whole or in part including employment practices when the conlract F INCORPORATION OF PROVISIONS The covers a program set forth in Appends II of the j Regulations CONSULTANT shall include the provisions of paragraphs(A)through(G)in every subcontract, C SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of 1 INCLUDING PROCUREMENTS OF MATERI- equipment,unless exempt by the Regulations or ALS AND EQUIPMENT In all solicitations directives issued pursuant thereto The CON- either by competitive bidding or negobabon made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract,including procurements of AGENCY or the Federal Highway Administra- materials or leases of equipment,each potential ton may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANTs ance,provided,however,that,in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in,or is Regulations relative to nondiscrimination on the threatened with,litigation with a subconsultant or grounds of race,creed,color,sex,age,mantel supplier as a result of such direction,the CON- status,national ongin and handicap ULTANT may request the AGENCY to enter D INFORMATION AND REPORTS The into such litigation to protect the interests of the CONSULTANT shall provide all information AGENCY,and in addition,the CONSULTANT and reports required by the Regulations,or may request the United States to enter into such directives issued pursuant thereto,and shall litigation to protect the interests of the United perm access to i Statess books,records,accounts, i other sources of information,and Its facilities as G UNFAIR EMPLOYMENT PRACTICES The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 4960180 Regulations or directives Where any infonnatlon required of the CONSULTANT is in the exclu- Page 4 of 8 IX In the event of the death of any member,partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or arty of its supervi- The nght is reserved by the AGENCY to terminate sory personnel assigned to the project,or,dissolution this AGREEMENT at any bme upon ten days written of the partnership,tenninabon of the corporation,or notice to the CONSULTANT disaffilrabon of the principally involved employee, the survnmg members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT,if requested to do so by the CONSULTANT,a final payment shall be made to the AGENCY The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used surviving members of the CONSULTANT and the No payment shall be made for any work completed AGENCY,it the AGENCY so chooses after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate If the accumulated the previous paragraph,should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT,with the AGENCY s concur- of Termination exceeds the total amount that would rence,desire to terminate this AGREEMENT, be due computed as set forth herein above,then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section shall immediately reimburse the AGENCY for any excess paid Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT,the above formula for payment shall not the CONSULTANT,or for failure of the CONSULT- apply In such an event,the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY Forbearance of any rights under the giver to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in perfomnng the work to the date of ment to exercise those rrgfrts with respect to any termination,the amount of work originally required future act or omission by the CONSULTANT which was satisfactony completed to date of termina- bon,whether that work is in form or a type which is X CHANGES OF WORK usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firth The CONSULTANT shall make such changes and to complete the work required and the tine which revisions in the complete work of this AGREEMENT maybe required to do so,and other factors which as necessary to correct errors appearing therein,when affect the value to the AGENCY of the work per- required to do so by the AGENCY,without additional formed at the time of lerminabon Under no compensation thereof Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof using the formula set forth in the previous paragraph changed or revised,the CONSULTANT shall make If it is determined for any reason that the CONSULT such revisions as directed by the AGENCY This ANT was not in default or that the CONSULTANT's work shall be considered as Extra Work and will be failure to perform is without it or irs employee's fault paid for as herein provided under Section AV or negligence,the termination shag be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT Papa 5 of 6 X1 that nothing herein shall require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and gold harmless the AGENCY and the STATE from Any dispute concerning questions of fad in conneo- claims,demands or awls based solely upon the bon with the work not disposed of by AGREEMENT conduct of the AGENCY and the STATE,their between the CONSULTANT and the AGENCY shall agents,officers and employees and provided further be referred for determination to the Director of Public that if the claims or suds are caused by or result from Works or AGENCY Engineer,whose decision in the the concurrent negligence of(a)the matter shall be final and binding on the parties of this CONSULTANT'S agents or employees and(b)the AGREEMENT,provided however,that d an action is AGENCY and the STATE,their agents,officers and brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be employees,this indemnity provision with respect to (1)claims or suds based upon such negligence,(2)the subject to de novo judicial review costs to the AGENCY and the STATE of defending XII such claims and suits,etc shall be valid and enforce- VENUE,APPLICABLE LAW AND able only to the extent of the CONSULTANT's ' PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT'S agents or employees In the event that either party deems it necessary to institute legal action or proceedings to enforce any The CONSULTANT's relation to the AGENCY shall right or obligation under this AGREEMENT,the be at all times as an independent contractor parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's ton,situated in the county the AGENCY is located in own employees against the AGENCY and,solely for The parties hereto agree that all questions shad be 1 the purpose of this indemnfication and defense,the resolved by application of Washington law and that CONSULTANT s the parties to such action shall have the right of a pecdri al waives any immunity appeal under the state industrial insurance law,Title 51 from such decisions of the Superior court in accor- RCW The CONSULTANT recognizes that this dance with the laws of the State of Washington The warier was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4 24 115 and was the subject of jurisdiction of the Superior court of the State of mutual negotiation Washington,situated in the county in which the AGENCY is located in Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of XIII construction contrails,if any,on the project. Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable,supplemental The CONSULTANT shall comply with all Federal, agreement,the CONSULTANT shall provide on-call State,and local taws and ordinances applicable to the assistance to the AGENCY during contract adminis- work to be done under this AGREEMENT This tration By providing such assistance,the AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no responsibility for accord with the laws of Washington proper construction techruques,job site safety,or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the in accordance with the contract documents AGENCY and the STATE,and their officers and employees harmless from and shag process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims,demands,or during the terms of fhe AGREEMENT,or as other- suds at law or equity arising n whole or in part from wise required,the folknwing insurance with the CONSULTANT's negligence or breach of any of companies or through sources approved by the State its obligations under this AGREEMENT,provided Insurance Commissioner pursuant to RCW 48 Page a of a XN Insurance Coverage EXTRA WORK A Worker's compensation and employer's liability A The AGENCY may at any time,by written order, insurance as required by the STATE make changes within the general scope of the AGREEMENT in the sennces to be performed B General commercial liability insurance in an amount not less than a single limit of one million B If any such change causes an increase or decrease and 00/100 Dollars($1,000,000 00)for bodily in the estimated cost of,or the lime required for, injury,including death and property damage performance of any part of the work under this per occurrence AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT.the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT,the AGENCY will be named on all (1)maximum amount payable,(2)delivery or certificates of insurance as an additional insured The completion schedule,or both,and(3)other CONSULTANT shall furnish the AGENCY with affected terms and shall moddy the AGREE- verification of insurance and endorsements required MENT accordingly by this AGREEMENT The AGENCY reserves the right to require complete,certified copies of all C The CONSULTANT must submit its`request required insurance policies at any time for equitable adjustment"(hereafter referred to as claim)under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the wntten order However, company authorized to do business in the State of if the AGENCY decides that the facts justify it, Washington The CONSULTANT shalt submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT the AGENCY D Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause However effective without thirty(30)days prior notice to nothing in this clause shag excuse the CON- the AGENCY SULTANT from proceeding with the The CONSULTANT's professional liability to the AGREEMENT as changed AGENCY shall be Irrxied to the amount payable E Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs(a)and(b)above,the maximum whichever is the greater unless modified by amount payable for this AGREEMENT,shall Exhibit H In no case shall the CONSULTANT s not be increased or considered to be increased professional liability to third parties be limited in except by specific written supplement to this any way AGREEMENT The AGENCY will pay no progress payments XV under Section V unbl the CONSULTANT has fully ENDORSEMENT OF PLANS complied with this section This remedy is not exclu- swe,and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on such other action as is available to them under other all plans,ashmates or any other engineering data provisions of this AGREEMENT,or otherwise in law furnished by him Page 7 of 8 XVI XVIII FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants,stipulations and provisions agreed upon shall have the right to participate in the review or by the parties No agent,or representative of either examination of the work In progress party has authority to make,and the parties shall not be bound by or be liable for,any statement,represen- XVII tation,promise or agreement not set forth herein No CERTIFICATION OF THE CONSULTANT changes,amendments,or modifications of the terms AND THE AGENCY hereof shall be valid unless reduced to writing and Attached hereto as Exhibit"A-1",are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT Exhibit'A-2"Carbficabon regarding debarment, XIX suspension and other responsibility matters-primary EXECUTION AND ACCEPTANCE 1 covered transactions,Exhibit"A-3'Certification regarding the restncbons of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying,and Exhibd'A4'Certificate of Current in several counterparts,each of which shall be Cost or Pricing Data Exhibits"A-3'and'A-C are deemed to be an original having identical legal effect only required in Agreements over$100,000 The CONSULTANT does hereby ratify and adopt all statements,representations,warranties,covenants, and agreements contained in the proposal,and the supporting materials submitted by the CONSULT- ANT,and does hereby accept the AGREEMENT and ' agrees to all of the terns and conditons thereof s In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year first above written BY By Consu Agency City of Kent Page a of 8 r ComltanVAddressrrelephone Supplemental Signature The Granger company Page for 7312 Meridian Rd.SE Standard Consultant Olympia,WA 98513 Agreement Contact: Joe Granger Agreement Number Project Title And Work Description LA 4296, LA 4607,&LA 3467 Pacific Highway S.HOV Lanes Federal Aid Number STPUL-0099(045), (060)&(067) Appraisal review Local Agency City of Kent THIS AGREEMENT,made and entered into this 24th day of May 2004 between the Local Agency of City of Kent Washington,hereinafter called the "AGENCY", and the above organization hereinafter called the'CONSULTANT In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year first above written CONSULTANT LOCAL AGENCY By _ By 4sultant" Agency City Of Kent 13y By Consultant Agency By Agency By Agency l DOT Finn/4a4=A EF Rwnad 4095 t Exhibit A-1 Certification Of Consultant Project No ra 4296,4607&3467 Local Agency Kent I hereby certify that I am G/ /9er and duly authonzed representative of the firm of The Granger Compiny whose address is 1155 N 130th St ,Suite 304,Seattle,WA 98133 and that neither I nor the above firm I here represent has- (a) Employed or retained for a commission,percentage,brokerage,contingent fee or other consideraton,any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this contract (b) Agreed,as an express or implied condition for obtaining this contract,to employ or to retain the services of any firm or person in connection with carrying out the contract (c) Paid,or agreed to pay,to any firm.organization or person(other than a bona fide employee worlang solely for me or the above CONSULTANT)any fee,contribution donation or consideration of any land for,or in connection with procuring or carrying out the contract,except as here expressly stated(if any) I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration ' I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration,U S Department of Transportation,in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws,both criminal and civil Ile a ynalun Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent Washington and that the above consulting firm or their representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to (a) Employ or retain,or agree to employ or retain,any firm or person,or (b) Pay or agree to pay to any firm,person or organizaton,any fee,contribution,donation or consideration of 1 any kind,except as here expressly stated(if any) I acknowledged that tiros certificate is to be available to the Federal Highway Administration,U S Department of Transportation,in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws,both criminal and civil Date pne ure 1 Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 1. The prospective primary participant certifies to the best of As knowledge and belief,that it and its principals (a) Are not presently debarred,suspended,proposed for debarment,declared meligible,or voluntarily excluded from covered transactions by any federal department or agency, (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a crrmmal offense in connection with obtaining, attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction,violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property, (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state,or local)with commission of any of the offenses enumerated in paragraph 1 b of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default 2 Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant(Firm) The Granger Company (Dam) IgnaWre) rimdsnt or Authorized Official of Consultant i 1 Exhibit A-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that 1 No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement 2 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this federal contract, grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly Consultant(Firm). The Granger Company j Cirnatura)P dent or Authonzed OfficAl of Consultant l t Exhibit A-4 Certificate of Current Cost or Pricing Data This is to venfy that,to the best of my knowledge and belief,the cost or pricing data(as defined in section 15 401 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4) subnutted,either actually or by specific identification in wntmg,to the contracting officer or to the contracting officer's representative in support of Pacific Highway S HOV Lanes * are accurate, complete,and current as of d r ' ** This certification includes the cost or pricing data supporting any advance agree is and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm The Granger Company Name Ti f / � GI'�'A �UI�-N?P� DZc1y+L1 /sr��Nle7or" Date of Execution*** ��c/% y * Identify the proposal,quotation,request for price adjustment,or other submission involved, j giving the appropriate identifying number(e g,RFP No) ** Insert the day,month,and year when price negotiations were concluded and price agreement , was reached *** Insert the day,month,and year of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to i ' Exhibit B-1 Scope of Work Project No ►A 4296.riot 3467 See Attached 1 1 i ' Documents To Be Furnished By The Consultant See Attached i 1 i A7TACE3MNT A i SCOPE OF WORK The Granger Company will provide appraisal review reports for the Pacific Highway South HOV Lanes Project.This work will include the preparation of 25 parcels on the South Phase,22 parcels for the Middle Phase and 9 parcels for the North Phase for a total of 56 parcels i I Deliverables include narrate appraisal review certificates that meet all federal,state,City of Kent,FHWA,WSDOT,TIB,IAC and USPAP requirements. Work can start within 5 days of receipt of the copy of each appraisal and reviews will be completed at a rate of one per day Exhibit C-3 Payment 1 (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this 1 AGREEMENT as provided hereinafter Such payment shall be full compensation for work performed or services rendered and for all labor,matenals,supplies,equipment,and incidentals necessary to complete the work The CONSULTANT shall conform with all applicable portions of 48 CFR 31 ' 1 Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done,based upon the negotiated hourly rates shown in ExhibitsD and E attached hereto and by this reference made part of this AGREEMENT The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month penod upon request of the CONSULTANT or the AGENCY If negotiations are not conducted for the second or subsequent 12-month periods within 90 days after completion of the previous period,the rates listed in this AGREEMENT or subsequent written authonzation(s)from the AGENCY shall be utdized for the life of the AGREEMENT The rates are inclusive of direct salaries,payroll additives,overhead,and fee 1 In the event renegotiation of the hourly rates is conducted,the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments I 2. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT These charges may include,but are not limited to the following items-travel,printing,long distance telephone,supplies,computer charges,and fees of subconsultants Air or tram travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY Automobile mileage for travel will be reimbursed as the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with ongm and designation of such trips Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost,directly identifiable with the PROJECT,shall be an itemized listing of the charges supported by the original bills,invoices,expense accounts,and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the AGENCY upon request All above charges must be necessary for the services provided under this AGREEMENT. 1 3 Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such autlionzahon(s)shall be to writing and shall not exceed the lesser of$50,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT The amount included for the Management Reserve Fund is shown in the heading of this agreement This fund may be replenished in a subsequent supplemental agreement Any changes requiring additional costs in excess of the"Management Reserve Fund"shall be made in accordance with Section XIV,"Extra Work" L - . 4 Maximum Amount Payable The maximum amount payable for completion of work under tins AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT The maximum.amount payable includes the Management Reserve Fund,but does not include payment for extra work as stipulated in Section XIV,"Extra Work" No minimum amount payable is guaranteed under this AGREEMENT 5 Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E,including names and classifications of all employees,and invoices for all direct nonsalary expenses To provide a means of verifying the invoiced salary costs for the consultant's employees,the agency may conduct employee interviews These interviews may consist of recording the names,titles,salary rates,and present duties of those employees performing work on the project at the time of the interview 6. Inspection of Cost Records The CONSULTANT and his/her subconsuitants shall keep available for inspection by representatives of the AGENCY,STATE,and the United States,for a period of three years after final payment,the cost records and accounts pertaming to this AGREEMENT and all items related to or hearing upon these records with following exception.if any litigation,claim,or audit is started before the three-year period,the records shall be retained until all litigation,clauns,or audit findings involving the records have been resolved The three-year retention period begins when the CONSULTANT receives final payment 7. Final Payment - Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,and other related documents which are required to be furnished under this AGREEMENT Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance Said final payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billmg will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within ninety(90)days of notice of the overpayment Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment i r Exhibit D-2 Consultant Fee Determination -Summary Sheet (Specific Rates of Pay) Fee Schedule Hourly Overhead Profit Rate Discipline or Job Title Rate % @ % Per Hour See Attached r r I i r r 1 r r r r r r r s • ATTACHMENT B ESTIMATED BUDGET The Granger Company will provide appraisal review for the Pacific Highway South HOV Lanes Project The estimated budget for dus work is as follows South 166.66 $75 $12,500 NLddle 14666 $75 $11.000 North 60 $75 $4,500 Total 373.33 $28,000 This billing rate includes all charges,fees,taxes and expenses r r 1 r r r r r r r Exhibit F Payment Upon Termination of Agreement ' By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) ' Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the ' total work required for the PROJECT In addition,the CONSULTANT shall be paid for any authorized extra work completed Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT Kent City Council Meeting Date July 6, 2004 ( Category Consent Calendar 1 1. SUBJECT: WEST NILE VIRUS RESPONSE PLAN—ADOPT 2. SUMMARY STATEMENT: Adoption of the City of Kent West Nile Virus Response Plan. I EXHIBITS: Public Works Director's memorandum and West Nile Virus Response r Plan • 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? Currently in the Budget? Yes N/A No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds rDISCUSSION: ACTION: Council Agenda Item No. 6E PUBUC WORKS DEPARTMENT Don E Wickstrom, P.E,Public Works Director • Phone:253-856-5500 K ENT Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 16, 2004 TO: Public Works Committee FROM: Don Wickstrom,Public Works Director ' SUBJECT: Adoption of City of Kent West Nile Virus Response Plan MOTION: Recommend authorization to full Council for the adoption of the City o=West ' Nile Virus Response Plan SUMMARY: The Public Works Department requests adoption of the City of Kent West Nile Virus Response Plan BUDGET IMPACT: From$12,000 for monitoring and treatment of public stormwater ponds within '/z mile of senior housing up to $20,000 for monitoring and treatment of all public stormwater ponds for three months. ' BACKGROUND: Since 1999,when West Nile Virus was detected in New York, the virus has moved across the United States In 2003, all states in the continental U S experienced cases of West Nile Virus in humans with the exception of Washington and Oregon, and there is a high likelihood that the virus will expand into Washington this summer West Nile has already been detected in several states across the country this summer West Nile Virus is transmitted to people from some types of mosquitoes which breed in small ponds and other still water areas ' King County Public Health(KCPH)is the lead agency for coordination of West Nile Virus status and monitoring programs in our area and has a hotline at(206)205-3883 KCPH will also be issuing permits to allow application of larvicide in water, if the City uses those materials As a requirement of obtaining a permit for larvicide application to water, agencies must adopt a mosquito response plan which incorporates education and surveillance The City is implementing the educational programs through distribution of informative brochures and establishement of a web site with information and links City staff are being trained as mosquito samplers and larvicide applicators Staff will be sampling for mosquito larvae through the summer as part of their normal ' stormwater pond maintenance and monitoring locations of heaviest concentrations If KCPH notifies the City of human cases in our area, targeted larvicide application can be made efficiently and quickly. Due to the increased risk of senior citizens to the disease,the City will be targeting areas near senior housing in its treatment In the U S in 2003, the median age of persons who developed the more serious form of the West Nile Virus disease was 54 years and the median age of fatalities was 77 years Mimmization of mosquito habitat in areas where people live and work is the first defense against the disease. The City is focusing efforts on minimizing mosquito habitat through activities such as tipping over objects that might contain water, repairing leaky faucets and recycling old bottles, ! buckets and cans Application of mosquito larvicide to stormwater ponds will only be used if KCPH calls for it through an increase in the alert level designation The level of monitoring and ! treatment required will depend on the alert level designation and recommendations of the KCPH At this point in time we are not requesting that a budget be established. Should KCPH notify us that the virus has been detected in the State of Washington then we will request that a budget therefore be established for the City's Storm Utility Fund ! ! ! ! 1 City of Kent West Nile Virus Response Plan ' June 16, 2004 1) Introduction ' This City of Kent West Nile Virus Response Plan and its components is based on information and recommendations provided by the Washington State Department of Health in the December, 2003,version of its Mosquito-borne Disease Response Plan. That document reviewed the history and responses of the state to various mosquito-bome diseases The plan provided four alert levels which depend on the current status and risk of outbreak of a disease The actions ' recommended by the Disease Response Plan were written for a wide variety of agencies and have been adapted for the City of Kent in its unique role in responding to this health issue and are included below Seattle and King County Public Health(SKCPH)will be the lead agency in providing information and guidance on the status and risk of the disease. The City will be relying on SKCPH to provide updates on the current risk categories for different areas The City anticipates that the status of the disease may change quickly and will need to anticipate this possibility The City may be affected by this disease in many ways, from the close vicinity of many of its natural resources and parks and stormwater facilities to residences and businesses where people work and play,to the risks of its own staff, many of whom spend significant time working ' outdoors The City's response plan takes these many situations into account and provides a reasoned and effective plan of action The methods and materials the City will use in its response to mosquitoes will be per the 2003 Washington Department of Ecology Best Management Practices for Mosquito Control 2) Response Plan Alert Levels i) Alert Level 1 1 (a) Definition Areas with no positive surveillance findings or cases in humans or horses indicating epizootic arbovirus activity in the current calendar year (b) Response (i) Education 1. Staff a. Provide education on West Nile Virus and equipment and ' materials to minimize risk of mosquito bites 2 Public a. Conduct public education emphasizing source reduction. b Encourage reporting of mosquito activity (ii) Surveillance 1. Inventory and map mosquito habitat s 2 Conduct mosquito larval surveillance (iii)Control 1. Habitat reduction ii) Alen Level 2 , (a) Definition Areas with confirmation of arbovirus activity in wild birds or in sentinel flocks and/or mosquito pools if used as surveillance tools (b) Response (i) Education 1 Staff a. Continue to provide education on West Nile Virus and equipment and materials to minimize risk of mosquito bites 2 Public a Increase public education emphasizing personal protection, particularly by persons over 50 years of age (ii) Surveillance 1 Work with SKCPH to conduct surveillance in areas of positive findings to identify possible sources and mosquito species 2 Expand surveillance in adjacent areas (iii)Control 1 Continue habitat reduction iii) Alert Level 3 (a) Definition Initial confirmation of horse or human cases and/or multiple positive birds, and/or positive sentinel flocks and/or mosquito pools if used as surveillance tools (b) Response (i) Education 1. Staff a Provide updates on status of virus findings b. Continue to provide education on West Nile Virus and equipment and materials to minimize risk of mosquito bites 2 Public a Continue to provide public information and possibly expand to include city public television. , (ii) Surveillance 1 Work with SKCPH to investigate cases, and expand larval surveillance as necessary (iii)Control 1 Continue habitat reduction 2 Larval Control in and adjacent to areas of positive findings especially in areas adjacent to senior housing and centers. iv) Alert Level 4 (a) Definition Surveillance indicates an escalating epizootic in horses and birds and multiple human cases likely to have been acquired locally due to a high level of arbovirus activity Abundant adult vectors and conditions favoring ' continued transmission to humans. (b) Response (i) Education 1. Staff a Continue to provide updates, education and mosquito repellent 2. Public ' a Continue public information focused on personal protection, particularly for persons over 50 years of age (d) Surveillance 1. Work with SKCPH to investigate cases, and expand surveillance as necessary (iii)Control 1 Continue habitat reduction 2. Continue larval control 3. Coordinate with SKCPH on consideration of adult mosquito control targeted at areas of potential human risk if surveillance indicates the risk is likely to increase and vector species are abundant* 4 Coordinate with SKCPH to monitor effectiveness of spraying on target populations if adulticides are used * In general, the finding of a positive bird or mosquito does not by itself constitute evidence of an imminent threat to humans and warrant mosquito adulticiding Adulticidmg should only be considered after consideration of the risk to human health by taking into account multiple factors including • Documentation of the presence of arboviruses in the area, • Abundance and species of the mosquito population, • Density and proximity of human populations, ' • Time of year and weather conditions, • Accessibility to the area where the vector is located, • Rapidity of the response required as determined by the seriousness of the public health threat, and • Potential impact on people and the environment ' 3) Permits To apply mosquito larvicide to waters of the state, a National Pollutant Discharge Elimination System (NPDES)permit is required The Washington Department of Ecology has granted a blanket permit to the Washington Department of Health, which 1 means that the City of Kent would acquire this permit through an application to the Washington Department of Health in conjunction with adoption of this response plan 4) Contacts & Resources, West Nile Virus Hotlines Public Health— Seattle and King County (SKCPH) 206-205-3883 Washington Department of Health 866-78VIRUS To Report General Questions,Dead Birds SKCPH 2O6-2054394* Mosquito problems SKCPH 2O6-205-4394 Veterinary Cases SKCPH 2O6-296-4880 Human Cases SKCPH 2O6-296-4774 * this number may be used for general questions , West Nile Virus Web sites Public Health SKC www metrokc gov/health/westnile , Washington Department of Health www doh wa ov/ehphs/Zoo/WNV/Permit html Permit for aquatic mosquito control www doh wa gov/ehp/ts/Zoo/Permit html Center for Disease Control www cdc gov/ncidod/dvbid/westnile/ WSU Cooperative Extension www wnv wsu edu Cornell University www cfe comell edu/erap/WNV Insect Repellent Info www cdc eov/ncidod/westnile/aa/insect repellent htm , US. Dept of Agriculture www wa Rov/agr/FoodAnimal/AnimaiHealth/WNVdefault htm U S Environmental Protection Agency:Mosquito Control— www epa eov/pesticides/factsheets/skeeters him City of Kent www ci kent wa us/publicworks/news/westnilevirus htm Public Health— Seattle& King County , Dr Sharon Hopkins,Public Health Veterinarian 206-296-4880 Sharon h_pkmsametrokc gov Bill Heaton, Vector/Nuisance Supervisor 206-205-4397 Bill Heatonr&metrokc eov Kim Moore,WNV Outreach Coordinator 206-296-3998 Kimberly MooreAmetrokc gov Hilary Karasz-Dominguez, Media Officer 206-296-4767 Hilary Karasz-Domingue metrokc Rov Human Health Questions 206-2964774 Washington State Department of Health , Tom Gibbs, WNV Coordinator 360-236-3060 Tom Gibbs(@doh wa gov WNV publications and fact sheets 360-236-3380 City of Kent Don Wickstrom,Public Works Director 253-856-5500 Larry Blanchard,Public Works Operation Mgr. 253-856-5600 Mike Pulliam, Street Vegetation Control Sup 253-856-5671 Scott Schroeder,Drainage Vegetation Lead 253-856-5675 Mike Mactutis,Environmental Engineering Sup 253-856-5520 ' Rick Weiss,Parks Mtc. Sup. 253-856-5128 References - Best Management Practices for Mosquito Control, Washington State Department of Ecology Water Quality Program, March, 2003 Washington State Department of Health Mosquito-borne Disease Response Plan, December, 2003 Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: RUSSELL ROAD &UTILITY RELOCATION PROJECT—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the Russell Road and Utility Relocation project as complete and release retainage to Ceccanti, Inc. upon standard releases from the state and release of any liens. The original contract amount was $449,008.11. The final contract amount was $517,473.92. Adequate funds exist within the project to cover this overage. r3. EXHIBITS: Public Works Director's memo r4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F ! PUBLIC WORKS DEPARTMENT Don E. Wickstrom, RE Public Works Director • Phone 253-856-5500 T Fax 253-856-6500 K E N W A S H I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 ! DATE: June 15, 2004 TO: Public Works Committee FROM: Don Wtckstrom,Public Works Director ! SUBJECT: Russell Road& Utility Relocation—Accept as Complete 228`h Street Corridor Project(LID 353) ! MOTION Recommend to full Council acceptance of the project as complete upon standard releases from the state and release of any liens. SUMMARY: Where construction contracts have exceeded 10% of the original bid amount the Public Works Department has sought committee concurrence therewith prior to seeking full ' council acceptance of said contract. This xarticular contract is 15.3%over and because it was only a small piece of the much larger 228 Street Corridor project no budget impact is associated therewith As such the Public Works Department seeks Council acceptance of the project as ! complete. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact ! BACKGROUND: Because this contract was only a small phase of the $30,000,000 228`, ! Street west leg corridor project no budget impact is involved even though it exceeded the award amount by$68,465.81 or 15.3%. The majority of the overage(63%)was caused by added expenses to mitigate for unanticipated, soft valley soil that had to be removed to provide a stable roadbed for future South 228 h. This required additional expense for roadway excavation, the import of more suitable gravel borrow and traffic control while the additional work was being performed. Some of the unsuitable material was reused to the future bridge abutment area for ! which by utilizing there will have future savings estimated at$22,000 per a future subsequent fill contract The Public Works recommends accepting the project as complete ! ! Mayor White and Kent City Council 1 ! ! Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: POLICE MOBILE DATA COMPUTER REPLACEMENTS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign purchase orders for replacement MDCs,payable to CDW-G, not to exceed $76,000. 1 3. EXHIBITS: Memo, Requests for Quote and CDW-G's response 4. RECOMMENDED BY: Operations Committee (Committee, Staff,Examiner, Commission, etc.) ' 5. FISCAL IMPACT — Expenditure? X Revenue? Currently in the Budget? Yes No X ' If no: Unbudgeted Expense: Fund T20064.63520.1900 Amount $75,611.65 Unbudgeted Revenue: Fund T20064.63520.1900 Amount$75,611.65 ' 6. CITY COUNCIL ACTION: rCouncilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda ' Item No. 6G INFORMATION TECHNOLOGY ' Stan Waldrop, Director Phone 253-856-4600 • Fax 253-856-4700 K E N T Address 220 Fourth Avenue S ' W A S M I N G T O N Kent,WA,98032-5895 June 8, 2004 ' TO: Kent City Council Operations Committee FROM: Stan Waldrop, Information Technology Director THROUGH Mayor Jim White ' SUBJECT: 2004 Police MDC Replacement ' MOTION: I move to recommend the Council authorize the Mayor to sign purchase orders for replacement MDCs, payable to CDW*G,not to exceed $76,000. SUMMARY: Purchase 34 semi-ruggedized laptop computers from CDW*G to replace existing mobile data computers in Police vehicles BUDGET IMPACT. Technology Plan 2002 - $76,000 ' BACKGROUND: This bid was originally awarded to Datec Incorporated at a total price of $63,219 26 Datec Incorporated declined to provide the semi-ruggedized laptops at their quoted price and has been declared an irresponsible bidder Because of the time that had elapsed since the original bid, the laptop model we had requested is being discontinued and the pricing was no longer available We therefore requested bids for a revtsed model and are presenting those results This change will result in an increased cost of$12,392 The Police Department has 47 mobile data computers (MDCs) These are semi-ruggedizd laptop computers used for data communication with Valley Communication Center Our normal ' workstation replacement interval is 4 years. However, these workstations are on a 3-year replacement cycle due to the more strenuous environment in which they operate Previously, a fully ruggedized unit was used because of the operating environment However, after careful ' evaluation in cooperation with the Police Department, it was determined that semi-ruggedized units could be utilized allowing more modern technology and a reduced cost We are proposing to replace 34 of these computers at this time A request for quotes was published and the following were the top 4 qualified responses Vendor Unit Price Total CDWG $2 223 87 $75 61 165 Unisoft $2 325.06 $79 051.90 ' Microworld $2,328.32 $79,162 88 Ba com $2 355 52 $80,087 68 ' Attachments: Request for Quotes and CDW*G Response I KENT W1l MIMOTO• INFORMATION QUOTE SPECIFICATIONS QUOTE FOR PANASONIC TOUGHBOOK CF-50 LAPTOPS May 21, 2004 ' The City is considering the purchase of 34 Panasonic Toughbook CF-50 Semi-Ruggedized Laptops The City of Kent reserves the right to reject any and all quotes, or waive any informalities in the process The City of Kent will award this contract to the lowest and best responsible supplier,based on that supplier's quote, and shall be the sole judge thereof No plea of mistake in the quote shall be available to the supplier as a defense to any action based upon the neglect or refusal to execute a contract No supplier may withdraw his/her quote for a period of 60 days after the date the quote is due Quotes shall include delivery to the City Suppliers shall be responsible for all goods until delivered to and accepted by the City General Information: City Contact Information: Chris Beagle, Technical Services Supervisor 253-8564600 cbeagle(@ci kent wa us Vendor Submittal (format on next page) should be sent to: QUOTE FOR PANASONIC TOUGHBOOK CF-50 LAPTOPS City Clerk 220 4'h Avenue South Kent,WA 98032 CLaptop Specifications: Panasonic Toughbook CF-50 Semi-Ruggedized Laptops Ouantity: 34 of Each Item • Includes• Intel Pentium M 1 5 Ghz Centeno Part#CF- 50J2KUEKM Processor, 256 MB RAM, 40 GB hard drive, DVD/CDRW drive, Windows XP Professional • Add']. 256 MB Memory Card Upgrade Part#CF- WM13A40256F • Panasonic Toughbook CF-50 3-year no-fault warranty for above laptop Part#CF-SVCLTNF3Y • Lind Electronics Panasonic Toughbook 80 Watt DC Adapter Part#PA1555-968 O KENT W.....i.OTO.. INFORMATION TFr.HNQl DAY Due: By 3 00 n m as shown on the City Clerk's clock on the I'floor of City Hall on June 4, 2004 • KENT w.anixorox INFORMATION QUOTE FOR PANASONIC TOUGHBOOK CF-50 LAPTOPS TECHNOLOGY VENDOR SUBMITTAL Vendor Submittal shall include the following: 1 Price(including shipping) Price Per Laptop $ Total price for 34 Laptops $ Total Shipping Cost $ Total Cost $ * DO NOT INCLUDE TAX IN PRICING 2 Estimated shipping time once order is placed 3 List of 3 business references with contact information 1, <Vendor Renresentatdve Name>, certify that <Vendor Name> has reviewed the City's RFQ for Panasonic Toughbook CF-50 Laptops and agree to be bound by the conditions stated in this RFQ All contact with <Vendor Name>should be directed to Name Title Address Telephone Fax Email Signed Date Title KENT INFORMATION TECHNOLOGY QUOTE SPECIFICATIONS QUOTE FOR PANASONIC TOUGHBOOK CF-50 LAPTOPS May 21, 2004 The City is considering the purchase of 34 Panasonic Toughbook CF-50 Semi-Ruggedized Laptops. The City of Kent reserves the right to reject any and all quotes, or waive any infonnalibes in the process. The City of Kent will award this contract to the lowest and best responsible supplier, based on that supplier's quote,and shall be the sole Judge thereof. No plea of mistake in the quote shall be available to the supplier as a defense to any action based upon the neglect or refusal to execute a contract. No supplier may withdraw his/her quote for a period of 60 days after the date the quote is due. Quotes shall Include delivery to the City. Suppliers shall be responsible for all goods until delivered to and accepted by the City. General Information: City Contact Information: Chris Beagle,Technical Services Supervisor 253-856-4600 cbeagle(dici,ken t.wa.u Vendor Submittal(format on next page)should be sent to: QUOTE FOR PANASONIC TOUGHBOOK CF-50 LAPTOPS Gty Clerk 220 4t°Avenue South Kent, WA 98032 Laptop Specifications: Panasonic roughbook CF-50 Semi-Ruggedized Laptops Quantity: 34 of Each Item • Includes: Intel Pentium M 1.5 Ghz Centrino Part#CF-5032KUEKM Processor, 256 MB RAM,40 GS hard drive, DVD/CDRW drive,Windows XP Professional • Addl. 256 MB Memory Card Upgrade Part#CF-WMBA40256F • Panasonic Toughbook CF-50 3-year no-fault warranty for above laptop Part#CF-SVCLTNF3Y Lind Electronics Panasonic Toughbook 80 Watt DC Adapter Part#PA1555-968 Due: by 3:00 PM as shown on the City Clerk's dock on the 1t floor of City Hall—6/1)" 40 `•� KENT INFORMATION QUOTE FOR PANASONIC TOUGHBOOK CF-50 LAPTOPS TECHNOLOGY VENDOR SUBMITTAL Vendor Submittal shall include the following: 1. Price(including shipping) Price Per Laptop $ 2044.00 Total pnce for 34 Laptops $ 69, 496.00 Total Shipping Cost $ ,0 o Total Cost $ 69,496.00 * DO NOT INCLUDE TAX IN PRICING 2. Estimated shipping time once order is placed 1 -10** 3. List of 3 business references with contact information, *see attached sheet L David Chapman _, certify thatCDW*G, Inc. has reviewed the Citv's RFQ for Panasonic Toughbook CF-50 Laptops and agree to be bound by the conditions stated in this RFQ. All contact with CDW*G, Iac:-slouldbe directed to: Name. Dan Pretekin Title: Account Mgr. Address'. 230 N Milwaukee Ave. , Vernon Hills, IL 60061 Telephone: 800-608-4239 Fax: 847-419-6200 l anpre@cdwg.com Q )-" Signe Sales Mgr. Date 6/02/04 Title Sales Manager 7rieRW 4ecbnalogy, CDW Government Inc.Govemment References Paul Bryant Diane Wagner Department of Developmental Services City of Appleton 1600 9r St 100 N.Appleton Street Suite 220 Appleton,WI 54911 Sacramento, CA 95814 Ph.920-832-6010 Ph: 916-653-8596 Christine Workmeister Ken Hoach Genera'Assembly of Maryland Stanislaus County Health Services 90 State Circle Room 1030 Scenic Dr. Room G-15 Modesto, CA 95350 Annapolis, MD 21401 Ph- 209-558-7414 Ph- 410-946-5290 Don Kelly City of Olympia 924 7"'Avenue SE Olympia, WA 98501 Ph 360-753-8322 Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: QWEST PBX MAINTENANCE CONTRACT-AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract renewal with Qwest Interprise Services PBX Maintenance Services subject to City Attorney approval of the contract documents. 3. EXHIBITS: Memo and Qwest Contract Renewal 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT — Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H INFORMATION TECHNOLOGY Stan Waldrop, Director Phone 253-856-4600 • Fax 253-856-4700 KENT Address 220 Fourth Avenue S W A S H I N O T O N Kent,WA 98032-5895 June 15,2004 iTO: Kent City Council Operations Conn uttee FROM: Stan Waldrop, Information Technology Director THROUGH: Mayor Jim White SUBJECT: Telephone PBX Maintenance Agreement MOTION: I move to recommend the Council authorize the Mayor to sign a contract renewal with Qwest Interprise Services PBX Maintenance Services subject to City Attorney approval of the contract documents. SUMMARY: Renew the City's Telephone PBX Maintenance Agreement with Qwest Interpnse Services.. BUDGET IMPACT: Approximately $33,000 annually depending on equipment placed in or removed from service Currently included in the 2004 Operating Budget BACKGROUND: A competitive RFP process was conducted to procure a vendor to maintain the City's PBX telephone system. We received responses from seven (7) vendors and Qwest Interpnse Services was the successful vendor from this process. The process resulted in a reduction of the City's PBX maintenance costs by over$15,000. Attachments: Qwest Contract Renewal 1 FIRST AMENDMENT TO THE NORTEL NETWORK PBX MAINTENANCE AND SERVICES AGREEMENT BY AND BETWEEN CITY OF KENT AND QWEST GOVERNMENT SERVICES, INC. This First Amendment (this "First Amendment") by and between City of Kent, a i Washington Municipal Corporation ("City") and Qwest Interprise America, Inc., formerly referred to as Qwest Government Services, Inc. ("Vendor" or"Qwest'), to the Nortel Network PBX Maintenance and Services Agreement (the "Underlying Agreement") executed by the City on July 13, 2001 and by Qwest on July 2, 2001. Except as set forth in this First Amendment, capitalized terms shall have the definitions assigned to them in the Underlying Agreement. WHEREAS, the parties desire to amend the Underlying Agreement. NOW, THEREFORE, in consideration thereof,the parties agree as follows: 1 Term of Agreement: Delete and replace in its entirety Section 2, Term of Agreement, of the Underlying Agreement,with the following: The term of the Agreement shall be deemed to have commenced on July 13, 2004, and end on July 12, 2005. Thereafter, the Parties may renew the Agreement for two additional one-year (twelve months) periods by written agreement. The rates and charges established in Exhibit A, attached and incorporated by this reference, shall apply to Qwest's work; however, these charges will only apply to equipped ports installed in City equipment. The number of equipped ports may change during the term of this First Amendment Agreement, and the parties will adjust these charges accordingly on a quarterly basis,using the rates given in Exhibit A. The Exhibit A rates and charges may be revised only at the tune of renewal and any renewal shall specify any change in compensation or charges payable to Qwest. Notwithstanding the foregoing, the rate per port and Symposium system price, shall in no event, exceed an annual increase of five percent(5%). 2. Exhibit A: Delete and replace in its entirety Exhibit A of the Underlying Agreement, with Exhibit A, Maintenance And Services Pricing, attached hereto and incorporated by this reference, as a new Exhibit A to the Underlying Agreement. 3. Turf Technicians: Qwest shall assign the following technicians as Primary and Secondary technicians to service the City's account: Primary: Secondary: Qwest CPE Service Center shall dispatch the Primary and/or Secondary technicians listed above to all City calls unless these technicians are unavailable due to illness, vacation, or training. In the event that the Primary and Secondary technicians are unavailable, other equally qualified technicians familiar with the City's telephone systems shall be dispatched to the call. However, the City may deem certain technicians unacceptable and Qwest will not dispatch these ' FIRST AMENDMENT TO THE NORTEL NETWORK PBX MAINTENANCE AND SERVICES AGREEMENT- 1 technicians to any City call. The City shall notify Qwest in writing in the event a Qwest Technician is deemed unacceptable to work on City equipment. This will in no way relieve Qwest's responsibility to respond to calls within their stated call response times. The Primary and Secondary technicians may be changed by mutual written agreement between the City and Qwest. 4. Preventive Maintenance: Qwest shall coordinate with the City to schedule, conduct, and document the preventive maintenance tasks detailed in Exhibit B, Preventive Maintenance Checklist. Preventive maintenance shall be scheduled a minimum of 5 business days in advance of the actual preventive maintenance call date with the City's consent. 5. Liquidated Damages: The City, as a local government that conducts extensive ongomg business transactions and that communicates regularly with its citizens and with other local, state, and federal branches of government, must have a telephone system available and operable at all tunes, day and night, weekdays and weekends. Should the City's telephone network fail, the City's ability to conduct business and respond to the needs of its citizenry would be greatly impaired. Because these damages are difficult or impossible to measure, the City and Qwest will apply the liquidated damages established in this section. Should Maintenance Service ("Service"), for either Minor or Major emergencies as I defined in the Underlying Agreement, not be completed within the time specified, Qwest agrees to pay liquidated damages to the City. A means of calculating such sum(s) has been fixed and agreed upon by the parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City would sustain in the event of non-completion within the specified time The parties have adopted the following formula to calculate liquidated damages for failure to deliver and/or mstall and/or service with the requisite number of days [or hours, as applicable] allowed for Qwest's performance within this Agreement. Accordingly, the City and i Qwest agree: (1) To pay (according to the following formula) liquidated damages for each day [or for each hour, as applicable] beyond the number of days [or hours, as applicable] allowed for completion of Qwest's performance under the Agreement. LIQUIDATED DAMAGES FORMULA LD =A x T,where LD =Liquidated damages per day [or per hour, as applicable] rounded to the nearest dollar. A =The damage per day is $4,800.00 The damage per hour is $200 00 T = Number of days [or hours,as applicable]. FIRST AMENDMENT TO THE NORTEL NETWORK PBX MAINTENANCE AND SERVICES AGREEMENT-2 T 6. Critical Spares: Exhibit C, Critical Spares List, details the list of critical components for the City's telephone systems that Qwest shall maintain in a warehouse within a 50 mile radius of the City and provide to the City within a 4 hour time period in the event of a Major emergency. 7. Payment Options: Qwest shall be paid for Services provided to the City on a quarterly basis (beginning within three(3)months from the effective date of the Agreement)within thirty (30) days,upon submission of proper invoices, at the prices stipulated in Exhibit A. Any amount not paid within thirty (30) calendar days of the invoice date ("Due Date") shall be considered past due and subject to interest at the rate of eight percent (8%) per annum. In addition to such rates and charges, the City shall be responsible for all Taxes assessed in connection with the Services. "Taxes" means any and all applicable foreign, federal, state and local taxes, including, all use, sales, value-added, surcharges, duties, fees, or other tax-related surcharges, whether charged to or against Qwest or the City, with respect to Services, but excluding any taxes based on Qwest's net income. The City shall provide to Qwest any tax exempt certificate(s) requested by Qwest should the City claim such exemption of any Taxes charged. 8. Inconsistencies: Except as expressly modified by this First Amendment, the Underlying Agreement shall continue in full force and effect in accordance with its terms and constitutes the legal and binding obligations of the City and Qwest. In the event the terms and conditions of tlus First Amendment and the Underlying Agreement are inconsistent, the following shall be the order of precedence: 1)First Amendment; 2) Underlying agreement. 9. Entire Agreement: This First Amendment and the Underlying Agreement constitute the complete agreement of the parties concerning the subject matter hereof, and supercede any prior written or verbal statements, representations, and agreements concerning the subject matter hereof. 10. Effective Date: The parties hereby execute and authorize this First Amendment to the Underlying Agreement, which shall take effect on July 13, 2004 (the "First Amendment Effective Date"). City of Kent Qwest Interprise America,Inc Authorized Signature Authorized Signature Jim White Richard Fernandez Name Typed or Pnnted Name Typed or Printed Mayor Director Offer Management Title Title Date Date FIRST AMENDMENT TO THE NORTEL NETWORK PBX MAINTENANCE AND SERVICES AGREEMENT-3 APPROVED AS TO FORM ATTEST: Authorized Signature City Clerk Tom Brubaker Name Typed or Panted City Attorney Title I Date i t i FIRST AMENDMENT TO THE NORTEL NETWORK PBX MAINTENANCE AND SERVICES AGREEMENT-4 Exhibit A Maintenance and Services Pricing Port Type Port Count Price Per Total Port Digital Phone Port 4$24992 $1.37 $I402.881359.04 Analog Phone Port 414360 $1.37 $669.M93.20 OPS Phone Ports 3416 $1.37 32.8821.92 Analog Trunk Ports �68176 $1.37 23046241.12 Digital Trunk Ports 600 Included Included Call Pilot VM Port 24 $6.16 $147.84 Symposium System $157.67 Priced per system) MCR Remote Equipment Included Other Other• Total Monthly $2A41452 420.79 Total Quarterly $7-9643.057 262.37 Pricing is per equipped port. Pricing shall be adjusted quarterly based upon the number of i equipped ports at the end of the previous quarter. Qwest Labor Rate for Adds/Moves/Changes- Regular: $76 00/hour Overtime: $114.00/hour Holiday: $152.00/hour Overtime is outside the hours of 7 00 AM—6:00 PM Monday—Friday. Holiday is Sundays or any Qwest recognized Holiday r t f EXHIBIT A- 1 i Exhibit B Preventive Maintenance Checklist i E i EXHIBIT B- I i Qwest CPE Preventive Maintenance Checklist Date: Customer: Location: Item Completed Rescheduled Reason and Date status Test trunks _ Check status of system monitors Check status of TTY ports Reviews stem History file Check for virus updates and Nortel Networks current PEP's Runs stem dia nostics as required Check time and date Check maintenance printer Test tape and disk drives Backup system tape/disks Check system input voltages as required Check and clean filters as required Inspect system ground connections Coordinate testing of UPS/battery backup with customer if Qwest supplied and maintain Check power connections from UPS/battery backup if Qwest provided and maintained Check and clear alarms Backup Voice Mail system tapes/disk, review current manufacture PEPs and updates if Qwest provided and maintained Back tape/disks, review current PEPS and updates for Symposium servers Maintain equipment area in a clean and orderly condition Remarks: Technician Date I EXHIBIT B-2 i i Exhibit C Critical Spares List EXHIBIT C- I QWEST PART VENDOR PART Vendor NUMBER PART DESCRIPTION -SEATTLE NUMBER General 7100053N PRNTR SER 184 TURBO OKI 445294 General 7100018R KIT SER I/F MODEL 320 PRNTR 447615 General 5810004N HNDSET ASH MOD NO CORD ITT R 469108 General 554000IN SET MAC/SVC DSK MW ASH 471293 General 5540024N SET 2554 WALLMOUNT PREMIER 4733767521 General 3080023N HNDSET LEG MD S13080099N 484535 General 7100170R PRNTR LQ570-PRL W/CBL&SER I/F 501613 Nortel 3012240R 718SL1-1 CNSL ATND M1250 718SLl l Nortel 3080099N HANDSET LEGACY GREY A0329174 Nortel 3011248N A0348785 HCORD W/PJ PLUG A0348785 Nortel 301009I N WALL TRNSFRMR 26 7VAC I I OVAC A0367335 Nortel 3012552N A0368760 TAPE BKUP 250MB A0368760 Nortel 3090274R TERM VT420 DEC W/RS232 JACK A0376839 Nortel 3160003R M8314 H/F ASH SET A0400007 Nortel 3160010R SET NTI M9216 CLASS ASH A0402092 Nortel 3160000R M8009 BLK SET A0402137 Nortel 3050198R A0404134 MODINTG COM SYS W/PWR A0404134 Nortel 3050200R A0404135 DIGITAL TRUNK I/F A0404135 Nortel 3050195R A0404139 SERVICES CARTRIDGE A0404139 Nortel 316000I N SET NTI M8009 ASH A0404589 Nortel 3160001 R M8009 ASH SET A0404589 Nortel 3050213R CRTRG TRNK ANLG LS/DS A0405799 Nortel 3160016R M8001 ASH SET S/3160031 R A0409275 Nortel 316003IR SET M8003 ASH MD 8/24/99 QOH A0621985 Nortel 3050217R A0628538 CRTRG MOD DR5 W/DOCS A0628538 Nortel 3013507R A0637905 TAPE DRIVE TANDBERG A0637905 Nortel 3013820N A0671007 CBL KEYLAMP MOD RIB A0671007 Nortel 316003I N SET M8003 ASH MD 8/24/99 QOH A0780804 CP PII Call Processor Card (128MB Nortel 3015604N Memo A0810496* Nortel 3014047R AS7200 DUAL PRT DTI/PRI PKG AS7200 Nortel 3013132N LEGACY HANDSET, BLK NT0009EK03 Nortel 3011255R NT1 F05AE35 SET M2009 DIG ASH NT1 F05AE35 Nortel 3011256R NT1F05AE93 SET M2009 DIG GRY NTlF05AE93 Nortel 3011093R NT1F06AB35 M2112 S/3011202R NTIFO6AB35 Nortel 3011258R NTI F06AF35 SET M2112 DIG ASH NTI F06AF35 Nortel 3011259R NT1F06AF93 SET M2112 DIG GRY NTIF06AF93 Nortel 3011210R NT1F1IAD03 M3000 MD S/3012153R NTlFllAD03 Nortel 3012153R NT1 F1 1 AK03 SET M3000 TOUCH B NTIFIlAK03 Nortel 3011208R NTIF21AB35 M2317 S/3012163R NT1F21AB35 Nortel 3012163R NTIF21AE35 M23171NTLGT ASH NTIF21AE35 Nortel 3014803R Fibre supedoop NTIP61CA Nortel 3014804R Fibre controller NTIP62CA Nortel 3013136R NT2K05GA35 M2006 S/L DIG ASH NT2K05GA35 EXHIBIT C-2 OWEST PART VENDOR PART Vendor NUMBER PART DESCRIPTION-SEATTLE NUMBER Nortel 3013142R NT2K08GA35 M2008 BASIC ASH NT2K08GA35 Nortel 3013143R NT2KO8GA35 M2008 BASIC GRY NT2KO8GA93 Nortel 3013629R NT2K08GB03 M2008HF BASIC BLA NT2K08GB03 Nortel 301363OR NT2K08GB35 M2008HF BASIC ASH NT2KO8GB35 Nortel 3013145R NT2K08GH352008DSPS/3080091R NT2K08GH35 Nortel 3013146R NT2K08GH93 2008 DSP GRY NT2K08GH93 Nortel 3013633R NT2K08GK35 M2008HF DISPLY ASH NT2K08GK35 Nortel 3013768R NT2K16GA93 M2616 PERF+ BASIC NT2K16GA93 Nortel 3013770R NTZ2K16GH35 M2616 S/3080093R NT2K16GH35 Nortel 3013771R NT2K16GH93 M2616 PERF+W/DSPLY NT2K16GH93 Nortel 3080088R NT2K16XE03 M2616 DSP BLK NT2K16XE03 Nortel 3080093R NT2K16XE35 M2616 DSP ASH NT2K16XE35 Nortel 3012252R MERIDIAN KEY EXP MOD, BLK NT2K22XH03 Nortel 3012253R NT2K22XH35 MOD KEY EXP ASH NT2K22XH35 Nortel 3012254R NT2K22XH93 MOD KEY EXP GRY NT2K22XH93 Nortel 3014806R NT2K36AA03 M2616CT CORDLESS NT2K36AA03 Nortel 3016057R cCPCI Multi-Media Disk Unit NT4N43CA CP PII Call Processor Card (256MB Nortel 3016234N Memo NT4N64AA' Nortel 3015559R cPCI Core Network Interface Card 2ports) NT4N65AB cPCI Core Network Interface Transition Nortel 3016015N Card NT4N66AB Nortel 3015605N CP CIS stem Utility Card NT4N67AA Nortel 3016235N CP CIS stem Utility Transition Card NT4N68AA Nortel 3090049R NT4R01AC PROC NTWK VCE NT4R01AC Nortel 3090053N NT4RO8AA MEM 2 MEG HABC NT4R08AA Nortel 3090054R NT4R09AA ESBC BUS NT4R09AA Nortel 3120009R UNITY II ASH SET NT4R412AA35 Nortel 3013446R NT4R45AA MMP40 PROC CLASSIC NT4R45AA Nortel 3090424R NT4R71AA CRD 2.5MB MEM NT4R71AA Nortel 3050695R STARTALK FLASH 4 REL 2 0 NT5B07AABF Nortel 3050093R KSU BX24 VERSION 2 W/O SFTWR NTSB20FC Nortel 3050111R CRTRG DID TRUNK NT51337GA Nortel 3050115R CRTRG E&M NT51338GA 1 Nortel 3050092R CRTRG 1A2 TRUNK CTRX ONLY NTSB39GA Nortel 3050038R NT5B50FA MOD STN NT5850FA Nortel 3015034R NT5D03BA CALL PROC 68060 64M NT5D03BA Nortel 3015034R Call processor 68060 64MB NT5D03BA Nortel 3014503N 68060/80 MD CALL PROC MD QOH NT5D10CA Nortel 3104503R Call processor 68060 64MB NT5D10CA Nortel 3013448R NT5D11AA CRD I/F T1 OPT21-81 NT5D11AA Nortel 3013448R Line Side Ti NT5D11AA Nortel 3015564R NT5D12AG DUAL PT DTI/PRI DDP NT51)12AG Nortel 3015564R Dual loop PRI NT51)12AG Nortel 3013544R IOP/CMDU NT5D20AA Nortel 3014511R NT5D30AA DUALIGS NT5D30AA EXHIBIT C-3 QWEST PART VENDOR PART Vendor NUMBER PART DESCRIPTION-SEATTLE NUMBER Input-Output Disk Unit w/CDR OM Nortel 3014507R IODU/C NT5D61AA Nortel 3014813R NT5D61AB IODU/C PACK NT5D61AB Nortel 3120226R NT5D64CA LOC MINI CARR I/F NT5D64CA Norte[ 3120158R Mini Carrier LMI NT5D65BA Nortel 3120159R Mini Carrier RMI NT5D67BA Nortel 3016207R Mini Carrier LMI NT5D68CA Nortel 3014648R Mint Carrier LMX NT5D69CA Nortel 3120226R Mini Carrier LMI NT5D6CA Nortel 3051061N NVM HARD DRIVE MD S/3051099R NT6B42VK Nortel 301l499R Power Supply NT6D40AA Nortel 3011499R NT6D40AB PWRSUP PERIPH EQPT DC NT6D40AB Nortel 3014260R Power Supply NT6D41AD Nortel 3012432R NT6D42CC CD GEN RING DC NT6D42CC Nortel 3012432R Ring Gen NT6D42CC Nortel 3012842R NT6D43AA PWRSUP DC CE/PE NT6D43AA Nortel 3090630N 4 5GB MODULAR HARD DISK DRIV NT6D48FA Nortel 3012387R NT6D63AA CRD IN/OUT PROC 10 NT6D63AA Nortel 3012388R NT6D64AA UNIT CORE M-DRV CMD NT6D64AA Nortel 3012389R Core to Network Interface card (CNI) NT6D65AA Nortel 3012390R NT6D66AA CRD CALL PROC CP NT6D66AA Nortel 3013197R NT6D80AB MSDL NT6D80AB Nortel 3011525R NT6GOOAE35 CNSL ATND M2250 NT613OOAE35 Nortel 3090390R NT6PO4AA CRD VP4 NT6PO4AA Nortel 3090393R NT6P05AA UNIT EC TAPE DRV NT6P05AA Nortel 3090391 R NT6P08AA CRD VP8 NT6P08AA Nortel 3090392R NT6P42AA CRD UTILITY W/O MODEM NT6P42AA Nortel 3090623R MM MOD EC 2 OG HARD DSK DRV NT6P44BA Nortel 3013455R NT6P97AA MMP40, MODULAR EC NT6P97AA Nortel 3011577R NT8D01AD CRD 2 MD S/3012727R NT78D0IAD Norte[ 3016031 N CARD IPE CONTROLLER NT7DO7BA Nortel 3011537R NT7D14AA PWR DUP S/3012843R NT7D14AA Nortel 3012780R NT7D67CB UNIT PWR DIST DC NT7D67CB Nortel 3013555N REMOTE CARRIER INTERFACE CAR NT7R52AD Nortel 305005IR M7310 BLK FEAT SET NT8B20AB03 Nortel 3050042R M7310 FEAT GRY SET NT8B20AB93 Nortel 3050041 R M7310 FEAT ASH SET S/3050184R NT81320AE35 Nortel 3050184R M7310 FEAT ASH SET S/3050041 R NT81320AE35 Nortel 3050043R M7208 SQUARE ASH SET NT81330AA Nortel 3050044R SET M7208 SQUARE GRY NT81330AA Nortel 3050052R SET M7208 SQUARE BLK NT8B30AB03 Nortel 3050188R M7324 GRY EXPND SET NT81340AA93 Nortel 3050053R M7324 BLK XPND SET NT8B40AB03 Nortel 3050118R M7324 ASH EXTND SET NT81340AB35 Nortel 3050074R MOD KEY LAMP ASH NT81341FA35 Nortel 3015983N SET T7406 CORDLS W/HNDSET TR NT8B45AAAB EXHIBIT C-4 ' r QWEST PART VENDOR PART Vendor NUMBER PART DESCRIPTION-SEATTLE NUMBER Nortel 3050057N PWRSUP STN AUX NT8B60CA Nortel 3050596R FASTRAD2 NT8B80AAAB Nortel 3050055R BLF ASH NT81391 CA35 Nortel 3012727R Controler 4 NT8D01 BC Nortel 3011579R NT8D02AB LCRD DIG S/3013087R NT81302AB Nortel 3013087R NT8D02EA LCRD DIG NT8D02EA Nortel 3013087R Di ital Line Card NT8D02EA Nortel 3011581 R Analog Line Card NT8D03AB Nortel 3011583R NT8D04AA SPRLOOP S/3012726R NT81304AA Nortel 3012726R SuperLoop NT8D04AB Nortel 3012726R NT8D04BA CRD SUPERLOOP NTWK NT8D04BA Nortel 3013111R Power Supply NT8D06AB Nortel 3012221 R Analog Message Waiting Line Card NTBD09AK Nortel 3015155R NT8D09BA ANLG MW W/56K MODEM NT8D09BA Nortel 3012226R NT8D14AJ MD 2/3012494R NT8D14AJ Nortel 3090682R NT8D41BA SDI PADDLE BRD NT8D14BA Nortel 3013232R NT81)14BB TCRD UNIV NT8D14BB Nortel 3013232R Universal Trunk Card NTBD14BB Nortel 3012435R E&M Trunk Card NT8D15AK Nortel 3012256R NT8D16AB CRD DIG RCVR NTBD16AB Nortel 3012256R Di stone Receiver DTR Card NTBD16AB Nortel 3012493R NT8D17FA CRD CONF/TDS NT8D17FA Nortel 3012493R Conference/TDS NT8D17FA Nortel 3011597R NT8D19AA CRD SGNL MEM/PE NT8D19AA Nortel 3011598R Ring Gen NTBD2IAA/AB Nortel 3011600R NT8D22AC MNTR SYS NT8D22AC Nortel 3011600R A System monitor NT8D22AC Nortel 3011604R NT8D29AB PWRSUP AC CE NT81)29AS Nortel 3011604R Power Supply NT8D29AB Nortel 3011662R NT81368AA UNIT FLOP DISK NT8D68AA Nortel 3011663R MDU NT8D69AA Nortel 3012138R NT91)08AA UNIT DSS-9000 NT9D08AA Nortel 3013627R Call processor 68040 96MB NT9D19HA' Nortel 3013159R NT9D34AA CRD I/F ENH MASS ST NT91)34AA Nortel 3130049N NTAB1210 PWRSUP MOD ICS 110V NTAB1210 Nortel 3014896N MIRAN NTAG36AB Nortel 3011774R NTAK01AA MD S/3012795R NTAK01AA Nortel 3012844R NTAK02AB MD S/3013405R NTAK02AB Nortel 3011776R NTAK03AA MD S/3012232R NTAK03AA Nortel 3011777R NTAK04AA PWRSUP MD S/3013294R NTAK04AA Nortel 3011777R Power Supply NTAK04AA Nortel 3012629R NTAK05AA MD S/3014844R NTAK05AA Nortel 3012629R Power Supply NTAK05AA Nortel 3012238R DTI/PRI NTAK09AA Nortel 3013166R I NTAK09BA DTI/PRI MD/3015179R NTAK09BA EXHIBIT C-5 i QWEST PART VENDOR PART Vendor NUMBER PART DESCRIPTION-SEATTLE NUMBER Norte[ 3090159R NTAK13AA BRD PWR NTAK13AA Nortel 3090341 R NTAK14BA PACK 68K PROC NTAK14BA Nortel 3090298R NTAK15AA MD S/3013055R NTAK15AA Nortel 3012667R Clock Controler NTAK20AB Nortel 3013056R NTAK20AC/D CLK CNTRLR NTAK20AC Nortel 3013985R NTAK93AB CRD DCHI/DP DNS NTAK93AB Nortel 3012235R CRD DCHI/DP DNS NTAK93AB Nortel 3050204R CRTRG EXP MOD ICS FIBER 6-PRT NTBBO6GA Nortel 3050206R MOD FIBER TRUNK NTBB20FB Nortel 3050424R NTBB51CA93 ANALOG STA MOD NTBB51CA93 Nortel 3014462R NTBK45AC SYSTEM CORE PACK NTBK45AC Nortel 3013331 R NTBK47AB DAUGHTERBRD XPNSN NTBK47AB Nortel 3013669R DOWNLOAD FOR DCHI DDP OPT 11 NTBK51AA Nortel 3013669R A D-channel daughter board NTBK51AA Nortel 3013669R DDCHI NTBK51AA Nortel 3013670R DOWNLOAD OPT 11 ONLY DCHI NTBK51 BA Nortel 3014096R NTDK20AB SYS CORE 2 FIBER PT NTDK20AB Nortel 3014096R SSC NTDK20AB Nortel 3014098R Fibre expansion, 1 port NTDK22AA Nortel 3015512R NTDK23BA CRD FIBER RECVR 30' NTDK23BA Nortel 3015012R NTDK74AB OPT 4.5GB DSK DRV NTDK74AB Nortel 3015488N Fibre reciever NTDK80BA Nortel 3015176N OPT I IC BLANK SFTW BOARD NTDK81AA Nortel 3015169R Fibre expansion,2 port NTDK84AA Nortel 3015246N C3060 PORTABLE ONLY& DOC NTHHI0GA Nortel 3080095N HANDSET CHAR MD S/3050953N NTMN17AA70 Nortel 3015068R NTMN32BA70 M3902 DESKTOP CHA NTMN32BA70 Nortel 3015070R NTMN33BA70 M3903 DESKTOP CHA NTMN33BA70 Nortel 3015073N TERM M3904 DESKTOP PLATINUM NTMN34BA66 Nortel 3015072R NTMN34BA70 M3904 DESKTOP CHAR NTMN34BA70 Nortel 3012332R NTND02BA CRD SDI/PE SGNL BAT NTND02BA Nortel 3080002N HNDSET LGCY M/D QOH S/3013132N NT0009EA03 Nortel 3080090N HNDSET LEG ASH NTOCO9EA35 Nortel 3015336R NTRB21AA T-1 MULTI DIG I/F NTRB21AA Nortel 3015336N TMDI NTRB21AA Nortel 3015191 R FIB JUNC I/F CD MS S/3015736N NTRB33AA Nortel 3015736R FIJI NTRB33AB Nortel 3016034N CBL CP PII ETHER-ETHER 8.5' NTRC17AA Nortel 3015327R Memory Daughter board NTTK13AA Nortel 3010017R NTZKO6AA03 2006BAS S/3013135R NTZKO6AA03 Nortel 3010018R NTZK06AA35 2006BAS S/3013136R NTZK06AA35 ' Nortel 3010019R NTZKO6AA93 2006BAS S/3013137R NTZKO6AA93 Nortel 3012664R M200893DSP S/3013146R NTZK08CA93 Nortel 3010035R NTZK16AA03 M261603 PERF+BAS NTZK16AA03 Nortel I 3010036R j NTZK16AA35 M261635 PERF+BAS NTZK16AA35 EXHIBIT C-6 t QWEST PART VENDOR PART Vendor NUMBER PART DESCRIPTION-SEATTLE NUMBER Nortel 3010037R NTZK16AA93 M261693 PERF+ BAS NTZK16AA93 Nortel 3010039R M261635DSP S/3013770R NTZK16BH35 Norte] 3013769R NTZK16GH03 M2616 S/3080088R NTZK16GH03 Nortel 3012699R NTZK22CA03 M2216 SEE 3014698R NTZK22CA03 Nortel 301270OR NTZK22CA35 SET M2216 ACD-1 A NTZK22CA35 Norte] 301270IR NTZK22CA93 M2216 GRY NTZK22CA93 Nortel 3012702R NTZK22CC03 M2216 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250044MBA20F ITT ASH LINK EXHIBIT C-8 Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: HOMELAND SECURITY SUPPLEMENTAL GRANT FOR MULTI- DISCIPLINE PLANNING AND EXERCISE COORDINATOR— AUTHORIZE 2. SUMMARY STATEMENT: Accept grant from State Homeland Security Office of Domestic Preparedness, authorize entering into a contract for services for Multi- discipline Planning & Exercise Coordinator with said grant monies, and authorize the Mayor to sign the contract. The Department of Homeland Security Office of Domestic Preparedness awarded Washington's Region 6 Homeland Security Council $5,313,431 supplemental money for the Federal Fiscal Year 2003. $1,708,985 is passed through as sub-grant awards to agencies for terrorism related activities. The monies are to be used for reimbursement, as identified in the Grant Application Proposal to fuse planning, resources, intelligence, and training needs in South King County Zone 3, to increase response/interoperability capabilities among disciplines, to minimize damages and quicken recovery from a terrorism related on all hazards disaster incidents. 3. EXHIBITS: Grant Application proposal submitted 4. RECOMMENDED BY: Public Safety Committee 6/17/04 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes No X If no: Reimbursable Grant Not to Exceed Unbudgeted Expense: Fund V00026.64190.2151 Amount $137,656.00 Unbudgeted Revenue: Fund V00026.53319 Amount $137,656.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I FIRE DEPARTMENT Jim Schneider, Fire Chief • Phone.253-856-4300 KEN TT Fax. 253-856-6300 W A S 11 1 N O T O N Address. 24611 116u'Ave SE Kent,WA 98030-4939 June 17,2004 TO: Public Safety Committee FROM: Jim Schneider,Fire Chief SUBJECT: Homeland Security FFY'03 Supplemental Grant r� Enter into a Contract for Services for a Multi-discipline Planning& Exercise Coordinator Authorizing the Mayor to sign contract to receive grant funds. MOTION: I move to recommend that Council accept the grant from State Homeland Security Office of Domestic Preparedness and authorize the Kent Fire Department to enter into a contract for services for a Multi-discipline Planning& Exercise Coordinator as outlined in the grant application estimates and placing this item on the Consent Calendar of the July 6,2004 Council Meeting, and to establish budget documents as required and authorizing the Mayor to sign the contract. SUMMARY: Our Emergency Management Division received a reimbursable grant not to exceed $137,656 from the King County Office of Emergency Management. The Department of Homeland Security Office of Domestic Preparedness awarded Washington's Region 6 Homeland Security Council $5,313,431 supplemental money for the Federal Fiscal Year 2003. $1,708,985 is passed through as sub-grant awards to agencies for terrorism related activities. The monies are to be used for reimbursement as identified in the Grant Application Proposal to fuse planning, resources,intelligence,and training needs in South King County Zone 3 to increase response/interoperab►lity capabilities among disciplines, to minimize damages and quicken recovery from a terrorism related and all hazards disaster incidents. EXHIBIT: Grant Application Proposal submitted BUDGET IMPACT: $137,656—Grant Revenues/Expenditures Kent Council Public Safety Committee Homeland Security Grant June17,2004 i FFY03S-SHSP-009 ' King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT 1 THIS AGREEMENT is made and entered into by and between King County and the City of Kent, hereinafter"Subgrantee", for the express purposes set forth in the following provisions of this Agreement. It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security through the Washington State Military Department, Emergency Management Division. The funding source of the grant is the FFY03 Supplemental State Homeland Security Grant Program, Catalog of Federal Domestic Assistance (CFDA) #97.004, State Contract#E04-033. NOW THEREFORE, King County and the Subgrantee mutually agree as follows: 1. SCOPE OF WORK AND BUDGET The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibit A) and Budget (Exhibit B). 2. PERIOD OF PERFORMANCE Subject to other Agreement provisions, the period of performance under this Agreement will be from April 15, 2004 to March 1, 2005. All work must be satisfactorily completed, and all invoices, reports, and deliverables must be submitted, by the and of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Kathryn Howard, Homeland Security Programs Manager, King County Office of Emergency Management. The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee. The Subgrantee's representative to this Agreement shall be Pat Pawlak, Zone 3 Team Leader, who will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to King County or the Subgrantee at the addresses provided on the next page: FFY03S-SHSP-009 If to King County: Kathryn Howard King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056 206-296-3830 Kathryn.howard@metrokc.gov If to the Subgrantee: Pat Pawlak(Zone 3 Team Lead) City of Kent 24611 116`"Avenue SE Kent, WA 98030 253-856-4405 ppawlak@ci.kent.wa.us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a fixed price, reimbursement contract. Total compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement shall not exceed $137,656.00 (one hundred 97iriy seven thousand six hundred filly sir dollars and zero cents). Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work, which will cause the maximum payment to be exceeded. Compensation for satisfactory work performance shall be payable upon receipt of a properly completed Invoice and Progress Report Form, which will be provided to the Subgrantee subsequent to execution of this Agreement. Invoices for costs incurred to date may be submitted monthly or quarterly. Supporting documentation is required for reimbursement of all expenses related to the Scope of Work and Budget in Exhibits A and B. Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc. The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance. Payment shall be considered timely if mailed by King County to the Subgrantee within thirty(30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Subgrantee on the invoice form. King County may, at its sole discretion, withhold payments claimed by the Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement. King County shall provide Subgrantee the opportunity to cure any unsatisfactory performance if timely requested by the Subgrantee. King County does not incur liability for any payment to the Subgrantee that is subsequently , disallowed by State or Federal granting agencies. King County reserves the right to withhold or recoup payment, for work or activities determined by funding agencies to be ineligible for reimbursement. - FFY03S-SHSP-009 5. REPORTING REQUIREMENTS Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied by a narrative progress report. Reports must include the Subgrantee's progress in implementing the scope of work, including any problems encountered and possible cost overruns or underruns. Narrative progress reports may be filled out on the Invoice and Progress Report Form or as a separate attachment to the invoice form. 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County and/or by State or Federal officials as so authorized by law. 7. SINGLE AUDIT ACT REQUIREMENTS Non-federal entities receiving financial assistance of$500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U.S. Office of Management and Budget (OMB) (Revised June 27, 2003) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations. Non- federal entities that spend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book)developed by the Comptroller General and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an audit, if required. The Subgrantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontractors also maintain auditable records. The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings. In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee's fiscal year(s). r 3 FFY03S-SHSP-009 S. COMPLIANCE WITH APPLICABLE LAWS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The Subgrantee assures that its procedures are consistent with laws relating to public contracting and competitive selection procedures. The SUBGRANTEE shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A-133, Audits of States, Local Governments, and Non-Profit Organizations. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12.18. The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964 9. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Up to ten percent (10%) of the total award amount may be shifted between approved budget object codes as contained in Exhibit B. For amounts over ten percent (10%), the SUBGRANTEE must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the Scope of Work and fails within the grant requirements. 10. TERMINATION This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty- (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance, misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation. 4 FFY03S-SHSP-009 If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of termination. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, this contract will terminate at the close of the current appropriation year. 11. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this Agreement. The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. In the event the County incurs attorney fees and/or costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 12. INSURANCE Subgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. 13. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency. 5 FFY03S-SHSP-009 14. ENTIRE CONTRACTMAIVER OF DEFAULT This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by King County, which shall be attached to the original Agreement. 15. SEVERABIL" If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. 16. APPROVAL This Agreement shall be subject to the written approval of the King County's authorized representative and shall not be binding until so approved. 6 FFY03S-SHSP-009 r THIS AGREEMENT, consisting of 7 pages and 2 attachments, is executed by the persons signing below who warrant and represent that they have the authority to execute the Agreement. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: CITY OF KENT KING COUNTY r BY Name& Title County Administrative Officer Date Date t ! t t ! 1 FFY03S-SHSP-009 EXHIBIT A: SCOPE OF WORK, PROJECT TIMELINE, AND DELIVERABLES Scope, Timeline and Budget Subgrant Agent: City of Kent representing Zone 3 Emergency Management Directors Grant Amount: $137,656 Point of Contact,Title&Contact Information: Pat Pawlak 2461111611,Ave SE Kent,Wa.98030 ppawlak@ci.kent.wa.us Zone 3 Team Lead 253 856.4405 Anticipated Audience or Participants: a550,000 Citizens _P_roposed Location: Multi-jurisdictional- Zone 3 Region Dates/Time Period: By February 28,2005 Grant Category: _X Planning _X_Training _Equipment _X_Exercise and Type: `Seminar _Workshop _Drill _X_Tabletop _Game _Functional _Full Scale Project Title: ZONE 3 Regional terrorism/disaster multi-discipline planning&exercise coordinator(MPEC) Anticipated matching or cooperative funding sources: Team Lead 10%time $8,000 Statement of Work: Zone 3 is home to over 550,000 people,approximately one third of the entire population of King County and is governed through 16 different municipalities and multiple special purpose districts The Green River Valley is the second largest warehouse and distribution center on the west coast housing goods for the region,the state,and the nation Zone 3 houses several major road and rail transportation corridors, international airport, critical utility infrastructure, historical and cultural centers,and multiple health care facilities.Zone 3 also houses a large amount of hazardous chemical storage and transportation facilities. Zone 3 will employ a term limit Terronsm/Disaster Multi-Discipline Planning & Exercise Coordinator (MPEC) to facilitate the collaborative needs of the Zone 3 regional partners to fuse planning, resources, intelligence, and training needs. To increase response capabilities interoperability among disciplines, and subsequently mmunize damages and quicken recovery from a terrorism related and all hazards disaster incident. The Zone 3 MPEC will work to develop resources and response plans and procedures that will• • Identify and form partnerships with discipline leaders in promoting a disciplined based response environment to meet the needs of King County citizens • Contribute to improving interoperabihty between discipline leaders, groups, and inter zonal and regional partners utilizing existing communications and assisting with future communication assessments • Develop and exercise plans that sets standards and priorities for the notification, identification, and response of resources that supports the unified command structure of the Regional Disaster Plan providing a regional benefit to Zone 1,3,5,&outward to neighboring counties and the state. The goal is to target homeland security principles,priorities,and themes by minimizing the effects of a terrorist attack and improve emergency preparedness, response and recovery for Zone 3, King County and Washington State. Specifically addressing objectives 1.1, 1.5, 2.1, 2.3, 2.4, 3 1, 5.1, 5.2, 5.3, 5.5, 5.8, 6.1, 6 2, 6.3, 7 1 and 7.2 as found in the State Homeland Security Strategic Plan. 8 FFY03S-SHSP-009 The Zone 3 MPEC will enjoin preparedness, response, recovery, and safety activities in Zone 3 Enhancing the stewardship and resource capacity for the region and the state by achieving a standardized mechanism to unite functional disciplines and scarce resources together under the Regional Disaster Plan and synchronize with the Statewide Homeland Secunty Strategic Plan in response to incidents of terrorism and naturaVtechnological hazards. To assist in preventing attacks through a discipline based network by sharing best practices, intelligence and warning I information through partnerships and a relational environment. To provide terrorism education and training to plan participants and prioritize training groups for future NIMSIUC training The Zone 3 MPEC will develop, plan, and tram towards a Zone 3 exercise to test the plans and procedures established Will work with the Regional Disaster Planning Task Force on applicable regional training and exercise proposals. The MPEC will also identify and prioritize future initiatives or projects necessary to achieve local,regional,and state strategic target goals. f t i t 1 9 1 FFY03S-SHSP-009 Project Timelines: Deliverables NLT MAY-JUNE Project team to advertise,interview&employ TLTE(MPEC) 2004 Meet with project team lead and the Zone 3 Emergency Management Directors. MPEC to profile Zone 3 jurisdictions and regional partners. JULY 20M Provide a Zone 3 profile,demographics,geographical examples, and maps. JULY 2004 Research Zonal communication capacities Poll Zone 3 agencies and compile a communications directory for targeted discipline groups To include command and control, workgroup(field ops)and other communication needs. (Coordinate to provide State&regional inventory collectors the gained information to assist in establishing a statewide homeland security communication plan.) => List Zone 3 communication capabilities. JULY—AUG 2004 Identify and meet with target discipline points of contact to pre-identify discipline resources and their mobilization capabilities Pre identify and draft a major resource lists Identify immediate and delayed resources Pre-identify discipline based terrorism related resource needs SEPT-OCT Work with Zone 3 disciplines to establish resource deployment guidelines from home 2004 agencies to the site of need,emphasizing personal safety and accountability => Establish a formal request procedure for local resources Develop documentation for resource tracking and accountability for deployment and requests. Establish assembly areas and other logistical information Establish command and control communications systems and establish guidelines for mteroperable field communications Develop a communications plan across multiple disciplines using 800 MHz,VHF,and amateur radios. Identify a numbering system for resources. Establish triggers for Zone 3 Discipline Coordinators(DC's)to respond to Regional Emergency Coordination Center Identify training levels and needs NOV—DEC Facilitate 8 AWR 1018 hour Response to Terrorism Basic 2004 Concepts training classes. j Develop tabletop exercise DEC Write and send out Draft Zone 3 response plans for review 2004 JAN 2005 Review draft comments =:, Update plan => Send to printer and distribute plans. 10 FFY03S-SHSP-009 ' MPEC to moderate a Zone 3 tabletop exercise. FEB 2005 Conduct a Zone 3 tabletop terrorism exercise focusing on target disciplines ability to effectively handle resource requests. 1 i I 1 i 1 t 1 Il 1 FFY03S-SHSP-009 This is a reimbursement grant Exhibit B PASS THROUGH BUDGET Agency:City of Kent Category: PLANNING Item Description Cost Salaries&Benefits(Not For Payment Of Overtime): $0 Facility Rental $0 Equipment Rental $0 Travel And Per Diem $0 Goods And Services $0 Supplies And Materials $ 0 Mail And Postage $0 Printing And Reproduction $0 Consultant/Contractor Fees $ 101.494 60 Other Costs(Please Specify.) $0 Total Planning Category Not to Exceed Reimbursement Cost Request $ 101,494.60 • 100/9 of total award amount may be shifted between approved budget object codes. • Final signed invoice voucher to be submitted with final performance report&deliverables—Invoices not to exceed total amount of contract award. 12 FFY03S-SHSP-009 ' This is a reimbursement grant Exhibit B PASS THROUGH BUDGET Agency Submitting: City of Kent Category: TRAINING Item Description Cost Overtime $4,000 AWR 100 Instructor F112 8(8)hour classes Target audience O.T. to meet ODP guidelines pg.9 item 2. $14,400 Audience 6 classes during workweek 2 classes on OT Facility Rental Room rentals for: $2,000 Training sessions Goods And Services $500 Refreshments,snacks Consultant/Contractor Fees $0 Other Costs(Please Specify) — $0 Equipment Costs(see attached listing of equipment and estimated amounts) $0 Total Training Category Not to Exceed Reimbursement Cost Request $20,900 • 10%of total award amount may be shifted between approved budget object codes • Final signed invoice voucher to be submitted with final performance report&deliverables—Invoices not to exceed total amount of contract award. 13 FFY03S-SHSP-009 This is a reimbursement grant PASS THROUGH BUDGET Agency Submitting: City of Kent Category: EXERCISE Item Description Cost Salaries&Benefits(Not For Payment Of Overtime): $0 Range 44 Facility Rental $0 Goods And Services $0 Refreshments, snacks Mail And Postage $0 Consultant/Contractor Fees _ 15,261.40 Other Costs(Please Specify.) $0 Equipment Costs see attached listing of equipment and estimated amounts $0 Total Exercise Category Not to Exceed Reimbursement Cost Request $ 15,261.40 • 10%of total award amount may be shifted between approved budget object codes • Final signed invoice voucher to be subnutted with final performance report&deliverables—Invoices not to exceed total amount of contract award 14 Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: HOMELAND SECURITY SUPPLEMENTAL GRANT FOR INTEROPERABLE RADIO EQUIPMENT—AUTHORIZE 2. SUMMARY STATEMENT: Accept grant from State Homeland Security Office of Domestic Preparedness, authorize entering into a contact for purchase of interoperable radio equipment with said grant monies, and authorize the Mayor to sign the contract. The Department of Homeland Security Office of Domestic Preparedness awarded Washington's Region 6 Homeland Security Council $5,313,431 supplemental money for the Federal Fiscal Year 2003. $1,708,985 is passed through as sub-grant awards to agencies for terrorism related activities. The monies are to be used for reimbursement, as identified in the Grant Application Proposal to purchase interoperable radio equipment. This will improve public safety and assist in discipline based multi jurisdictional and regional resource requests during a terrorist event. 3. EXHIBITS: Grant Application Proposal submitted 4. RECOMMENDED BY: Public Safety Committee 6/17/04 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes No X If no: Reimbursable Grant Not to exceed Unbudgeted Expense: Fund V00028.6350.2300 Amount $166,022.29 Unbudgeted Revenue: Fund V00028.53319 Amount $166,022.29 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J FIRE DEPARTMENT Jim Schneider,Fire Chief Phone.253-856-4300 K E N T Fax 253-856�300 W ASMIN6TON Address- 24611 11e Ave SE Kent,WA.98030-4939 June 17,2004 TO: Public Safety Committee FROM: Jim Schneider,Fire Chief SUBJECT: Homeland Security FFY'03 Supplemental Grant Enter into a Contract for the purchase of interoperable radio equipment Authorizing the Mayor to sign contract to receive grant funds. MOTION: I move to recommend that Council accept the grant from State Homeland Security Office of Domestic Preparedness and authorize the Kent Fire Department to enter into a contract for purchase of interoperable radio equipment as outlined in the grant application estimates and placing this item on the Consent Calendar of the July 6, 2004 Council Meeting, and to establish budget documents as required and authorizing the Mayor to sign the contract. ' SUMMARY: Our Emergency Management Division received a reimbursable grant not to exceed$166,002.29 from the King County Office of Emergency Management. tThe Department of Homeland Security Office of Domestic Preparedness awarded Washington's Region 6 Homeland Security Council $5,313,431 supplemental money for the Federal Fiscal Year 2003. $1,708,985 is passed through as sub-grant awards to agencies for terrorism related activities. The monies are to be used for reimbursement,as identified in the Grant Application Proposal to purchase interoperable radio equipment. This will improve public safety and assist in discipline based multi jurisdictional and regional resource requests during a terrorist event. EXHIBIT: Grant Application Proposal submitted BUDGET IMPACT: $166,002.29—Grant Revenues/Expenditures Kent Council Public Safety Committee Homeland Security Grant June 17,2004 FFY03S-SHSP-008 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT THIS AGREEMENT is made and entered into by and between King County and the City Kent, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement. It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security through the Washington State Military Department, Emergency Management Division. The funding source of the grant is the FFY03 Supplemental State Homeland Security Grant Program, Catalog of Federal Domestic Assistance (CFDA) #97.004, State Contract#E04-033. NOW THEREFORE, King County and the Subgrantee mutually agree as follows: 1. SCOPE OF WORK AND BUDGET The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibit A) and Budget(Exhibit B). 2. PERIOD OF PERFORMANCE Subject to other Agreement provisions, the period of performance under this Agreement will be from May 17, 2004 to March 1, 2005. All work must be satisfactorily completed, and all invoices, reports, and deliverables must be submitted, by the end of this Period 1 of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Kathryn Howard, Homeland L Security Programs Manager, King County Office of Emergency Management. The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee. t 1 1 FFY03S-SHSP-008 The Subgrantee's representative to this Agreement shall be Kimberly Resor, Program Coordinator, who will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to King County or the Subgrantee at the addresses provided. If to King County: Kathryn Howard King County Office of Emergency Management 3511 NE 2"d Street Renton, WA 98056 206-296-3830 Kathryn.howard@metrokc.gov r If to the Subgrantee: Kimberly Resor, Program Coordinator City of Kent 24611 116d'Avenue SE Kent, WA 98030 253-856-4343 kresor@ci.kent.wa.us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a fixed price, reimbursement contract. Total compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement shall not exceed $166,022.29 (One hundred sixty six thousand twenty two dollars and twenty nine cents). Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work, which will cause the maximum payment to be exceeded. Compensation for satisfactory work performance shall be payable upon receipt of a properly completed Invoice and Progress Report Form, which will be provided to the Subgrantee subsequent to execution of this Agreement. Invoices for costs incurred to date may be submitted monthly or quarterly_ Supporting documentation is required for reimbursement of all expenses related to the Scope of Work and Budget in Exhibits A and B. Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc. The documentation must 2 r r FFY03S-SHSP-008 also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance. Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Subgrantee on the invoice form. King County may, at its sole discretion, withhold payments claimed by the Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement. King County shall provide Subgrantee the opportunity to cure any unsatisfactory performance if timely requested by the Subgrantee. King County does not incur liability for any payment to the Subgrantee that is subsequently disallowed by State or Federal granting agencies. King County reserves the right to withhold or recoup payment, for work or activities determined by funding agencies to be ineligible for reimbursement. 1 5. REPORTING REQUIREMENTS Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied by a narrative progress report. Reports must include the Subgrantee's progress in implementing the scope of work, including any problems encountered and possible cost overruns or underruns. Narrative progress reports may be filled out on the Invoice and Progress Report Form or as a separate attachment to the invoice form. 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a penod of six (6) years after subgrant closeout, and shall be subject to inspection, review or audit by King County and/or by State or Federal officials as so authonzed by law. 7. SINGLE AUDIT ACT REQUIREMENTS tNon-federal entities receiving financial assistance of$500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U.S. Office of Management and Budget (OMB) (Revised June 27, 2003) Circular A-133-Audits of States, Local Governments, and Non- Profit Organizations. Non-federal entities that spend less than $500,000 a year in 3 FFY03S-SHSP-008 Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an audit, if required. The Subgrantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontractors also maintain auditable records. The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings. In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee's fiscal year(s). 8. COMPLIANCE WITH APPLICABLE LAWS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The Subgrantee assures that its procedures are consistent with laws relating to public contracting and competitive selection procedures. The SUBGRANTEE shall comply with OMB Circular A-87, Cost Principles for State, ' Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A-133, Audits of States, Local Governments, and Non-Profit Organizations. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12 16. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12.18. The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive 4 FFY03SSHSP-008 orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VI of the Civil Rights Act of 1964. 9. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Up to ten percent (10%)of the total award amount may be shifted between approved budget object codes as contained in Exhibit B. For amounts over ten percent (10%), the SUBGRANTEE must submit a L written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the Scope of Work and falls within the grant requirements. 10. TERMINATION This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30)-calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty- (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance, misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation. If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of termination. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, this contract will terminate at the close of the current appropriation year. 11. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its ' subcontractors pursuant to this Agreement. The Subgrantee shall defend at its own 5 FFY03S-SHSP-008 expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. In the event the County incurs attorney fees and/or costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 12. INSURANCE Subgrantee shall provide and maintain and shall cause its subcontractors to provide and , maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. 13. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency. 14. ENTIRE CONTRACTNVAIVER OF DEFAULT ' This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such , through written approval by King County, which shall be attached to the original Agreement. 6 1 rKent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: SCHICK SHADEL HOSPITAL CONSULTANT SERVICES AGREEMENT-AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Mayor to sign a contract with Schick Shadel Hospital for a one year pilot project to provide substance abuse relapse prevention treatment for offenders at the City of Kent Correctional Facility. The amount of the agreement for this time period will not exceed $24,000.00. ' 3. EXHIBITS: Consultant Services Agreement, Exhibit A— Scope of Work; and Exhibit B—Insurance Requirements r4. RECOMMENDED BY: Public Safety Committee 6/17/04 & Ci1y Attorney (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: 1 Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K POLICE DEPARTMENT Ed Crawford,Chief of Police KENT P Fax sw. �856-5888 8s56.68802 ww+w,+see+ Address: 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: June 17,2004 TO: Public Safety Committee FROM: Ed Crawford,Chief of Police SUBJECT: Request authorization to contract with Schick Shadel Hospital to provide services to the City of Kent Corrections Facility. MOTION: I recommend the Council authorize the Mayor to sign the Consultant Services Agreement between the City of Kent and Schick Shadel Hospital and placing this on the Consent Calendar for the July 6,2004 Council Meeting. SUMMARY: The City of Kent's Corrections Facility(CKCF)will contract with Schick Shade] 1 Hospital for a one year pilot project to provide substance abuse relapse prevention treatment for offenders at the CKCF. EXHIBITS: Consultant Services Agreement between the City of Kent and Schick Shadel Hospital Exhibit A—Scope of Work Exhibit B—Insurance Requirements BUDGET IMPACT: None. Using existing budget fiuids. BACKGROUND: These services were previously contracted with a different provider. Public Safety Committec Subject:Schick Shade]agreement Date:June 17,2004 r KENT r W^ZMIMOTOw CONSULTANT SERVICES AGREEMENT between the City of Kent and Schick Shadel Hospital THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Schick Shadel Hospital organized under the laws of the State of Washington, located and doing business at 12101 Ambaum Blvd SW,Seattle,WA 98146(hereinafter the"Consultant"). L DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described r plans and/or specifications: Provide Substance Abuse Relapse Prevention Treatment for offenders at the City of Kent Corrections Facility (CKCF). Aftercare will be offered to offenders on home detention, assigned to alternative programs such as work release and after they are released from Jail to provide ongoing counseling and support. The scope of work is outlined in Exhibit A. r Consultant further represents that the services furnished under this Agreement will be performed in r accordance with generally accepted professional practices in effect at the time those services are performed. EL 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 one year of the signing of this contract. . 111. COMPENSATION. A. The City shall pay the Consultant,based on time and materials,an amount not to exceed twenty four thousand dollars ($24,000) 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 CONSULTANT SERVICES AGREEMENT- i «srn nooi 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. W. 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. VL DISCRIMINATION. 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. VEL INDEMNIFICATION. 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 to 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 CONSULTANTS 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 (Owr$10.000) 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 cty'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 liability 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. XIL 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. XHL MISCELLANEOUS PROVISIONS. A. Recvelable 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. 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 covenants,agreements or options,and the same shall be and remain in full force and effect. C. Resolution of D-mutes and Governine 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; rovi however,nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. r CONSULTANT SERVICES AGREEhffi'NT-3 romer$ro.rmni 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. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (Swfah") (srV01MT) Print Name: Print Name: Jim White Its Its Mayor Owe) (nde) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Dick Andrews,Psy.D,CDP Debra LeRoy Schick Shadel Hospital City of Kent 12101 Ambaum Blvd SW 220 Fourth Avenue South Seattle, WA 98146 Kent,WA 98032 206-244-8100(telephone) (253)856-5856(telephone) 206-431-9142 facsimile (253)856-6802(facsimile) CONSULTANT SERVICES AGREEMENT-4 tflier$10.000) r APPROVED AS TO FORM: Kent City Attomey [►n Ns twK yoer mar aordeekw"ic Fik ffi wbae the combat hu ban Ba rd] r r r r r 1 r r r r r r r CONSULTANT SERVICES AGREEMENT-5 (overdo rxw) r DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY j The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all r 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. rThe 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 new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the timc 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 day of ,200_. By: ' For. Title: Date: EEO COMPLIANCE DOCUMENTS-1 r CITY OF KENT ' ADMINISTRATIVE POLICY r NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 1 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. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the 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. r . r 1 r EEO COMPLIANCE DOCUMENTS-2 r r r r CITY OF LENT r EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. r I,the undersigned,a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , rbetween the firm I represent and the City of Kent. rI declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent ' Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. rDated this day of ,200_ r By: r For. Title: Date: r r r r rEEO COMPLIANCE DOCUD+ ?M-3 r EXHIBIT B 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. Commercial General Liabil 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 wont performed for the City using ISO additional insured endorsement CG 20 10 1195 or a substitute endorsement providing equivalent coverage. ' B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: L Commercial General Liability insurance shalt 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. 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-insuratree,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. , i r EXHIBIT B(Continued) r 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. � rD. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. 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 furnish separate certificates and endorsements for each subcontractor. All coverages for F ' subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. r r 1 r r r r r EXHIBIT A SCOPE OF WORK A. The Consultant's responsibilities include: 1. Program Administration a. Attend Alcoholics Anonymous or Narcotics Anonymous meetings at CKCF at least weekly for the first three months to announce program availability to inmates. b. Perform intakelassessment process using American Society for Addiction Medicine(ASAM)diagnostic criteria for volunteer inmate clients. C. Identify up to eight inmate clients for each treatment group.(In the event that eight eligible inmate clients are not identified for a group, treatment may proceed with no less than three inmate clients.) Each treatment group meets for four weeks or a total of 24 hours. Treatment groups will alternate between female and male groups. However, if less than three inmates are enrolled for any one gender's group the Contractor will provide a group for the opposite gender if more than three inmates are enrolled. d. Coordinate three hour group meeting dates and times with Corrections Programs staff. e. Conduct weekly aftercare treatment groups at the CKCF not to exceed 1.5 ' hours per week providing there are a minimum of two clients for each group. These groups will alternate weekly between males and females. If there are no female inmates requiring aftercare during a week scheduled for females,a male session will be provided. f. Provide up to eight hours per month of lectures on various topics to include, but not limited to Grief/Loss/Self Esteem/Self Actualization. g. Perform a minimum of 48 hours of assessments for CKCF inmates to meet court,probation, Department of Corrections and Child Protective Services requirements. Prepare and mail letters to appropriate correctional supervision agencies documenting assessment of inmate clients. In addition, perform assessments/evaluations upon Programs supervisor and coordinators requests. EDIT A ' SCOPE OF WORK PAGE 1 OF 3 ' 20043ekkk30addMh1b"Ax r r e. Provide ail reference materials and forms for program. rf. Obtain written evaluation surveys of program from those inmate clients completing program. Provide copies of the surveys to Debra LeRoy at the Kent Police Department within one month following completion of each treatment group. r2. Records a. Vendor staff will maintain all treatment records. rb. Vendor staff will transport records to and from the treatment site, maintaining inmate client confidentiality as per Title 70 RCW and WAC 440-22-330. C. Vendor shall create and provide inmate client treatment registration form including release of information language for the program's evaluation r purposes. Kent Police Department(KPD)staff or a research intern hired by KPD shall have access to all inmate client records at the Vendor's business address for program research and evaluation purposes only. 3. Policy and Procedure Manual rVendor will maintain a policy and procedure manual for activities and services provided by Vendor staff. This manual will promote inmate client and Vendor staff rsafety as per WAC 440-22-025(2)(b). 4. End of Contract Report rThe Vendor will provide a statistical report within 30 days of completion of this contract on the treatment program in the CKCF to include, but not limited to: ra. Number of inmates treated. b. Number of inmates completing group treatment. C. Number of inmates who dropped out of group treatment. d. Number of inmates released from custody prior to completing group treatment. e. Number of inmate clients removed from group treatment due to disciplinary issues. f. Number of inmate clients with prior addiction treatment. g. Number of inmate clients referred to continuum treatment. rEIfIIIBIT A SCOPE OF WORK PAGE 2 OF 3 towscrk*sr,de.Tjbietrw.dw r h. Length of abstinence for each innate client. 5. Vendor employees Vendor will nut background checks on all employees with access to inmates or their records in order to protect their confidentiality. B. The City's responsibilities include: 1. Provide a classroom with furnishings and security for group treatment. 2. The CKCF Administrator,or designee,will meet when necessary with the Vendor staff to review the recovery program. 3. Coordinate group treatment class schedules with Vendor. EXHIBPY A ! SCOPE OF WORK PAGE 3 OF 3 2I0MMcM*dd s:hH*A.a« Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: REDUCE UNDERAGE DRINKING GRANT APPLICATION- AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Drinking Driver Task Force (DDTF) to apply for the Reduce Underage Drinking Grant for funds for police overtime, a Washington State Liquor Control Board agent and youth operative expenses for compliance checks. The Youth Board would also continue to sponsor the Youth Conference with an emphasis on underage drinking, as well as training opportunities. Staff attendance at an annual national conference would be required. Other prevention and awareness strategies would continue to address supply and demand for alcohol by underage youth in Kent. The program would run from September 2004 through June 2006. Only three grants of approximately $75,000.00 each will be granted statewide. 3. EXHIBITS: RFP#0434-151 4. RECOMMENDED BY: Public Safety Committee 6/17/04 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount$ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L POLICE DEPARTMENT Ed Crawford, Chief of Police ��• Phone:253-8565888 `/ KENT Fax 253-856-6e02 W AX NIXOTOX Address: 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 17, 2004 TO: Public Safety Committee FROM: Ed Crawford,Chief of Police SUBJECT: Request authorization to apply for Reduce Underage Drinking(RUaD) grant from DSHS/Dlviston of Alcohol and Substance Abuse. MOTION: I recommend the Council authorize the Kent Police Department to apply for the Reduce Underage Drinking grant from DSHS/Division of Alcohol and Substance Abuse and placing this on the. Consent Calendar for the July 6, 2004 Council Meeting. SUMMARY: Only three grants of approximately$75,000 each will be granted statewide The Drinking Driver Task Force(DDTF)would use the funds for police overtime,a Washington State Liquor Control Board agent and youth operative expenses for compliance checks. The Youth Board would also continue to sponsor the Youth Conference with an emphasts on underage drinking,as well as training opportumties. Staff attendance at an annual national conference would be required. Other prevention and awareness strategies would continue to address supply and demand for alcohol by underage youth in Kent. The program would run from September 2004 through June 2006. EXHIBITS: RFP#0434-151 BUDGET IMPACT: None. BACKGROUND: The Kent Police Department has received RUaD grants of similar amounts in the past. Public Safety Committee Subject Schick Shadel agreement Date:June 17,2004 i REQUEST FOR PROPOSALS #0434-151 Project Title: Reducing Underage Drinking (RuaD) Estimated Contract Period. Anytime after September 1, 2004, through June 30, 2006. Amendments extending the period of performance or increasing funding, if any, shall be at the sole discretion of DSHS. Proposal Due Date: All Proposals whether mailed or hand delivered must arrive by 5:00 p.m. Pacific Standard time on June 22, 2004. Faxed bids WILL NOT be accepted. E-mailed bids WILL NOT be accepted. Submit Proposal To: Proposal Delivered by Mail: Sheila R. Anderson, RFP Coordinator Department of Social and Health Services Administrative Services Division / Central Contract Services PO BOX 45811 Olympia, WA 98504-5811 Proposal delivered by Express / Hand Delivery, Or Courier: Sheila R. Anderson, RFP Coordinator Department of Social and Health Services Administrative Services Division / Central Contract Services 4500 10t' Avenue SE Lacey, WA 98503 RFP 80434451—Reducng underage Draing Page 1 4127104 1. PURPOSE OF REQUEST FOR PROPOSAL (RFP) The Washington State Department of Social and Health Services (DSHS), Division of Alcohol and Substance Abuse (DASA), is entering into this RFP process is to establish Reducing Underage Drinking (RUaD) programs within Washington State. DASA receives a federal award entitled Enforce the Underage Drinking Laws (EUDL)from the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP). The EUDL award specifically states that the EUDL funding goal is to "reduce the availability of alcoholic beverages to minors and to prohibit their consumption of alcoholic beverages." There is an expectation that this will be achieved, in part at least, through enhanced enforcement of underage drinking laws and increased collaboration between law enforcement agencies and prevention partners. 2. BACKGROUND Since 1998, by Congressional order, OJJDP has awarded annual grants to states to "Enforce the Underage Drinking Laws" (originally titled "Combating Underage Drinking"). Governor Gary Locke identified the DSHS, DASH, to manage these grants to systematically address the problem. The successful bidders of this proposal will loin the coordinated efforts of the Washington State Coalition to Reduce Underage Drinking. For information about these grants on a nationwide basis, see www.udetc.org. 3. PROJECT SCOPE DSHS seeks proposals to this RFP from persons and organizations qualified to provide services and implement strategies that address the problem of underage drinking. The proposal must include a local effort to reduce the availability of alcohol through the vigorous use of alcohol compliance checks. In addition, the proposal must include up to two additional strategies, which are based on research-based prevention principles and are considered "promising practices" for reducing underage drinking,which include: • Limitations on youth access to alcohol, • Expressions of community norms against underage use, • School-based and youth organization-based prevention strategies, • Enforcement of impaired driving laws for youth, and • Media amplification of zero tolerance norms toward underage drinking. Each contractor selected shall: ■ Be a member of a community-based coalition whose strategic plan includes addressing the issue of preventing underage drinking in their community. RFP#0434.151—Reducing Underage DAnkn9 Page 3 40104 Required and recommended members of the coalition are listed in Exhibit C, Step 2. ■ Ensure that the project is to affect the causes of the underage drinking problem. ■ Comply with DASA reporting requirements regarding the progress, success, and challenges of the project ■ Participate in a cross-site evaluation 4. MINIMUM QUALIFICATIONS You or your organization must be a member of a partnership with local or tribal government or agencies established by RCW, WAC, or local ordinance. The partnership must be a part of a larger community-based coalition as described in Exhibit C-Step 2. Note: The inclusion of existing or newly formed community partnerships in this endeavor is highly recommended Partnerships are also encouraged to include youth in the development and implementation of their plan. Other members of the partnership may come from service agencies, schools, civic groups, churchesifaith communities, business,and the media, etc. 5. FUNDING DSHS has budgeted a maximum of$225,000 for this project. DSHS expects to award up to $75,000 to the successful bidders Any contract awarded is contingent upon the availability of funding If increased funding is received by DSHS for the RUaD program, DSHS may choose to use that increased funding and the final results from this RFP,to enter into additional contracts for RUaD services for up to two years DSHS may also choose to extend the funding on projects selected through this RFP for additional years if needed. 6. DEFINITIONS See Exhibit A, Definitions,for the meaning of certain terms used in this RFP. i 1 RFP#0434-151—Reducing Undarage Dwlw* Page 4 4127M i i j Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: CARL PERKINS 1%GRANT APPLICATION—AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Kent Police Department to apply for $39,000 which will be used to contract with Renton Technical College to provide marketable job skills classes to inmates at the City of Kent's Corrections Facility. By providing classes in Basic Custodial, Flagger and Food Handling programs, we hope to provide offenders with skills required to find and apply for employment. Classes will run from October 1, 2004 through June 30, 2005. 3. EXHIBITS: Carl Perkins 1% Fund RFP, Attachment A-1 and Proposal Planning Budget 4. RECOMMENDED BY: Public Safety Committee 6/17/04 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A — Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves,Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M i POLICE DEPARTMENT Ed Crawford, Chief of Police • Phone:253-856-5888 KENT Fax: 253-856-6802 W IYNIYOTOY Address 220 Fourth Avenue S Kent,WA 98032-5895 1 DATE: June 17,2004 TO: Public Safety Committee FROM: Ed Crawford,Chief of Police SUBJECT: Request authorization to apply for the Carl Perkins 1%Fund grant awarded by the Washington State Employment Security Department. MOTION: I recommend that Council authorize the Kent Police Department to apply for the Carl Perkins 1%Fund grant awarded by the Washington State Employment Security Department,and placing this on the Consent Calendar for the July 6,2004 Council Meeting. SUMMARY: The Kent Police Department's application is for$39,000 and will be used to contract with Renton Technical College to provide marketable Job skills classes to inmates at the City of Kent's Corrections Facility. By providing classes in Basic Custodial,Flagger and Food Handling programs,we hope to provide offenders with skills required to find and apply for employment. Classes will run from October 1,2004 through June 30, 2005. EXHIBITS: Carl Perkins 1%Fund RFP Attachment A-1 Proposal Planning Budget BUDGET IMPACT: None. BACKGROUND: The deadline for the application is July 9,2004. Notice of award date is August 2, 2004. Public Safety Committee Subject Carl Perkins grant Date:June 17,2004 Carl Perkins 1 % Fund Request For Proposals j 2004-2005 Due Date: July 4,2004 REQUEST FOR PROPOSAL(RFP) COORDINATOR PAGE RFP NUMBER 04-004-RFP I BIDDER CODE NUMBER: (If no number appears on this line, call the RFP Coordinator and a Bidder Code Number will be assigned to your organization.) Expected Period of Performance for Contracts: September 15,2004 through June 30,2005 Anticipated Funding: $200,000 for 4-6 individual projects Proposal Due Date: All proposals must be received by July 9,2004 at 5:00 p.m. local time in Olympia,Washington No taxed proposals will be accepted. Submit Proposal to: Via U.S.Mail: Via Fed-Ex or UPS Don Wise,RIP Coordinator Don Wise,RFP Coordinator Employment Security Department Employment Security Department Corrections Clearinghouse Corrections Clearinghouse P. O. Box 9046 3738 Pacific Avenue SE Olympia, WA 98507-9046 Olympia, WA 98501 Additional Contacts: Phone Number: (360)407-5150 Fax Number: (360)407-5218 E-mail Address: dwise(a�esd wa.Qov Web Site: httn://www wa.eov/esd/cch SUMMARY SCHEDULE OF ACTIVITIES • Issue Request for Proposal May 1,2004 • Cutoff Date for Questions May 20,2004 • Bidder's Preproposal Conference June 3,2004(in Olympia, WA) • Due Date for Proposals- July 9,2004,5:00 p.m. PDT • Announcement of Successful Bidder and Notification to Unsuccessful Bidders August 2,2004 • Carl Perkins Corrections Alliance Technical Assistance Conference August 11,2004(in Olympia, WA) • Contract Performance Begins September 15, 2004 • Contract Performance Ends June 30,2005 CONTENTS OF THE REQUEST FOR PROPOSALS Section 1. General Information Section 2 Bid Requirements Section 3 Proposal Development Section 4 Proposal Format and Application Exhibit A Certification and Assurances Attachment A-1 Service Delivery Plan(PARTS I-V) Exhibit B General Terms and A i SECTION 1 GENERAL INFORMATION The Washington Slate Employment Security Department,hereafter called"ESD'is mmanng this Request for Proposal IRFP1 to solicit proposals from individuals or organrrrnons interested in providing vocational and educational services to offenders and disabled in state institutions. No computer hardware equipment will be funded,computer software programs are allowable if they upgrade and enhance part of The proposal. jA total amount not to exceed $200,000 will be available to fund 4 to 6 projects for nine and a half months each. Late proposals will not be accepted and will be automatically disqualified from further consideration. Time extensions will not be granted. Faxed proposals will not be accepted. Send original and 3 copies of your proposal to be received by the RFP coordinator no later than 5:00 p.m. PDT on July 9,2004,as listed on page A. The ESD reserves the right at it's sole discretion to reject any or all proposals for any reason whatsoever prior to the execution of a contract,if any, with no penalty to the ESD or the State. This RFP does not obligate the ESD or the State of Washington to contract for the services specified herein. The ESD will not be liable for any costs associated with the preparation of a j proposal submitted in response to the RFP. Bidders mailing proposals should allow normal mail delivery to ensure timely receipt of their proposals. Bidders should assume the risk for the method of delivery chosen. ESD assumes no responsibility for the delays caused by any delivery service. 1.1 RFP COORDINATOR All Communications and questions should be directed to Don Wise,RFP Coordinator,Voice: (360)407-5150,e-mail: dwise@esd.wa.gov, who is the point of contact for the ESD in this procurement action. Communications and questions regarding this procurement dircctcd to parties other than the RFP Coordinator may result in disqualification of the bidder. 1.2 PURPOSE The Carl D.Perkins vocational and Technical Act of 1998,1%State Leadership Allocation funds this invitation 'The Act focuses Federal funds on rmprovmg vocational education and,m particular,on improving vocational education services for offenders wuh learning challenges and teaming bamers instate institutions There are no matching fund requirements for eligibility to receive this grant Approximately$200,000 will be available to fund 4-6 projects for nine and a half months only. Funded projects must provide client services addressing EITHER program enhancement for existing programs OR new projects providing new services. Proposals for staff positions and enuipment purchases will not be funded. t SECTION 2 BID REQUIREMENTS 2.1 PRIORITY PROJECT PROPOSALS Projects will be funded providing CLIENT SERVICES(16 years of age and above)in the following areas. Please choose only ONE of these three services to address in your project proposal: 1. Develop, improve,or expand the use of technology in vocational and technical education,training of vocational and education personnel to use state of the art technology that may include long distance learning;providing vocational and technical education with the academic,and vocational and technical skills that lead into the high technology and telecommunications field;or encouraging schools to work with advanced technology industries to offer voluntary internships and mentoring programs. 2 Support vocational and technical education programs that improve the academic,vocational and technical skills of students. Protects in this category most strengthen vocational and technical education programs through the integration of academic and technical education to ensure learning in core academic,vocational and technical subjects 3. Support partnerships among local educational agencies,institutions of higher education,adult education providers,and,other entities such as employers, labor organizations,parents,and local partnerships. Projects in this category must enable students to achieve State academic standards,and vocational and technical skills. 2.2 PERMISSIBLE USES OF FUNDS • Improvement ofcareer guidance and academic counseling programs that assist students in making informed academic, vocational and technical decisions; • Support for cooperative education; • Support for vocational and technical education programs that offer experience in, and understanding of, all aspects of an industry for which students are preparing to enter. 2.3 PREPROPOSAL CONFERENCE A pre-proposal conference is scheduled on June 3, 2004, in Olympia, WA. All questions may be submitted by mail or e-mail,to the RFP Coordinator. The ESD shall be bound only to written answers to questions. 2.4 CARL PERKINS CORRECTIONS ALLIANCE TECHNICAL ASSISTANCE CONFERENCE Successful Bidders are required to attend a one day technical assistance meeting on August H,2004,in Olympia,WA, to receive the technical instructions to perform and document their projects. t Bidder Number 107 Attachment A-1 (1) NEED More than 1,300 people are released from South King County jails every month. Our community partner is the only agency in South King County providing community reentry services to offenders. In 2002, 1,421 clients received transition services and referrals. Most offenders needed job search and vocational assistance. (2) GOALS, ACTIVITIES AND OUTCOMES The goals for this project are: • Provide marketable job skills to offenders • Provide offenders with skills required to find and apply for employment Activities supporting goals: A local technical college will provide Basic Custodial Program certificate classes, Flagger certificate classes and Food Handler card classes. We expect 15 supervised offender students for all classes offered. Classes will be offered equally to males and females. Classes will run from October 1, 2004 through June 30, 2005. Students will be eligible to apply for entry level custodian positions upon completion of the five week custodial training. Students will be ready for immediate employment upon seven hours of Flagger training. Flagger training will be offered two days per month. Students passing the Food Handler Card exam will be able to seek employment in the food service industry immediately upon release from jail. The two hour Food Handler training and exam will be offered two days per month. The expected outcomes from these activities are 90% completion rate for offenders attending certificate and card courses. (3) HOW DOES THIS PROJECT ENHANCE AN EXISTING PROGRAM? Vocational skills training and employment skills instruction will increase the opportunities for these offenders to reenter the community as productive citizens. i PROPOSAL PLANNING BUDGET Contracts issued under this RFP will be cost reimbursement only. NO STAFF, EQUIPMENT PURCHASES,OR ADMINISTRATIVE COSTS CAN BE CHARGED TO THESE FUNDS. The Proposal Planning Budget must contain a budget summary below and a brief description (one paragraph)of the organization's fiscal and accounting approach for THIS proposal(04-004 RFP). The Bidder must commit that the budget in its proposal will actually be applied in this project. Any substitution must have the prior approval of the ESD. PROGRAM BUDGET SUMMARY COSTS AMOUNT 1. Travel 2. Subcontract&Other Services $38,000 3. Consumable Supplies $ 1.000 4. Equipment Rental& Service 5. Software/Materials Purchase 6. Facility Costs 7. Staff Training 8. Communications 9. Participant Training 10. Other TOTAL COSTS $39 000 BUDGET SUMMARY: (Describe fiscal and accounting approach in one paragraph) Carl Perkins 1% Fund RFP Funder: Federal Workforce Act funding passed through the Washington State Employment Security Dept./Corrections Clearinghouse Expected Funding Available: $200,000 for 4-6 Projects Funding on reimbursement basis Funding Purpose: Improve vocational education services for offenders Especially offenders with learning challenges and learning barriers Matching funds: None required Permissible use of funds: o vocational and technical education programs to prepare offenders to enter a certain field/industry o Enhance existing programs or provide new services o Computer software programs if upgrade or enhance part of proposal Non-permitted funding uses: Staff positions Equipment Computer hardware Duration of Project: September 15, 2004—June 30, 2005 Timeline if decide to submit bid: Submit bid by July 9 Successful bidders notified by August 2 Attend successful bidders conference August 11, 2004 (Olympia) Contract Performance Begins September 15, 2004 Contract Performance Ends June 30, 2005 Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION— AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Police Department to apply for a grant to purchase ergonomic workstations for the Records Unit of the Kent Police Department. The staff in the Records Unit spend long hours at their shared work- stations supporting the sworn personnel and assisting the public on a 24 hour/7days a week basis. This equipment will allow staff to adjust the workstations to positions that fit each individual staff person's needs. This funding will cover the cost of two of the four necessary workstation upgrades. The total grant application amount is $259461.00 The City's 10% of the grant required match amount -2,546.00 The total funds to be received from 2004 LLEBG $22,915.00 3. EXHIBITS: Information sheet on the ergonomic workstation proposal 4. RECOMMENDED BY: Public Safety Committee 6/17/04 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No_ If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N rPOLICE DEPARTMENT Ed Crawford, Chief of Police �� Phone 253-856-5888 KEN T Fax. 253-856-6802 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 17, 2004 TO: Public Safety Committee FROM: Ed Crawford, Chief of Police SUBJECT: Request to apply for 2004 LLEBG(Local Law Enforcement Block Grant) MOTION: I recommend the Council authorize the Kent Police Department to apply for the 2004 Local Law Enforcement Block Grant in the amount of$25, 461.00 and placing this on the Consent Calendar for the July 6, 2004 Council Meeting. SUMMARY: The funds from this grant will be used to purchase ergonomic workstations for the Records Unit of the Kent Police Department. The staff in the Records Unit spend long hours at their shared workstations supporting the swom personnel and assisting the public on a 24 hour/7 days a week basis. This equipment will allow staff to adjust the workstations to positions that fit each individual staff person's needs. This funding will cover the cost of two of the four necessary workstation upgrades. EXHIBITS: Information sheet on the Kent Police ergonomic workstation proposal. BUDGET IMPACT: The total grant application amount is $25,461.00 The City's 10%required match amount of the grant is 2,546.00 The total funds to be received from 2204 LLEBG $22,915.00 BACKGROUND: The grant application will open on June 28 and will close on July 23,2004. i L rPublic Safety Comtmttee Subject LLEBG2004 giant Date June 17,2004 Local Law Enforcement Block Grant FY2004 Kent Police Department Ergonomic Work Stations for Records Staff The Kent Police Department(KPD)plans to apply for the Bureau of Justice FY 2004 j Local Law Enforcement Block Grant. The City of Kent's allocation for FY 2004 is $22,915. The City's required 10%match equals 2,546. The total grant project amount equals $25,461. The grant application deadline is July 23, 2004. The KPD has designated this funding to the Supporting Law Enforcement -Procuring equipment,technology, and other material directly related to basic law enforcement functions purpose area. Ergonomic workstations for the Records Unit will be purchased with this grant funding. The Police Department Records Staff are the public's primary resource for police department information. Police officers also rely on Records personnel to support them during the course of their work day. The Police Department Records Unit staff share workstations while covering the front counter of the police department on a 24 hours/7 days per week basis. The long hours sitting at a workstation completing intensive computer and phone answering assignments require proper ergonomics to support productivity and staff health. Estimates on ergonomic workstations with the proper mechanisms for the police department records staff range from$10,000-15,000 per workstation. These workstations contain adjustable desk surfaces so the Records Specialists can work sitting or standing. Some products also include a digital height gauge to allow workers to easily replicate the positions that best fit their needs. This funding should cover the cost of two of the four necessary workstation upgrades. The police department requests authorization to apply for the FY 2004 Local Law Enforcement Grant. Kent City Council Meeting Date July 6. 2004 Category Consent Calendar 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT-ACCEPT 2. SUMMARY STATEMENT: Acceptance of the Washington Traffic Safety Commission Grant which will be used to conduct a"Cops in Shops"pilot program and to run "Alcohol has Consequences ads. The funding will be used for officer overtime to enlist businesses who have demonstrated a concern for the number of youth attempting to purchase alcohol on their premises or in their retail establishment. The Liquor Control Board will provide officers with special training before the program begins. This program would run from July through September, 2004. 3. EXHIBITS: Memo from WTSC dated 5/17/04 and WTSC Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 6/17/04 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure?_ Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund N00703.6XXXX.3234 Amount $4,998.00 Unbudgeted Revenue: Fund N00703.53409 Amount $4,998.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 POLICE DEPARTMENT Ed Crawford, Chief of Police • Phone 253-856-5888 KENT Fax 253-856-6802 Address 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: June 17, 2004 TO: Public Safety Committee FROM: Ed Crawford, Chief of Police SUBJECT: Accept Washington Traffic Safety Commission grant. MOTION: I recommend the Council authorize the Kent Police Department to accept the Washington Traffic Safety Commission grant to the amount of$4,998.00 and placing this on the Consent Calendar for the July 6, 2004 Council Meeting. SUMMARY: This grant will be used to conduct a"Cops in Shops"pilot program and to run "Alcohol has Consequences" ads. The funding will be used for officer overtime to enlist businesses who have demonstrated a concern for the number of youth attempting to purchase alcohol on their premises or to their retail establishment. The Liquor Control Board will provide officers with special training before the program begins. This program would run from July through September, 2004. EXHIBITS: Memo from WTSC date 5/17/04 WTSC Memorandum of Understanding BUDGET IMPACT: None. BACKGROUND: The Kent Police Department has received similar WTSC grants in the past. This grant is offered on a reimbursement basis. Public Safety Committee Subject WTSC grant Cops in Shops 1 Date June 17,2004 1 r Memo To: Task Force Coordinators From: Gina Bereft Date: May 17,2004 Re: Special Project Grants In the last three federal fiscal years I have been able to use a portion of the Task Force support budget to offer up the opportunity for Task Forces to augment their activities with a special grant to purchase a needed piece of equipment or to fund a small project. I hope that these grants have proven to be valuable to those of you who opted to take advantage of the offer. I am happy to say that once again, Task Forces can apply for a special project grant of up to $5,000. This money is available on a first come, first served basis, and must be spent (and items received)by September 30t',2004. Please remember that these funds are to be used for innovative projects, or special items that will allow you to work better in your community, rather than for purchasing general supplies (including helmets and car seats) and give-away items. In your request letter, please specify how the item(s)/activities will allow you to work above and beyond your current level of funding. Call or e-mail me if you have any questions,and keep up the good work! i ��STAtg Op S O MEMORANDUM OF aUNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW is made and entered into by and between and the Washington Traffic Safety Commission (WTSC) IT IS THE PURPOSE OF THIS AGREEMENT to assist WTSC in a project titled: "Cops in Shops" TERM: 11 June 2004 to 30 September 2004 IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. The Kent Drinking Driver Task Force(KDDTF)has submitted a work plan and indicated its interest in obtaining grant funds to conduct Cops in Shops 2 KDDTF must submit Memorandums of Understanding from participating law enforcement agencies and an evaluation plan 3 WTSC will provide written approval of the evaluation plan, however, funds will be available for activities beginning June 11, 2004 4 The law enforcement agencies will perform Cops in Shops activity as outlined in the work plan. 5 The KDDTF must submit claims for reimbursement to WTSC in a timely manner(not to exceed 15 days past the final billed activity) All claims for reimbursement must be received by the WTSC no later than October 15, 2004. Any request for reimbursement received after October 15, 2004 may not be honored by the WTSC. Claims for reimbursement must include ♦ Invoice Voucher, Al9-1A 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(signed overtime slips, payroll documents, etc.), ♦ Summary of activities, and ♦ Officer worksheets showing how hours were spent and number of events/contacts per shift. 6 Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the WTSC, one representative from the law enforcement agency, and a mutually agreed upon third party The dispute panel shall decide the dispute by majority vote 7 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 THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Agency DatelWashington Traffic Safety Commission Return To Gina Beretta Date/Signature WTSC POBox 40944 Olympia, WA 98504-0944 Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Approve and authorize the Mayor to sign the Corrections Facility Medical Services Agreement between the City of Kent and Valley Medical Center Occupational Health Services. State law requires the City to provide medical services to inmates while they are housed in our jail. The Public Hospital District No. 1 of King County, doing business as Valley Medical Center Occupational Health Services, has provided inmate medical services for the City of Kent since 1996. In 2002, the City requested bids for jail medical services. Valley Medical Center Occupational Health Services was one of the two providers that responded. After negotiations, Valley Medical Center Occupational Health Services was the only remaining bidder. This new agreement will save the City over $63,000 per year over last year's agreement. In addition, the City has negotiated better rates for pharmaceuticals which should save the City additional money. 3. EXHIBITS: Corrections Facility Medical Services Agreement and Exhibit A— Insurance Requirements 4. RECOMMENDED BY: Public Safety Committee 6/17/04 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6P i , KENO W AS MIMOTO" CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT between the City of Kent and Public Hospital District No. 1 of King County, dba Valley Medical Center Occupational Health Services THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Public Hospital District No. 1 of King County, dba Valley Medical Center Occupational Health Services, a non-profit municipal corporation organized under the laws of the State of Washington, located and doing business at 3600 Lind Avenue SW, Suite 170, Renton, Washington 98055 (hereinafter the `Vendor") AGREEMENT I. Description of Work. Vendor shall provide comprehensive medical services for the City of Kent Corrections Facility ("facility") in accordance with this Agreement, any attachments incorporated herein, and the written policies and procedures developed to carry out the terms of this Agreement. In the event there is a conflict between the terms of this Agreement, the terms of the attachments or exhibits, and the terms of the written policies and procedures, the order of priority shall be this Agreement, the attachments or exhibits to this Agreement, and then the policies and procedures written to carry out the terms of this Agreement. II. Time for Performance. The work under this Agreement shall begin on or about July 1, 2004, and shall continue through December 31, 2006 This Agreement may be extended beyond the original term subject to the written agreement of the parties. jIII. Level of Service and Compensation. The City shall pay Vendor for services provided in accordance with the following: A. Staff - Level of Service and Hourly Rates. Staffing levels and hourly rates are set forth below. The staffing levels may be altered at the request of the City with thirty (30) days advance written notice to the Vendor. The Vendor shall provide the following level of service for staff on the days indicated and at the hourly rates indicated: ANNUAL HOURS POSITION 2080 Licensed Practical Nurse ("LPN") @ $28.69/hr 40 Hours per week Work performed Monday through Friday from 9.00 a.m. until 1.00 p m , and Saturday and Sunday from 9:30 a.m. to 8:00 p.m. Total annual cost of$59,675.20 JAIL MEDICAL SERVICES AGREEMENT- 1 ANNUAL HOURS POSITION Z 2080 Registered Nurse (`RN") @ $48.65/hr. 8 hours per day, 40 hours per week Work performed Monday through Friday from 12:30 p.m. until 9:00 p.m. Total annual cost of$101,192.00 208 Physician's Assistant ("PA") @ $62.81/hr. 4 hours per week to be worked two (2) days per week in two-hour shifts. Total annual cost of $13,064.48 The total annual expense for Vendor staff at the above level of service and at the above t hourly rates shall be $173,931.68. The hourly rates of the LPNs, RNs, and PAs may be increased by Vendor one time each year pursuant to an applicable labor contract or the policy of Valley Medical Center; provided, that such increase Is given to all employees of Valley Medical Center that work within the class in which the employee who receives the increase works, and the City is provided thirty (30) days advance written notice of such increase; and further provided that such increase shall not exceed the increase negotiated by Vendor. B. Estimated Administrative Expenses. The Vendor shall provide the following administrative services: 1. On-call for telephone consultation with RN, PA, Medical Director, Jail Health Administrator or other doctor; 2. Billing, records management, storage, and scheduling; 3. Medical director oversight; and 4 Administrative oversight. These administrative services shall be provided at an annual rate of$39,878. C. Estimated Pharmacy and Supply Expenses. Pharmaceuticals shall be provided by Vendor and shall be billed to the City on a monthly basis. The Vendor shall take all reasonable steps to ensure that pharmacy and supply costs are kept to a minimum. Vendor shall bill the City only for actual pharmaceuticals and supplies utilized by the City. D. Cost Cutting Measures. Vendor recognizes the City's desire to cut costs and provide more efficient medical services for inmates. Vendor shall endeavor to keep costs to a minimum, and shall work with City staff to develop programs and protocols that reduce expenditures. Vendor shall work with JAIL MEDICAL SERVICES AGREEMENT-2 City staff to reduce the cost of prescription medications, dental care, psychiatric care, administrative expenses, staffing expenses, etc. IV. Payment. The Vendor shall submit payment invoices within fifteen (15) days of the conclusion of each month. The City shall provide payment within thirty (30) calendar days of receipt of an accurate invoice from Vendor. If the City objects to all or any portion of an invoice, it shall notify the Vendor 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. Payment invoices shall be accompanied by a report that contains the following information: 1. A monthly schedule and a summary of any deviations from the monthly schedule; 2. The number of inmates for whom Vendor staff performed service and the type of service provided; 1 3. The number of times hospital and off-site medical service was utilized; and 4 The type and cost of pharmaceuticals for each inmate. V. Medical Services. Vendor shall provide the medical services listed below. The medical services shall be provided in conformance with written policies and procedures agreed to by the parties. A. Assistance with intake screening as requested. B Fourteen (14) day health appraisal. C. Sick call — Medical clinic. D. Telephone consultation services E. Patient referrals — Specialty care - Hospital care - Ancillary services at a preferred rate and as agreed to by the parties. F. Emergency care when Vendor staff present. G. Palliative dental care jH Pharmacy services. I. Mental health — Psychiatric services J. Health education of inmates. K. Transfer of medical information.' I L. Medical records maintenance. M. Equipment and disposable medical supplies. N. Tuberculosis testing, Hepatitis B vaccines, and First aid services to facility staff. O. Detoxification monitoring and treatment. P. Reporting medical care needs to court when inmate in custody. Q. Reporting high cost or high risk medical care needs to facility commander. JAIL MEDICAL SERVICES AGREEMENT-3 VI. Program Support Services. A. Quarterly Meetings and Report. The Vendor and City shall meet on at least a quarterly basis. The parties shall discuss all matters relating to the provision of medical care at the facility, including but not limited to: 1. Policies and procedures; 2. Medical staffing; 3 Pharmaceutical dispensing and costs; 4. Costs of medical care at the facility; 5 Manners in which cost savings and time efficiency can be achieved; 6. The number of inmates served the previous quarter; 7. Any reports filed or required of Vendor; 8. Off-site referrals (utilization and review); 9. Recovery of costs from the inmates; 10. The manner in which medical care at the facility can be improved; and 11. Medical Audit as provided by this Agreement , Summary minutes of all meetings shall be prepared and maintained by Vendor and distributed to attendees with copies retained for future reference Vendor shall prepare and participate in external reviews, inspections, and audits as requested and shall participate in the preparation of responses to critiques. Vendor shall develop and implement plans to address/correct identified deficiencies. A quarterly report shall be prepared by the Vendor that contains all of the items listed in 1-11 above The quarterly report for the preceding quarter shall be due on April 30, July 31, October 31, and January 31 of each year. a B. Annual Report. An annual report shall be submitted by the Vendor no later than t January 31 of each year. The annual report shall provide a synopsis of the information set forth in the monthly and quarterly reports for the year prior C. Medical Audit. Vendor will randomly review charts monthly for practice issues and patient outcomes. Vendor will deliver the results of these audits via the quarterly report. The City reserves the right to perform regular chart review by independent physicians of i outpatient and inpatient medical records to determine whether the appropriate level of medical care is being provided. JAIL MEDICAL SERVICES AGREEMENT-4 D. Infection Control. In cooperation with the local health department, Vendor will develop a program to prevent and monitor incidents of communicable disease. Data will be collected that records the incidents of communicable disease at the facility. The program, and all reporting of Infectious diseases, shall consider the guidelines set forth by the Centers for Disease Control (CDC), Occupational Safety & Health Administration (OSHA) regulations, the Washington Industrial Safety & Health Administration regulations (WISHA), and all other applicable state and federal laws. E. Policy and Procedures. Policy and procedures will be developed, maintained, and reviewed annually by Vendor in cooperation with the City for all aspects of the health care delivery system. These documents will be in compliance with community-wide standards and state statutes. Any variance from these policies and procedures must be approved by the City in writing. The initial policies will be developed within 30 days of signing this Agreement. F. Utilization Review. Vendor shall review all charges from outside vendors for accuracy and appropriateness prior to reimbursement. G. Credentialing. Vendor staff shall, at all times, have current state licenses and current certification in CPR. All staff attest that they have never had their professional license revoked. Copies of current professional licenses shall be kept on file with the facility commander. H. Accreditation. Vendor will cooperate with the City in the event the City seeks accreditation. I. Disaster Plan. Vendor shall, in conjunction with the City, develop procedures for disaster preparedness in the event of a natural or man-made disaster. The plan shall establish a response 1 procedure for. (1) dealing with simultaneous injuries or illness to a large number of inmates; or (2) the medical or pharmaceutical needs of inmates upon release from the facility in the event an evacuation of the facility is necessary. The disaster plan shall be coordinated with Valley Medical Center, Auburn General Hospital, and any other local medical facilities that would be utilized in the event of a disaster. IJ. Inmate Co-Pay. Vendor shall cooperate with the City in the event the City institutes a system for the collection of an inmate co-pay. K. Development of Information for the Collection of Inmate Co-Pay. For a complete 1 one month period, Vendor shall keep a log and provide a monthly report to establish the amount of co-pay that the City may charge. The following information shall be recorded in a monthly log and shall be provided on a quarterly basis. 1. The number of patients seen by the Vendor; 2 The amount of time that each patient is seen (this can be reduced to an average for all patients); JAIL MEDICAL SERVICES AGREEMENT-5 3. The cost of medications and supplies provided to or used on each inmate (this , can be reduced to an average for all patients); 4. The hourly rate of the medical staff attending to the Inmate; and 5. The average cost of each Inmate visit based upon the factors set forth in 1-4 above. L. Correctional Facility Responsibilities. The City will provide Vendor with an examination room and utilities. The City will provide security staff for on site and off-site supervision and transportation of Inmates for medical services. The City shall provide housekeeping and cleaning supplies, all office and medical records supplies, and laundry services. VII. Staffing. A. Recruitment and Credentialing Program. Vendor shall recruit and Interview candidates who are currently licensed or certified in the State of Washington to work at the facility. Vendor shall interview each candidate with a special focus on professional expertise, emotional stability, and motivation. Initial and continued use of staff and subcontractors at the facility shall be subject to approval of the City. The City reserves the right to prohibit any of the Vendor's employees and/or independent contractors from performing services with regard to this Agreement. All regular Vendor personnel shall be required to pass a records check conducted by the City for initial and/or continued employment, and the City shall fingerprint and run a criminal history check of all staff who will be working at the facility. All personnel shall comply with current and future state, federal, and local licensing requirements; all policies and procedures of the City and the facility, and accreditation standards, in the event the City seeks accreditation Copies of all licenses and certifications of Vendor personnel shall be maintained in facility files. Copies of the job descriptions shall also be on file at the facility. j Personnel files of all subcontractors and contract employees shall be made available to the facility commander, or his or her designee upon request. These files shall include copies of current Washington licenses, proof of professional certification, DEA numbers, malpractice insurance certificates, evaluations, and position responsibilities. Personal telephonic contact information for Vendor's staff and subcontractors shall be provided to facility staff. Vendor shall notify the facility commander prior to discharging, removing, or failing to renew contracts of professional staff Any replacement personnel shall be subject to approval of the City. Such approval shall not be unreasonably withheld JAIL MEDICAL SERVICES AGREEMENT-6 B. Employee Training and Orientation. Vendor will provide Initial orientation for the health services staff. The City will provide on site security orientation to all medical staff, which will not exceed four (4) hours. C. Staff Absences. Vendor will provide staff seven (7) days per week with adequate coverage for sick time, vacation time, and educational leave for professional staff. Employees who are ill, at training, on vacation, or otherwise unavailable for work will be replaced whenever possible. Vacation time will be scheduled and covered by other staff as deemed necessary. Vendor shall immediately notify the City of any staff absence. rD. Security Clearance. Vendor staff shall be subject to and shall comply with all security regulations and procedures of the City and the facility. Violations of regulations may result in the employee being denied access to the facility. In this event, Vendor shall provide alternate personnel to supply services described herein, subject to the City's approval. The City shall provide security for Vendor staff and agents consistent with security provided to other City employees Vill. Miscellaneous. A. Indemnification. The Vendor 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's fees, arising out of or in connection with the performance of this IAgreement, except for injuries and damages caused by the sole negligence of the City The City's Inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement, The obligation to indemnify, defend, and hold harmless the City and its agents and employees under this subparagraph extends, but shall not be limited to any claim, demand, or cause of action brought by or on behalf of any employee of the Vendor, against the City, its officers, agents, or employees and includes any judgment, award, and cost arising there from, including attorney's fees. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFCATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. B. Termination. The City may, by written notice of default to the Vendor, terminate this Agreement, in whole or in part, if Vendor fails to provide the services called for in this Agreement within the time specified herein, or if funding no longer becomes available for the services described herein. JAIL MEDICAL SERVICES AGREEMENT-7 Either party may terminate this Agreement, in whole or in part, for any reason by providing written notice to the other party sixty (60) days prior to the effective date of termination. C. Notification. Each party shall identify an individual who can receive notification and assist in solving problems which may arise out of or in connection with the performance of this Agreement. CITY: VENDOR: Kent Corrections Commander Patricia Vincent, Director City of Kent Police Department Occupational Health Services, 220 Fourth Avenue South Valley Medical Center Kent, WA 98032 3600 Lind Ave. SW, Suite 170 Renton, WA 98055 (253) 856-5934 (telephone) (425) 656-5020 (telephone) (253) 856-6960 (facsimile) (425) 656-5419 (facsimile) All communications regarding this Agreement shall be sent to the parties at the addresses listed above, 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. D. Insurance. Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit "A," attached and incorporated into this Agreement by this reference. E. Independent Contractor. Vendor shall be an Independent Contractor, the City being interested only in the results obtained under this Agreement. This Agreement does not create an agency relationship between Vendor and the City. Vendor is not an agent or legal representative of the City for any purpose. Vendor is not granted any express or implied right or authority to assume or create any obligation or t responsibility on behalf of or in the name of the City or to bind the City in any manner. F. Work Performed at Vendor's Risk. Vendor 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 Vendor's own risk, and Vendor 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. JAIL MEDICAL SERVICES AGREEMENT-8 jG. Limitation of Actions. Vendor must, in any event, file any lawsuit arising from or connected with this Agreement within 120 calendar days from the date of the occurrence giving rise to such suit or Vendor's ability to file that suit shall be forever barred. This section, which was specifically bargained for by the parties, limits any applicable statutory limitations period. H. Discrimination. In the hiring of employees for the performance of work under this ' Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor 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. I. 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 J. Non-Waiver of Breach. The failure of either party 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 covenants, agreements or options, and the same shall be and remain in full force and effect K. 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 IX(A) of this Agreement. jL. 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 JAIL MEDICAL SERVICES AGREEMENT-9 be made without additional written consent. M. 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 Vendor. N. 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. O. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below VALLEY MEDICAL CENTER, CITY OF KENT: OCCUPATIONAL HEALTH SERVICES 13y By. (signature) (signature) Print Name- Print Name: Jim White Its Its Mayor (Elie) DATE- DATE: APPROVED AS TO FORM: Kent City Attorney i P`GMFREB'Aps61M'Olp2lWM.6uKmbG81SF11MLL(lMI4Lf is JAIL MEDICAL SERVICES AGREEMENT- 10 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. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the 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. I2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. � 1 EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT t EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ By. For: Title: Date: t EEO COMPLIANCE DOCUMENTS-2 EXHIBIT A INSURANCE REQUIREMENTS FOR JAIL MEDICAL SERVICES AGREEMENT Insurance The Vendor 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 by the Vendor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Vendor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Seances 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 and personal injury ' and advertising injury The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City 3. Medical Malpractice insurance covering the Vendor for acts, errors and omissions of medical staff. 4 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington B. Minimum Amounts of Insurance Vendor shall maintain the following insurance limits. 1. Automobile Liability insurance at levels no less than those required by state law. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $6,000,000 general aggregate. I 3. Medical Malpractice insurance shall be provided with limits no less than $1,000,000 per occurrence. EXHIBIT A (Continued) i 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: 1. The Vendor'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 Vendor's insurance and shall not contribute with it. 2. The Vendor'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 Vendor 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 Vendor'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. Vendor's Insurance For Other Losses The Vendor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Vendor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Vendor, or the Vendor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. , E. Waiver of Subrogation The Vendor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL 1 1 . EXHIBIT A (Continued) G. Verification of Coverage Vendor 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 Automobile Liability and Commercial General Liability Insurance of the Vendor before commencement of the work. H. Subcontractors Vendor shall Include all subcontractors as insureds under its policies or shall furnish 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 Vendor. P\Civil\FILES\OpenFiles1070211nsuranceExhibd doc i l 1 i I 1 r rKent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: 2004 WESTERN STATES ARTS FEDERATION GRANT FOR THE ACTOR'S GANG—ACCEPT AND AMEND BUDGET r2. SUMMARY STATEMENT: Accept the $2,500.00 grant from Western States Arts Federation (WESTAF)and authorize expenditure of funds in the Arts Commission budget for the Actors' Gang performance. r r 3. EXHIBITS: WESTAF TourWest Contract 4. RECOMMENDED BY: Parks & Human Services Committee and Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 10006222.64190.4310 Amount $2,500.00 Unbudgeted Revenue: Fund 10006222.53315.4310 Amount $2,500.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds r DISCUSSION: ACTION: Council Agenda Item No. 6Q t t PARKS, RECREATION AND COMMUNITY SERVICES John M. Hodgson, Director Phone 253-856-5100 K E O T Fax 253-856-6050 W A S H I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 17, 2004 TO: Kent City Council Parks Committee 1 FROM: Ronda Billerbeck, Manager of Cultural Programs THROUGH: John M Hodgson, Director of Parks, Recreation and Community Services SUBJECT: 2004 Western States Arts Federation (WESTAF) Grant for The Actors' Gang -Accept and Amend Budget MOTION: Recommend Council accept the Western States Arts Federation "TourWest" Grant in the amount of$2,500.00 and authorize expenditure of funds in the Kent Arts Commission budget to support The Actors' Gang Presentation. ' SUMMARY: Western States Arts Federation (WESTAF)awarded the Kent Arts Commission a $2,500.00 grant to support the presentation of The Actors' Gang, as part of the 2004 Spotlight Series season. IEXHIBITS: WESTAF Contract tBUDGET IMPACT: Unbudgeted $2,500 impacts the revenue account no. 10006222 53315.4310 and expense no. 10006222.64190 4310. 1 I 1 t t t 5 May 31, 2004 2004-2005 TourWest Contract Presenter: City of Kent Arts Commission Artist/Company:The Actors' Gang Engagement Dates: 09/24/04- 09/24/04 Number of Outreach Activities: 1 Number of Public Performances: 1 TourWest Award Amount: $2500 Artistic Fees:$7,000 rThe Western States Arts Federation (WESTAF) shall assign the grant award amount for the presenter listed above following the return of a signed copy of this contract within 30 days of the 1 date on the attached cover letter. Failure to return a signed copy of this contract in accordance with the schedule shall result in the forfeiture of the grant award.WESTAF shall pay the presenter 100% of the award amount listed above following the timely return of a completed 2004-2005 TourWest Final Report within 60 days following the engagement and these items: a copy of the performance program, a current season brochure, published press releases,feature stories, and/or reviews. I If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF within 30 days of the change. NOTE: Changes in plans may affect award amounts and must meet the goals and review criteria of the TourWest program. The above artistic fees shall be paid directly to the artist/company(or designated representative)by the presenter as per the artist-presenter contract. All TourWest supported engagements must include at least (1) public performance.A public performance is defined as a full-length performance for which promotion and marketing to the general public have been provided and the audience for which is a cross-section of the community (e.g. not primarily school-aged children during regular school hours.) All information and conditions contained in the 2004-2005 TourWest guidelines are incorporated herein. By signing this contract,the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended(42 U.S.C.2000d et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA") (42 U.S.C. 12101- 12213); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and The Drug-Free Workplace Act of 1988(41 U.S.C. 701 et seq. And 45 C.F.R. pt. 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes; and the applicant thereby gives assurance to immediately take any measures necessary to comply. 1 Grantees must clearly acknowledge support from the National Endowment for the Arts and WESTAF in their programs and related promotional materials. Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos. Copies of both the WESTAF and NEA logos may be found on the WESTAF website. Please point your browser to http://www.westaf.org. Alternately, you may request copies of these logos via regular or electronic mail by calling 303-629-1166. Acknowledgement of the Endowment and WESTAF's support can be phrased in a variety of ways—for example: Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts. This project received support from the Washington State Arts Commission, WESTAF, the Western States Arts Federation,and the National Endowment for the Arts. 6 Compliance is mandatory with all requirements, paperwork, and related timelines as described herein; failure to do so may ieoaardize current and/or future funding from WESTAF TourWest is made possible through support from the National Endowment for the Arts, the Western States Arts Federation (WESTAF), and its participating state arts agencies. Support through Tour'West is contingent on available funds. We the undersigned understand and will comply with the terms of this contract. May 31, 2004 for WESTAF Date for Presenter Date Name and title (typed) Address City, State Zip i Phone/Fax/E-mail Please return both pages to: WESTAF 1743 Wazee St, Suite 300 Denver, CO 80202 Phone: 303/629-1166 Fax: 303/629-9717 E-mail: shannon.daut@westaf.org Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: 2005 WESTERN STATES ARTS FEDERATION GRANT FOR KEOLA BEAMER-ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the $2,500.00 grant from Western States Arts Federation (WESTAF)and authorize expenditure of funds in the Arts Commission budget for the Keola Beamer, Hawaiian Slack Key Guitar Festival. 3. EXHIBITS: WESTAF TourWest Contract r4. RECOMMENDED BY: Parks & Human Services Committee and Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 10006222.64190.4310 Amount $2,500.00 Unbudgeted Revenue: Fund 10006222.53315.4310 Amount $2,500.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R PARKS, RECREATION AND COMMUNITY SERVICES 4^4 John M. Hodgson, Director Phone-253-856-5100 Fax. 253-856-6050 KEN T 1 W A S H I H G T O N Address- 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 17, 2004 TO: Kent City Council Parks Committee FROM: Ronda Billerbeck, Manager of Cultural Programs THROUGH: John M. Hodgson, Director of Parks, Recreation and Community Services SUBJECT: 2005 Western States Arts Federation (WESTAF)TourWest Grant for Keola Beamer—Accept and Amend Budget MOTION: Recommend Council accept the Western States Arts Federation "TourWest" Grant in the amount of$2,500.00 and authorize expenditure of funds ' in the Kent Arts Commission budget to support the Keola Beamer, Hawaiian Slack Key Guitar Festival. SUMMARY: Western States Arts Federation (WESTAF) awarded the Kent Arts ' Commission a $2,500.00 grant to fund the presentation of Keola Beamer, Hawaiian Slack Key Guitar Festival, as part of the 2005 Spotlight Series season. EXHIBITS: WESTAF Contract BUDGET IMPACT: Unbudgeted $2,500.00 impacts the revenue account no. 10006222 53315.4310 and the expense account no. 10006222.64190.4310 9 May 31, 2004 2004-2005 TourWest Contract Presenter: City of Kent Arts Commission Artist/Company: Keola Beamer/Hawaiian Slack Key Guitar Festival Engagement Dates: 02/05/2005-02/05/2005 Number of Outreach Activities: 1 Number of Public Performances: 1 TourWest Award Amount: $2500 Artistic Fees: $5,000 The Western States Arts Federation (WESTAF) shall assign the grant award amount for the presenter listed above following the return of a signed copy of this contract within 30 days of the date on the attached cover letter. Failure to return a signed copy of this contract in accordance ' with the schedule shall result in the forfeiture of the grant award.WESTAF shall pay the presenter 100% of the award amount listed above following the timely return of a completed 2004-2005 TourWest Final Report within 60 days following the engagement and these items: a copy of the performance program, a current season brochure, published press releases,feature stories, and/or reviews. If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF within 30 days of the change. NOTE: Changes in plans may affect award amounts and must meet the goals and review criteria of the TourWest program. The above artistic fees shall be paid directly to the artist/company(or designated representative) by the presenter as per the artist-presenter contract. ' All TourWest supported engagements must include at least (1) public performance.A public performance is defined as a full-length performance for which promotion and marketing to the general public have been provided and the audience for which is a cross-section of the community (e.g. not primarily school-aged children during regular school hours.) All information and conditions contained in the 2004-2005 TourWest guidelines are incorporated herein. By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.2000d et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990("ADA") (42 U.S.C. 12101- 12213); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);and The Drug-Free Workplace Act of 1988(41 U.S.C. 701 et seq. And 45 C.F.R. pt. 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes; and the applicant thereby gives assurance to immediately take any measures necessary to comply. ' Grantees must clearly acknowledge support from the National Endowment for the Arts and WESTAF in their programs and related promotional materials. Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos. Copies of both the WESTAF and NEA logos may be found on the WESTAF website. Please point your browser to httpJ/www.westat.org.Alternately, you may request copies of these logos via regular or electronic mail by calling 303-629-1166. Acknowledgement of the Endowment and WESTAFs support can be phrased in a variety of ways—for example: Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts. iThis project received support from the Washington State Arts Commission; WESTAF, the Western States Arts Federation,and the National Endowment for the Arts. 10 Compliance is mandatory with all requirements, paperwork, and related timelines as described herein; failure to do so may ieooardize current and/or future funding from WESTAF. TourWest is made possible through support from the National Endowment for the Arts, the Western States Arts Federation (WESTAF), and its participating state arts agencies. Support , through TourWest is contingent on available funds. We the undersigned understand and will comply with the terms of this contract. -JVIIZ - - - May 31, 2004 for WESTAF Date for Presenter Date Name and title (typed) Address City, State Zip Phone/Fax/E-mail Please return both pages to: WESTAF 1743 Wazee St, Suite 300 Denver, CO 80202 Phone: 303/629-1166 , Fax: 303/629-9717 E-mail: shannon.daut®westaf.org Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: KING COUNTY CONSERVATION FUTURES AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT FOR CLARK LAKE PARK OPEN SPACE ACQUISITION—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the $300,000.00 grant from King County Conservation Futures, authorize the Mayor to sign the Amendment to the Interlocal Cooperation Agreement, and approve expending funds in the Park Land Acquisition Budget for Clark Lake Park open space. 3. EXHIBITS: King County Interlocal Cooperation Agreement i4. RECOMMENDED BY: Parks &Human Services Committee and Parks Director (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT i Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20049 Amount $300,000.00 Unbudgeted Revenue: Fund P20049.53405 Amount $300,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: Council Agenda Item No. 6S ' PARKS, RECREATION AND COMMUNITY SERVICES John M. Hodgson, Director Phone 253-856-5100 Fax 253-856-6050 K E N T W A S M I N O T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 17, 2004 TO: Kent City Council Parks Committee ' FROM: Lori Flemm, Superintendent of Parks Planning & Development THROUGH: John M. Hodgson, Director of Parks, Recreation and Community Services SUBJECT: King County Conservation Futures Amendment to Interlocal Cooperation Agreement for Clark Lake Park Open Space Acquisition-Accept and Amend Budget ' MOTION: Recommend Council accept the$300,000.00 levy allocation from King County Conservation Futures for Clark Lake Park Open Space Acquisition, ' authorize the Mayor to sign the Amendment to the Interlocal Cooperation Agreement, and approve expending funds within the Park Land Acquisition Budget. SUMMARY: The King County Council, through Ordinance 9128 established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities This amendment provides for the allocation of additional funds made available for open space acquisition. This amendment is part of ' the existing Interlocal Cooperation Agreement entered into between the City of Kent and King County on January 29, 1991. Staff submitted an application in 2003 to the King County Conservation Futures Levy Fund to pay for open space acquisition at Clark Lake Park. The acquisition project was approved November 24, 2003. King County Ordinance No 14852 authorized the King County Executive to sign the interlocal agreement. EXHIBITS: King County Conservation Futures Amendment and Ordinance No. 14852 ' BUDGET IMPACT: Unbudgeted $300,000 00 impacts the Park Land Acquisition revenue account no. P20049 53405 and expense account no. P20049. 13 ' AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR OPEN SPACE ACQUISITION PROJECTS ' Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement ' entered into between the parties on the 29th day of January, 1991, as previously amended. The parties agree to the following amendments: Amendment 1: Article 1. Recitals ' A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Claik Lake Acquisition, and hereafter reads: • On November 24, 2003, the King County Council passed Ordinance 14797 which appropriated a total of Three Hundred Thousand Dollars($300,000) in Conservation Futures Levy proceeds to the City of Kent for the Clark Lake Acquisition Project. On March 15, 2004 the King County Council passed Ordinance 14852, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Finds in Ordinance 14979. Amendment 2: Article V. Conditions of Agreement Section 5.1 is appended to include Attachment F, which lists a 2003 Conservation Futures Levy Allocation for the Clark Lake Acquisition project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are appended to include Attachment F, which lists a 2003 Conservation Futures Levy proceeds allocation for the Clark Lake Acquisition Project: Subject to the terns of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through F to be used for the Projects listed in Attachments A through F. The City may request additional funds; however, the County has no obligation to provide funds to the Amendment F Annual CFr Bttcrlocai koil-King County 2003 C FT proceeds 14 City for the Projects in excess of the total amounts shown in Attachments A through F. The County assumes no obligation for the future support of the , Projects described herein except as expressly set forth in this agreement. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the , same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. , IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their ' names in the spaces set forth below: KING COUNTY CITY OF KENT ' Ron Sims King County Executive Mayor Date Date Acting under the authority of Acting under the authority of Ordinance 14852 Ordinance: Dated: Dated: ' Approved as to form: Approved as to form: ' NORM MALENG King County Prosecuting Attorney City Attorney Amendment r Annual C FT Interlocal t.ew-Kmg County 2001 CFr poccak 15 ATTACHMENT F 2003 CONSERVATION FUTURES LEVY ' CITY OF KENT ALLOCATION ' Jurisdiction Project Allocation Kent Clark Lake Acquisition $300,000 ' TOTAL $300,000 Project Description: City of Kent — Clark Lake Acquisition $3005000 The Clark Lake Park acquisition consists of two mholdtng parcels totaling 7.75 acres on SE 240th Street ' in Kent. The house on the westernmost parcel identified to this proposal may be preserved by the city for ' environmental education purposes. If so,Conservation Futures funds will not be used fund to acquire the house. Anxndmcntf Annual CrT h,lcrl,xal G oil-King(bunly 2003 C FT pi occeds -1- 14852 16' Attachment"A" , AMENDMENT TO THE CONSERVATION FUTURES ' INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FOR OPEN SPACE ACQUISITION PROJECTS , Preamble , The King County Council, through Ordinance 9128,has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban ' cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF and KING COUNTY, ' and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the_th day of onth),()Mar), as previously amended , The parties agree to the following amendments: Amendment 1: Article 1.Recitals , A paragraph is hereby added to the Recital$Section to provide for a Conservation Futures Levy Fund allocation for the Acquisition,and hereafter reads: , • On ,20CL the King County Council passed Ordinance which appropriated a total of ($_)in Conservation Futures Levy proceeds , to the City of for the acquisition Project. On , 200_The King County Council passed Ordinance , authorizing the King County Executive to enter into interlocal agreements with the City for the , disbursement of Conservation Futures Funds appropriated in Ordinance Amendment 2: Article V. Conditions of Agreement ' Section 5.1 is appended to include Attachment_,which lists a 200_Conservation Futures Levy Allocation for the Acquisition project. t Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are appended to include Attachment_,which lists a 200_ Conservation Futures Levy proceeds allocation for the Acquisition Project: , Amendment Annual CFi'Interitxal -lung County 200_CFr proceeds • _1- 17 14852 tSubject to the terms of this agreement,the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through_to be used for the Projects listed in Attachments A through_. The City may request additional funds;however,the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through_ The County assumes no obligation for the,future support of the Projects described herein except as expressly set forth in this agreement. ' In all other respects,the terms,conditions,duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF ' Ron Sims King County Executive Mayor Date: Date Acting under the authority of Acting under the authority of Ordinance Ordinance: Approved as to form: Approved as to form: NORM MALENG King County Prosecuting Attorney City Attorney Amendment_ Annual CFr Interlocal •14ng County 200_CFr proceeds -2 14852 18 ATTACHMENT_ 200—CONSERVATION FUTURES LEVY CITY OF ALLOCATION Jurisdiction Project Allocation (Name) (Project Name) $ TOTAL $ 1 Project Description: (from Attachment`B"to Proposed ordinance 2003- ) City of —(Project Name) $ 1 1 i 1 1 Amendment_ Annual CFr Interlocal -ling County 200_CFr procceds -1 14852 19 Attachment°B" Project Descriptions I Seattle Projects 315405 Fremont Peak Park This site is a 0.13-acre addition to Fremont Peak Park,located between 1st Avenue NW and Palatine Avenue at NW 45th Street. The property will allow better street visibility and access to this small local park, an urban refuge with outstanding views of the Lake Union Ship Canal, Puget Sound, the Olympic Mountains and downtown Seattle. 315412 SW Alaska Street This 0.5-acre green space is located on SW Alaska Street and 48th Avenue Southwest,just west of the West Seattle Junction Hub Urban Village. 315413 Greenwood Park This project consists of two inholdings within Greenwood Park,located on Fremont Avenue at North 88th Street. Each of the inholding properties contains a house that will be removed. 315417 Kubota Gardens Located off Renton Avenue South in the Rainier Beach Neighborhood, this project consists of two wooded inholding parcels totaling 5.6 acres that buffer Kubota Gardens. The gardens are a Seattle landmark with local and international cultural significance. The additions also provide additional urban wildlife habitat. The City plans a passive nature trail in this buffer and the project will also help protect the headwaters of Mapes Creek. _315418 Longfellow Creek/Puget Creek Tlus project consists of inholdings in ownership on two West Seattle creek systems. The Longfellow Creek portion consists of two parcels at the corner of 24th Avenue SW and SW Willow Street,and the Puget Creek Additions portion consists of two adjacent wooded parcels near SW Brandon Street and 21st Avenue SW. The Longfellow Creek portion contains two houses that will be removed,allowing for the riparian habitat in the corridor to be subsequently restored. 315419 Urban Center Parks(Northgate and Denny Triangle) The project goal is to acquire one or more small green spaces in the highly urbanized Denny Triangle and University District neighborhoods to Seattle. The City has identified possible sites to meet these needs, but has not yet made a final selection. $19 million in total is tentatively allocated to both neighborhood greenspace projects combined,but Seattle must propose a specific site or sites for approval by the King County before Conservation Futures funds are transferred to the project. 1 20 14552 315420 West Capitol Hill Park Located on Summit Avenue East at East John Street,and Olive Way, this proposed .22 acre open space is located in the high-density neighborhood of West Capitol Hill. The site is currently a parking lot that will be redeveloped and converted into a neighborhood greenspace. 315421 Sylvan Way Open Space This project is a 3.4-acre wooded open space is between Sylvan Way SW and SW Othello Street, at 27th Avenue SW,in the Delridge neighborhood. This project will provide additional urban wildlife habitat. Suburban City Projects 315711 Auburn CFL (Western Street Habitat Acquisition) West Street Habitat acquisition:This 2-parcel,4-acre property is primarily a meadow located on the western side of Western Street,adjacent to State Route 167. The project is adjacent to the City-owned open space to the north. A bus parking circle and lot proposed for the southerly parcel of this project may not exceed 15 percent of the project surface area and will not incur into the western half of either project parcel. 315713 Bellevue CFL (Meydenbauer Bay and Bellevue Greenways) $1,000,000 is allocated to the Meydenbauer Bay Park acquisition: It consists of two waterfront parcels totaling.23 acres with over 75 feet of waterfront on Lake Washington Boulevard in Bellevue. Project Provision: the existing houses on each parcel will be removed following acquisition by the City. $500,000 is allocated to the Bellevue Greenway and Open Space system,provided that Bellevue will get approval for King County for acquisition of specific parcels. 315722 Federal Way CFL (Lakota Wetlands Acquisition) The Lakota Wetlands Acquisition consists of a 12-acre parcel located along 21st Avenue Southwest in Federal Way, adjacent to Lakota Park. The project allows for the expansion of Lakota Park to include natural lands for environmental education and passive recreation. The central portion of the property is primarily wetland and is urban wildlife habitat. 315724 Issaquah CFL (Johnson Property and Precipice) $250,000 is allocated to the Issaquah Creek/Johnson Property project is a 7.8-acre property located west of Front Street/Issaquah Hobart Road that contains approximately 1/3 mile of forested riparian habitat along Issaquah Creek. This property has high quality salmonid habitat and provides a scenic amenity from along the Issaquah Hobart Road and it provides good quality urban wildlife habitat. $250,000 is allocated to the Precipice Trail Corridor Project,a 10-parcel project of up to 153 acres links the northeast portion of Cougar Mountain to Issaquah's City limits west of Newport Way. 2 ]4852 21 315725 Kent CFL (Clark Lake) The Clark Lake Park acquisition consists of two inholding parcels totaling 7.75 acres on SE 240th Street in Kent. The house on the westernmost parcel identified in this proposal may be preserved by the City for environmental education purposes. If so,Conservation Futures funds will not be used fund to acquire the house. 315731 North Bend CFL(Tollgate Farm The Tollgate Farm acquisition consists of up to 35 acres along SR 202 within the overall 410- acre Tollgate Farm. The City will further protect the site with more restrictive use provisions than are currently in place to protect the passive nature of the farm. Currently, active uses are allowed and further protection of this parcel will preserve an important wildlife corridor in the upper Snoquahnie Valley. 3 KING COUNTY 1200 King County Courthouse 22 516nird Aveuue Smoak,WA 98104 Signature Report March 16, 2004 Ordinance 14852 Proposed No. 2004-0068.1 Sponsors Phillips and Edmonds 1 AN ORDINANCE authorizing the executive to enter into i 2 amendments to interlocal agreements with the cities of 3 Auburn,Bellevue,Federal Way,Issaquah, Kent,North 4 Bend and Seattle for the disbursement of conservation 5 futures tax levy funds allocated under Ordinance 14797. 6 7 8 STATEMENT OF FACTS: 9 1. Conservation futures tax levy funds are collected throughout King 10 County as a dedicated portion of the property tax and are,by statute, 11 available only for the acquisition of open space and resource lands. 12 2. Ordinance 14714 established procedures for the annual allocation of 13 conservation futures tax levy funds,which directs the conservation futures 14 citizens committee to make funding reconnmendations to the King County 15 executive to consider for inclusion in the annual budget ordinance. 16 3. 'The executive has transmitted in the annual budget ordinance and the 17 council has appropriated 2004 conservation futures funds to the open 18 space projects listed and described in Attachment B to this ordinance. 1 Ordinance14852 23 19 4. The county desires to disburse conservation futures funds to the city of 20 Seattle and suburban cities and must do so by amending existing or 21 executing new interlocal agreements with these jurisdictions. 22 5. The county and the cities are authorized to enter into an interlocal 23 agreement pursuant to chapter 39.34 RCW,the Interlocal Cooperation 24 Act. 25 BE IT ORDAINED BY TIE COUNCIL OF KING COUNTY: 26 SECTION 1. The King County executive is hereby authorized to enter into and 27 execute contracts or amendments to interlocal agreements,containing language 28 substantially similar to that attached to this ordinance,necessary for the disbursement of f 1 f I 2 Ordinance 14852 241 29 conservation futures tax levy funds appropriated in Ordinance 14797,as adopted by the 30 King County council. 31 Ordinance 14852 was introduced on 2/9/2004 and passed by the Metropolitan King County Council-on 3/15/2004,by the following vote: Yes: 12-Mr.Phillips,Ms.Edmonds,Mr. von Reichbauer,Mr. Pelz,W. McKenna,Mr.Ferguson,Mr.Hammond,Mr.Gossett,Ms.Hague,Mr.Irons, Ms. Patterson and Mr.Constantine No: 0 Excused: 1 -Ms.Lambert KING COUNTY COUNCIL KING CO Y,WASHIN ON c Larry Philli ,Chair n r ATTEST: t-; ;Tl _r- C7N rn - ^ Cn G N � Anne Norts,Clerk of the Council n Co APPROVED this day ofMCI V 20N. 4n — Ron Sims,C Attachments A. Amendment to the Conservation Futures Interlocal Cooperation Agreement Between King County and the City of for Open Space Acquisition Projects,B. Project Descriptions i 3 Kent City Council Meeting Date July 6, 2004 Category Consent Calendar 1. SUBJECT: KENT LAND USE & PLANNING BOARD APPOINTMENT— CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Mr. Kenneth Wendling to serve as a member of the Kent Land Use and Planning Board. Mr. Wendling has been a Kent resident for 38 years and his five children were raised in Kent and still live in the region. Mr. Wendling was employed at Freight Systems in Kent where he was Safety Director for Washington and Oregon for 11 '/2 years. As a long-time resident of the City,Mr. Wendling is interested in Kent's future and especially in land management. He is looking forward to serving on the Board. Mr. Wendling will replace Nicole Fincher and his term will continue until 12/31/05. 3. EXHIBITS: Memo 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6T OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 Mh Address 220 Fourth Avenue S K E N T Kent,WA 98032-5895 WASHINGTON DATE: June 30, 2004 TO: Council President Julie Peterson City Council Members THOU: Mike h CAO n_ FROM: Jim White, , Mayor !/,y�J�l� 46a SUBJECT: Appointment to Kent Land use and Planning Board I have appointed Mr Kenneth Wendling to serve as a member of the Kent Land Use and Planning Board Mr. Wendling has been a Kent resident for 38 years and his five children were raised in Kent and still Iive in the region. Mr. Wendling was employed at Freight Systems in Kent where he was Safety Director for Washington and Oregon for 11 1/2 years As a long-time resident of the City, Mr. Wendling is interested in Kent's future and especially in land management. He is looking forward to serving on the Board. Mr. Wendling will replace Nicole Fmcher and his term will continue until 12/31/05. I submit this for your confirmation. i Kent City Council Meeting Date July 6. 2004 Category Consent Calendar 1. SUBJECT: KENT HUMAN SERVICES COMMISSION—CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Mr. George Adams to serve as a member of the Kent Human Service Commission. He graduated from West Seattle High School and received his B.A. from the University of Washington, majoring in Personnel and Industrial Relations. Throughout his career he worked at Allstate Insurance Company, Rainier Bank, and Marsh and McLennan. After his partial retirement in 2003 he worked as CEO and CFO at McDowell Northwest, Inc. in Kent. He currently retains ownership of a residential real estate development company. Mr. Adams volunteers at Children's Therapy Center, Department of Corrections, Communities in Schools, and the City of Covington. In his spare time he enjoys tennis, golf, reading and projects around his home. Mr. Adams will replace Brad Bell,who resigned. His term will continue until 1/1/07. 3. EXHIBITS: Memo 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6U i OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASHINGTON DATE: June 30, 2004 TO: Council President Julie Peterson City Council Members THRU: Mike Martin, CAO FROM: Jim White, Mayor SUBJECT: Appointment to Kent Human Services Commission I have appointed Mr. George Adams to serve as a member of the Kent Human Services Commission. He graduated from West Seattle High School and received his B of A from the University of Washington,majoring in Personnel and Industrial Relations. Throughout his career he worked at Allstate Insurance Company, Rainier Bank, and Marsh and McLennan. After his partial retirement in 2003 he worked as CEO and CFO at McDowell Northwest, Inc. in Kent. He currently retains ownership of a residential real estate development company Mr. Adams volunteers at Children's Therapy Center, Department of Corrections, Communities in Schools, and the City of Covington. In his spare time he enjoys tennis, golf, reading and projects around his home. Mr. Adams will replace Brad Bell, who resigned. His term will continue until l/l/07. I submit this for your confirmation. Jb i i i i i i 1 Kent City Council Meeting p� Date July 6, 2004 I•'� Category Other Business 1. SUBJECT: CHURCHES IN MA C, AND CM-1 ZONING DISTRICTS ZONING CODE AMENDMENT—CONSIDER 2. SUMMARY STATEMENT: After holding a public hearing, the Land Use & Planning Board recommends approval of a zoning code amendment to allow churches to locate as Special Permit Uses in the Industrial Park and Commercial Manufacturing zoning districts. 3. EXHIBITS: 6/29/04 & 6/7/04 staff memos to CC & LUPB, respectively; minutes from 6/14/04 LU&PB meeting and KCC 15.03.010 4. RECOMMENDED BY: Land Use & Planning Board(4-0) (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember aA44-t _moves, Councilmember seconds to approve i=yn ulodi€y Zoning Code Amendment#ZCA-2004-2 as recommended by the Land Use & Planning Board and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: ACTION: Council Agenda Item No. 7A COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP,Director PLANNING SERVICES KE N T Charlene Anderson,AICP,Manager Phone 253-856-5454 Fax. 253-856-6454 Address 220 Fourth Avenue S. Kent,WA 98032-5895 JUNE 299 2004 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON& CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON,AICP,PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: ZONING CODE AMENDMENT #ZCA-2004-2 CHURCHES IN M-1 ZONING DISTRICT i MOTION: I move to approve/deny/modify Zoning Code Amendment#ZCA-2004-3 as recommended by the Land Use&Planning Board and to direct the Cty Attorney to prepare the necessary ordinance. SUMMARY: After holding a public hearing on June 14, 2004, the Land Use & Planning Board voted to approve an amendment to the Kent Zoning Code to allow churches to locate as Special Perrmt Uses in the M1 and MI-C (Industrial Park District) and CM-1 (Commercial Manufacturing) zoning districts. Churches currently are allowed as Special Permit Uses in most residential and commercial zoning districts, as well as in the M-2, Limited Industrial, zoning district That is, churches must meet the special requirements of Kent City Code 15 08.020(A), but they are considered principally permitted uses in a practical sense. BUDGET IMPACT: None BACKGROUND: Over the years, the City Council has expanded the zoning districts where churches are allowed as special permit uses. In 1994, churches were added as an allowed use in the CM-2, Commercial Manufacturing-2, zoning district; in 1998, they were added as an allowed use in the M-2, Lumted Industrial, zoning district. In single faintly residential zones, the mimmum lot size for churches is one acre, whereas the underlying lot size is applicable in other zoning distracts. Front and rear yard requirements are 20 feet, and the side yard requirement is 15 feet. A separate entrance and exit is required, as well as are loading and unloading areas off public streets. Yard areas are required to be landscaped. Churches typically impact the transportation system dunng different hours than would other allowed uses in the districts. Options considered by the Board included no change, change to the M1 district only, change to all other districts wherein churches are not allowed currently, and the recommended change to the M1, M1-C, and CM-I districts. The SEPA Responsible Official determined that no further SEPA actions are required as the proposed code amendments are categorically exempt from SEPA review. CA\pm S\Perrmt\Plan�ZONECODEAMEND12004\2041230-2004-2cc070604 doc i COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP,Director • PLANNING SERVICES KENT Charlene Anderson,AICP,Manager W ASNINOTON Phone 253-856.5454 Fax 253-856-6454 Address 220 Fourth Avenue S. Kent,WA 98032-5895 JUNE 79 2004 TO: CHAIR JON JOHNSON AND LAND USE&PLANNING BOARD MEMBERS FROM: CHARLENE ANDERSON,AICP,PLANNING MANAGER SUBJECT: ZONING CODE AMENDMENT #ZCA-2004-2 CHURCHES IN M-i ZONING DISTRICT For Public Hearing of June 14, 2004 SUMMARY: Mayor White requested that staff bring forward to the Land Use & Planning Board a proposal to allow churches in the M-1, Industrial Park, zoning district. Churches currently are allowed as Special Permit Uses in most residential and commercial zoning districts, as well as in the M-2, Limited Industrial,zoning district. That is, churches must meet the special requirements of Kent City Code 15.08.020(A), but they are considered principally permitted uses in a practical sense. BACKGROUND: Over the years, the City Council has expanded the zoning districts where churches are allowed as special permit uses. In 1994, churches were added as an allowed use in the CM-2, Commercial Manufacturing-2,zoning district, in 1998, they were added as an allowed use in the M-2, Lumted Industrial, zoning district. In single faintly residential zones, the minimum lot size for churches is one acre, whereas the underlying lot size is applicable in other zoning districts. Front and rear yard requirements are 20 feet, and the side yard requirement is 15 feet. A separate entrance and exit is required, as well as are loading and unloading areas off public streets. Yard areas are required to be landscaped. Churches typically impact the transportation system during different hours than would other allowed uses in the districts. When evaluating allowed uses in a district consideration must be given to the purpose of the district and the goals and policies in the comprehensive plan for the district. The purpose of the M-1 district is to provide an environment exclusively for and conducive to the development and protection of a broad range of industrial, office, and business park activities, all of a non- nuisance type. This district is intended to provide areas for those industrial activities that desire to conduct business in an atmosphere of prestige location in which environmental amenities are protected through a high level of development standards. The Comprehensive Plan discourages and limits uses other than manufacturing and warehousing witlun the Manufacturing Center; within the other industrial areas, a mix of land uses which are compatible with manufacturing, industrial, and warehousing should be encouraged. Churches currently are not permitted in the AG, Agricultural General District; MR-H, High , Density Multifamily Residential District; MHP, Mobile Home Park Combining District; DC, Downtown Commercial District; CM-1, Commercial Manufactunng-1 District; MA, Industral Agncultural District;M3, General Industrial District;nor the M1 and M1-C districts. 1 1 OPTIONS: • Option A-"no change option" Under this option, churches would not be permitted in the M-1, Industrial Park zoning district. Arguments for this option may include not desiring other than industrial uses within the district. • Option B—Churches in M-1 Under this option, churches would become a special permit use within the M-1 zoning district. Arguments in support of this option may include industrial and church operations would occur at differing times and thus would not conflict with one another. • Option C—Churches in all zoning districts Churches are not allowed currently in the AG,Agricultural General District, MR-H,High Density Multifamily Residential District; MHP, Mobile Home Park Combining District; DC, Downtown Commercial District; CM-1, Commercial Manufacturing-1 District; MA, Industrial Agricultural District; M3, General Industrial District; nor the M1 and M1-C districts. Under this option, churches would become a special permit use within all of the 1 zoning districts in which they are not allowed. Reference the attached code language regarding the purposes of the zoning districts. RECOMMENDATION: Staff recommends a modified Option C, adding churches as Special Permit Uses only in the CM-1, M1 and MI-C zoning districts The other districts are for more specialized uses, high- density residential development, include only small parcels of land, or include or are located adjacent to specialized areas or roads, i.e., Scenic & Recreational Drive, Green River Natural Resource Area 1 The SEPA Responsible Official has determined that no further SEPA actions are required as the proposed code amendments are categorically exempt from SEPA review. CA\pm S\Pc=t\Plan=NECODEAMEND\200412041230-2004-2lupbph061404 doc Attachment KCC 15 03 010 cc Fred N Satterstrom,CD Director Charlene Anderson,Planning Manager Project File Parties of Record COMMUNITY DEVELOPMENT Fred N.Satterstrom,C.D.Director PLANNING SERVICES • Charlene Anderson,A1CP,Manager KEN T Phone.253-836-5454 W A I N I N O T O M Fax: 253-856-6454 Address 220 Fourth Avenue S. Kent,WA 98032-5895 LAND USE&PLANNING BOARD MINUTES PUBLIC HEARING JUNE 14,2004 The meeting of the Kent Land Use and Planning Board was called to order by Chair Jon Johnson at 7:00 p.m. on Monday, June 14,2004 in Chambers West of Kent City Hall. LUPB MEMBERS PRESENT: Jon Johnson,Chair, Steve Dowell,Theresa Ferguson and Elizabeth Watson LUPB MEMBERS ABSENT: -Greg Worthing,Vice Chair,Excused; David Malik,Unexcused;Nicole Fincher,Unexcused STAFF MEMBERS PRESENT: Charlene Anderson, Planning Manager, Kim Adams Pratt Assist City Attorney and Pamela Mottram, Administrative Secretary APPROVAL OF MINUTES Steve Dowell MOVED and Elizabeth Watson SECONDED a motion to approve the minutes of Aprt126, 2004. Motion CARRIED. ADDED ITEMS None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS Planning Manager Charlene Anderson stated that ZCA-2004-3 Hazardous Substance Land Use Facilities Amendment and ZCA-2004-2 Churches in M-1 Zoning Districts amendment will move forward to the July 6 City Council Meeting and ZCA-2004-1 Manufactured Housing Amendment will move forward to the July 20 City Council Meeting, due to the State's 60 day notification period in affect until July 20". #ZCA-2004-1 MANUFACTURED HOUSING Planning Manager Charlene Anderson stated that the State has enacted new legislation requiring that cities allow certain manufactured housing in all single family residential zoning districts. Ms. Anderson described 3 (three) zoning options considered by staff for locating manufactured/mobile homes in Kent. Ms. Anderson described Option A Mixed Zoning as recommended by staff. Ms. Ferguson I discussed her concerns regarding property values if manufactured homes are allowed in every neighborhood. Chair Johnson declared the public hearing open. r Ron Harmon,11403 SE 264* Place,Kent,WA asked the Board to consider including Option B-Design Review as part of the Mixed Zoning Option A. t Ms. Watson stated that it is her understanding that this piece of legislation was designed to prevent housing discrimination within the community and therefore, the Board could not impose a design review, without imposing it on all dwellings within the City of Kent. The Board members concurred. Steve Dowell MOVED and Elizabeth Watson SECONDED a motion to close the public hearing. Motion CARRIED. The Board members discussed options associated with design review parameters. Charlene Anderson addressed issues comparing manufactured homes with stick built homes. Elizabeth Watson MOVED and Steve Dowell SECONDED a motion to accept Option A Mixed Zoning as recommended by staff. Motion Carried 4-0. #ZCA-2004-2 CHURCHES IN M-1 ZONES Ms. Anderson said this project was initiated by Mayor White as the result of a request for a church to locate in the M-1 Industrial Park District. She stated that the code allows churches as special permit uses in most zoning districts. Ms. Anderson described the three (3) options t analyzed by staff. Ms. Anderson stated that staff recommends a modified Option C, adding churches as Special Permit Uses only in the CM-1,MI and MI-3 zoning districts. 1 Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell MOVED and Elizabeth Watson SECONDED a motion to close the public hearing. Motion CARRIED. Theresa Ferguson MOVED and Steve Dowell SECONDED a motion to accept Staff's recommendation for a modified Option C, adding churches as Special Permit Uses only in the CM-1, M1 and MI-C zoning districts. Motion CARRIED 4-0. #ZCA-2004-3 HAZARDOUS SUBSTANCE LAND USE FACILITIES Ms. Anderson stated that the City has adopted the International Fire Code which replaces the Uniform Fire Code. Ms. Anderson stated that Kent City Code Sections 15.08.050(D)(9)(g) and 15.08.050(D)(9)(k) reference the "Uniform Fire Code". She stated that staff is recommending replacing that language to reflect "adopted fire codes". Ms. Anderson stated that these new codes will be affective July 1, 2004 and will apply only to buildings that vest after the July la date. Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell MOVED and Elizabeth Watson SECONDED a motion to close the public hearing. Motion CARRIED. Theresa Ferguson MOVED and Elizabeth Watson SECONDED a motion to accept staffs recommendation to replace the Uniform Fire Code language with language referencing "adopted Fire Codes". Motion CARRIED 4-0. ADJOURNMENT With no further stems for discussion, Steve Dowell MOVED and Theresa Ferguson SECONDED a motion to adjourn the meeting. Motion CARRIED. The meeting adjourned at 7:30 p.m. 1 Respeclly Submitted, (Y"f/115�km Pz A" Charlene Anderson,AICP,Planning Manager ISecretary, Land Use and Planning Board S IPermit PtnnILUPB12004Wjnutes1061404min dx ' Land Use and Planning Board Minutes June 14,2004 Page 2 of 2 i t 15.03.010 Establishment and designation of districts. The various districts established by this title and into which the city is divided are r designated as follows: A-10 Agricultural District The stated goal of the city is to preserve prime agricultural land in the Green River Valley as a nonrenewable resource. The agriculture zone shall actively encourage the concentration of agricultural uses In areas where incompatibility with urban uses will be minimal to aid in the implementation of those goals. Further, such classification of prime agricultural land thus recognizes and encourages farming activity as a viable sector of the local economy. SR-1 Residential Agricultural District The purpose of the SR-1 zone is to provide for areas allowing low density single- family residential development. SR-1 zoning shall be applied to those areas identified in the comprehensive plan for low density development, because of environmental constraints or the lack of urban services. AG Agricultural General District The purpose of the AG zone is to provide appropriate locations for agriculturally related industrial and retail uses in or near areas designated for long-term agricultural use. Such areas may contain prime farmland soils which may be currently or potentially used for agricultural production. SR-2 Single-Family Residential District SR-3 Single-Family Residential District SR-4.5 Single-Family Residential District SR-6 Single-Family Residential District SR-B Single-Family Residential District It is the purpose of the single-family residential districts to stabilize and preserve single-family residential neighborhoods, as designated in the comprehensive plan. It is further the purpose to provide a range of densities and minimum lot sizes in order to promote diversity and recognize a variety of residential environments. MR-D Duplex Multifamily Residential District It is the purpose of the MR-D district to provide for a limited increase in population density and allow for a greater variety of housing types by allowing duplex dwelling units and higher density single-family detached residential development. MR-T12 Multifamily Residential Townhouse District t t MR-T16 Multifamily Residential Townhouse District It is the purpose of the MR-T districts to provide suitable locations for low to medium density multifamily residential development where home ownership is encouraged consistent with the comprehensive plan. MR-G Low Density Multifamily Residential District It is the purpose of the MR-G district to provide locations for low to medium density multifamily residential development and higher density single-family residential development, as designated in the comprehensive plan. MR-M Medium Density Multifamily Residential District It is the purpose of the MR-M district to provide for locations for medium density multifamily residential development and higher density single-family residential development, as designated in the comprehensive plan. 1 MR-H High Density Multifamily Residential District It is the purpose of the MR-H district to provide for locations for high density residential districts suitable for urban living. MHP Mobile Home Park Combining District The MHP combining district Is designed to provide proper locations for mobile home parks. Mobile home parks may be located in any multi-family residential district when MHP combining district regulations and development plans are approved for that location. PUD Planned Unit Development District The intent of the PUD is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of residential, commercial and industrial uses. By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the city. NCC Neighborhood Convenience Commercial District It is the purpose of the NCC district to provide small nodal areas for retail and personal service activities convenient to residential areas and to provide ready access to everyday convenience goods for the residents of such neighborhoods. NCC districts shall be located in areas designated for neighborhood services in the 1 comprehensive plan. CC Community Commercial District The purpose of the CC district is to provide areas for limited commercial activities that serve several residential neighborhoods. This district shall only apply to such commercial districts as designated in the city comprehensive plan. It is also the purpose of this district to provide opportunities for mixed use development within the designated mixed use overlay boundary, as designated by the comprehensive plan. DC Downtown Commercial District It is the purpose of the DC district to provide a place and create environmental conditions which will encourage the location of dense and varied retail, office, residential, civic and recreational activities which will benefit and contribute to the vitality of a central downtown location, to recognize and preserve the historic pattern of development in the area and to implement the land use goals and policies in the 1989 downtown plan, the Kent comprehensive plan, and the downtown action plan. In the DC area, permitted uses should be primarily pedestrian-oriented and able to take advantage of on-street and structured off-street parking lots. DCE Downtown Commercial Enterprise District The purpose of this district is to encourage and promote higher density development and a variety and mixture of compatible retail, commercial, residential, civic, recreational, and service activities in the downtown area, to enhance the pedestrian- oriented character of the downtown, and to implement the goals and policies of the 1989 downtown plan, the Kent comprehensive plan, and the downtown strategic action plan. CM-1 Commercial Manufacturing-1 District It is the purpose of the CM-1 district to provide locations for those types of developments which combine some characteristics of both retail establishments and industrial operations, heavy commercial uses and wholesale uses. CM-2 Commercial Manufacturing-2 District It is the purpose of the CM-2 district to provide locations for those types of developments which combine some characteristics of both retail establishments and small-scale, light industrial operations, heavy commercial and wholesale uses, and specialty manufacturing. GC General Commercial District The purpose and intent of the general commercial district is to provide for the location of commercial areas developed along certain major thoroughfares; to provide use incentives and development standards which will encourage the redevelopment and upgrading of such areas; to provide for a range of trade, service, entertainment and recreation land uses which occur adjacent to major traffic arterials and residential uses; and to provide areas for development which are automobile-oriented and designed for convenience, safety and the reduction of the visual blight of uncontrolled advertising signs, traffic control devices and utility equipment. It is also the purpose of this district to provide opportunities for mixed use development within the designated mixed use overlay boundary, as designated by the comprehensive plan. s O Office District Z It is the purpose of the 0 district to provide for areas appropriate for professional and administrative offices. It is intended that such districts shall buffer residential districts and the development standards are such that office uses should be compatible with residential districts. It Is also the purpose of this district to provide opportunities for mixed use development within the designated mixed use overlay, as designated in the comprehensive plan. MA Industrial Agricultural District It is the purpose of the MA zone to identify lands which are transitional in nature and which have a combination of agricultural and warehouse/distribution characteristics. MA lands may be converted in the future to more intensive industrial zones at such time as adjoining properties become more intensively developed and urban services such as water, sewer, and improved street access become available. M1, MI-C Industrial Park District I The purpose of the M-1 district is to provide an environment exclusively for and conducive to the development and protection of a broad range of industrial, office, and business park activities, including modern, large-scale administrative facilities, research institutions and specialized manufacturing organizations, all of a non- nuisance type, as designated in the comprehensive plan. This district is intended to provide areas for those industrial activities that desire to conduct business in an atmosphere of prestige location in which environmental amenities are protected through a high level of development standards. It is also the purpose of this zone to allow certain limited commercial land uses that provide necessary personal and business services for the general industrial area. Such uses are allowed in the MI district, through the application of the "C"suffix, at centralized, nodal locations where major arterials intersect. M2 Limited Industrial District The purpose of the M2 district is to provide areas suitable for a broad range of industrial and warehouse/distribution activities. The permitted uses are similar to those of the industrial park district; except, that non-industrial uses, particularly office and retail, are restricted, in accordance with the manufacturing/industrial center designation in the comprehensive plan. Development standards are aimed at maintaining an efficient and desirable industrial area. M3 General Industrial District The purpose of the M3 district is to provide areas suitable for the broadest range of industrial activities, and to specify those Industrial activities having unusual or potentially deleterious operational characteristics, where special attention must be paid to location and site development. Light industrial uses which require restrictive standards on the part of adjoining uses and non-industrial uses are discouraged from locating in this district, in accordance with the manufacturing/industrial center designation in the comprehensive plan. i t GWC Gateway Commercial District It is the purpose of the gateway commercial district to provide retail commercial uses appropriate along major vehicular corridors while encouraging appropriate and unified development among the properties within the district. It is designed to create unique, unified and recognizable streetscapes while ensuring land use compatibility and the exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate areas of site design and to encourage mixed use developments. The gateway commercial district recognizes the significance of the automobile while simultaneously minimizing its dominance in commercially developed areas and avoiding unsightly highway strip commercial development. The gateway commercial development standards promote land uses which minimize physical and visual impacts normally associated with highway commercial developments. landscaping, parking and sign standards have all been enhanced as compared to the current commercial and industrial zoning districts. These standards will promote a viable, unique and recognizable commercial area along East Valley Highway. Moreover, the gateway commercial district will encourage the development of commercial uses capable of benefiting and ensuring the long-term enhancement of properties throughout the study area. SU Special Use Combining District It is the purpose of the SU district to provide for special controls for certain uses which do not clearly fit into other districts, which may be due to technological and social changes, or which are of such unique character as to warrant special attention in the interest of the city's optimum development and the preservation and enhancement of its environmental quality. A special use combining district is imposed on an existing zoning district, permitting the special use as well as uses permitted by the underlying zone. The combining district becomes void if substantial construction has not begun within a one (1) year period, and the district reverts to its original zoning designation. It is the intent of the special use combining regulations to provide the city with adequate procedures for controlling and reviewing such uses and to discourage application for speculative rezoning. (Ord. No. 3290, § 11, 4-18-96; Ord. No. 3409, § 37, 7-7-98; Ord. No. 3470, § 2, 8- 17-99; Ord. No. 3543, § 1, 2-20-01; Ord. No. 3612, § 2, 8-6-02) 1 Kent City Council Meeting Date July 6, 2004 Category Other Business 1. SUBJECT: HAZARDOUS SUBSTANCE LAND USE FACILITIES ZONING CODE AMENDMENT—CONSIDER 2. SUMMARY STATEMENT: After holding a public hearing, the Land Use & Planning Board recommends approval of a zoning code amendment related to hazardous substance land use facilities which replaces references to the Uniform Fire Code. This amendment is needed because of the recent adoption of the International Fire Code by the City Council. 3. EXHIBITS: 6/29/04 staff memo and minutes from 6/14/04 LU&PB meeting 4. RECOMMENDED BY: Land Use & Planning Board(4-0) (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT i Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember-t&A. moves, Councilmember w seconds to approve/&-nyAnodi€y Zoning Code Amendment#ZCA-2004-3 as recommended by the Land Use & Planning Board and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: vvo ACTION: Council Agenda 1 Item No. 713 i COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP,Director PLANNING SERVICES KENT Charlene Anderson,AICP,Manager W�SHINOTON Phone 253-8565454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 jJUNE 29,2004 TO: MAYOR JIM WHITE,COUNCIL PRESIDENT JULIE PETERSON&CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON,AICP,PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: ZONING CODE AMENDMENT #ZCA-2004-3 HAZARDOUS SUBSTANCE LAND USE FACILITIES 1 - MOTION: I move to approve/deny/modify Zoning Code Amendment#ZCA-2004-3 as recommended by the Land Use &Planning Board and to direct the City Attorney to prepare the necessary ordinance. SUMMARY: After holding a public heating on June 14, 2004, the Land Use & Planning Board voted to approve an amendment to the Kent Zoning Code related to hazardous substance land use facilities. The amendment results from the Council's May 4`l' adoption of the International Fire Code ("IFC") to be effective July 1, 2004. The Kent Zoning Code, under sections 15.08 050(D)(9)(g) and (k), currently references the Uniform Fire Code in its regulations of hazardous substance land use facilities. BUDGET IMPACT: None BACKGROUND: The intent of the Fire Code references in the Zomng Code sections regarding hazardous substance land use facilities is to acknowledge that the Zoning Code provisions are not inclusive of all other applicable and adopted Kent codes. Changes to the referenced codes currently force amendments to the Zoning Code. The Land Use & Planning Board is proposing more general reference language, as follows: KCC 15 08.050(D)(9)(g)Hazardous substance land use facilities shall comply with.4r4rele 80 of dopted Fire Codes; KCC 15.08.050(D)(9)(k) Without limiting the application of the adopted Fire Codes to diesel fuel tanks, above and below ground diesel fuel storage tanks exclusively intended for use on stationary, on-site, oil burning equipment (such as electrical power generator systems) in all nonresidential zoning districts shall be exempt from the hazardous substance regulations of this section... The SEPA Responsible Official has determined that no further SEPA actions are required as the proposed code amendments are categorically exempt from SEPA review. CA\pm S\Pemut\Plan\ZONECODEAMEND\200412041238-2004-3cc070604 doc Enclosures Minutes of 6/14/04 LUPB Meeting i COMMUNITY DEVELOPMENT Fred N.Satterstrom,C.D.Director PLANNING SERVICES Charlene Anderson,AICP,Manager KEN T Phone 253.856-5454 W A S H I M O r O M Fax: 253-856.6454 Address 220 Fourth Avenue S. Kent,WA 98032-5895 LAND USE& PLANNING BOARD MINUTES PUBLIC HEARING JUNE 14,2004 The meeting of the Kent Land Use and Planning Board was called to order by Chair Jon Johnson at 7:00 p.m. on Monday,June 14,2004 in Chambers West of Kent City Hall. LUPB MEMBERS PRESENT: Jon Johnson,Chair, Steve Dowell,Theresa Ferguson and Elizabeth Watson LUPB MEMBERS ABSENT: , Greg Worthing,Vice Chair, Excused; David Malik, Unexcused;Nicole Fincher,Unexcused STAFF MEMBERS PRESENT: ' Charlene Anderson, Planning Manager, Kim Adams Pratt Assist City Attorney and Pamela Mottram, Administrative Secretary APPROVAL OF MINUTES , Steve Dowell MOVED and Elizabeth Watson SECONDED a motion to approve the minutes of April 26, 2004 Motion CARRIED. ADDED ITEMS None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS , Planning Manager Charlene Anderson stated that ZCA-2004-3 Hazardous Substance Land Use Facilities Amendment and ZCA-2004-2 Churches in M-1 Zoning Districts amendment will move forward to the July 6 City Council Meeting and ZCA-2004-1 Manufactured Housing Amendment will move forward to the July 20 City Council Meeting, due to the State's 60 day notification period in affect until July 20`h. #ZCA-2004-1 MANUFACTURED HOUSING Planning Manager Charlene Anderson stated that the State has enacted new legislation requiring that cities allow certain manufactured housing in all single family residential zoning districts. Ms. Anderson described 3 (three) zoning options considered by staff for locating manufactured/mobile homes in Kent. Ms. Anderson described Option A Mixed Zoning as recommended by staff. Ms. Ferguson discussed her concerns regarding property values if manufactured homes are allowed in every neighborhood. Chair Johnson declared the public hearing open Ron Harmon,11403 SE 264'h Place,Kent,WA asked the Board to consider including Option B-Design Review as part of the Mixed Zoning Option A. T Ms. Watson stated that it is her understanding that this piece of legislation was designed to prevent housing discrimination within the community and therefore, the Board could not impose a design review, without imposing it on all dwellings within the City of Kent. The Board members concurred. Steve Dowell MOVED and Elizabeth Watson SECONDED a motion to close the public hearing. Motion CARRIED. The Board members discussed options associated with design review parameters. Charlene Anderson addressed issues comparing manufactured homes with stick built homes. Elizabeth Watson MOVED and Steve Dowell SECONDED a motion to accept Option A Mixed Zoning as recommended by staff. Motion Carried 4-0. #ZCA-2004-2 CHURCHES IN M-1 ZONES Ms. Anderson said this project was initiated by Mayor White as the result of a request for a church to locate in the M-1 Industrial Park District. She stated that the code allows churches as special permit uses in most zoning districts. Ms. Anderson described the three (3) options analyzed by staff. Ms. Anderson stated that staff recommends a modified Option C, adding churches as Special Permit Uses only in the CM-1,Ml and MI-3 zoning districts. Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell MOVED and Elizabeth Watson SECONDED a motion to close the public hearing. Motion CARRIED. Theresa Ferguson MOVED and Steve Dowell SECONDED a motion to accept Staff s recommendation for a modified Option C, adding churches as Special Permit Uses only in the CM-1, MI and MI-C zoning districts. Motion CARRIED 4-0. UZCA-2004-3 HAZARDOUS SUBSTANCE LAND USE FACILITIES Ms. Anderson stated that the City has adopted the International Fire Code which replaces the Uniform Fire Code. Ms. Anderson stated that Kent City Code Sections 15.08.050(D)(9)(g) and 15.08.050(D)(9)(k) reference the "Uniform Fire Code". She stated that staff is recommending replacing that language to reflect "adopted fire codes". Ms. Anderson stated that these new codes will be affective July 1, 2004 and will apply only to buildings that vest after the July I"date. Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell MOVED and Elizabeth Watson SECONDED a motion to close the public hearing. Motion CARRIED iTheresa Ferguson MOVED and Elizabeth Watson SECONDED a motion to accept staffs recommendation to replace the Uniform Fire Code language with language referencing "adopted Fire Codes". Motion CARRIED 4-0. ADJOURNMENT With no further items for discussion, Steve Dowell MOVED and Theresa Ferguson SECONDED a motion to adjourn the meeting. Motion CARRIED. The meeting adjourned at 7:30 p.m. Respec gully Submitted, i _ Charlene Anderson,AICP,Planning Manager Secretary,Land Use and Planning Board S IPermulPlantLUPB12004Wjnutes1061404nun dot Land Use and Planning Board Minutes June 14,2004 Page 2 of 2 T r o-/ 11 ,7' Kent City Council Meeting Date July 6, 2004 rCategory Other Business 1. SUBJECT: BALLOT PROPOSITIONS,REAL PROPERTY TAX LEVY RATE, ORDINANCES—CONSIDER 2. SUMMARY STATEMENT: This matter is being offered for discussion and possible action in order to let the voters of this City decide whether they wish to avoid the budget and service impacts of Initiative 864. If approved at the November 2, 2004, general election, proposed Initiative 864 would reduce the City's property tax revenue by twenty-five(25) percent,which will reduce the City's general fund budget by over$5 million. If Kent voters were to vote to permanently increase the City's maximum allowable regular real property tax levy rate by about one cent per$1,000 of assessed value—from $2.76 to $2.77— the City's property tax rate and revenues would be exempt from the twenty-five(25)percent reduction proposed by Initiative 864. Approval of these ballot measures requires passing separate ordinances to put the propositions before the voters at both the September 14'h and the November 2°a elections. 3. EXHIBITS: Ordinances 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? None Revenue? None Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance Nos. and which will submit propositions to the City's voters at the September 14,2004 special election and the November 4, 2004 general election, allowing them to decide whether to increase the maximum allowable regular real property tax levy rate per$1,000 of assessed value by approximately one cent—to $2.77 per$1,000 of assessed valuation—in order to maintain current levels of City services. DISCUSSION: ACTION: Council Agenda Item No. 7C 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City ' of Kent, Washington, providing for the submission to the qualified electors of the City at an election to be held on September 14, 2004, a proposition authorizing the City to increase the regular property tax levy rate by approximately one cent per $1,000 of assessed value, from approximately $2.76 to $2.77 per $1,000 of assessed value, which rate is in excess of the limit established in RCW 84.55.010, in order to maintain its current levels of service. RECITALS A. A proposed initiative, Initiative 864, to be presented to the voters of the ' State of Washington at the November 2, 2004 general election, if approved, would reduce City income tax revenue by twenty-five (25) percent, which will cause a ' reduction in the City's general fund budget of over$5 million. 1 B. In an era of increasing unfunded mandates, coupled with a weakening economy, the City has witnessed significant revenue reductions, causing it to limit and, in some instances, reduce City services and reduce the staff who provide those services. C. If the real property tax reduction initiative is approved, the City will be forced to implement further significant reductions in its labor force and in the services the City provides. If, however, the voters of the City of Kent vote to permanently increase the City's maximum allowable regular real property tax levy rate by about one 1 Ballot Proposition—Special Election Real Property Taz Levy Rate i cent per thousand dollars of assessed value, from $2.76 to $2.77 per $1,000 of assessed valuation, the City's property tax rate and revenues will then be exempt from the , twenty-five (25) percent reduction proposed by the above-referenced initiative. D. State law, RCW 84.55.050, authorizes the voters of the City to permit the levy of taxes in excess of the levy limitations established in RCW 84.55.010. E. The conditions described in these recitals create an emergency which , require holding a special election in the City on September 14, 2004. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION L — Findings. The City Council finds that the best interests of the inhabitants of the City require that the City maintain its current level of service for all City programs and services, including police, fire, public safety, parks, traffic, and all other City services. SECTION 2. —Special Election Required. The City Council finds and declares that an emergency exists requiring the submission to the qualified electors of the City , the proposition whether the City shall levy regular property taxes in the amount of $2.77 per $1,000 of assessed valuation, approximately one cent per $1,000 of assessed t value in excess of the limitations established in RCW 84.55.010. This ballot proposition is to be submitted at a special election to be held on September 14, 2004. The King County Records and Elections Division, as ex ofcio supervisor of elections in King County, Washington, is requested to find the existence of such an emergency and to call and conduct a special election to be held within the City on that day and to submit this proposition to the qualified electors of the City for their approval or 2 Ballot Proposition—Special Election Real Property Tax Levy Rate i rejection. Location of polling places and times the polls will be open shall be determined by the supervisor of elections for King County, as ex officio supervisor of elections for the City, pursuant to the authority established in Chapter 29A.04 RCW, and other applicable law. SECTION 3. - Special Election Reguest. The City requests a special election be called, conducted, and held within the City on Tuesday, September 14, 2004, for the purpose of submitting to the qualified electors of the City for their ratification or rejection a proposition to raise the permanent maximum allowable regular property tax levy rate on real property in the City by approximately one cent, from about $2.76 to $2.77 per $1,000 of assessed value, on property within the City beginning January 1, 2005. The City Clerk is authorized and directed, not less than forty-five (45) days prior to the election date, to certify to the King County Department of Records and Elections Division, as ex offcio supervisor of elections in King County, Washington, a proposition in substantially the following form: CITY OF KENT PROPOSITION NO. LEVY TO MAINTAIN PUBLIC SAFETY, TRANSPORTATION, AND OTHER CITY LEVELS OF SERVICE This proposition of the Kent City Council concerns a regular property tax levy to maintain current levels of service throughout the City. This proposition authorizes * the City to increase its maximum allowable regular i property tax levy rate in excess of the limit set by RCW 84.55.010 by about one cent per $1,000 of assessed value— from approximately $2.76 to $2.77 per $1,000 of assessed value. Should this proposition be approved? jYES..... ... ............ ❑ NO ....................... ❑ 3 Ballot Proposition—Special Election Real Property Tax Levy Rate SECTION 4. —Explanatory Statement. The Mayor is authorized to provide the following explanatory statement regarding this proposition with content substantially , similar to the following: The City of Kent is committed to providing a safe, secure, efficient community to serve our children, grandchildren, business owners, and workers. The City is also committed to managing government funds responsibly and efficiently. However, Initiative 864, if enacted, would eliminate more than $5 million from the City's general fund, a budget decrease that would require severe cut backs in or complete elimination of certain valued police, fire, parks, and transportation programs and services. The City proposes this ballot to avoid the budgetary j impacts that would be caused by the 25% reduction in City property tax rates under Initiative 864. You, the voters, can now preserve the community and the lifestyle Kent offers. This proposition increases the City's maximum allowable tax levy rate by approximately $0.01 per $1,000 of assessed valuation. Because the City has not previously used its maximum allowable levy, however, this proposal will cause a property tax increase of about $29.19 per year for the average Kent residential home (average county assessed valuation in Kent = $221,100). Your passage of this proposition will allow the City to maintain its current level of service to the Kent community. SECTIONS. — Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. — Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision t shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. , 4 Ballot Proposition—Special Election , Real Property Tar Levy Rate SECTION 7. -Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. JIM WHITE, MAYOR ATTEST: 1 BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of July, 2004. tAPPROVED: day of July, 2004 PUBLISHED: day of July, 2004. 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 IMayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK r r.maaowi+reaiwrwmaaamom•..a: ' 5 Ballot Proposition—Special Election Real Property Tax Levy Rate ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the submission to the ' qualified electors of the City at an election to be held on November 2, 2004, a proposition authorizing the City to increase the regular property tax levy rate by approximately ' one cent per $1,000 of assessed value, from approximately $2.76 to $2.77 per $1,000 of assessed value, which rate is in excess of the limit established in RCW 84.55.010, in order to maintain its current levels of service. RECITALS ' A. A proposed initiative, Initiative 864, to be presented to the voters of the State of Washington at the November 2, 2004 general election, if approved, would ' reduce City income tax revenue by twenty-five (25) percent, which will cause a reduction in the City's general fund budget of over$5 million. B. In an era of increasing unfunded mandates, coupled with a weakening ' economy, the City has witnessed significant revenue reductions, causing it to limit and, in some instances, reduce City services and reduce the staff who provide those services. C. If the real property tax reduction initiative is approved, the City will be forced to implement further significant reductions in its labor force and in the services 1 the City provides. If, however, the voters of the City of Kent vote to permanently increase the City's maximum allowable regular real property tax levy rate by about one 1 Ballot Proposition—General Election Real Property Tar Levy Rate cent per thousand dollars of assessed value, from $2.76 to $2.77 per $1,000 of assessed ' valuation, the City's property tax rate and revenues will then be exempt from the twenty-five (25) percent reduction proposed by the above-referenced initiative. D. State law, RCW 84.55.050, authorizes the voters of the City to permit the levy of taxes in excess of the levy limitations established in RCW 84.55.010. E. The conditions described in these recitals create an emergency which require holding an election in the City on November 2, 2004. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Findings The City Council finds that the best interests of the j inhabitants of the City require that the City maintain its current level of service for all City programs and services, including police, fire, public safety, parks, traffic, and all 1 other City services. SECTION Z —Election Required. The City Council finds and declares that an emergency exists requiring the submission to the qualified electors of the City the , proposition whether the City shall levy regular property taxes in the amount of $2.77 per $1,000 of assessed valuation, approximately one cent per $1,000 of assessed value in excess of the limitations established in RCW 84.55.010. This ballot proposition is to be submitted at the general election to be held on November 2, 2004. The King County , Records and Elections Division, as ex officio supervisor of elections in King County, , Washington, is requested to find the existence of such an emergency and to call and conduct a special election to be held within the City on that day and to submit this ' proposition to the qualified electors of the City for their approval or rejection. Location 2 Ballot Proposition—General Election ' Real Property Tax Levy Rate ' of polling places and times the polls will be open shall be determined by the supervisor of elections for King County, as ex ofcio supervisor of elections for the City, pursuant to the authority established in Chapter 29A.04 RCW, and other applicable law. ' SECTION 3. -Election Request The City requests a special election be called, conducted, and held within the City on Tuesday, November 2, 2004, for the purpose of submitting to the qualified electors of the City for their ratification or rejection a ' proposition to raise the permanent maximum allowable regular property tax levy rate on real property in the City by approximately one cent, from $2.76 to $2.77 per $1,000 of assessed value, on property within the City beginning January 1, 2005. The City Clerk is authorized and directed, not less than forty-five (45) days prior to the election ' date, to certify to the King County Department of Records and Elections Division, as ex offcio supervisor of elections in King County, Washington, a proposition in ' substantially the following form: CITY OF KENT ( PROPOSITION NO. LEVY TO MAINTAIN PUBLIC SAFETY, TRANSPORTATION, AND OTHER CITY LEVELS OF SERVICE This proposition of the Kent City Council concerns a regular property tax levy to maintain current levels of service throughout the City. This proposition authorizes the City to increase its maximum allowable regular property tax levy rate in excess of the limit set by RCW 84.55.010 by about one cent per$1,000 of assessed value— from approximately $2.76 to $2.77 per $1,000 of assessed value. Should this proposition be approved? YES...................... ❑ NO ....................... ❑ 3 Ballot Proposition—General Election Real Property Tax Levy Rate r SECTION 4. —Explanatory Statement. The Mayor is authorized to provide the ' following explanatory statement regarding this proposition with content substantially similar to the following: , The City of Kent is committed to providing a safe, secure, efficient community to serve our children, grandchildren, business owners, and workers. The City is , also committed to managing government funds responsibly and efficiently. However, Initiative 864, if enacted, would eliminate more than $5 million from the City's general , fund, a budget decrease that would require severe cut backs in or complete elimination of certain valued police, fire, parks, and transportation programs and services. The City proposes this ballot to avoid the budgetary impacts that would be caused by the 25% reduction in City r property tax rates under Initiative 864. You, the voters, can now preserve the community and the lifestyle Kent offers. This proposition increases the City's maximum r allowable tax levy rate by approximately $0.01 per $1,000 of assessed valuation. Because the City has not previously used its maximum allowable levy, however, this proposal will cause a property tax increase of about $29.19 per year for the average Kent residential home (average county , assessed valuation in Kent=$221,100). Your passage of this proposition will allow the City to maintain its current level of service to the Kent community. 1 SECTION 5. —Rati ication. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. , SECTION 6. — Severability. 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. 1 4 Ballot Proposition—General Election Real Property Tax Levy Rate 1 ' SECTION 7. —Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of July, 2004. APPROVED: day of July, 2004. PUBLISHED: day of July, 2004. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK ' v r i.maamwurea.iwrnpu�<'se.nwm+a>r..e: 5 Ballot Proposition—General Election Real Property Tax Levy Rate r o./ Kent City Council Meeting Date July 6, 2004 rCategory Other Business 1. SUBJECT: BUDGET APPROPRIATION FOR SPECIAL ELECTION, ORDINANCE—CONSIDER r2. SUMMARY STATEMENT: This ordinance would reduce the 2004 ending fund balance by approximately$100,000 to cover the City's cost to hold a real property tax levy lid lift election. 1 r r3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? Yes Revenue? Currently in the Budget? Yes No X If no: r Unbudgeted Expense: Fund 100011330.64900.1281 Amount $100,000.00 Unbudgeted Revenue: Fund 10000000.50589 Amount $100,000.00 r6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance No. which reduces the 2004 ending fund balance by approximately$100,000 to cover the cost to hold an election in order for Kent voters to consider a Levy Lid Lift. DISCUSSION: rACTION: Council Agenda Item No. 7D i i ORDINANCE NO. ' AN ORDINANCE of the City Council of the City of Kent, Washington, amending the 2004 budget for adjustments relating to conducting an election which would give citizens an opportunity to approve a regular property tax levy lid lift. ' RECITALS A. The City of Kent, as with all other greater Puget Sound cities, has struggled to balance revenues with expenditures in a downward trending economy. B. In order to reduce expenditures to meet lower revenues, the City has laid i off employees and kept vacant positions unfilled, resulting in a net reduction in city staff of approximately 100 employees. ' C. The potential impacts of Initiative 864 ("1-864"), if approved by the voters of this state, would cause a further reduction in the general fund budget of over $5 million. One of the only ways available to avoid the potential impact of 1-864 is to give Kent's voters the opportunity to approve a regular property tax levy lid lift iD. Pursuant to the King County Department of Records and Elections, the estimated cost to conduct that election is approximately $100,000. 1 2004 Genera/Fund Budget Adjustment- ' Property Tax Levy Lid Lift E. There are no funds currently in the budget for the purpose of holding ' and paying for this election. Accordingly, it is appropriate to remove that amount from the general fund balance and apply it for that purpose. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ' WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: , ORDINANCE , SECTION 1. - Budget Adtustment. The 2004 City general fund budget is , amended to include budget fund adjustments as follows: Expenditures are to be increased by $100,000, and budgeted ending fund balance is to be reduced by ' $100,000. SECTION 2. -Ratification. Any act consistent with the authority and prior to , the effective date of this resolution is hereby ratified and affirmed. SECTION 3. - Severability If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 4. -Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. JIM WHITE, MAYOR 2 2004 General Fund Budget Adjustment- ' Property Tax Levy Lid Lift ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ' TOM BRUBAKER, CITY ATTORNEY PASSED: day of July, 2004. APPROVED: day of July, 2004. PUBLISHED: day of July, 2004. I hereby certify that this is a true copy of Ordinance No. ' passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. ' (SEAL) BRENDA JACOBER, CITY CLERK P\Cml\ORDINANCE\BudgetAd,uswmt-LidLtftElemm dm 3 2004 General Fund Budget Adjustment- Property Tax Levy Lid Lift Kent City Council Meeting Date July 6, 2004 Category Bids 1. SUBJECT: PUMP STATION NO. 5 GENERATOR UPGRADE-AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on June 25, 2004,with two bids received. The low bid was submitted by RTB Contracting, Inc. in the amount of$84,102.40. The Engineer's estimate was $73,984.00. 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember 1AAUW moves, Councilmember a,,{L seconds to authorize the Mayor to enter into a contract to award the Pump Station No. 5 Generator Upgrade contract to RTB Contracting, Inc. in the amount of$84,102.40. DISCUSSION: _-J ACTION: Council Agenda Item No. 8A 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 July 6, 2004 TO- Mayor White and Kent City Council FROM: Don Wtckstrom,Public Works Director RE. Pump Station No. 5 Generator Upgrade Bid opemng for this project was held on June 25, 2004 with 2 bids received The low bid was submitted by RTB Contracting, Inc. in the amount of$84,102.40. The Engineer's estnnate was $73,984.00. The Public Works Director recommends awarding this contract to RTB Contracting, Inc. Bid Summary RTB Contracting,Inc. $84,102.40 IMcClure and Sons, Inc $107,712.00 IEngineer's Estimate $73,984 00 I Kent City Council Meeting Date July 6, 2004 Category Bids 1. SUBJECT: S. 192ND/SPRINGBROOK CREEK CULVERT REPLACEMENT- AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on June 28, 2004, with seven bids received. The low bid was submitted by Tri-State Construction, Inc. in the amount of$131,860.16. The Engineer's estimate was $147,837.44. 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT 1 Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: CouncilmemberUL_moves, Councilmember seconds to authorize the Mayor to enter into a contract to award the South 192nd/Springbrook Creek Culvert Replacement contract to Tri-State Construction, Inc. in the amount of $1319860.16. DISCUSSION: ACTION: Council Agenda Item No. 8B 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 W A S N I N G T O N Kent,WA 98032-5895 July 6, 2004 TO: Mayor White and Kent City Council FROM Don Wickstrom,Public Works Director RE- South 192nd/Spnngbrook Creek Culvert Replacement Bud opening for tlus project was held on June 28, 2004 with 7 bids received The low bid was submitted by Tri-State Construction, Inc. in the amount of$131,860 16 The Engineer's estimate was $147,837.44. The Public Works Director recommends awarding this contract to Tri-State Construction, Inc Bid Summary Tri-State Construction, Inc $131,860 16 1 C1earCreek Contractors $148,593 83 Pivetta Brothers Construction,Inc $153,827.97 Rodarte Construction, Inc. $170,010.88 Road Construction N.W. Inc. $184,872.96 Amencon, Inc. $187,193.66 Archer Construction, Inc $219,849 98 i Engineer's Estimate $147,837 44 i 1 j I Kent City Council Meeting Date July 6, 2004 Category Bids 1. SUBJECT: GLENN NELSON PARK IMPROVEMENTS 2. SUMMARY STATEMENT: The bid opening was held on June 22, 2004, with four bids received. Clements Brothers, Inc. of Bonney Lake, WA was the apparent low bidder. The Engineer's estimate is $350,000.00. The Parks Director requests Council accept the base bid from Clements Brothers, Inc. for improvements to Glenn Nelson Park in the amount of$278,745.00, plus Washington State Sales Tax and amend the budget to include 10% contingency. 3. EXHIBITS: Bid tab 4. RECOMMENDED BY: Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember ""Wn seconds to accept the bid from Clements Brothers, Inc., authorize the Mayor to enter into an agreement for$278,745,plus tax, and amend the budget to includebl0% contingency. DISCUSSION: ACTION: Council Agenda Item No. 8C � \ 0 20 j c) L ' k \ � O @ ~ 0 0 0 C \ W k k k o © @ ^ k w 2 Gq 64 2 g @ QU _ U) LU ° w 22 m c LLI2 3 0 00 o a R ° 0 w 4) o \ k 0 k E ° U J ■ r o n o 2 _ � 2 K 7 k z © ■ m _ . ■ � \ � k @ 00 E a ■ 0 � Q0 \ eo / o 0 0 m zca e § a R o R o o z z \ ° � 7 0 \ k £ § < < 2 § � � 2 2 m k @ w � CL Q $ � � § / R o_ wI f � Ma _ w ■ �� f0 E ■ \ z e @ co a. E CD \ c> \ -0 @ w $ / ? / ■ z � �_ - w 0) CD co 2 . f 2 � � 0 $ C 2 d q q 69 2 ° \ $ @ U d 2 Cl. f ( / k _Ile B 3 / / \ L) � � k e�\ EL 7 a \ 4 \ \ k 4 § + W� COu0- � £ ¢ ■ QG .. c R § ° ° � � kc k / k 2 8k 0w ° o -a > % = c � @ FF m Q = oLas -1ml 2 2 � / aw � REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PARKS AND HUMAN SERVICES COMMITTEE G. ADMINISTRATIVE REPORTS S 15. rvi.v�, �oss-rble REPORTS FROM SPECIAL COMMITTEES OPERATIONS COMMITTEE MINUTES MAY 18, 2004 jCommittee Members Present: Chair Tim Clark, Julie Peterson and Bruce White The meeting was called to order by Tim Clark, Chair at 4:03 p.m. APPROVAL OF MINUTES DATED MAY 4,2004 Bruce White moved to approve the minutes of the May 4, 2004, Operation Committee meeting. The motion was seconded by Julie Peterson and passed 3-0. APPROVAL OF VOUCHERS DATED MAY 14,2004 Finance Director Bob Nachlinger presented the vouchers for May 14, 2004, for approval Julie Peterson moved to approve the vouchers dated May 14, 2004. Bruce White seconded the motion,which passed 3-0. BIENNIAL BUDGET ADOPTION ORDINANCE I Finance Director Bob Nachlmger presented the Biennial Budget Adoption Ordinance which was previously brought before the Operations Committee on May 4, 2004, at which time the Committee moved to bring the Biennial Budget Ordinance back to the next meeting on May 18, 2004. Operations Committee members addressed their comments and concerns regarding the Biennial Budget Adoption Ordinance. Bruce White moved to recommend that the Operations Committee approve and forward this Biennial Budget Adoption Ordinance to the City Council meeting of June 1, 2004. There was no second of the motion. The motion failed with only White in favor. RESOLUTION IN SUPPORT OF THE DONATION OF THE 105 BUILDING TO THE KENT PARKS FOUNDATION Chief Administrative Officer Mike Martin presented the Resolution in Support of the Donation of the 105 Building to the Kent Parks Foundation. Mr Martin advised that the Kent Parks Foundation is currently in discussions with Don Shaffer, the owner of the building commonly known as the 105 Building, which is located at the corner of Smith and I" Avenue in downtown Kent Mr Shaffer is considering donating this building to the Kent Parks Foundation. If the property is donated, the Kent Parks Foundation would hope to revitalize the property for the benefit of our downtown parks and historic area. RESOLUTION IN SUPPORT OF THE DONATION OF THE 105 BUILDING TO THE KENT PARKS FOUNDATION (CONT'DJ While the building owner owns the building, he does not own the property on which the building rests. The land is owned by the Burlington Northern and Santa Fe Railway Company and is leased to the building owner based upon a month-to-month lease. Donation of the building, however, only becomes a good idea for the Kent Parks Foundation if a long term ground lease can be obtained from the Burlington Northern and Santa Fe Railway Company. The building owner and the Kent Parks Foundation are pursuing this discussion with Burlington Northern and Santa Fe Railway Company and are requesting the City Council's assistance in the form of a resolution. Mayor White sent a letter to Burlington Northern and Santa Fe Railway Company, however, at the time of the meeting no response had been received. Julie Peterson moved to recommend the City Council adopt the proposed resolution requesting the Burlington Northern and Santa Fe Railway Company extend its month-to- month ground lease to a long-term ground lease for the 105 Building in the event the building owner donates the building to the Kent Parks Foundation. Bruce White seconded the motion,which passed 3-0. IThe meeting was adjourned at 4:36 p.m Renee Cameron Operations Committee Secretary 1 t 1 Parks and Human Services Committee Minutes May 20, 2004 Committee Members Present Debbie Raplee, Deborah Ranniger Committee Members Absent Chair Julie Peterson Other Council Present Ron Harmon Councilmember Ranniger called the meeting to order at 4 08 p m Councilmember Ron Harmon sat in for Julie Peterson to reach a quorum 1 Approval of Minutes of April 15, 2004 Councilmember Raplee moved to approve the minutes of April 15, 2004 Councilmember Hanson seconded and the motion carried 2 Washington State Department of Natural Resources Grant for Glenn Nelson Park Forest Planting Proiect -Accept and Amend Budget Superintendent of Parks Planning and Development Lori Flemm reported that staff applied for and received a grant from the Department of Natural Resources to purchase replacement trees at Glenn Nelson Park, which is located off Military and 168th Street Students from Totem Junior High science class will assist in planting the new trees The old trees will be chipped and used as mulch throughout the park system Councilmember Raplee moved to recommend Council accept the Washington State Department of Natural Resources Urban and Community Forestry Program grant for $3,530 00 and authorize expenditure of funds to support the Forest Planting Project at Glenn Nelson Park Councilmember Harmon seconded and the motion carried 3 Interagency Committee for Outdoor Recreation (IAC) Grant for Kent Memorial Park - Accept and Amend Budget jSuperintendent of Parks Planning and Development Lori Flemm stated that the IAC grant will fund improvements at Kent Memorial Park that include replacement of existing perimeter fencing, worn out backstops, old bases and adding a sod amend to reduce standing water on the field from heavy rains The grant will be matched with REET and in-kind labor Councilmember Raplee moved to recommend Council accept the Youth Athletic Facility Program grant for $25,000 00 and authorize expenditure of funds to support improvements at Kent Memorial Park Field No 1 Councilmember Harmon seconded and the motion carried 4 Interagency Committee for Outdoor Recreation (IAC) Grant for Glenn Nelson Park Improvements - Accept and Amend Budget Superintendent of Parks Planning and Development Lori Flemm informed the committee that funds from the IAC grant will pay for improvements at Glenn Nelson Park such as ADA field access, irrigation, soccer field surface replacement and new perimeter fencing The grant was generated by the Paul Allen Foundation, dedicated to youth athletics Councilmember Raplee moved to recommend Council accept the Interagency Committee for Outdoor Recreation Youth Athletic Facility Program grant for $56,624 00 and authorize expenditure of funds to support improvements at Uplands Playfield Park, Councilmember Harmon seconded and the motion carried 5 Interagency Committee for Outdoor Recreation Grant for Uolands Playfield Maintenance Project- Accept and Amend Budget Superintendent of Parks Planning and Development Lori Flemm reported that the IAC grant will pay for improvements to Uplands Playfield including ADA field access, irrigation and new perimeter fencing Councilmember Raplee moved to recommend Council accept the Interagency Committee for Outdoor Recreation Youth Athletic Facility Program grant for $25,000 Uplands Playfield Park Councilmember Harmon seconded and the motion carried 6 Resolution for Grant Application to the Interagency Committee for Outdoor Recreation (IAC) for East Hill Park Development- Adopt Superintendent of Parks Planning and Development Lon Flemm explained that the IAC requires a resolution as well as City Council approval to apply for grants If the grant is awarded, it will finance additional elements to the East Hill Skate Park plan, generated by the donation of 1 acre of land from Arbor Village Additional amenities include areas for Bocci ball and shuffleboard, irrigation, a gazebo, garden beds and supplementary trails A public meeting was held on May 19, to gather supplementary features for the park from citizens located within the 240th and 116th area Some requests were to add a second drinking fountain, more lighting for the park, a bike path along 116th Ave, and extra seating for visitors watching the sport court Councilmember Raplee moved to recommend Council adopt the Interagency Committee for Outdoor Recreation Resolution in pursuit of funding the development of East Hill Skate Park Councilmember Harmon seconded and the motion carried The meeting adjourned at 4 30 p m I I PUBLIC SAFETY COMMITTEE MEETING MINUTES May 20, 2004 COMMITTEE MEMBERS: Debbie Raplee, Les Thomas, Deborah Ranniger,Chair The meeting was called to order by Deborah Ranmger at 5 OOPM 1. Approval of Minutes of April 15,2004 Les Thomas moved to approve the minutes of the April 15,2004 meeting. The motion was seconded and passed 3-0. 2. Criminal Code Updates-Ordinance-Adopt Deputy City Attorney Patrick Fitzpatrick reviewed the proposed changes and additions. Debbie Raplee moved to recommend the City Council adopt the proposed Ordinance amending Ch.9.02 of the Bent City Code to update the reference to various criminal state laws in the Revised Code of Washington and to adopt by reference three additional laws relating to sex offender registration, eyberstalking and the duties of trustees in lawsuits. The motion was seconded and passed 3-0. I3. Recreational Vessel Regulations-RCW Amendments Ordinance—Adopt Deputy City Attorney Patrick Fitzpatrick explained the changes Les Thomas moved to recommend that the City Council adopt the proposed ordinance that declares an emergency to revise chapter 4.06 of the Kent City Code relating to recreational vessel regulations to ensure consistency with chapters 88.02 and 79.A60 RCW. The motion was seconded and passed 3-0. 4. Proposed Fireworks Resolution-Adopt Police Chief Ed Crawford and Deputy City Attorney Patrick Fitzpatrick reviewed the proposed resolution Chief Crawford explained enforcement plans for this Fourth of July, spoke about last year's serious fires and incidents involving fireworks.spoke about the range of penalties for citations that could be charged for illegal discharging of legal fireworks and the possession of illegal fireworks. He explained that banners and signs with slogans would appear throughout the city coinciding with the sale date of fireworks and that Fire and Police would team together to put Fire personnel in patrol cars with Police Officers for enforcement on July 4"'. Officer Paul Petersen displayed a large 1 replica of an illegal firework for use in public education Chief Crawford answered questions from committee members and indicated that theie would be an assessment of this year's activities and enforcement presented to the Committee at a later meeting Chief Crawford emphasized that the only time to discharge legal fireworks in the City of Kent is on July 4'h only,from 9a.m. to 1 1p.m Debbie Raplee and the other committee 1 1 members thanked the Police,Fire and the City Attorney's office for bringing together a resolution with the elements they had requested. Debbie Raplee moved to recommend the City Council adopt the proposed resolution which resolves to educate the public regarding the dangers of fireworks,for the police to aggressively enforce the City's fireworks ordinance,to encourage the public's responsible use of fireworks,and to establish an amnesty program for the public to turn in illegal fireworks. The motion was seconded and passed 3-0. The meeting adjourned at 5:41 PNI. Jo Thompson i 1 t 1 1 1 1 Public Safety Committee Minutes May 20,2004 PUBLIC WORKS COMMITTEE MINUTES June 7, 2004 COMMITTEE MEMBERS PRESENT. Chair Bruce White, Ron Harmon, Debbie Raplee The meeting was called to order by Committee Chair Bruce White at 5.02 P.M fiApproval of Minutes Dated May 17,2004 Committee Member Ron Harmon moved to approve the minutes of May 17, 2004 The motion was seconded by Committee Member Debbie Raplee and passed 3-0. Kent Bicycle Advisory Board - Information 1 David Hoffman, 25334 45 Avenue South, Kent, Secretary of the Kent Bicycle Advisory Board introduced the recommendation packet from the Bicycle Board for the 2005 —2010 Transportation Improvement Plan Any questions the Committee may have regarding the packet should be relayed through William Osborne, City of Kent Planning. Don Wickstrom said Public Works would respond to the suggestions. Interlocal Agreement with Drainage District No. 1 regarding Springbrook Creek l Culvert Replacement-Authorize Don Wickstrom said Drainage District No 1 is sharing in the cost of the S. 192°d St/Springbrook Creek Culvert Replacement project. Drainage District No. 1 has authorized $50,000 for this project. Ron Harmon moved to recommend the Council authorize the Mayor to sign the Interlocal agreement between the City of Kent and Drainage District No. 1 of King County upon concurrence of the language therein by the City attorney and Public Works Director,authorize staff to accept the money and establish a budget for the funds to be spent within said project. The motion was seconded by Debbie Raplee and passed 3-0. Interlocal Agreement with Drainage District No. 1 regarding Springbrook Creek Restoration Protect-Authorize Don Wickstrom said Drainage District No. I is sharing in the cost of the Springbrook Creek Restoration Project. Drainage District No 1 has authorized $150,000 for this project Debbie Raplee moved to recommend the Council authorize the Mayor to sign the Interlocal agreement between the City of Kent and Drainage District No. 1 of King County upon concurrence of the language therein by the City attorney and Public Works Director,authorize staff to accept the money and establish a budget for the funds to be spent within said project. The motion was seconded by Ron Harmon and passed 3-0. 2 Upper Meridian Valley Creek Improvements Protect Purchase of Property at 23808 132"0 Ave. SE -Authorize Public Works Director Don Wickstrom said a negotiated settlement has been reached for this parcel which is required for the construction of the Upper Meridian Valley Creek Improvements project. The Public Works Department is recommending Council approve this purchase Ron Harmon moved to recommend authorization to full Council for the purchase of property at 23808 132"d Ave. S.E. The motion was seconded by Debbie Raplee and passed 3-0. Interlocal Agreements with Federal Way and Milton to Provide Fleet Services- Authorize Public Works Director Don Wickstrom said the Cities of Federal Way and Milton have requested that the City of Kent Fleet Services perform maintenance and repair to the fleet 1 of each jurisdiction. The City of Kent will receive revenues which not only offsets the cost of providing the services but will also enhance services provided to its own fleet. Larry Blanchard, Public Works Operations Manager stated that both Cities have had the Kent Fleet Services work on their equipment in emergency situations and have been very happy with the work. There is a particular interest for radio equipment and new unit set up which Kent has highly qualified radio and maintenance repair technicians There will be a semi-annual review on the agreement Debbie Raplee moved to recommend the City Council authorize the Mayor to sign two separate interlocal agreements to provide fleet services to the Cities of Federal Way and Milton as requested along with authorizing and establishing the 2004 budget and personnel for same. The motion was seconded by Ron Harmon and 1 passed 3-0. Green Duwamish Restoration Project-Authorize Don Wickstrom this agreement would be a one time agreement with the consultant to try to secure federal appropriations for construction of several environmental projects. Thompson Smitch Consultant Services has been used in the past for the HCP project Ron Harmon moved to recommend the Council authorize the Mayor to sign the Consultant Services Agreement between the City of Kent and Thompson Smitch Consulting Group,Inc. for the Green Duwamish Restoration Project upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Debbie Raplee and passed 3-0. Amend City Code Section 9.38.060 Don Wickstrom stated that the Sounder Garage is now open and available for use so the Public Works Department is recommending a 2 hour parking restriction be placed on the east side of Railroad Avenue between Smith Street and James Street. Committee Chair Bruce White asked what hours the garage is open, City Attorney Tom Brubaker said he would follow up on that Debbie Raplee moved to recommend the Council adopt the proposed ordinance which amends Section 9.38.060 of the Kent City Code to add an additional two (2) t 3 hour parking zone for that portion of Railroad Avenue between Smith Street and James Street. The motion was seconded by Ron Harmon and passed 3-0. Charge in Lieu of Assessment—LID 352 Don Wickstrom said the Corp of Engineers has relinquished its wetland designation on these parcels and although the City has not seen any official documentation on this if that is the case and the land is developed the City would be allowed to recuperate its cost from these properties. Debbie Raplee moved to authorize the Public Works Department to establish a charge in lieu of assessment for storm sewer connection for the affected properties as shown on the attached map. The motion was seconded by Ron Harmon and passed 3-0. Quit Claim Deed Dedication for a Portion of 128`h Ave. S.E. Don Wickstrom stated Highland Park development deeded property to the City along 128 h Avenue SE part of which should have been dedicated right of way. District#11 l watermatn was extended along 128th Avenue SE and to service the mains District#111 needs easements on this property The Public Works Department is recommending granting easement on the northerly portion of the property and Quit Claiming the westerly portion of the property as road right of way. Ron Harmon moved to recommend authorizing the Mayor to execute a Quit Claim Deed turning a portion of City property in the vicinity of 128`h Avenue SE and SE ' 266`h Street into street right of way for 128`h Avenue SE and also authorizing the Mayor to grant Water District#111 an easement on a portion of the balance of City property for water utility purpose subject to the City Attorney and Public Works Director's concurrence of the language location and terms of the easement. The motion was seconded by Debbie Raplee and passed 3-0. Release Utility Easement Rights Reserved per Ordinance No. 585-Approve Don Wickstrom said the Public Works Department has received a request to release easement rights reserved as a condition of an alley vacation via Ordinance# 585 which was passed in 1929. There are no utilities in this area and so no need for this easement The Public Works Department recommends releasing the easement upon receiving just compensation. Debbie Raplee moved to authorize the Mayor to release utility easement rights reserved as a condition of an alley vacation via Ordinance#585 upon the City being compensated for the fair market value thereof. The motion was seconded by Ron Harmon and passed 3-0. Pacific Highway HOV Proiect Appraisal & Negotiation Service Contract-Approve Don Wickstrom said under the City's procurement policy consultant service contracts for $25,000 or more excluding those associated with Architectural and Engineering services require council concurrence in order to be binding. The Public Works Department recommends that the Mayor be authorized to sign these service contracts. Ron Harmon moved to authorize the Mayor to sign the Consultant Services Agreement for right of way/easements acquisition appraisals with the Eastman 1 r 4 Company and a Consultant Services Agreement with Certified Land Services and Lane and Associates. The motion was seconded by Debbie Raplee and passed 3-0. The meeting adjourned at 5:45 P.M. Janet Perschek Administrative Assistant I 1 f 1 r 1 1 1 r r ■ CONTINUED COMMUNICATIONS A. gob 7:Z -7 F c? 20 o Z -77, (�3 w, Z d cj 3 �, &L/ , �f 7� EXECUTIVE SESSION A) Property Negotiations ACTION AFTER EXECUTIVE SESSION Sir-, 1