HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/03/2004 i
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1 City of Kent
CityCouncilMeeting
Agenda
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5:00 p.m.
August 3, 2004
Mayor Jim White
Julie Peterson, Council President
Councilmembers
i Tim Clark Debbie Raplee
Ron Harmon Les Thomas
Bruce White Deborah Ranniger
1 KENT
WASHINGTON
1 City Clerk's Office
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SUMMARY AGENDA
KENT CITY COUNCIL MEETING
KEN T August 3, 2004
W A S H I N G T O N Council Chambers
5:00 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
4. PUBLIC COMMUNICATIONS
A. Employee of the Month
B. Introduction of Appointees
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting —Approve
B. Payment of Bills—Approve
C. Teamsters Laundry and Uniform Contract—Authorize
D. Vehicle and Equipment Surplus—Authorize
E. Second Quarter Fee-in-Lieu Funds—Accept and Amend Budget
F. Interlocal Agreement with the City of Auburn for Home Repair Services—
Authorize
G. Washington State Department of Community, Trade and Economic Development
Allocation for Clark Lake Park—Accept and Amend budget
H. References to Abatement of Dangerous Buildings, ance—Adopt 3 70 t
I. Boeing Development Agreement Hearing Date
J. Advanced Life Support S ce Re lution—Adopt/6 81
K. Preventable Fire Alarm Or ' ance—Adopt 3 7 0 l
L. Disposal of Surplus Equipment—Authorize
M. LID 355 Final Assessment Roll— Set Public Hearing Date
N. LID 356 Final Assessment Roll—Set Public Hearing Date
O. LID 357 Final Asses Roll—Set Public Hearing Date
P. Ruth Wiren Rezda
ance—Adopt 176 g
Q. Kentara Rezoneance—Adopt 3 7 o 't
R. S. 228 h St. Corridor Stone Columns Project—Accept as Complete
S. 114d' Avenue Street Improvements Bill of Sale—Accept
T. Inmate Booking Fees and Medical Care Costs rd' ance—Adopt 310 5
U. Human Services Commission Appointment—Confirm
V. Arts Commission Appointment—Confirm
(continued next page)
SUMMARY AGENDA CONTINUED
' 7. OTHER BUSINESS
None
8. BIDS
A. 4th Avenue and Ramsay Way Intersection Improvements—Award
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A Pencli nq L 4' 8�m
12. ADJOURNMENT J
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) EMPLOYEE OF THE MONTH
B) INTRODUCTION OF APPOINTEES
CONSENT CALENDAR
1 6. City Council Action:P4V-rwM
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through V.
Discussion --V
Action ymc.-�-
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of July 20, 2004.
6B. Approval of Bills.
Bills and checks have not been approved for payment at this time.
Council Agenda
Item No. 6 A-B
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KEN T Kent City Council Meeting
WAl NINOTON July 20, 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, Peterson, Ranniger, Raplee, Thomas and White.
(CFN-198)
CHANGES TO AGENDA
A From Council,Administration, or Staff. (CFN-198) CAO Martin announced that an
Executive Session will not be required.
B From the Public. (CFN-198) Upon a request from Ted Kogita,Continued Communications
Item I IA regarding the budget meeting of July 15, was added
PUBLIC COMMUNICATIONS
A. Don Wickstrom 35th Anniversary Presentation. (CFN-198) Public Works Director
Wickstrom was commended for his work and presented with a plaque.
B. Economic Development Update. (CFN-198) Economic Development Manager Torgelson
gave an update on economic development in the City, including Kent Station and new
warehouses.
C National Night Out. (CFN-155) Mayor read a proclamation inviting citizens to participate in
National Night Out. Chief Crawford explained the program.
D Financial Report. (CFN-104) Finance Director Nachlinger gave a brief report on sales tax.
CONSENT CALENDAR
PETERSON MOVED to approve Consent Calendar Items A through O. Clark seconded and the
motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of July 6,
2004 were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through May 28 and paid on
May 28 after auditing by the Operations Committee on July 6, 2004 was approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
5/28/04 Wire Transfers 1715-1724 $ 786,473.56
5/28/04 Prepays & 563308 485,549.48
5/28/04 Regular 563859 2,044,654.82
$3,316,677.86
Kent City Council Minutes July 20, 2004
Payment of the bills received through June 15 and paid on June 15 after auditing by the Operations
Committee on July 6, 2004 was approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/15/04 Wire Transfers 1725-1742 $1,685,933.36
6/15/04 Prepays & 563860 1,340,128.55
6/15/04 Regular 564658 2,048,102.26
$5,074,164.17
Payment of the bills received through June 30 and paid on June 30 after auditing by the Operations
Committee on July 6, 2004 was approved.
Approval of checks issued for vouchers: ,
Date Check Numbers Amount
6/30/04 Wire Transfers 1743-1754 $ 920,989.89
6/30/04 Prepays & 564659 238,357.22
6/30/04 Regular 565173 2,969,481.28
$4,128,828.39
Approval of checks issued for payroll for May 1 through May 15 and paid on May 20, 2004:
Date Check Numbers Amount
5/20/04 Advices 164003-164662 $1,179,961.50
5/20/04 Checks 277072-277392 224,685.03
5/20/04 Interim Checks 277393 366.30
5/20/04 Voids 276955 366.30)
$1,404,646.53
Approval of checks issued for payroll for May 16 through May 31 and paid on June 4,2004:
Date Check Numbers Amount
6/4/04 Advices 164663-165324 $1,178,954.30
6/4/04 Checks 277394-277676 218,696.39
6/4/04 Interim Checks 277677-277678 383.91
Voids (179.39) i
$1,397,855.21
Approval of checks issued for payroll for June 1 through June 15 and paid on June 18,2004:
Date Check Numbers Amount
6/18/04 Advices 165325-165984 $1,202,669.04
6/18/04 Checks 277679-277975 227,188 83
$11429,857.87
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Kent City Council Minutes July 20, 2004
Approval of checks issued for payroll for June 16 through June 30 and paid on July 2,2004:
Date Check Numbers Amount
7/2/04 Advices 165985-166644 $1,202,859.20
7/2/04 Checks 277976-278284 250,038.96
712/04 Interim Checks 278285-278286 1,50493
$1,454,403.09
C. Churches in Ml MI-C, And CM-1 Zoning Districts Zoning Code Amendment
Ordinance. (CFN-131) Ordinance No. 3699 amending Section 15.04.090 of the Kent City Code
to add churches as special permit uses in CM-1, Commercial Manufacturing-1; Ml, Industrial
Park; and M1-C Industrial Park—Commercial zoning districts was adopted.
D. Hazardous Substance Land Use Facilities Zoning Code Amendment Ordinance.
(CFN-131&205) Ordinance No. 3700 amending Section 15.08.050(D)(9) of the Kent City Code
which relates to hazardous substance or waste to be consistent with the recently adopted
International Fire Code was adopted.
E. 2004 Comprehensive Plan Update Ordinance. (CFN-377) Ordinance No. 3698 relating to
the 2002-2004 Comprehensive Plan Update(CPA-2002-1),which amends the City of Kent
Comprehensive Plan in compliance with the requirements of the Growth Management Act was
adopted.
F. Brookside Court Final Plat. (CFN-1272) The Final Plat Mylar for Brookside Court was
approved and the Mayor was authorized to sign the Mylar.
G. Council Meeting Time Change. (CFN-198) The time of the August 3, 2004 City Council
meeting was changed from its regular meeting time of 7:00 p.m. to 5.00 p.m.
H. Group Health Cooperative 2004 Contract. (CFN-147) The Mayor was authorized to sign
the 2004 Group Health Cooperative of Puget Sound contract for the City's insured HMO plan
I. Nationwide Deferred Compensation (457) Program. (CFN-147) The Mayor was
authorized to sign the amended Plan Document implementing the deferred compensation(457)
loan program option for employees and delegating certain administrative duties regarding loans to
Nationwide.
J. International City/County Managers Association (ICMA) Administrative Services
Agreement. (CFN-147) The Mayor was authorized to sign the amended ICMA-RC Deferred
Compensation(457) Plan Administrative Services Agreement for a five year administration
services agreement beginning on the execution date and ending 5 years after the execution date,
reducing the plan administration fee to .29%.
K. Westview Terrace Sewer Extension Bill of Sale. (CFN-484) The Bill of Sale for Westview
Terrace Sewer Extension was accepted.
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Kent City Council Minutes July 20, 2004
L. Pineridee Subdivision Infrastructure Improvements Bill of Sale. (CFN-484) The Bill of
Sale for Pinendge Subdivision Infrastructure Improvements was accepted.
M McKenna Meadows Infrastructure Improvements Bill of Sale. (CFN-484) The Bill of
Sale for McKenna Meadows Subdivision Infrastructure Improvements was accepted
N. Chelmsford Subdivision Infrastructure Improvements Bill of Sale. (CFN-484) The Bill
of Sale for Chelmsford Subdivision Infrastructure Improvements was accepted.
O Garrison and East Hill Well Proiect. (CFN-1038) The Garrison and East Hill Well project
was accepted as complete and release of the retainage to Hokkaido Drilling, Inc. upon standard
releases from the state and release of any liens was approved.
OTHER BUSINESS
A. Ruth Wiren Rezone. (CFN-121) The request by Ruth Wiren is to rezone 3 97 acres of
property from SR-4.5, Single Family Residential, to SR-6, Single Family Residential The
property is located at the northwest corner of 136"'Avenue SE and SE 253d Street The Kent
Hearing Examiner held a public hearing on June 16, 2004, and issued Findings, Conclusions and a
Recommendation for approval on June 30, 2004. Sharon Clamp of Planning Services explained
the project and said staff recommends approval. It was clanfied that access issues are related to
plats rather than rezones. CLARK MOVED to accept the Findings, Conclusions and Decision of
the Hearing Examiner on the Ruth Wiren Rezone and to direct the City Attorney to prepare the
necessary ordinance White seconded and the motion carried.
B. Kentara Rezone. (CFN-121) The request by Ken Peckham is to rezone 6.4 acres of property
from SR-4.5, Single Family Residential, to SR-6, Single Family Residential The property is
located south of the intersection of 1041h Avenue SE and SE 272"d Street. The Kent Hearing
Examiner held a public hearing on June 9, 2004, and issued Findings, Conclusions and a Recom-
mendation for approval on June 23, 2004. Matt Gilbert of Planning Services explained the project
and answered questions from Council members. CLARK MOVED to accept the Findings,
Conclusions and Recommendation of the Hearing Examiner on the Kentara Rezone and to direct
the City Attorney to prepare the necessary ordinance. White seconded and the motion carried.
BIDS
A. 2004 Traffic Stripine. (CFN-1162) The bid opening for this project was held on July 2,
2004, with four bids received. The low bid was submitted by Stripe Rite, Inc. in the amount of
$42,190.00. The Engineer's estimate was $44,467.00. The Public Works Director recommends
awarding the contract to Stripe Rite, Inc. in the amount of$42,190.00. WHITE MOVED to
authorize the Mayor to enter into a contract to award the 2004 Traffic Striping contract to Stripe
Rite, Inc. in the amount of$42,190.00. Clark seconded and the motion carried.
REPORTS
A. Council President. (CFN-198) Peterson announced that there will be no workshop on
August 3rd and that the Council meeting will be held at 5:00 p.m. rather than 7:00 p.m. due to
National Night Out.
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Kent City Council Minutes July 20, 2004
! B Operations Committee. (CFN-198) Clark reminded Council members of the quarterly
Suburban Cities meeting in August.
C. Public Safety Committee. (CFN-198) Ranniger said the next Public Safety Committee will
be on August 19th and that there will be discussion on the proposed Motorized Wheeled
Transportation Device ordinance
CONTINUED COMMUNICATIONS
A. Budeet MeetinE. (CFN-198) Ted Kowta, 25227 Reith Road, expressed concern about
raising taxes as discussed at a meeting on July 15.
ADJOURNMENT
At 7:55 p.m.,PETERSON MOVED to adjourn. Thomas seconded and the motion carried
Brenda Jacober, CMC
City Clerk
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Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: TEAMSTERS LAUNDRY AND UNIFORM CONTRACT—
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to enter into a laundry and
uniform contract with Cintas Corporation to provide the City of Kent with uniform and
laundry services for various employees in the normal scope of their employment. The
contract under consideration is with the Cintas Corporation in the amount of
$246,301.78 for a period of 3 years commencing on the date of execution, with a
possible extension for an additional 1-year period.
3. EXHIBITS: Contract
4. RECOMMENDED BY: Operations Committee 7/20/04
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue? —
Currently in the Budget? Yes X No
If no:
j Unbudgeted Expense: Fund General Amount $246,301.78
j Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
FINANCE
R. J. Nachlmger, Director
Phone 253-856-5260
0 Fax 253-856-6255
KENT
WASHINGTON Address 220 Fourth Avenue S
Kent,WA 98032-5895
July 20, 2004
TO: Kent City Council Operations Committee
FROM: Bob Nachlmger, Finance Director
Tom Vetsch, Customer Services/Purchasing Manager
Patty Roseto, Sr. Analyst, Purchasing
THROUGH Mike Martin, Chief Administrative Officer
SUBJECT: Teamsters Laundry and Uniform Contract
Motion: I move to recommend that the Operations Committee approve the Laundry
and Uniform Contract with Cintas Corp. and forwarded it to the City Council for
consideration.
Summary: The City of Kent provides uniforms and laundry services to various employees in
the normal scope of their employment. The contract under consideration is with the Cintas
Corporation in the amount of $246,301 78 for a period of 3 years commencing on the date of
execution. Upon mutual written consent, the Contract may be extended on a month to month
basis, for additional 1-year penod. During extension periods, all terns and conditions of the
existing Contract shall remain in effect except those amended for the extension penod The total
duration of the Contract, including any additional penods, shall not exceed four (4) years. We
believe this contract offers the opportunity to partner and leverage the expertise and services of
both the City of Kent and Cintas Corporation in meeting our Clothing and Laundry needs.
FINANCIAL ANALYSIS: Laundry contract is approximately $ 245,000 to $265,000over a
penod of (3) three years. The purpose of the Request for Proposal is to provide a method of
reviewing the clothing and laundry services available for meeting our Teamsters Contract with
various departments throughout the City. Three companies submitted proposal are listed below:
VENDOR LIFE OF THE CONTRACT
Cintas $ 246,301.78
Unifirst $ 264,877.17
Overall $ 228,617.62
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PROCESS: Purchasing Department recently advertised for Laundry and Clothing services by
use of a Request for Proposal Process Notice was given submrt proposals to the Purchasing
Department for a Laundry Services in meeting our Teamsters Contract agreement with the City.
The Laundry Committee was formed with members from the Finance Purchasing Department
and Management representatives from Public Works, Parks, Golf, Facilities, Human Services
and Meter Services.
OBJECTIVES AND REQIREMENTS: j
1. Vendor should meet specifications outline m the Request for Proposal process and
in line with the City of Kent and Teamsters Collective Barging Agreement.
2. Evaluate vendor pricing and recognize any addition cost over the life of the
contact.
3. Review vendor's proposals,products, and ability to deliver required services
4. Check references on all services to be provided.
5. Review alternatives provided from vendors and considered benefits to all parties
concerned.
6. Meet negotiated terms of the Teamsters and Employee Service Agreement.
7 Consider quality and pricing in comparison to services being provided from all
vendors.
8. Review administrative cost to Teamsters and City departments as part of the
overall selection process. Billing services, ordering, delivery, repair, and other business
practices offer to meet a high level of customer services to City departments
9. Meet City statement of non-discrimination in employment opportunities, Vendor
Federal Tax Identification Number, Non Collusion Certificate as part of the Request for Proposal
standards. Any such statements or tax information is not on file; such materials shall be
provided upon request of the City.
10 We believe this contract offers the opportunity to meet the City of Kent goods and
services for the Teamsters Contract. Cost of Customer Services plays a major role in the final
decision. Poor service has resulted in increased man-hours reconciling discrepancies such as
missing items,pncmg problems, incomplete order,etc.
11. In the past, Field Supervisors have been pulled away from their regular duties to
help straighten out these problems. Our current vendor Cmtas, however, has exhibited excellent
service over the last three years and has all but eliminated any of the hassles we previously
experienced with this contract.
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CONCLUSION• Even though we are recommending not the lowest cost proposal the
committee strongly recommends Cintas Corporation for the final contract agreement for the
following reasons:
1. Committee looked at the vendor's ability to deliver the following services
Criteria involved the pricing, ordering, delivery; cleaning, repair, fit and alterations of garments
were part of the evaluation requirements.
2. Cintas Corporation manufactures its own garments Which has been demonstrated
to be a vital part over the life of the contract? Feed back from the following City departments
was also considered: Public Works, Engineering, House & Human Services, Parks & Facilities,
Golf and Finance Meter Services.
3. Cintas has been our current vendor for the past three years and departments were
extremely pleased with there cost, services and ability to deliver those services on a regular
basis. Some 175 to 200 citywide staff is under the Teamsters contract and the full impact to all
employees was part of the consideration and selection cntena
4 Overall quality, durability, comfort, manufacture and preference of uniforms by
Union representatives, management, and purchasing committee members were in agreement of
the company's selection
5 Review of our current contract with Cintas reduced the cities overall cost and
trade out expense during the last three years. We experienced reduced trade out of purchased
garments and reduce cost to the city departments
6 Administrative cost was also considered as part of the final selection criteria City
staff experienced timely invoice processing, reduced billing adjustments, and improved daily
ordering, delivery and services provided by vendor representatives.
SCHEDULE OF EVENTS.
To the City Clerk- South County Journal March 15'h&22"d,2004
Mailmg of RFP's March 17, 2004
Pre-Conference March 31,2004
RFP Deadline April 16, 2004
Committee Review May 15,2004
Teamsters Review May 15, 2004
Operations June 15, 2004
Council Approval June 29, 2004
Contract Signing July 1, 2004
Uniform Fitting July 15, 2004
Uniform Ordering August 1, 2004
Uniform Delivery September 1, 2004
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KENT
W.5 NIx OT.Y
GOODS & SERVICES AGREEMENT
between the City of Kent and
CINTAS CORPORATION
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Cintas Corporation organized under the laws of the State of Washington, located
and doing business at 3501-A Industry Drive,Fife, Washington 98424 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for the
City-
Linen and Uniform Services: Effective August 1, 2004 through July 2007. Upon mutual written
agreement, the Agreement may be extended by one (1) year additional period, but it any event not to
exceed a total of four (4) years from the original efective date of this agreement. Includes all documents
as part of the Request for Proposal dated April 15`h, 2004 received from Cintas Corporation to the City
of Kent Purchasing Department.
IVendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods,materials,and services within 60 days of the signed Agreement.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $246,301.78 over
the 3 year period of the contract, based on the number and type of garments that are to be serviced
during this time frame, including applicable Washington State Sales Tax, for the goods, materials, and
services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to
the following schedule:
GOODS&SERVICES AGREEMENT- 1
(Between City of Kent and Cintas Corporation) (July 20.2004)
Cintas Corporation will be paid on a monthly basis for services provided to City i
Departements over a three year period. The total duration of the Contract including any
additional periods, shall not exceed four (4) years. Invoices wil be paid according to (30)
days after City's receipt and acceptance of the goods or completion and acceptance of the
services. Payment periods will be computed from either the date of delivery or all goods
ordered, the completion of all services, or the date of receipt of a correct invoice,whichever
date is later. This section is not intended to restrict partial payments that are specified in
the Agreement. No payment shall be due prior to the City's receipt and acceptance of the
items identified in the invoice thereof.
If the City objects to all or any portion of an invoice, it shall notify 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor
for any defective or unauthorized goods, materials or services. If Vendor is unable, for any
reason, to complete any part of this Agreement, the City may obtain the goods, materials or
services from other sources, and Vendor shall be liable to the City for any additional costs
incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Agreement price specified above.
The City further reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the Vendor.
B Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS,EXCEPT THOSE PREVIOUSLY AND PROPERLY
MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR
FINAL PAYMENT IS MADE
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Vendor 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.
VI. CHANGES.The City may issue a written change order for any change in the goods,materials or i
services to be provided during the performance of this Agreement. If the Vendor determines, for any reason,
that a change order is necessary, Vendor must submit a written change order request to the person listed in the
notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date
Vendor knew or should have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all
equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable
GOODS&SERVICES AGREEMENT-2
(Over$10,000 00, including WSST)
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adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either
1 a written change order from the City or an oral order from the City before actually receiving the written change
order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make
any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor
disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims,
below.
The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or(3)not protesting in the way this section provides. A change order that is accepted by Vendor as
provided in this section shall constitute full payment and final settlement of all claims for contract time and for
direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected
by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the
City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City
of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or
within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions
of this Agreement.
At a mimmum, a Vendor's written claim shall include the information set forth in subsections A, items 1
through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
THAT CLAIM OR CAUSED BY THAT DELAY.
A Notice of Claim Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim,
2. The nature and circumstances that caused the claim,
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Vendor is asserting a schedule change or disruption.
B Records. The Vendor shall keep complete records of extra costs and time incurred as a result of
the asserted events giving rise to the claim. The City shall have access to any of the Vendor's
records needed for evaluating the protest
GOODS&SERVICES AGREEMENT-3
(Over$10,000 00, including WSST)
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The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this Agreement
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also
waives any additional entitlement and accepts from the City any written or oral order (including
directions, instructions,interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the City
any written or oral order(includmg directions,instructions, interpretations, and determination).
VIII. 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 THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD
IX. WARRANTY. This Agreement is subject to all warranty provisions established under the
Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are
merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance
with their specifications and Vendor's representations to City. The Vendor shall correct all defects in
workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In
the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts
will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begm to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may
complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the
correction
X. 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 agamst 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
GOODS&SERVICES AGREEMENT-4
(Over$10,000 00, including WSST)
i
XI. INDEMNIFICATION. 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 fees, arising out of or in connection with the Vendor'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 Vendor's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER
' The provisions of this section shall survive the expiration or termination of this Agreement
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in the Certificate of Insurance Exhibit B attached and
incorporated by this reference
XIII. 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.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable A price preference
may be available for any designated recycled product.
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 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,
GOODS&SERVICES AGREEMENT-5
(Over$10,000 00, including WSST)
however, nothing in this paragraph shall be construed to limn the City's right to indemmficatron under Section
XI of this Agreement
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 Vendor.
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 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.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Prmt Name: Print Name: Jim White
Its Its Mayor
(Title)
DATE: DATE:
GOODS&SERVICES AGREEMENT-6
(Over$10,000 00, including WSST)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Jason Porter Thomas Vetsch
Cmtas Corporation City of Kent
631 Valley Ave NW 220 Fourth Avenue South
Puyallup WA Kent, WA 98032
253-231-8284 (telephone) (253)253-856-5200 (telephone)
253-926-4637 (facsimile) (253)253-856-6200 (facsimile)
APPROVED AS TO FORM:
Kent City Attorney
GOODS&SERVICES AGREEMENT-7
(Over S10,000 00, including WSST)
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 12 EFFECTIVE DATE- January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES. April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All j
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 nondiscnrmnation and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
terrnination 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.
EEO COMPLIANCE DOCUMENTS- 1
CITY OF KENT
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_ day of , 2004,
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 2004.
By
For.
Title.
Date-
i
EEO COMPLIANCE DOCUMENTS-2
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: VEHICLE AND EQUIPMENT SURPLUS —AUTHORIZE
2. SUMMARY STATEMENT: The Parks and Human Services Committee
recommends authorization for staff to dispose of surplus vehicles and equipment from
the Riverbend Golf Complex.
The surplus items are: Two 1988 Daihatsu trucks, a Toro Greensmaster Triplex Mower,
a 1988 SDI 100 Gallon Spray Tank& Boom and a Meter Matic Sod Master Topdresser.
The surplus vehicles and equipment have been identified as non-operational because
the life expectancy has exhausted, some of the parts are no longer available, or it would
cost more repair than to replace them.
3. EXHIBITS: Staff memo
4. RECOMMENDED BY: Parks & Human Services Committee and Parks Director
(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. 6D
PARKS, RECREATION AND HUMAN SERVIVES DEPARTMENT
John M Hodgson, Director
^60�004� Phone 253-856-5100
KENT Fax 253-856-6050
WASHINGTON Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: July 15, 2004
TO: City Council Parks Committee
FROM: Pete Peterson, Superintendent of Riverbend Golf Complex
THROUGH: John M. Hodgson, Director Parks, Recreation and Community Services
SUBJECT: Vehicle and Equipment Surplus at Riverbend - Authorize
MOTION: Move to recommend that Council authorize staff to dispose of surplus vehicles
and equipment at Riverbend Golf Complex.
tSUMMARY: The listed vehicles/equipment comply with current replacement policy guidelines All
of the equipment listed is non-operational, has exhausted the life expectancy and would cost
more to repair than to replace Some of the older equipment has parts that are no longer
available making them non-repairable Following is the list of surplus items
1. 1988 Diahatsu 43RO Truck. Type 4 1988 SDI 100 Gallon Spray Tank &
580LD-DRK. 25,867 miles VIN. Boom Model 1520-17-18.
JDA0005800OA305447 S/N 577638
2. 1988 Diahatsu 43RO Truck Type 5 Meter Matic Sod Master Topdresser
580LD-DRK. 29,833 miles Model F-6. S/N 662099
VIN• JDA00058000305427
3 Toro Greensmaster Triplex Mower.
Model 04650. S/N30237
EXHIBITS: None
iFISCAL IMPACT: N/A
i
iKent City Council Meeting
Date August 3, 2004
iCategory Consent Calendar
1. SUBJECT: SECOND QUARTER FEE-IN-LIEU FUNDS —ACCEPT AND
AMEND BUDGET
2. SUMMARY STATEMENT: The Parks and Human Services Committee
recommends Council accept $63,000.00 for the second quarter fee-in-lieu funds from
developers and authorize expenditure of funds to support park development projects.
Funds from Starwood Enterprises LLC, Mike Singh, Fairway Crest LLC, MYC, LLC
and Northward Homes will support 272°d Street Neighborhood Park Development,
Clark Lake Park Management Plan, Turnkey Park Development and Eagle Creek
Neighborhood Park Development.
3. EXHIBITS: Staff memo and City Revenue Report
4. RECOMMENDED BY: Parks & Human Services and Parks Director
i (Committee, Staff, Examiner, Commission, etc.)
1 5. FISCAL IMPACT
Expenditure? X Revenue? X
i Currently in the Budget? Yes No X
If no:
Amount Park Project Acct. No. Acct No.
$25,500.00 272'd Street Park P20013.56730 P20093
$6,150.00 Clark Lake Park Mgmnt. Plan P20013.56730 P20027
$14,100.00 Turnkey Park Development P20013.56730 P20037
17 250.00 Eagle Creek Park Dev. P20013.56730 P20056
$63,000.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
i
' PARKS, RECREATION AND COMMUNITY SERVICES
John M. Hodgson, Director
Phone 253-856-5100
Fax- 253-856-6050
KEN T Address 220 Fourth Avenue S
WASHINGTON Kent,WA 98032-5895
' DATE: July 15, 2004
TO: City Council Parks Committee
FROM: Lori Flemm, Superintendent of Parks Planning & Development
THROUGH: John M. Hodgson, Director Parks, Recreation and Community Services
SUBJECT: Second Quarter Fee-in-Lieu Funds-Accept and Amend Budget
MOTION: Move to recommend Council accept fee-in-lieu funds from Starwood Enterprises
LLC, Mike Singh, Fairway Crest LLC, MYC, LLC and Northward Homes in the amount of
$63,000.00 and authorize expenditure of funds to support the 272"d Street Neighborhood
Park Development, Clark Lake Park Management Plan, Turnkey Park Development and
Eagle Creek Neighborhood Park Development.
' SUMMARY: From April through June 2004, the City of Kent received a total of$63,000.00 from
developers Starwood Enterprises LLC, Mike Singh, Fairway Crest LLC, MYC, LLC and
Northward Homes, who voluntarily paid fees in lieu of dedicating park land or open space to
mitigate the development of single family homes at Starwood Subdivision, Starmeadow
Subdivision, Fairway Crest Subdivision, Ace's Acres Subdivision and Brookside Court
Subdivision
' City Ordinance 2975 requires developers to construct a park or leave open space in proximity to
new construction sites or qualify to pay"fee-in-lieu"funds. The obligation fee-in-lieu is based on
appraised value of the land, and is concluded during the plan review process. The City has five
' years from the date of deposit to spend these funds for park or open space acquisition,
development, or expansion. Fee-in-lieu of funds are used for projects at a park project closest to
the development.
' EXHIBITS: Copy of Finance Revenue Report
FISCAL IMPACT: Unbudgeted revenue and expenses as follows:
Revenue Expense
Amount Park Proiect Acct. No. Acct No.
' $25,500.00 2725d Street Park P20013.56730 P20093
$ 6,150.00 Claris Lk. Park Management Plan P20013.56730 P20027
$14,100 00 Turnkey Park Development P20013.56730 P20037
$17,250.00 Eagle Creek Park Dev. P20013.56730 P20056
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Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: INTERLOCAL AGREEMENT WITH THE CITY OF AUBURN FOR
HOME REPAIR SERVICES—AUTHORIZE
2. SUMMARY STATEMENT: The Parks and Human Services Committee
recommends authorization for the Mayor to execute the Interlocal Agreement with the
City of Auburn for the 2004 Home Repair Program.
The City of Auburn has requested the City of Kent continue to provide Home Repair
services to Auburn residents in 2004. An interlocal agreement outlining the services
and compensation would be entered into with the City of Auburn. The City of Auburn
would reimburse Kent for all costs associated with the program including an
administrative fee.
3. EXHIBITS: Staff report
4. RECOMMENDED BY: Parks & Human Services Committee and Parks Director
(Committee, Staff, Examiner, Commission, etc.)
1 5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Job #B003005 Amount $129,000.00
Unbudgeted Revenue: Fund Job #B003005 Amount $129,000.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
' Staff Report
Background
The City of Kent provided Home Repair Services funded by Auburn Community Development
Block Grant (CDBG) during 2003 to Auburn residents The City of Auburn was pleased with the
services and wishes to continue to contract with the City of Kent to provide services for the 2004
program year.
The City of Kent Home Repair Program will continue to provide:
• Minor Home Repair services to qualified Auburn residents.
• Major Home Repair services performed by contractors to qualified Auburn residents.
' Emergency Home Repair services performed by Home Repair staff and/or contractors
based on need.
• Monthly reports meeting all HUD Community Development Block Grant requirements.
To accomplish the above the Kent Home Repair Program will provide:
• Home Repair Specialist— 1.2 FTE
• Van
• Tools and materials
f • Administration based on 10% of the contract or$12,900
• Additional resource and referral services.
' • Monthly service reports and billings
' The City of Auburn will provide:
• Client referrals
' • Priority preferences for services
• Initial intake
• Loan processing
The City of Auburn will provide financial remuneration as follows:
• A one-year interlocal agreement for$129,000.00.
' 0 Reimbursement monthly for one-twelfth of the total grant equal to $10,750.00.
Program Outcomes and Performance Measures '
Outcomes
Increase the home safety of low and moderate-income homeowners.
Improved condition of the housing stock for low and moderate income homeowners.
Performance Measures '
40 Unduplicated City of Auburn clients
400 Minor home repairs
15 Major home repairs
Proposed Program Budget ,
The following budget is based on current knowledge of Home Repair Services provided in the City
of Kent and work completed in Auburn in prior year.
Cost Categories Total Budget
Item
Personnel Costs 71,446
Office/Operating Supplies 10,000
Consultant or Purchased Services 0 1
Construction Contracts/ Real Property 24,254
Communications and Advertisements 400 '
Travel and/or Training 0
Intra-Agency Support (i.e. administrative overhead) 12,900 ,
Capital Outlay- Construction 0
Other (Detail) (Vehicle Rental) 10,00
Total Project Costs 129,000
Staff Recommendation ,
Staff recommends the following: The City of Kent and the City of Auburn enter a one-year
interlocal agreement for Kent to provide Home Repair Services in the City of Auburn.
t AGREEMENT
Between The
CITY OF AUBURN,WASHINGTON
' AND
CITY OF KENT,WASHINGTON
' THIS AGREEMENT, entered into this day of 2004,between the City of
Auburn, State of Washington, and City of Kent,State of Washington.
WHEREAS,The City of Auburn is an entitlement applicant for Community Development Block Grant
(CDBG) funds under the Housing and Community Development Act of 1974(the Act), Pub. L. 93-383
as amended,and will receive CDBG funds for the purpose of carrying out eligible community
development and housing activities under the Act and under regulations promulgated by the
Department of Housing and Urban Development(HUD) at 24 CFR Part 570; and
WHEREAS,The City of Auburn desires to award certain funds to City of Kent for use as described within
this Agreement, for the purpose of implementing eligible activities under the Act and HUD regulations,
and
WHEREAS, It is appropriate and mutually desirable that the City of Kent be designated by the City of
Auburn to undertake the aforementioned eligible activities,so long as the requirements of the Act,
HUD Regulations, State law and local law are adhered to,as provided for herein; and
WHEREAS,The purpose of this Agreement is to provide for cooperation between the City of Auburn and
City of Kent, in implementing such eligible activities in the manner described herein; and
WHEREAS, The Legislature has declared that carrying out the purposes of federal grants or programs is
both a public purpose and an appropriate function for a city,town, county, or public corporation; and
WHEREAS,the provisions of RCW 35.21.730 through RCW 35.21.755 and RCW 35 21.660 and
35.21.670 and the enabling authority as herein conferred to implement these provisions are hereby
' construed to accomplish the purpose of RCW 35.21.730 through RCW 35.21 755,
NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto,the parties mutually covenant and agree as
provided for in this Agreement.
PART I GENERAL CONDITIONS:
1. Scope of Agreement
2. Scope of Project
3. Commencement and Termination of Projects
4. Administration
5. Compensation and Method of Payment
6. Failure to Perform
7. Operating Budget
8. Funding Alternatives and Future Support
9. Amendments
r
l 0. Assignment and Subcontracting '
11. Hold Harmless and Indemnification
12 Insurance
13. Conflict of Interest r
14. Termination
15. Reversion of Assets
PART lI FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS:
I. Procurement Standards
2. Environmental Review '
3. Nondiscrimination
4 Labor Standards
5. Property Management
6. Acquisition and Relocation
7. National Flood Insurance
8. Lead-Based Paint Poisoning r
9. Administrative Requirements and Cost Principles
10 Other Federal Requirements
11. Non-substitution for Local Funding
12. Public Ownership
13. Public Information
14. Lobbying
15. Religious Organizations
PART III EVALUATION AND RECORD KEEPING:
I. Evaluation ,
2. Audits and Inspections
3. Miscellaneous Records
4. Retention of Records
5. Reports
PART IV Attachments
PART V ACCEPTANCE AND SIGNATURES
PART I. GENERAL CONDITIONS: ,
1. SCOPE OF AGREEMENT:
The Agreement between the parties shall consist of the signature page; the general conditions;the
Federal, State and local program requirements;the evaluation and record keeping requirements;each
and every project Exhibit and Attachment incorporated into the Agreement; all matters and laws
incorporated by reference herein,and any written amendments made according to the general
conditions. This Agreement supersedes any and all former agreements applicable to projects governed
by this Agreement.
2. SCOPE OF PROJECT:
City of Kent shall use funds only to perform the activities set forth in the Attachments hereto.In the ,
case of multiple projects, each project shall correspond to a separate set of Attachments. This
Agreement may be amended from time to time, in accordance with the general conditions, for the
purpose of adding new projects, amending the scope of work,or for any other lawful purpose. ,
1
' 3. COMMENCEMENT AND TERMINATION OF PROJECTS:
A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58, the City of
Auburn shall furnish City of Kent with written notice to proceed. No work on a project
shall occur prior to the notice to proceed without written approval from the City.
Termination dates for individual projects shall be specified in the appropriate Attachments.
Costs incurred after the termination date will not be reimbursed. The termination date may
be changed through amendment of this Agreement.
B. Upon termination of individual projects covered by this Agreement, City of Kent shall
transfer to the City of Auburn any CDBG funds on hand at the time of termination and any
accounts receivable attributable to the use of CDBG funds.
4. ADMINISTRATION:
City of Kent shall appoint a liaison who shall be responsible for overall administration of
1 CDBG funded project(s) and coordination with the City of Auburn of Auburn's
Department of Planning and Community Development. City of Kent shall also designate
one or more representatives who shall be authorized to sign the Voucher Reimbursement
Requests and Program Accomplishments Forms. The names of the liaison and
representatives shall be specified in the Attachment(s).
5. COMPENSATION AND METHOD OF PAYMENT:
A. The City of Auburn shall reimburse City of Kent only for the activities specified in the
Attachments in an amount not to exceed the amount specified on Attachment#1 --"CDBG
APPROPRIATION."Reimbursement shall be based on a CDBG Voucher Reimbursement
Request and Program Accomplishments Form submitted and signed by City of Kent's
authorized representative. Reimbursement is subject to the terms of Section 6 of this Part I.
B. City of Kent shall submit a properly executed Voucher Reimbursement Request and
Program Accomplishments Form as frequently as desired,but at a minimum no later than
fifteen(15) working days after the close of each calendar quarter throughout the term of the
project. The City of Auburn will make payment to City of Kent not more than forty-five
(45) working days after said Reimbursement Request is received and approved by the City.
' The City of Auburn will issue a statement of correction in the event that the Voucher
Reimbursement Request is erroneous. Payment does not constitute absolute approval.
C. Any reimbursement must comply with conditions of Letter of Credit Procedure Regulations
1900.23 (Revised) in that funds on hand should not exceed $5,000 if retained beyond three
(3) days and that any reimbursement in excess of the amount required shall be returned to
the City.
i
1
I
EXHIBIT#1
Community Development Block Grant Contract
General Information
PROJECT NUMBER: BG 0406 '
TITLE: City of Auburn Housing Repair Program
PROJECT SUMMARY: Loans and grants for repair of low income, owner-occupied,
single family homes.
ELIGIBILITY: 24CFR 570.202—Low/Mod Limited Clientele
NATIONAL OBJECTIVE: Low/Moderate Income Housing
CDBG APPROPRIATION : $129,000
TYPE OF PROJECT: Capital
PROJECT LOCATION: City-wide
SPECIAL CONDITIONS: See EXHIBIT#3: Special Conditions
TERMINATION DATE: December 31, 2004
CONTACT PERSON: Katherin Johnson ,
TITLE: Human Services Manager
MAILING ADDRESS: 220 0 Ave. S , Kent, WA 98032
PHONE NUMBER: 253-856-5070
FAX NUMBER: 253-856-6070
PERSON(S) AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND
PROGRAM ACCOMPLISHMENTS FORM: ,
NAME/TITLE Katherin Johnson, Human Services Manager
SIGNATURE
(optional)NAME/TITLE John Hodgson, Parks, Recreation and Community Services Director
SIGNATURE ,
iEXHIBIT#2
Community Development Block Grant Contract
Project Budget
PROJECT NO.: BG 0406 TITLE: City of Auburn Housing Repair- Summary of Tasks and
Costs
PERSONNEL COSTS
Annual Percent of
List Employees by Position Title Salan' Time to Item Total
•`� prnin�f
J"
' Home Repair Supervisor 571408 20% 11,482
Home Repair Specialist 41,760 70% 29,232
Home Repair Specialist 45,984 20% 9,197
Home Repair Worker 39,672 10% 3,967
0 0
Fringe Benefits(taxes, benefits) 17,568 17,568
0 0
0 0
Category Total
(Should be the same as No. 1 in
Budget Detail)l 202,392 71,446
(Continued)
EXHIBIT#2(CONTINUED) '
Community Development Block Grant Contract
Project Budget Detail
Column A Column B Column C
Cost Categories Total Budget CDBG Other Non-
Item Funds CDBG Funds
-- Personnel Costs 71,446 71,446 '
-- Office/Operating Supplies 10,000 10,000
Consultant or Purchased 0 0
-- Construction Contracts/Real 24,254 24,254 '
-- Communications and 400 400
Advertise ents
-- Travel and/or Training 0 0 i
-- Intra-Agency Support (i.e. 12,900 12,900
administrative overheadl
-- Capital Outlay- Construction 0 0
Other (Detail) (Vehicle Rental) 10,00 10,000 ,
Total Project Costs ,
(Note : Column A must equal 129,000 129,000 -0-
sum of Column B and C
Column A Column B Column C t
Source of Funds Total City of Auburn Other Sources
-- City of Auburn CDBG Funds 129,000 129,000
-- City of Auburn General Funds
-- Other Funds:
Grand Total
(Note : Column A must equal 29,000 129,000
sum of Column B and C
EXHIBIT#3
Community Development Block Grant Contract
Special Conditions BG#0306
1. Resolution #XXXX: In accordance with the legislative intent of the City Council as expressed
in CDBG Budget Resolution#XXXX, the Agency must:
[Provide] Grants of less than $5,000 for necessary repairs and renovation of single family
homes owned and occupied by low and moderate income households at various locations
` i--- '-,-u a t. .. llov s
u�.vu�uvut r-.uv u.:i ..3 .,.,.,.�.,.
(a) City of Auburn Responsibilities:
The Department of Planning and Community Development Department of the City of
Auburn shall be responsible for the following project-related activities.
• • Program publicity
• Maintenance of program regulations, including income eligibility standards
• Provision and updating of program application form(s)
• Client intake and eligibility determination
• Flood plain and insurance requirements, if any
• Maintenance of individual client files which include application, proof of income and
ownership, and notification of completion of work, processing and recording of any
necessary loan documents
(b) City of Kent Responsibilities:
I City of Kent staff shall be responsible for the following project-related activities.
• Construction need assessment
1 • Work orders
• Contractor bid documents and bid process, if necessary
• Hiring and payment of contractors
• Liaison between client and contractors
• Inspection upon completion of work
(c) Payments,Reimbursement
• City of Kent Staff are responsible for all payment of contractors
• City of Kent shall submit a monthly reimbursement request to the City of Auburn, and
shall include with that request a statement of projects completed, projects in progress,
amount of grant spent in billing period, total amount spent to date, and amount of grant ,
remaining.
2. Timely Progression of Protect: The Agency agrees that it will complete the above project in a
timely manner, and comply with the time line as set forth in Exhibit #5, Project Time Line.
3. Limitations on Expenditures and Adjustments: In the event that the City receives less CDBG
revenues than originally estimated in the CDBG budget ordinance, the Agency will receive a
proportionately equal reduction in its appropriation relative to the total decrease in total CDBG
revenues. The amount of CDBG funds available to the Agency is stipulated in the "Notice of
Grant Award."If the amount CDBG funds available to the Agency is less than appropriated;
then the City will notify the Agency in writing when additional CDBG funds become available.
4. Termination of the Contract: This Agreement between the CITY OF AUBURN and City of
Kent shall terminate on December 31, 2004. In accordance with the terms of the Agreement,
all unspent CDBG funds at the time of termination shall lapse and return to the City of
Auburn's CDBG fund.
5. Public Information: The stipulations of Section 13(B)of the Agreement regarding the ,
placement of sign(s) identifying the source of funds is hereby waived.
' EXHIBIT#4
Reporting Requirements and Recordkeeping- BG# 0406
1. Reimbursement Schedule:
(a) The Agency must submit a request for reimbursement at least once a quarter and may
submit such a request on a monthly basis, beginning with the date of this Agreement, and
applicable to all costs incurred toward this grant beginning January 1, 2004.
(b) Failure to submit a quarterly request for reimbursement in accordance with Part 1, Section
5 of this Agreement may cause the City to consider the Project abandoned and the CDBG
funds made available for re-appropnation. Continued failure to request reimbursement and
submit required performance reports will cause the City to take corrective action as it
deems necessary.
(c) The City shall reimburse the Agency for its expenses incurred implementing this
Agreement within the forty-five (45)days following the receipt of a Voucher
Reimbursement Request.
2. Required Contents of Reimbursement Request:
(a) Reimbursement Cover Sheet as supplied, showing Agency name, address, contact
information, and budget information;
(b) Accomplishments data sheet as supplied for the Agency, showing how the Agency has
progressed toward its goals as set forth In Exhibit#5.
' (c) Failure to properly submit a reimbursement request, through the omission of the above-
required items or through material omissions within those documents, will cause the
request to be returned to the Agency and will cause a delay in the disbursement of funds.
EXHIBIT#5 ,
PERFORMANCE MEASUREMENTS
BG#0306
Part 1.Schedule by Task
Milestones Quarters
(Projected Number of Units) 15t 2nd 3rd 4th
Grants Identified by City- Major Repairs 3 4 3 3
Grants Identified by City-Minor Repairs 55 55 55 55
Current Projects ,
Completed Units
(Actual Number of Units)
Loans/Grants Identified by City
Current Projects t
Completed Units
Part 2. CDBG Expenditure Rate
CDBG Funds Vouchered j
Projected Actual
I" Quarter (1/1 — 3/31) 32,250
2nd Quarter (4/1 —6/30) 32,250 ,
3`d Quarter (7/1 —9/30) 32,250
4th Quarter (10/1 — 12/31) 32,250 ,
Kent City Council Meeting
Date August 3 2004
Category Consent Calendar
1. SUBJECT: WASHINGTON STATE DEPARTMENT OF COMMUNITY,
TRADE AND ECONOMIC DEVELOPMENT ALLOCATION
FOR CLARK LAKE PARK—ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: The Parks and Human Services Committee recom-
mends Council accept the Washington State Department of Community Trade &
Economic Development allocation for Clark Lake Park Open Space Acquisition in the
amount of$393,000.00, authorize the Mayor to sign the agreement, and approve
expenditure of funds in the Park Land Acquisition Budget.
The Washington State Legislature included a $400,000.00 appropriation (contract
amount of$393,000 and$7,000 in administrative fees) in the 2003-05 State Capital
Budget for the Clark Lake Park Project. These funds will be used to acquire two parcels
at Clark Lake Park and will serve as the matching funds needed for the $300,000.00
King County Conservation 2004 Futures Grant accepted by the City Council on July 6,
2004.
3. EXHIBITS: Memo and contract#04-99500-0009
4. RECOMMENDED BY: Parks &Human Services Committee and Parks Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund P20049 Amount $393,000.00
Unbudgeted Revenue: Fund P20049.53405 Amount $393,000.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
1 PARKS, RECREATION AND HUMAN SERVIVES DEPARTMENT
John M. Hodgson, Director
Phone-253-856-5100
Fax: 253-856-6050
KENT Address 220 Fourth Avenue S
W A S N I N O T O N Kent,WA.98032-5895
DATE: July 15, 2004
TO: Kent City Council Parks Committee
FROM: Lori Flemm, Superintendent Parks Planning & Development
THROUGH: John M. Hodgson, Director Parks, Recreation and Community Services
SUBJECT: Washington State Department of Community, Trade & Economic
Development (DCTED) Allocation for Clark Lake Park Open Space
Acquisition -- Accept and Amend Budget
MOTION: Move to recommend Council accept the Washington State Department of
Community Trade & Economic Development allocation for Clark Lake Park Open
Space Acquisition in the amount of$393,000.00, authorize the Mayor to sign the
agreement and approve expenditure of funds in the Park Land Acquisition Budget.
SUMMARY: The Washington State Legislature included a $400,000.00 appropriation
(contract amount of$393,000 and $7,000 in administrative fees) appropriation in the 2003-
05 State Capital Budget for the Clark Lake Park Project. These funds will be used to
acquire two parcels at Clark Lake Park and serves as the matching funds needed for the
$300,000.00 King County Conservation 2004 Futures Grant accepted by the City Council
on July 6, 2004.
EXHIBITS: Contract
FISCAL IMPACT: Unbudgeted revenue of$393,000.00, impacts the Park Land
Acquisition revenue account no. P20049.53405 and expense account no. P20049.
�a6$TATp O�
O j
S
dya �ea9 Po
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY,
TRADE AND ECONOMIC DEVELOPMENT
128- 10th Avenue SE• PO Box 42525 • Olympia, Washington 98504 • (360) 725-4000
July 13, 2004
Ms. Lori Flemm
Superintendant of Park Planning and Development.
City of Kent
220 4th Avenue S
Kent,WA 98032
Dear Mr.Brooks:
Enclosed for your review and signature are three originals of proposed Contract Number 04-
99500-009 between the Department of Community,Trade and Economic Development and the
City of Kent. The purpose of the contract is to provide your organization with funds
appropriated under the Local and Community Projects program solely and specifically for the
Clark Lake Park project.
Please review the contract carefully. If it meets with your approval, please sign all three originals
where indicated (pages 10, 11, and 12), and return all three to me at your earliest convenience.
We will sign them and return a fully executed original to you for your records.
If you have any questions or need additional information,please call me at (360)725-3008. I can
also be reached by email at Jasonz@cted.wa.gov.
Sincerely,
Jason M. Zittel,Program Assistant
Capital Programs
cc: Daniel Aarthun, Capital Programs Manager
Enclosures
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY,TRADE,AND ECONOMIC DEVELOPMENT
LOCAL AND COMMUNITY PROJECTS PROGRAM
CAPITAL CONTRACT NUMBER 04-99500-009
THIS CONTRACT,entered into by and between the City of Kent(a unit of local government
hereinafter referred to as the CONTRACTOR), and the Washington State Department of
Community,Trade, and Economic Development(hereinafter referred to as the DEPARTMENT),
WITNESSES THAT:
WHEREAS,the DEPARTMENT has the statutory authority under RCW 43.330.050 (5)
to cooperate with and provide assistance to local governments, businesses, and
community-based organizations;and
WHEREAS,the DEPARTMENT is also given the responsibility to administer state funds
and programs which are assigned to the DEPARTMENT by the Governor or the
Washington State Legislature; and
WHEREAS,the Washington State Legislature has,in Laws of 2003,First Special
Session,Chapter 26, (Section 151), made an appropriation to support the Local and
Community Projects Program, and directed the DEPARTMENT to administer those
funds; and
WHEREAS, the enabling legislation also stipulates that the CONTRACTOR is eligible to
receive funding for acquisition, construction, or rehabilitation (a venture hereinafter
referred to as the"Project").
NOW,THEREFORE,in consideration of covenants,conditions, performances, and promises
hereinafter contained, the parties hereto agree as follows:
1. FUNDING
The funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to
exceed$393,000.00. The DEPARTMENT has retained the amount of$7,000.00 for
costs directly associated with managing the completion of this contract.
1
2. SERVICE PROVISIONS ,
a) Funds awarded under this contract shall be used solely and specifically for capital
construction costs associated with the Clark Lake Park, as contemplated in Laws
of 2003, First Special Session, Chapter 26, (Section 151).
b) The CONTRACTOR shall perform in accordance with the terms and conditions
of this contract and the following attachments which,by this reference,are made a
part of this contract:
ATTACHMENT A (Project Budget)
- i�T'I'>1Cr�na NTT2
_Si _ 2 •2r 2 if �Lti•113t 4C: ::[ ��L tik�FarL>. _� _. .Fl.�.. t.. '....,, r.
the Project)
ATTACHMENT C (Project Scope of Work)
3. SPECIAL CONDMON(S)
None.
4. CONTRACT PERIOD
a) The effective date of this contract shall be the date of the last signature of the
contracting parties.
b) Unless terminated earlier pursuant to Section 9, 12,or 27, hereof,the termination
date shall be June 30, 2007.
5. CERTIFICATION OF FUNDS
a) The release of state funds under this contract is contingent upon the
CONTRACTOR certifying that it has expended or has access to funds from non-
state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE
AVAILABILITY OF FUNDS TO COMPLETE TBE PROJECT),hereof. Such
non-state sources may consist of a combination of any of the following:
i) Eligibleject expenditures prior to the execution of this contract.
ri) Cash dedicated to the Project. i
iii) Funds available through a letter of credit or other binding loan
commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
2
vi) The value of real property when acquired solely for the purposes of this
Project, as established and evidenced by a current market value appraisal
performed by a licensed,professional real estate appraiser, or a current
property tax statement. The DEPARTMENT will not consider appraisals
for prospective values of such property for the purposes of calculating the
amount of non-state matching fund credit.
vii) In-kind contributions, subject to the DEPARTMENT'S approval.
b) The CONTRACTOR shall maintain records sufficient to evidence that it has
���ogs to nee hn rnyr}.�.yd d f�:n from s n C}r nnn_ctitn_ onierr^c synd shall m't F;P ci`nh
records available for the DEPARTMENT'S review upon reasonable request.
` 6. EXPENDITURES ELIGIBLE FOR REBSURSEMENT
The CONTRACTOR may be reimbursed, at the rate set forth elsewhere in this contract,
for Project expenditures in the following cost categories:
a) Real property, when purchased or acquired solely for the purposes of the Project;
L
b) Design, engineering,architectural, and planning costs;
c) Project management costs(from external sources only);
d) Construction costs including, but not limited to,the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment; and
Landscaping.
7. REDABURSEMENT PROVISIONS
a) Payments to the CONTRACTOR shall be made on a reimbursement basis only.
For the purposes of this contract,reimbursement shall be construed to mean costs
incurred and paid,or costs incurred and payable within thirty(30)days.
3
b) The DEPARTMENT shall reimburse the CONTRACTOR for one-hundred
percent(100%)of eligible Project expenditures, up to the maximum payable
under this contract. When requesting reimbursement for costs incurred or
expenditures made,the CONTRACTOR shall submit to the DEPARTMENT a
signed and completed Invoice Voucher(Forth A-19), referencing the Project
activity performed, and any appropriate documentation. The voucher must be
certified by an official of the CONTRACTOR with authority to bind the
CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT
within fifteen (15)days following the completion of work or other termination of
c) Each request for payment must be accompanied by a Project Status Report, which
describes, in narrative form, the progress made on the Project since the last
invoice was submitted, as well as a report of Project status to date. The
DEPARTMENT will not release payment for any reimbursement request received
unless and until the Project Status Report is received.
d) After approving the Invoice Voucher and Project Status Report, the
DEPARTMENT shall promptly remit a warrant to the CONTRACTOR.
8. EVALUATION AND MONITORING
a) The CONTRACTOR shall cooperate with and freely participate in any monitoring
or evaluation activities conducted by the DEPARTMENT that are pertinent to the
intent of this contract,including periodic site inspections.
b) The CONTRACTOR shall provide the DEPARTMENT with photographs,either
hard copy or electronically, which depict visually the progress made on the
Project. Such photographs shall be submitted to the DEPARTMENT at the
inception of the Project,upon 50 percent of completion, and upon completion, as
applicable.
c) The DEPARTMENT or the State Auditor and any of their representatives shall
have full access to and the right to examine during normal business hours and as
often as the DEPARTMENT or the State Auditor may deem necessary,all the
CONTRACTOR'S records with respect to all matters covered in this contract.
Such representatives shall be permitted to audit, examine, and make excerpts or
transcripts from such records and to make audits of all contracts, invoices,
materials, payrolls,and records of matters covered by this contract. Such rights
last for six (6)years from the date final payment is made hereunder.
4
9. NONDISCRBUNATION PROVISION
a) During the performance of this contract, the CONTRACTOR shall abide by all
applicable federal and state nondiscrimination laws and regulations, including,but
not limited to Chapter 49.60 RCW(Washington's Law Against Discrimination)
and 42 U.S.C. 12101 et. seq. (the Americans With Disabilities Act [ADA]).
b) In the event of the CONTRACTOR'S noncompliance or refusal to comply with
any nondiscnmination law, regulation, or policy, this contract may be rescinded,
canceled, or terminated in whole or in part, and the CONTRACTOR may be
- `PC :d* nei;gi ale f6f G,rlrPrrontracls:jk4h th _;rP, RT?.,1�JT;-TIP
CONTRACTOR shall,however, be given a reasonable time in which to remedy
any such noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth in Section 24 of this contract.
10. CONTRACT MODIFICATIONS
The DEPARTMENT and the CONTRACTOR may,from time to time, desire to make
changes to this contract. Any such changes that are mutually agreed upon by the
DEPARTMENT and the CONTRACTOR shall be incorporated herein by written
amendment. It is mutually agreed and understood that, except for the budget
modifications described in Section 11 of this contract,no alteration or variation of the
terms of this contract shall be valid unless made in writing and signed by the parties
hereto prior to implementation of the changes, and that any oral understanding or
agreements not incorporated herein shall not be binding.
11. MODIFICATIONS TO THE PROJECT BUDGET
a) Notwithstanding any other provision of this contract, the CONTRACTOR may, at
its discretion,make modifications not to exceed ten percent(10%)of each line
item in the Project Budget (Attachment A), hereof.
b) The CONTRACTOR shall notify the DEPARTMENT in writing prior to making
any budget modification or modifications that would exceed ten percent(10%)of
any budget line item. Any such request shall require the written approval of the
DEPARTMENT, and any such modifications shall be made in writing and signed
by both parties, and attached to the Project Budget(Attachment A),hereof.
c) Nothing in this section shall be construed to permit an increase in the amount of
funds available for the Project, as set forth in Section 1 of this contract.
5
12. TERMINATION OF CONTRACT
a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and '
proper manner its obligations under this contract or if the CONTRACTOR shall
violate any of its covenants, agreements or stipulations of this contract,the
DEPARTMENT shall thereupon have the right to terminate this contract and
withhold the remaining allocation if such default or violation is not corrected
within twenty(20)days after the DEPARTMENT'S submitting written notice to
the CONTRACTOR describing such default or violation; Provided, that if more
than twenty(20)days are required to correct any such default or violation and the
CClNT-K-ACTOR-'TOR lm initfnted ip-ronn�jfe rnY+e--r lve meaSur2S ;ic rPacnnnhly
determined by the DEPARTMENT,the DEPARTMENT will not terminate this
CONTRACT for such default or violation.
b) Notwithstanding any provisions of this contract,either party may terminate this
contract by providing the other party with written notice of such termination,
specifying the effective date thereof, at least thirty(30) days prior to such date.
c) In the event this contract is terminated, the CONTRACTOR shall be reimbursed
for eligible expenses incurred prior to the effective date of such termination and
not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reasonably
determines.
d) In the event funds are not reappropriated for this Project in the 2005 -2007
biennial budget, this contract shall terminate on June 30, 2005.
13. SPECIAL PROVISION
The DEPARTMENT'S failure to insist upon the strict performance of any provision of
this contract or to exercise any right based upon a breach thereof or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this
contract.
14. HOLD HARM -ESS
a) It is understood and agreed that this contract is solely for the benefit of the parties
hereto and gives no right to any other party. No joint venture or partnership is
formed as a result of this contract. Each party hereto agrees to be responsible and '
assume liability for its own negligent acts or omissions, or those of its officers,
agents,or employees to the fullest extent required by law, and agrees to save,
indemnify, defend, and hold the other party harmless from any such liability. In
the case of negligence of more than one party,any damages allowed shall be
levied in proportion to the percentage of negligence attributable to each party,and
each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party.
6
i
b) This indemnification clause shall also apply to any and all causes of action arising
out of the performance of work activities under this contract. Each contract for
services or activities utilizing funds provided in whole or in part by this contract
shall include a provision that the DEPARTMENT and the state of Washington are
not liable for damages or claims from damages arising from any subcontractor's
performance or activities under the terms of the contracts.
15. RECAPTURE PROVISION
In the event that the CONTRACTOR fails to expend statefunds in accordance with state
l n,» µndi'o•u e pro v;-;on o -f t,-;s CC,`ntrF:Ct. 0h,6 DEP.A-RT!vfENIT Tesei-ies the light to
recapture state funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for a period not to exceed six (6) years following termination of
the contract. Repayment by the CONTRACTOR of state funds under this recapture
provision shall occur within thirty (30)days of demand. In the event that the
DEPARTMENT is required to institute proceedings to enforce this recapture provision,
the DEPARTMENT shall be entitled to its cost thereof,including reasonable attorney's
fees.
16. OWNERSHIP OF PROJECT/CAPITAL FACRXIIES
The DEPARTMENT makes no claim to any real property improved or constructed with
1 funds awarded under this contract and does not assert and will not acquire any ownership
interest in or title to the capital facilities and/or equipment constructed or purchased with
state funds under this contract. This provision does not extend to claims that the
DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in
violation of this contract.
17. RELATIONSHIP BETWEEN THE PARTIES
The CONTRACTOR and its employees or agents performing under this contract are not
deemed to be employees of the DEPARTMENT nor agents of the DEPARTMENT in any
manner whatsoever,nor will they hold themselves out as nor claim to be officers or
employees of the DEPARTMENT or of the state of Washington hereof and will not make
any claim,demand, or application to or for any right or privilege applicable to an officer
or employee of the DEPARTMENT or of the state of Washington.
18. GOVERNING LAW AND VENUE
This contract shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by, the laws of the state of Washington. Venue of
any action at law between the parties arising out of this contract shall be the superior
court of Thurston County, Washington.
19. SEVERABILTTY
In the event any term or condition of this contract or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions,or
applications of this contract that can be given effect without the invalid term,condition,
or application. To this end the terms and conditions of this contract are declared
severable.
20. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this contract are
;;,'A - I-: , .^'_zacFd, orlirmiled it my way by the Gover_n_or or the Washington State
Legislature during the contract period,the parties hereto shall be bound by any such
revised funding limitations as implemented at the discretion of the DEPARTMENT, and
shall meet and renegotiate the contract accordingly.
21. ENTTRE AGREEMENT
This contract and all attachments hereto contain all the terms and conditions agreed upon
by the parties. No other understandings, oral or otherwise,regarding the subject matter of
this contract and attachments shall be deemed to exist or to bind any of the parties hereto.
22. SIGNAGE AND MARKERS
If, during the period covered by this contract, the CONTRACTOR displays signs or
markers or circulates any communication identifying the financial participants in the
Project, any such sign,marker, or communication must identify the State of Washington
as a participant. The provisions of this section shall also apply to any permanent signs or
markers displayed at the Project site.
23. DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation,either party may
request a dispute hearing. The parties shall select a dispute resolution team to resolve the
dispute. The dispute resolution team shall consist of a representative appointed by the
DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party
mutually agreed upon by both parties. The dispute resolution team shall attempt,by
majority vote, to resolve the dispute. The parties agree that this dispute process shall
precede any action in a judicial or quasi-judicial setting.
24. PREVAILING WAGE LAW
The Project funded under this contract may be subject to state prevailing wage law
(Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Washington
Department of Labor and Industries and/or private counsel to determine whether
prevailing wages must be paid. The DEPARTMENT is not responsible for determining
8
whether prevailing wage applies to this Project or for any prevailing wage payments that
may be required by law.
25. CHANGE OF OWNERSHIP OR USE
a) The CONTRACTOR understands and agrees that any and all real property or
facilities acquired,constructed, or rehabilitated using state funds under this
contract shall be held and used by the CONTRACTOR for the express purpose or
purposes stated elsewhere in this contract for a period of at least ten (10)years
from the date the subject facility is occupied.
i_- i vors('��i%j D ft( ! T-_c fs,�:.�i to 1io ney r"q nNnnrP-with th
ail ..I (:7L.iL the 0 I2h .j . ., T.I 1-4... a ��
section, the CONTRACTOR shall repay to the state general fund the principal
amount of the grant as stated in Section 1,hereof,plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most
closely to the effective date of the legislation in which the subject facility was
authorized.
26. HISTORICAL AND CULTURAL ARTIFACTS
In the event that historical or cultural artifacts are discovered at the Project site during
construction,the CONTRACTOR shall immediately stop construction and notify the
local historical preservation officer and the state historical preservation officer at the
Office of Archaeology and Historic Preservation.
27. REAPPROPRIATION
a) The parties hereto understand and agree that any state funds not expended by
June 30,2005,will lapse on that date unless specifically reappropriated by the
Washington State Legislature. If funds are so reappropriated, the state's obligation
under the terms of this contract shall be contingent upon the terms of such
reappropriation.
b) In the event any funds awarded under this contract are reappropriated for use in a
future biennium, the DEPARTMENT reserves the right to assign a reasonable
share of any such reappropriation for administrative costs.
[Rest of page left blank intentionally]
9
28. ADMINISTRATION
a) The CONTRACTOR'S representative shall be Lori Flemm.
b) The DEPARTMENT'S representative shall be Daniel Aarthun.
IN VaTN_ ESS WBEREO/F,rtthe DEPARTMENT and the CONTRACTOR have executed this
vv ai.u�.. wnr .it «.lr ���? -T•3�4.u jITTTTPT nP�il\ll_ -
i . s
Nancy K. Ousley,Acting Deputy Director Jim White,Mayor
Department of Community, Trade, and City of Kent
Economic Development E
Federal Tax ID#: 91-6001254
Date: Date:
APPROVED AS TO FORM:
Assistant Attorney General
Date:
10
ATTACHMENT A
PROJECT BUDGET
Line Item Amount
Land Acquisition $800,000.00
Total Contracted Amount: $800 000.00
- ---------------- ------ --
The CONTRACTOR,by its signature,certifies that the Project Budget set forth above has been
reviewed and approved by the CONTRACTOR'S governing body or board of directors,as
applicable, as of the date and year written below.
CONTRACTOR
TITLE
1 DATE
11
1
ATTACHMENT B
CERTIFICATION OF THE AVAILABILITY OF FUNDS
TO COMPLETE THE PROJECT
Non-State Funds Amount
King County Conservation Futures Funds Grant $300,000.00
City of Kent $107,000.00
Total Non-State Funds
State Funds
2003 State Capital Budget $393,000.00
Total Non-State and State Sources $8009000.00
CERTIFICATION
The CONTRACTOR,by its signature,certifies that Project funding from sources other than
those provided by this contract and identified above has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available
solely and specifically for carrying out the purposes of this Project as described in elsewhere in
this contract, as of the date and year written below. The CONTRACTOR shall maintain records
sufficient to evidence that it has expended or has access to the funds needed to complete the
Project, and shall make such records available for the DEPARTMENT'S review upon reasonable
request.
CONTRACTOR
TTTLE
DATE
12
ATTACHMENT C
PROJECT SCOPE OF WORK
Project Summary
jThe city of Kent plans to aquire two parcels of land adjacent to the exisitng Clark Lake Park.
Parcel A is 5.53 acres, and Parcel B is 2.5 acres.
This project will expand the recreational and educational open space services provided by the
City of Kent at Clark Lake Park by adding an additional 8 acres, to the exisitng 124 acres. An
educationalrnterpretive center with trails is proposed for parcel A. Parcel B will allow for an
interpretive trail,recreation amentities, and habitat enhancements
The acquisition is expected to be completed by the end of 2004.
13
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: REFERENCES TO ABATEMENT OF DANGEROUS BUILDINGS,
ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. which amends the
references in the Uniform Housing Code and the Uniform Code for the Abatement of
Dangerous Buildings to refer to the International Building Code and the International
Residential Code.
The City Council recently adopted the new international building codes. Accordingly,
it is appropriate to amend various provisions within the Uniform Housing Code and the
Uniform Code for the Abatement of Dangerous Buildings to revise the references
within those codes from the Uniform Building Code to the International Building Code
or the International Residential Code, as applicable.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Planning& Economic Development Committee
(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. 6H
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Kent City Code sections
14.01.070 and 14.01.080 to update the references from the
Uniform Building Code to the International Building Code or
the International Residential Code, as may be applicable.
RECITALS
A. On May 4,2004,the City Council adopted Ordinance Nos. 3690 and 3691
which adopted the new international codes published by the International Code Council,
i
I Inc.—the International Building Code, the International Residential Code, the
International Mechanical Code, and the International Fare Code.
B. In light of the adoption of the international codes,it is appropriate to amend
the Kent City Code in order to update the references in the Uniform Housing Code and the
Uniform Code for the Abatement of Dangerous Buildings to refer to the International
Building Code or the International Residential Code, as may be applicable
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Uniform Housing Code and Uniform Code for the
1 Abatement of Dangerous Buildings-Amendment
ORDINANCE
SECTION 1. —Amendment Section 14.01.070 of the Kent City Code, entitled
"Amendments to the Uniform Housing Code," is amended as follows:
Sec. 14.01.070. Amendments to the Uniform Housing Code. The following
local amendments to the Uniform Housing Code previously adopted in KCC 14.01.010 are
hereby adopted as if fully set forth therein.
A. Scope. Section 103 of the Uniform Housing Code is amended by substituting
Section 103 with the following:
Sec. 103. Scone. The provisions of this code shall apply to
all buildings or portions thereof used, or designed, or
intended to be used,for human habitation. Such occupancies
in existing buildings may be continued as provided in IBC §
102.6 or IRC § R102.7, as may be applicable, except such
structures as are found to be substandard as defined in this
code.
Where any building or portion thereof is used or intended to
be used as a combination apartment house-hotel, the
provisions of this code shall apply to the separate portions as
if they were separate buildings.
Rooming houses, congregate residences, or lodging houses
shall comply with all the requirements of this code for
dwellings.
B. Application to existing buildings and structures — Additions, alterations, or
repairs. Subsection 104.1 of the Uniform Housing Code is amended by substituting
Subsection 104.1 with the following:
Sec. 104.1 Additions, Alterations, or Repairs. For
additions, alterations, or repairs, see IBC H 102.6 and 3403
or IRC § R102.7. as may be applicable.
Uniform Housing Code and Uniform Code for the
2 Abatement of Dangerous Buildings-Amendment
CA. Repealer. Section 202 of Chapter 2 and Chapters 11 through 16 of the Uniform
Housing Code are hereby repealed.
DR. Board of appeals. Section 203 of the Uniform Housing Code, entitled"Board
of appeals," is amended by substituting Section 203 with the following:
Sec. 203 Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order to
hear and decide appeals of orders, decisions, or
determinations made by the building official relative to the
suitability of alternate materials, design, and methods of
construction and appeals of the reasonable application and
interpretation of the building codes. Appeals shall be made
as set forth in section 14.01.100 of the Kent City Code.
EQ Violations. Section 204 of the Uniform Housing Code, entitled "Violations," is
amended by substituting Section 204 with the following:
Sec. 204 Violations
204.1 Unlawful acts. It shall be unlawful for any person,
firm, or corporation to erect, construct, alter, extend, repair,
move, remove, demolish, or occupy any building, structure,
or equipment regulated by this code, or cause the same to be
done, in conflict with or in violation of any of the provisions
of this code.
204.2 Violation penalties. Any person who violates a
provision of this code, or fails to comply with any of its
requirements, or who erects, constructs, alters or repairs a
building or structure in violation of: (a) the approved
construction documents, (b) a directive of the building
official, or (c) a permit or certificate issued under the
provisions of this code, shall be subject to penalties as set
forth in Ch. 14.08 KCC or as otherwise provided by law.
Uniform Housing Code and Uniform Code for the
3 Abatement of Dangerous Buildings-Amendment
F. Permits and inspections— General. Section 301 of the Uniform Housing Code.
entitled "General," is amended by substituting, Section 301 with the following:
Sec. 301. General. No building or structure regulated by
this code shall be erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted, or
demolished unless a separate permit for each building or
structure has first been obtained from the building official in
the manner and according to the applicable conditions
prescribed in IBC 105 and 106 or IRC R105 and R106,
as may be applicable.
i
G. Permits and inspections — Fees. Section 302 of the Uniform Housinz Code,
entitled"Fees," is amended by substituting Section 302 with the following_
Sec. 302. Fees. When a budding permit is required by
Section 301 of this code, the appropriate fees shall be paid as
specified in IBC § 108 or IRC § R108, as may be applicable.
H. Permits and inspections—Inspection Section 303 of the Uniform Housing Code,
entitled"Inspection," is amended by substituting Section 303 with the following_
Sec. 303. Inspection. Buildings or structures within the
scope of this code and all construction or work for which a
permit is required shall be subject to inspection by the
building official in accordance with and in the manner
provided by this code and IBC §§ 109 and 1704 or IRC §
R109, as may be applicable.
I. Definitions—Building_code. Section 401 of the Uniform Housing Code,entitled
"Definitions," is amended by revising the definition of"building code" as follows-
Sec. 401. Definitions.
BUILDING CODE is the International Building Code
("IBC") or the International Residential Code ("IRC" , as
Uniform Housing Code and Uniform Code for the
4 Abatement of Dangerous Buildings-Amendment
jmay be applicable promulgated by the International Code
Council,Inc., as adopted by this jurisdiction.
J. De
fnitions — Mechanical code. Section 401 of the Uniform Housing Code,
entitled "Definitions," is amended by revising the definition of"mechanical code" as
follows:
Sec. 401. Definitions.
MECHANICAL CODE is the International Mechanical
Code or the International Residential Code, promulgated by
the Intemational Code Council, Inc., as may be applicable
and as adopted by this iunsdiction
K. Space and occupancy standards — Location on property Section 501 of the
Uniform Housing Code, entitled "Location on Property," is amended by substituting
Section 501 with the following:
Sec. 501. Location on property. All buildings shall be
located with respect to property lines and to other buildings
on the same property as required by Chs. 5 and 6 IBC and
IRC & R302, as maybe applicable.
L. Light and Ventilation - Hallways. Subsection 504.4 of the Uniform Housing
Code, entitled "Hallways," is amended by substituting Subsection 504.4 with the
following:
Sec. 504.4 Hallways. All public hallways, stairs, and other
exitways shall be adequately lighted at all times in
accordance with IBC & 1006 or IRC &§ R303 and R311, as
may be applicable.
M. Sanitation — Water Closet Compartments Subsection 505.5 of the Uniform
Housing Code, entitled "Water closet compartments," is amended by substituting
Subsection 505.5 with the following:
Uniform Housing Code and Uniform Cade for the
5 Abatement of Dangerous Buildings-Amendment
1
Sec.505.5 Water Closet Compartments. Walls and floors
of water closet compartments, except in dwellings, shall be
furnished in accordance with IBC § 1210. This provision is
not applicable to those proiects subject to the IRC.
N. Heating and Ventilation —Heatinz. Subsection 701.1 of the Uniform Housing
Code,entitled"Heating,"is amended by substituting Subsection 701.1 with the following:
Sec. 701.1 Heating. Dwellingunits,nits, guest rooms, and
congregate residences shall be provided with heating facilities
capable of maintaining a room temperature of at least 70T
(21.PQ at a point 3 feet (914 mm) above the floor in all
habitable rooms. Such facilities shall be installed and
maintained in a safe condition and in accordance with Ch. 21
IBC or Chs. 10-24 IRC,as may be applicable,the Mechanical
Code, and all other applicable laws. Unvented fuel-burning
heaters are not permitted. All heating devices or appliances
shall be of an approved type.
O. Exits- General. Section 801 of the Uniform Housing Code,entitled"General,"is
amended by substituting Section 801 with the following:
Sec.801. General. Dwelling units or guest rooms shall have
access directly to the outside or to a public corridor. All
buildings or portions thereof shall be provided with exits,
exitways and appurtenances as required by Ch. 10 IBC or
IRC § R311, as may be applicable.
P. Fire protection - General. Section 901 of the Uniform Housing Code, entitled
"General," is amended by substituting Section 901 with the following:
Sec.901. General. All buildings or portions thereof shall be
provided with the degree of fire-resistive construction as
required by the building code for the appropriate occupancy,
type of construction, and location on property, and shall be
provided with the appropriate fire-extinguishing systems or
equipment required by Ch. 9 IBC or IRC W313, as may be
Uniform Housing Code and Uniform Code for the
6 Abatement of Dangerous Buildings-Amendment
I
applicable.
Q Substandard Buildings-Definition -General. Subsection 1001.1 of the Uniform
Housing Code entitled"General,"is amended by substituting Subsection 1001.1 with the
following:
Sec. 1001.1 General. Any building or portion thereof that is
determined to be an unsafe building in accordance with IBC§
115, or any building or portion thereof, including any
dwelling unit, guest room or suite of rooms, or the premises
on which the same is located,in which there exists any of the
conditions referenced in this section to an extent that those
conditions endanger the life,limb,health,property,safety,or
welfare of the public or the occupants thereof, shall be
deemed and hereby are declared to be substandard buildings.
SECTION 2. -Amendment Section 14.01.080 of the Kent City Code, entitled
"Amendments to the Uniform Code for the Abatement of Dangerous Buildings," is
amended as follows:
Sec. 14.01.080. Amendments to the Uniform Code for the Abatement of
Dangerous Buildings. The following local amendments to the Uniform Code for the
Abatement of Dangerous Buildings previously adopted in KCC 14.01.010 are hereby
adopted as if fully set forth therein.
A. Purpose and scope. Subsection 102.1 of the Uniform Code for the Abatement o
Dangerous Buildings, entitled "Purpose," is amended by substituting Subsection 102.1
with the following:
1
See. 102.1 Purpose. It is the purpose of this code to provide
a iust, equitable, and practicable method, to be cumulative
with and in addition to any other remedy provided by the
International Building Code,International Residential Code
Uniform Housing Code, or otherwise available by law,
whereby buildings or structures which from any cause
Uniform Housing Code and Uniform Code for the
7 Abatement of Dangerous Buildings-Amendment
endanger the life, limb, health, morals,property, safety, or
welfare of the general public or of their occupants may be
required to be repaired, vacated, or demolished.
The purpose of this code is not to create or otherwise
establish or designate to any particular class or group of persons
who will or should be especially protected or benefited by the
terms of this code.
B. Alterations, additions, and repairs. Section 103 of the Uniform Code for the
Abatement of Dangerous Buildings, entitled "Alterations, additions, and repairs," is
amended by substituting Section 103 with the following:
Sec. 103. Alterations, additions, and repairs. All
buildings or structures which are required to be repaired
under the provisions of this code shall be subject to the
provisions of IBC � 3403 or IRC � R102.7, as may be
applicable.
CA. Abatement of dangerous buildings. Section 202 of the Uniform Code for the
Abatement of Dangerous Buildings, entitled "Abatement of Dangerous Buildings," is
amended by substituting Section 202 with the following:
Sec.202. Abatement of dangerous buildings. All buildings
or portions thereof which are determined after inspection by
the building official to be dangerous as defined in this code
are hereby declared to be public nuisances and shall be abated
by repair,rehabilitation, demolition or removal.
DR. Violations. Section 203 of the Uniform Code for the Abatement of Dangerous
Buildings, entitled "Violations," is amended by substituting Section 203 with the
following:
See. 203 Violations.
203.1 Unlawful acts. It shall be unlawful for any person,
firm, or corporation to erect, construct, alter, extend, repair,
Uniform Housing Code and Uniform Code for the
8 Abatement of Dangerous Buildings-Amendment '
move, remove, demolish, or occupy any building, structure,
or equipment regulated by this code,or cause the same to be
done, in conflict with or in violation of any of the provisions
of this code.
203.2 Violation penalties. Any person who violates a
provision of this code, or fails to comply with any of its
requirements, or who erects, constructs, alters or repairs a
building or structure in violation of: (a) the approved
construction documents, (b) a directive of the building
official, or (c) a permit or certificate issued under the
provisions of this code, shall be subject to penalties as set
forth in Ch. 14.08 KCC or as otherwise provided by law.
E. Inspection of Work. Section 204 of the Uniform Code for the Abatement o�
Dangerous Buildings,entitled"Inspection of Work,"is amended by substituting Section
204 with the following:
Sec. 204 Inspection of work. All buildings or structures
within the scope of this code and all construction or work for
which a permit is required shall be subject to inspection by
the building official in accordance with and in the manner
provided by this code and IBC U 109 and 1704 or IRC
R109, as may be applicable.
FQ Board of Appeals. Section 205 of the Uniform Code for the Abatement of
Dangerous Buildings, entitled "Board of Appeals," is amended by substituting Section
205 with the following:
Sec. 205 Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order to
hear and decide appeals of orders, decisions, or
determinations made by the building official relative to the
suitability of alternate materials, designs, and methods of
construction and appeals of the reasonable application and
interpretation of the building codes. Appeals shall be made
as set forth in section 14.01.100 of the Kent City Code
Uniform Housing Code and Uniform Code for the
9 Abatement of Dangerous Buildings-Amendment
1
Gli. General - Definitions. Section 301 of the Uniform Code for the Abatement of
Dangerous Buildings is amended as follows.
See. 301 General. For the purpose of this code, certain
terms,phrases,words,and their derivatives shall be construed
as specified in either this chapter or as specified in the
building code or the housing code. Where terms are not
defined, they shall have their ordinary accepted meanings
within the context with which they are used. "�x�c"r's
Thir-d New Intema4ional Pietienary of the English Language-,
Words used in the singular
include the plural and the plural the singular. Words used in
the masculine gender include the feminine and the feminine
the masculine. Building code is the International Building
Code or the International Residential Code, as may be
applicable,promulgated by the International Code Council,
Inc., as adopted by this jurisdiction. Dangerous building is
any building or structure deemed to be dangerous under the
provision of section 302 of this code. Endangered as used in
section 302 means negatively affected, to any degree,by any
and all conditions, actions or omissions which, singularly or
together, reduce or are likely to reduce or negatively impact
the life or limb, health, property or safety of the public,
including but not limited to, economy in the provision of
public service, general welfare, economic viability, or
security in the enjoyment of the community.Health officer as
used in this code shall mean the building official or his or her
designee. Housing code is the Uniform Housing Code
promulgated by the International Conference of Building
Officials, as adopted by this jurisdiction.
HD. Repealer. Chapters 4 through 9 of the Uniform Code for the Abatement of
Dangerous Buildings are repealed. i
SECTIONS.—Severability. If anyone 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.
Uniform Housing Code and Uniform Code for the
10 Abatement of Dangerous Buildings-Amendment
SECTION4.—Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
SECTION S. - f_ffecttve date. This Ordinance shall take effect and be in force
thirty (30) days from and after its passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
I
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of August, 2004.
APPROVED: day of August, 2004.
PUBLISHED: day of August, 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
rr wamwu+cew..s'.+..rr.wces�.�rre:
Uniform Housing Code and Uniform Code for the
11 Abatement of Dangerous Buildings-Amendment
I
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: BOEING DEVELOPMENT AGREEMENT— SET HEARING DATE
2. SUMMARY STATEMENT: Set August 17, 2004, as the public hearing date to
consider a Development Agreement which covers approximately 231 acres on and
around the Boeing Space Center site. The property is located west of West Valley
Highway, north of S 212'h Street and south of S 1960' Street. On December 23, 2003,
Boeing received preliminary approval of a Binding Site Plan on the Space Center
property which necessitates a Development Agreement pursuant to KCC 12.04. As
outlined in RCW 36.70B.200, a public hearing is required.
3. EXHIBITS: None
4. RECOMMENDED BY: Staff
(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. 61
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: ADVANCED LIFE SUPPORT SERVICES RESOLUTION—ADOPT
2. SUMMARY STATEMENT: Adopt Resolution No. supporting the position
paper on Advanced Life Support Services, published by the Kent and Federal Way Fire
Departments,which recommends continuing exploration of a "dual provider"
alternative for the provision of Advanced Life Support Services in the South King
County region.
3. EXHIBITS: Resolution, memorandum from Fire Chief Jim Schneider to the public
Safety Committee, dated 7/15/04 and position paper on Provision of ALS Services
4. RECOMMENDED BY: Public Safety Committee
(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. 6J
FIRE DEPARTMENT
/.,��� Jim Schneider, Fire Chief
� o RCN T Phone 253-856-4300
Fax, 253-856-6300
Address: 24611 116th Ave SE
Kent, WA.98030-4939
DATE: July 15,2004
TO: Public Safety Committee
FROM: Jim Schneider,Fire Chief
SUBJECT: Advanced Life Support Services - Resolution
MOTION: I iecornmend the City Council adopt the proposed resolution regarding supporting
the position on Advanced Life Support Services and placing this resolution on the Consent
Calendar of the August 3, 2004 Council Meeting.
SUMMARY: The Kent Fire Department and the Federal Way Fire Department received
support from King County Emergency Medical Services to conduct an Advanced Life Support
Feasibility Study for south King County to determine whether or not the south King County
Medic One Program should transition into the fire service.
lAfter extensive financial and operational review the Federal Way Fire Department, the Kent Fire
Department, the City of Federal Way and the City of Kent feel that a dual provider model could
be a viable alternative to the delivery of paramedic services in south King County.
A Position Paper on the Provision of ALS Service was composed based up the Advanced Life
Support Feasibility Study for south King County This Position Paper identified several key
points supporting the dual provider option and also identified challenges and legitimate concerns
regarding a transition of the south King County Medic One program.
This Resolution has been reviewed and approved by the Legal Department/
EXHIBIT: Position Paper on Provision of ALS Services
BUDGET IMPACT: None
Kent Council Public Safety Committee
July 15.20104
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, supporting the position on Advanced
Life Support Services.
aRECITALS
A. In April 2003, the Kent Fire Department and the Federal Way Fire
Department received support from King County Emergency Medical Services to
conduct an Advanced Life Support Feasibility Study for south King County to
determine whether control and operation of the south King County Medic One
program should transition over to local municipal fire service departments or districts.
B. During this process, the Kent Fire Department and the Federal Way Fire
Department leadership teams formed an alliance and developed a solid dual provider
alternative to the current Advanced Life Support system in south King County.
C. After extensive financial and operational review, the City of Federal
Way Fire Department and the City of Kent Fire Department determined that a dual
provider model could be a viable alternative to the delivery of paramedic services in
south King County.
D. Thereafter, the two cities composed a position paper on the provision of
Advanced Life Support Services based on the Advanced Life Support Feasibility Study
1 Advanced Life Support Services—
Exploration of Dual Provider Alternative
for south King County. This position paper identified several key points supporting
the dual provider option. It also identified challenges and legitimate concerns
regarding a transition of the south King County Medic One program over to a localized
dual provider program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. — Support. The City of Kent supports the position on Advanced
Life Support Services, as described in the position paper on Advanced Life Support
Service, attached and incorporated as Exhibit A. The dual provider alternative appears
to be financially viable, and because it is not binding on the City, it merits further
exploration.
SECTION 2. — Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 3. —Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed.
SECTION 4. —Effective Date. This resolution shall take effect and be in force
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of
Kent, Washington,this day of August, 2004.
2 Advanced Life Support Services—
Exploration of Dual Provider Alternative
IN
CONCURRED in by the Mayor of the City of Kent this day of August,
2004.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the day of
August, 2004.
BRENDA JACOBER, CITY CLERK
3 Advanced Life Support Services—
Exploration of Dual Provider Alternative
■
June 22,2004
To: All Interested Officials
From: Chief Allen D. Church,Federal Way Fire Department
Chief Jim Schneider, Kent Fire Department
Re: Position on Provision of ALS Services
Introduction
We are writing this paper to explain our position on the completed ALS Feasibility Study for south
King County. First, we would like to thank all of those who tirelessly participated in this process.
This study attempted to answer the long asked question of whether or not the south King County
Medic One program should transition into the fire service. This feasibility study was the result of a
change to the King County Emergency Medical Services Strategic Plan prior to placing the last
EMS levy on the ballot. In that strategic plan the Cities of Federal Way and Kent requested and
received support for this study to occur.
The Federal Way Fire Department, a fire district,and the Kent Fire Department, a municipal fire
department, have been working together to provide emergency services to the citizens in south King
County for over 50 years. Both organizations have strong histories of serving our citizens. That
service tradition continues today with a resolve to ensure that the citizens of south King County are
provided with the most efficient, cost effective, and well coordinated emergency services that we
are able to provide. Thus, our mutual interest in the provision of ALS(advanced life support) in
south King County is that which has driven the ALS Feasibility Study over the past year.
Process
The ALS Feasibility study began in April of 2003, and over the past year all of the study
participants have increased their fundamental knowledge of how the south King County Medic One
program operates. At times this has been a frustrating process. We knew from the outset that a
study involving the transition of a prograrn with such a critical mission to our public would cause
some uncertainty, especially by the paramedics within south King County Medic One, and we
appreciate the fact that our long standing partnership with the south King County Medic One
program remains intact.
As explained throughout the ALS Feasibility Study report, several alternatives were discussed with
some receiving more support than others. The Federal Way and Kent Fire Department leadership
teams formed an alliance and developed a solid dual provider alternative to the current ALS system
in south King County. After extensive financial and operational review the Federal Way Fire
Department, the Kent Fire Department,the City of Federal Way and the City of Kent feel that the
dual provider model is a viable alternative to the delivery of paramedic services in south King
County.
EX0R �,
Rationale
It is not the intent of this paper to restate the ALS Final Report. However, we do feel that several
key points are worth highlighting to support of the Federal Way and Kent Fire Department dual
provider option.
• Both agencies primary focus is emergency services.
• Both agencies are operationally and administratively able to provide paramedic service.
i • Both agencies are committed to maintaining the current medical model and medical control.
+ Together with other fire departments in Zone 3,both agencies provide the highest quality of
emergency services regardless of political boundaries
• The dual provider model reduces administrative overhead costs, plus the fire service has a
limited FLSA exemption which will dramatically reduce overtime costs.
• The dual provider model allows paramedics to enroll in the LEOFF 2 pension plan, thus
allowing for potential retirement at age 53 instead of their current PERS plan that allows full
retirement at age 65. (It should be noted that to access the LEOFF 2 system, current
paramedics who are in the PERS program must apply to transition to LEOFF by June 30t1i of
2003 to order to qualify under "portability" legislation.)
• The Cities of Federal Way and Kent, along with all cities of 50,000 in population or more,
are part of the EMS levy approval process. The Federal Way and Kent"dual provider'
option provides local input, as more of a local stakeholder, into the ALS program
• Paramedic services throughout the rest of King County,as well as in Pierce County, are
managed by the fire service (except for private ambulance companies who employ
paramedics)
Hurdles
There are challenges and legitimate concerns to a transition of the south King County Medic One
program. We feel the points below are important to acknowledge because they represent the EMS
stakeholders who demonstrated resistance to a transition of ALS into the fire service.
I) The King County Medic One Employees Union. Clearly at the end of the process the
Paramedic Labor Union was against the transition.
2) The Medical Directors because they appeared to oppose adding any new physicians to
the current ALS Program Directors,although the dual model proposal did not suggest
adding physicians.
3) The fire department opinions in the region were mixed. It was clear that file
departments participating in the study, which already provided ALS in King County,
were not supportive of the dual provider model.
4) The King County Emergency Medical Services Division was opposed to any transition
away from King County to the fire service.
All of these obstacles can be overcome through a clearly defined transition process, wherein
negotiations with both King County and the Paramedic Union representing the employees of Medic
One would take place.
Summary
We have been willing partners in the provision of emergency medical services(EMS) in South King
County, and we will remain stanch partners in the delivery of emergency care to our patients. The
next months and years will be challenging for all of us whether a BLS (basic life support) or
BLS/ALS provider. With the growing pressures on property taxes all of our needs are changing and
adjusting to the desires of the public We have learned a great deal about the Medic One program.
In the years to come questions like the one we just studied and more will continue to challenge all
of us.
The citizens in South King County are not that much different than the citizens in Seattle,Bellevue,
Redmond and the east-side, Shoreline and the north end,Tacoma, Lakewood, University Place, Gig
Harbor,Central Pierce County, or any other area where ALS services are provided via their local
fire department. Paramedic's services in the fire service are also supported nationally by the IAFF
(International Association of Firefighters); unfortunately, the King County Medic One Union(an
IAFF bargaining unit)does not currently support that position as related to this current ALS
Feasibility Study. However, we know that we can be effective in managing the program. In fact,the
current study has clearly defined the following statement:
The Federal Way Fire Department and the Kent Fire Department(rave proven that it is feasible
to have an efficient and cost effective fire sci-rice based ALS program in South Icing Count}:
Furthermore,the Federal Wa'y and Kent Fire Departments have shown that a "dual provider"
program would work, and should be given strong consideration to ensure the long term success
of the ALS program in South King Count}:
In closing, we look forward to continued dialog on the provision of ALS and BLS services in South
King County.
i
1
T
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: PREVENTABLE FIRE ALARMS ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. amending the Kent City
Code to add a new Ch. 13.03, entitled"Preventable Activation of Fire Protection
Systems."
The City currently assesses and collects fees under Resolution No. 1559 for false fire
alarms. Although Resolution No. 1559 allowed for the assessment of false alarm fees,
it contained ambiguities that sometimes made enforcement difficult. The proposed
ordinance creates a new Kent City Code chapter related to the assessment, collection,
and administration of false fire alarm fees.
3. EXHIBITS: Ordinance; Memorandum from Fire Chief Jim Schneider to the Public
Safety Committee, dated 7/15/04; and Resolution No. 1559
4. RECOMMENDED BY: Public Safety Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? _ Revenue? X
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. 6K
FIRE DEPARTMENT
Jim Schneider, Fire Chief
Z000KENT Phone:253-856-4300
w•. ,..*o. Fax 253-856-6300
Address, 24611 116"Ave SE
Kent,WA.M30-4939
DATE: July 15,2004
TO: Public Safety Committee
FROM: Jim Schneider, Fire Chief
SUBJECT: Preventable Activation of Fire Protection Systems, Chapter 13.03 - Ordinance
MOTION: I recommend the City Council adopt an ordinance to add Chapter 13.03, Preventable
Activation of Fire Protection Systems, and placing this item on the Consent Calendar of the
August 3, 2004 Council Meeting.
SUMMARY: Currently, we have Resolution #1559 in place that established fees for false
alarms. We arc proposing adoption of this new Ordinance that is intended to continue to reduce
the number of false fire alarms that occur in commercial businesses located within the City and
the resulting impact those preventable alarms have on city resources by providing for enhanced
corrective administrative action, including the imposition of fees. Business will benefit from this
ordinance by reducing the impacts on daily operations during false alarms.
This ordinance will assist in reducing the number of preventable fire alarms due to human
interaction and system malfunction. All systems will be registered and alarm activity will be
tracked and repeated alarms will be assessed a fee as per the ordinance. This ordinance will
require that the cause of the system malfunction be corrected in a timely manner and that owners
will not be held accountable for any malicious activity beyond their control.
This ordinance has been reviewed and approved by the City Attorney.
EXHIBIT: Chapter 13.03 Preventable Activation of Fire Protection Systems
BUDGET IMPACT: Expenditures—None
Revenues—Possible increase
Kent Council Public Safety Committee
July 15,2004
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, adding a new Chapter 13.03 to the
Kent City Code, entitled "Preventable Activation of Fire
Protection Systems."
RECITALS
A. With the adoption of Resolution No. 1559 on November 16, 1999, the
City Council established fees to be charged for repeat false fire alarm incidents for the
same location during any calendar year.
B. Although false fire alarm fees have been assessed since 1999, the City
desires to amend the Kent City Code in order to include provisions regarding false fire
alarm fees in order to clarify when the fees will be assessed, how they will be assessed,
and how those fee assessments may be appealed.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. The following new Chapter 13.03, entitled
"Preventable Activation of Fire Protection Systems," is added to the Kent City Code:
1 Preventable Activation of
Fire Protection Systems
CHAPTER 13.03
PREVENTABLE ACTIVATION OF FIRE PROTECTION SYSTEMS
I
iSec. 13.03.010. Purpose. It is the intent of this chapter to reduce the number
of false fire alarms, or preventable activations of fire protection systems, that occur
within the City and the resulting impact those preventable alarms or activations have on
City resources by providing for corrective administrative action, including the
imposition of fees.
Sec. 13.03.020. Scope. This chapter shall apply to any structure for which a
fire protection system is required by the International Fire Code, which code has been
adopted by the City in KCC 13.01.010; provided, that this chapter shall not apply to
single-family homes.
Sec. 13.03.030. Preventable nuisance — Violation. It shall be deemed a
violation of this section if a fire protection system is triggered due to the following
preventable nuisance events, which results in a response by the fire department:
A. Erroneous transmission of an alarm, including reports of trouble signals by fire
protection system monitoring companies.
B. Work conducted on a fire protection system connected to an alarm when
reasonable steps were not taken to prevent reporting of an alarm to the fire department.
C. Fire drill or other test of a fire protection system when reasonable steps were not
taken to prevent reporting of an alarm to the fire department.
D. Painting, welding, cleaning, cooking, dust producing, or other work or activity
that activates an alarm.
2 Preventable Activation of
Fire Protection Systems
E. Unintentional manual activation of a fire protection system when reasonable
steps were not taken to prevent reporting of an alarm to the fire department.
F. Unintentional striking of a detector, circuitry, panel, or other component of an
alarm system, or unintentional breaking or discharging of a sprinkler system or other
fire extinguishing system, when reasonable steps were not taken to prevent the striking,
breaking, or discharge.
Sec. 13.03.040. Preventable malfunction — Violation. It shall be deemed a
violation of this section if a fire protection system is triggered due to the following
preventable malfunction events, which results in a response by the fire department:
A. Mechanical failure of the fire protection system.
B. Improper type or installation of a fire protection system, detector, circuitry, j
panel or other component, including unapproved or incompatible components
C. Improper sensitivity or maintenance of a fire protection system, including a
system with unapparent reasons for repeat alarms.
Sec. 13.03.050. Non-preventable events. It shall not be deemed a violation of
this section if a fire protection system is triggered due to the following non-preventable
events,which results in a response by the fire department:
A. An actual fire, explosion, overheating, or other situation existed that could have
resulted in a fire.
B. A person's belief that a fire or other emergency existed that required the
response of emergency personnel.
C. Unpreventable activation due to an earthquake, lightning strike, or other natural
occurrence.
3 Preventable Activation of
Fire Protection Systems
D. Malicious tampering with a fire protection system when, as determined by fire
department personnel, the owner or occupier took reasonable steps to prevent
tampering.
E. Unintentional leak of any system that releases steam, heat, gases, water, or
vapors that activates a fire protection system
F. Any other event as determined by the fire chief or his or her designee, at his or
her discretion, that reasonable steps were taken to prevent the activation, or the event
causing the activation was beyond the control of the person having or maintaining the
fire protection system on the premises owned or occupied by him or her.
Sec. 13.03.060. Fire protection system — Registration required. It shall be
unlawful for any person to have or maintain on any premises a fire protection system
unless there is on file with the Kent fire department a current emergency response
registration, which shall be submitted on a form provided by the City. The registration
form shall contain the following information:
A. The name, address, and business and evening telephone numbers of the property
owner or manager of the premises wherein the fire protection system is installed.
B. The name, address, and telephone number of a minimum of two (2) people who
can be notified by the fire department in the event the fire protection system is activated
and who shall be authorized to enter such premises and turn off any alarm at all hours
of the day and night. In addition, the individual must have the authorization to place
the system on hold and perform a fire watch.
C. All individuals identified in this section shall be capable of responding to the
premises within a reasonable time not to exceed 30 minutes.
4 Preventable Activation of
Fire Protection Systems
i
D. Any changes to the information required in this section shall be reported to the
fire department by the owner or manager of the premises within 15 days of such
change.
E. The registration requirements contained within this section may be modified by
the fire chief or his or her designee, at his or her discretion.
Sec. 13.03.070. Penalties—Fees—Notice of correction.
A. Fees. Each calendar year, which shall run January 1 through December 31, the
City shall charge and collect fees for preventable activations that require response by
fire department personnel. The fees assessed shall be charged to and collected from the
owner or manager of the premises. The fees shall be assessed as follows: '
1. Preventable Nuisance Alarms:
a. First Violation: No penalty
b. Second Violation: No penalty
C. Third Violation: $75.00
d. Fourth Violation: $100.00
e. Fifth Violation $125.00 ,
2. Preventable Malfunction Alarms.
a. First Violation• No penalty
b. Second Violation: $50.00
C. Third Violation: $75.00
d. Fourth Violation: $100.00
e. Fifth Violation: $150.00
3. Excessive Activations: Each preventable activation in excess of five (5)
during any one (1) year shall be assessed a fee of$250.00.
i
4. Fire Department Personnel Wait Time: In addition to the fees set forth
in subsection (A) of this section, in the event the owner, manager, or other notified
person fails to respond to the premises within thirty (30) minutes of notification, the
5 Preventable Activation of '
Fire Protection Systems
' owner or manager shall be assessed a fee equal to the hourly wage paid to fire
' department personnel for the time spent waiting in excess of thirty (30) minutes,
calculated to the nearest quarter hour; provided, that in the event the fire department is
required to hire an off-duty fire department employee to work as a result of the fire
department's response, the owner or manager shall be assessed the cost to the City of
' hiring the off-duty firefighter.
B. Preventable malfunction - Notice of correction. In addition to the fee
assessment set forth in subsection (A) above, the owner or manager of the premises
' shall within fifteen (15) working days after receipt of written notice to do so, prepare a
written report to the fire chief, on a form provided by the City, setting forth the cause of
an alarm's malfunction, the corrective action taken by the owner or occupier, whether
and when such fire protection system has been inspected by authorized service
' personnel, and such other information as the fire chief may reasonably require to
determine the cause of the malfunction, any mitigating circumstances, and the
tcorrective action necessary.
' Sec. 13.03.080. Notice of fee assessment - Collection.
A. Notice of fee assessment. Notice of the fees assessed or the corrective action
' required in accordance with section 13.03.070 KCC shall be sent by fire department
personnel to the owner and/or manager of the premises upon which the alarm occurred.
' Such notice shall be either personally served upon the owner or manager or transmitted
via first class certified mail/return receipt requested. Any fees assessed shall be due
' and payable within thirty (30) days from the date of the notice.
B. Delinquent accounts. Except to the extent modified by this section, the City
will treat all unpaid fee assessments as delinquent accounts under Chapter 3.10 of the
' Kent City Code.
' 6 Preventable Activation of
Fire Protection Systems
C. Collection agency. Any fee assessed under this chapter and unpaid shall '
constitute a debt to the City. The City may, pursuant to Ch. 19.16 RCW, use a ,
collection agency to collect outstanding debts, or it may seek collection by court
proceedings, which remedies shall be in addition to all other remedies. '
Sec. 13.03.090. Appeals. ,
A. Appeals to the fire chief. Any person subject to the imposition of fees or other
administrative sanction by fire department personnel under the terms of this chapter, ,
shall have a right of appeal therefrom to the City's fire chief. Appeals shall be in
writing and filed with the fire chief by 5:00 p.m. of the fifteenth (151h) calendar day ,
following the date the Notice of Fee Assessment or the Notice of Corrective Action
(�Required was issued. When the last day of the appeal period so computed is a
Saturday, Sunday, or federal or City holiday, the period shall run until 5:00 p.m. on the ,
next business day. Specific objections to the fee assessed and the relief sought shall be
stated in the written appeal. '
B. Appeals to superior court. The decision of the fire chief shall be final and
conclusive unless an appeal is filed with the superior court within twenty-one (21) '
calendar days of the fire chiefs decision. When the last day of the appeal period so
computed is a Saturday, Sunday, or federal or City holiday, the period shall run until '
the next business day. ,
SECTION 2. — Severabilitv. 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.
7 Preventable Activation of
Fire Protection Systems
' SECTION 3. — Effective Date This ordinance shall take effect and be in force
thirty (30) days from and after its passage as provided by law.
JIM WHITE, MAYOR
' ATTEST:
' BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
' PASSED: day of August, 2004.
APPROVED: day of August, 2004.
PUBLISHED: day of August, 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
nn.roawHHcevrsrnr�aa
8 Preventable Activation of
Fire Protection Systems
RESOLUTION NO. /SS9 '
A RESOLUTION of the City Council of the
City of Kent, Washington, adopting a new schedule of
fees for permits under the Uniform Building Code, the ,
Uniform Mechanical Code, the Uniform Plumbing
Code,the Uniform Fire Code, and related codes.
WHEREAS, Sections 13.02.020 and 14.01.070 authorize the City
Council, by resolution, to establish a schedule of fees applicable to permits and
inspections under the Uniform Building Code, the Uniform Mechanical Code, the
Uniform Plumbing Code,and the Uniform Fire Code; and
WHEREAS, it is appropriate to adjust the fees previously adopted by
Resolution No. 1511 relating to these codes and to consolidate other related fees; ,
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON '
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Fees established. The following schedules of fees shall ,
govern the monetary charges assessed by City departments for reviewing and
processing of permit applications and issuing of permits under the Uniform Budding, '
Mechanical,Plumbing,Fire, and related codes:
A. Building permit fees. Pursuant to Section 14.01.070 of the Kent City Code,
Table 1-A of the 1997 edition of the Uniform Building Code establishing
1 Adopting Fees Under the Uniform
Building,Mechanical,Plumbing, and Fire Codes
building permit fees (attached hereto as Exhibit A) is hereby adopted as the
' City of Kent's building permit fee schedule,with the following modifications:
1. Basic plan review fees. The basic plan review fee, after and in addition
to the payment of the initial plan review fee set forth in Section 108.3
of the 1997 edition of the Uniform Building Code, shall be a fee of
$50.00 for each permit issued upon a certified basic plan. Additional
plan review fees shall also be assessed at an hourly rate as set forth in
Table 1-A for additional plan review required for changes, additions,or
revisions to plans.
2. Administration of basic plans. Basic plans shall be administered to as
follows:
a. `Basic plans" are denied as complete plans for an entire
detached single family residential building, approved as such by
the building official,which:
' (i) Are clearly marked as being approved and certified as
basics by the building official;
(ii) Bear the author's (including but not Iimited to architect,
engineer, or others) acknowledgment and approval of
the plans submitted for use in the construction of a
number of buildings, without any limitation of quantity
or location. If any portion is designed by a licensed
architect or engineer, this acknowledgment shall bear
the author's stamp and signature.
(iii) Basic plan review fees shall apply only to detached
' single family residential buildings and shall apply only
to the originating owner or applicant
' (iv) Changes to basic plans which alter the exterior
dimensions or structure of the building shall be treated
as a new permit application.
2 Adopting Fees Under the Uniform
Building,Mechanical.Plumbing, and Fire Codes
b. The process for administering basic plans shall be as follows:
(i) Any person may apply for plan review and certification ,
of a basic by filing with the building official a written
request for such plan review and certification, along ,
with two or more complete sets of plans and the normal
plan review fee.
(ii) Upon completion and approval of plan review, the
applicant shall provide reproducible copies of complete '
approved plans to the building official.
C. The City building official is authorized and empowered to '
interpret and determine the applicability and administration of
the provisions of this resolution. '
3. The hourly rates set forth in sections 1 —4 under the heading of"Other
Inspections and Fees"in Table I-A, Exhibit A, is changed from $47.00
per hour to$75.00 per hour. Further, Section 5, as well as the footnotes '
of Table 1-A, are deleted.
B. Mechanical permit and plan review fees. Pursuant to Section 14.01.070 of the
Kent City Code, Table 1-A of the 1997 edition of the Uniform Mechanical
Code establishing mechanical permit fees (attached hereto as Exhibit B) is
hereby adopted as the City of Kent's mechanical permit fee schedule, except
that the hourly rates set forth in sections 1 — 4 under the heading of"Other
Inspections and Fees" in Table 1-A, Exhibit B, is changed from $49.50 per
hour to $75.00 per hour. Further,the footnote of Table 1-A is deleted. '
C. Plumbing permit fees. Pursuant to Section 14.01.070 of the Kent City Code,
Table 1-1 of the 1997 edition of the Uniform Plumbing Code establishing ,
plumbing permit fees (attached hereto as Exhibit C) is hereby adopted as the
City of Kent's plumbing permit fee schedule, except that the hourly rates set
forth in sections 1 — 4 under the heading of"Other Inspections and Fees" in
Table 1-1, Exhibit C, is changed from $30.00 per hour to $75.00 per hour. '
Further,the footnote of Table 1-1 is deleted.
3 Adopting Fees Under the Uniform
Building,Mechanica4 Plumbing, and Fire Codes
D. Fire permit fees. Pursuant to Section 13.02.020 of the Kent City Code, the
following fee schedule is hereby adopted for fire permits or certificates issued
by the Kent Fire Department:
1. Uniform Fire Code permit fees. Fire permits issued under the Uniform
Fire Code shall be$50.00 per permit per year.
' 2. Initial Fire and Life Safety inspections. The fee for initial Fire and Life
Safety inspections for new businesses shall be$50.00 per application.
3. Fire protection system permit. The fee for fire protection system
permits issued under the Uniform fire Code shall be $50.00 per
building per year.
4. False Fire Alarm Fee. The fee for repeated false fire alarm incidents
for the same location during any given 12 month period shall be as
follows:
First two false alarm responses are at no charge.
1 3'a false alarm $50.00
40 false alarm $75.00
5a'false alarm and any thereafter $100.00
5. Hydrantflow requests. The fee for fire hydrant flow requests shall be
$75.00 per hour.
6. Residential home heating fuel tank removal. The fee for residential
home heating fuel tank removal permits shall be$50.00 per application.
7. Fireworks fees.
a. The fee for fireworks permits for fireworks stands shall be
$100.00 per application.
b. The fee for fireworks displays shall be $10.00 per application.
8. Construction reinspection, Uniform Fire Code reinspection, and Fire
and Life safety reinspections. A reinspection fee in the amount of
' $75.00 per hour may be assessed for each reinspection when such
portion of work for which initial inspection is called is not complete or
1 when corrections called for are not made.
' 4 Adopting Fees Under the Uniform
Building,Mechanical,Plumbing, and Fire Codes
This section is not to be interpreted as requiring reinspection fees the
first time a job is rejected for failure to comply with the requirements of ,
the Uniform Fire Code or Kent City Code Chapters 13.02, Fire Codes,
13.03, Fire Suppression Systems, 13.04, Fire Hydrants, and 13.05,
Fireworks, but as controlling the practice of calling for inspections
before the job is ready for such inspection or reinspection. '
Reinspection fees may be assessed when the inspection record card is '
not posted or otherwise available on the work site, the approved plans
are not readily available to the inspector, for failure to provide access
on the date for which inspection is requested, or for deviating from
plans requiring the approval of the building official. ,
To obtain a reinspection, the applicant shall file an application therefor
in writing on a form furnished for that purpose and pay the reinspection ,
fee for said reinspection.
In instances where reinspection fees have been assessed, no additional
inspection of the work will be performed until the required fees have
been paid.
SECTION Z Repealed Resolution No. 1511 is hereby repealed in its '
entirety on the effective date of this resolution. ,
5 Adopting Fees Under the Uniform '
Building,Mechanical,Plumbing, and Fire Codes
r .
r
SECTION 3. Effective Date. The effective date of this resolution shall
be the effective date of the ordinance considered concurrently with this resolution
amending Chapter 13.05 of the Kent City code relating to fees for fireworks and other
related amendments.
' PASSED at a regular open public meeting by the City Council of the City
of Kent, Washington,this /6 day of , 1999.
CONCURRED in by the Mayor of the City of Kent this /7 day of
1999.
9W Y
T=,MA
' ATTEST:
/54�[-�n/
BRENDA JACOBER4,(CYY CLERK
1
APPROVED AS TO FORM:
r
5iER A. LUBOVICH,C Y
rI hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the (d day
Of 1999.
BRENDA JACO CITY CLERK
r+cww.nen�uAr�ram ea
6 Adopting Fees Under the Uniform
Building,Mechanical,Plumbing,and Fire Codes
r
, 1
1
TABLE 1-A—BUILDING PERMIT FEES
TOTAL VALVA71ON FEE
$1 00 to S500 00 $23.50
S501 00 to S2,000OD $23.50 for the first S500 00 plus S3 05 for each additional S 100 00,or fraction thereof,to and
including S2.DDO.00
$2,001 00 to S25,000 DO $69.25 far the first S2,000 00 plus S 14 00 for each additional SI,DDO 00,or fraction thereof:to
and including S25,00D 00
$25,001 00 to S50.000 00 $391 25 for the first S25.DD000 plus$10.10 for each additional$1,00000,or fraction thereof,
to and including S50,000 00
550,001 00 to$Io0,000 DO $643 75 for the first S50,0DO.00 plus$7 00 for each additional S 1.000 00,or fraction thereof, ,
to and including SI00.ODO 00
S 1 D0,001 00 to S500.000 00 $993 75 for the first S100.WO 00 plus 55 60 for each additional 51.000 00.or fraction thereof,
to and including S500,0DO 00
S5DO,001 00 to S 1,000,000 00 $3,233 75 for the first S500,000 00 plus S4 75 for each additional SI,000.00,or fraction
thereof,to and including S1,000.00000
$1,0D0,001.00 and up $5,609 75 for the fast$1,000,D0000 Pius 53 15 for each additional S 1,000 00.or fraction
thereof
Other Inspections and Fees:
I Inspections outside of normal business hours $47 00 per hours
(minimum charge—two hours)
2 Reinspection fees assessed under provisions of Section 305 9 .... . .. .. $47 OD per hours
3 Inspections for which no fee is specifically indicated .... ..... .. $4100 per hours
(minimum charge--one-half hour)
a. Additional plan review required by changes,additions or revisions to plans . S47 00 per hourl
(minimum charge—one-half hour)
5 For use of outside consultants for plan checking and inspections,or both . Actual costs2
tOr the total hourly cost to the funsdaction,whichever is the greatest This cost shall include supervision,overhead,equipment,hourly wages and fringe benefits of
the employees involved '
2Actual costs include administrative and overhead costs.
t�
EXHIBIT..-' r
TABLE 1-A 1"7 UNIFORM MECHANICAL CODE
1 TABLE 1-Ar—MECHANICAL PERMIT FEES
Permit Issuance and Heaters
I For the issuance of each mechanical permit... ... .. ... - .. ... .. .. .. ...... S23.50
2. For issuing each supplemental permit for which the ong"permit has not expired.been canceled or 6naled ..,.,..
........ .... ........ 725
Unit Fee Schedule
(Note-The following do nor includepermu-issuing fee.)
1. Furnaces
For the msullauon or relocation of each forced-atr or gravrty-type ttreate or burner,including ducts and vents attached to such appliance, S4 80
up to and including 100,000 Btu/h(29 3 kW) .. ..... . ......... .... .... ... .. .. .. ..... .,. .. ..
For the installation or relocation of tack forced-air or gravity-type furnace or bumer,including ducts aad vents anached to such appliance
over 100,000 Multi(293 kW) .. . ........ ... .. . .. ... .. .. .... ..... . .. . .... . 1820 _
For the installation or relocation of each floor furnace,including vent ............. ..... ... .. .... . .. ........ ............. 1480
' For the installation or relocation of each suspended beater,recessed wall beater or floor-mounted unit heater .. - ::::: :::;: 1480
2. Appliance Vents
For the installation,relocation or replacement of each appliance vent installed and not included in an appliance permit .. 725
3. Repairs or Additions
For the repair of,alteration of,or addition to each heating appliance,refrigeration unit,cooling unit,absorption unit,at each beating,cooling.
absorption or evaporative cooling system,including installation of Controls rdgalated by 0ic Mechanical Code ...... .. 1370
4 Botkrs,Compressors and Absorption Systems
For the installation or relocation of each boiler Or Compressor to and including 3 horsepower(10 6 kW),or each absorption system to
and including 100,000 Btulh(29 3 kW) . ... ...... ... . .... ... . ... .... ..... ............ ........ .... ..... ...... 14.70
For the installation or relocation of each boiler or compressor over three horsepower(10.6 kW)to and including 15 horsepower(52 7 kW),
or each absorption system over 100,0W Btu1h(293 kW)to and including 500,000 Btulh(146 6 kW).... .. 27 15
For the installation or relocation of each boiler or compressor over 15 horsepower(517 kW)to and including 30 horsepower(105.5 kW),
or each absorption system over 500,000 Brn/b(146.6 kW)to and including 1,000,0D0 Bno(293.1 kW) ....... ....... .. .... .......... 3725
For the Installation or relocation of each boiler or compressor over 3D horsepower(105.5 k W)to and mcludual;50 horsepower(176 kW),
or each absorption system over 1,000,000 Btuib(293 1 kW)to and including 1,750.000 Btu/h(512 9 kW) .. .- .. - .... ::.. 55 45
For the installation or relocation of each boiler or compressor over SD horsepower(176 kW),or each absorption system over
1.750,000 Btu/h(512.9 kW) . ... .. . . .. ....... ... .. ...... .... .. .. .. .. .. .. ..... .. 926.5
5 Air Handlers
1 For each air-handling unit to and including 10,D00 cubic feet per minute(din)(4719 Us),including duct attached thereto 10.65
Note:This fee does not apply to an air-handling unit which its a potrion of a factory-assembied appliance,cooling unit,evaporative cooler or
absorption unit for which a permit its required elsewhere in the Mechanical Code
For each air-handling unit over 10,000 cfm(4719IJs) ..... ... ... ... .. . ....... . ... . .. .. .. 1810
6 Evaporative Coolers
For each evaporative cooler other than portable type .... .. ... - .. ...... 10.65
7 Ventilation and Exhaust
For each ventilation fan connected to a single duct ...... .. .. ...... .. 7.25
For each ventilation system which is not a portion of any heating or au-condmonmg system authorized by a permit - 1065
For the installation of each hood which its served by mechanical exhaust,including the ducts for
such hood 10 65
8 Incinerators
For the installation or relocation of each domestic-type incinerator _ ... .. 1820
For the installation or relocation of each commercial or industrial-type incinerator .... .. -.. 14.50
9 Miscellaneous
For each applance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories,or for which
no other fee its listed in the table ........ ... .. .. 1065
Other Inspections and Fees;
1. Inspections outside of normal business hours,per hour(minimum chuge—two hours) ,- S49 50'
Z. Rernspection fees assessed under provisions of Section 116 6.per inspection .... . .. S49300
3. Inspections for which no fee is specifically indicated.per hour(minimum charge--one-half hour) . ....... . ... ......... ... .... $4950'
4 Additional plan review required by changes,additions or revisions to plans or to olans for which an initial review has been comoleled
(minimum charge—one-half hour) .. .. .. ..... ... .. ... .... ... ...... ... .. .. S49S0'
'Or the total hourly cox to the jurisdiction,whichever a the greatest This cost shall include supervision,overhead,equipment,
hourlywages and fringe benefits of the employees involved
6 EXHIBIT
Table 1.1 TABLE 1.1 UNIFORM PLUMBING CODE
Plumbing Permit Fees ,
Permit issuance
1. For issuing each permit.................................................................................... ............................$20.00
2. For issuing each supplemental permit............... ................................. ....... ........... .......... ...$10.00
Unit Fee Schedule(in addition to items 1 and 2 above)
1. For each plumbing fixture on one trap or a set of fixtures an one trap(including water,
drainage piping and backflow protection therefor)....................................................... ....................$7.00 '
2. For each building sewer and each trader park sewer.......................................................................$15.00
3. Rainwater systems-per drain(nside building)..................................................... ........................$7.00
4. For each cesspool (where permitted)............................V................................................................$25.00
5. For each private sewage disposal system. ............................... ....................................................$40.00
6. For each water heater and/or vent............................ . ...... .......................................................$7.00
7. For each gas-piping system of one to five outlets............................................... ........................$500
8. For each additional gas piping system outlet,per outet... ......................... ...................................$1.00
9. For each industrial waste pretreatment interceptor including its trap and vent,
except kitchen-type grease interceptors functioning as fixture traps.......................... ....................$7.00
10. For each installation,alteration or repair of water piping and/or water treating equipment,each.......$7.00
11. For each repair or alteration of drainage or vent piping,each fixture. .. ..................... ..... ......... ....$7.00
12. For each lawn sprinkler system on any one meter including backflow protection devices therefor....$7.00 ,
13. For atmospheric-type vacuum breakers not included in item 12:
1 to 5............................................................. . ... ............. .............. ............ ............. .........$5 00
over5,each............................. . ... ........ . ...... ...... ..... ................ ............ .........$1.00 '
14 For each backflow protective device other than atmospheric type vacuum breakers.
2 Inch(51 mm)diameter and smaller .................................. ........ ..................... ........ ....$7.00
over 2 inch (51 mm)diameter..................................................... ............... ..... ..............$15.00
15. For each graywater system................. ............................. ...... .. ....................... ... .........1. ...$40.00 ,
16. For initial installation and testing for a reclaimed water system... ................. ..... ..... .......... ...$30.00'
17. For each annual cross-connection testing of a reclaimed water system(excluding initial test).......530.00'
18. For each medical gas piping system serving one to five inlets)/ouflet(s)for a specific gas....... ....$50.00 '
19 For each additional medical gas iniet(s)/outlet(s) .... ................................... ....... ... $5.00
............. ...........
Other Inspections and Fees '
1. Inspections outside of normal business hours....... .... .......... ................................ .... .............$30.00'
2. Re!nspection fee........ ............................ ..................................... . .............. ......... ..... ........$30.00
3. inspections for which no tee is specifically indicated................................ .. .. .................................$30.00' ,
4. Additional plan review required by changes,additions or
revisions to approved plans(minimum charge-one-half hour) ............... .......... ..... ................$30.00'
'Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. This cost shall '
include supervision,overhead,equipment,hourly wages and fringe benefits of all the employees involved.
8 EXHIBIT
t
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: DISPOSAL OF SURPLUS EQUIPMENT—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the City Council to declare the equipment
described in the Public Works memorandum of 7/14/2004 as surplus and authorize staff
to appropriately dispose of the equipment in accordance with the City policy.
3. EXHIBITS: Public Works Director's memorandum
4. RECOMMENDED BY: Public Works Committee
(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:
1 Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6L
1
1
t PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P.E.
' Public Works Director
K E IN T Phone 253-856-5500
Fax 253-856-6500
W A S H I N G T O N
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: July 14, 2004
TO: Mayor White and Kent City Council
FROM: Don Wickstrom,Public Works Director
THROUGH- Lary R Blanchard
SUBJECT: Equipment Surplus
MOTION:
' Recommend that the City Council authorize staff to appropriately dispose of the equipment as
described in this memorandum and listed below.
SUMMARY:
The equipment described on the attached list was salvaged from the demolition of the following
sanitary sewer pump stations Seven Oaks and Del Webb (These pump stations were replaced by
' the Lindenthal Sanitary Sewer Lift Station.) These pumps and associated equipment are obsolete
and no longer compatible with other sanitary sewer pump stations in our system--therefore selling
this equipment is recommended. Sale of this equipment will be done according to current policies
for sale or disposal of surplus equipment
BUDGETIMPACT-
The monetary returns from the sale or disposal of this equipment will be incorporated into the
IUtility-Sewer Fund. This is a positive budget impact.
BACKGROUND:
Equipment List
uanti Description
Pumps/Motors- 2 40-HP Serial Numbers 8766I6A-1 and 876616A-2 (Del Webb)
2 15-HP Sena] numbers 797307k-3 and 797307K-4(Meadow Hills)
Generators. I 100KW Serial Number 1870925326
Model Number I00.ODGDB-L/30594A
(Del Webb)
1 1 20KW Serial Number L840741515
Model Number 20.OES-15R24163B
(Seven Oaks)
uanh Descnption
P/Opemtions/ADMM004PumpStationSurplusMemoCouncil Pap
Transfer Switches: 1 For 100KW Serial Number I870921314
Model Number OTCU225-G/226
(Del Webb)
1 For 20KW Serial Number B850750621 t
Model Number OTBCA100-4XU/3101E
(Seven Oaks)
Variable Frequency
Drive Controller: 1 Toshiba Serial Number 9A1092c9
Model Number 4055-TO420K
(Del Webb)
1
1
t
t
1
t
1
P/Operanons/ADMIM2004PmnpstauonSutplusMemoCouncil Page 2
t
�
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: LID 355 FINAL ASSESSMENT ROLL— SET PUBLIC HEARING
DATE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
set September 7, 2004 as the hearing date for the LID 355 final assessment roll and
direct the City Clerk to provide notice of the hearing as provided by law.
1 3. EXHIBITS: Public Works Director's memorandum and vicinity map
4. RECOMMENDED BY: Public Works Committee
(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
lDISCUSSION:
ACTION:
Council Agenda
Item No. 6M
1
1
1 PUBLIC WORKS DEPARTMENT
Don E Wickstrom, RE Public Works Director
Phone.253-856-5500
Fax. 253-856-6500
K ENT Address 220 Fourth Avenue S
WASHINGTON
Kent,WA 98032-5895
1 DATE: July 19, 2004
TO: Public Works Commmttee
FROM: Don Wickstrom,Public Works Director
SUBJECT: LID 355 —SE 216't' Street and 104a'Place SE Sanitary Sewer—Setting Public
Hearing Date for Confirmation of Final Assessment Roll.
1
MOTION The committee recommends that the City Council set September 7, 2004 for the
public hearing on the confirmation of the final assessment roll for LID 355.
SUMMARY: The construction of LID 355 is nearing completion. The Public Works
department is ready to have the final assessment roll confirmed and requests that the public
1 hearing date thereon be set for the September 7, 2004 council meeting.
BUDGET IMPACT:No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: Due to numerous septic problems in the area a number of the property
P P � P P rh'
owners signed an LID petition. The City Council adopted Ordinance# 3653 on August 5,2003
forming LID 355 for samtary sewer to service 39 properties,mostly single family residential and
one larger lot that is in the process of being platted into single family lots. City Council awarded
the construction contract on April 6, 2004 The construction is nearing completion and it is time
to finalize the assessment roll. The final assessments will be the same as the preliminary.
1
I 1
�SOOS CREEK
WATER AND
_SEWER DISTRICT
KENT SEWER
EXISTING SERVICE AREA i
SANITARY BOUNDARY
SEWER I {
UD
O *O 10 BOUNDARY
I
i
I
LEGEND
I
LJ I *O I 14 O NUMBER
,
I - LID PARCEL
PPRRNOP�D
SEWER
18 i ,7 1ti
NA NOT ASSESSED
I QUESTIONNAIRE
NA \ , * RESPONSE
O 21\ 2D t9 I 3t 32 O "PROCEED"
I
O 23 24 I 36 35 34
LID
BOUNDARY
25
37
38 39
2B * 220TN S
REVISED
g 28 2g 30
uTY CW KENT
¢ ENGINEENNO 0CPA RMENT AW W. OOWE 3T KENT. WA 00032
Rg§ S.E. 216TH STREET AND 104TH PLACE S.E.
§ KENT PROPOSED SANITARY SEWER LID MAP
H MAT. 2003
i
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: LID 356 FINAL ASSESSMENT ROLL— SET PUBLIC HEARING
DATE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
set September 21, 2004 as the hearing date for the LID 356 final assessment roll and
direct the City Clerk to provide notice of the hearing as provided by law.
1 3. EXIIIBITS: Public Works Director's memorandum and vicinity map
4. RECOMMENDED BY: Public Works Committee
(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
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, RE Public Works Director
Phone:253-856-5500
Fax 253-856-6500
K E N T Address: 220 Fourth Avenue S
WASHINGTON
Kent,WA 98032-5895
DATE: July 19, 2004
TO: Public Works Committee
FROM: Don Wickstrom,Public Works Director
SUBJECT: LID 356— I I I'h Avenue Sanitary Sewer(SE 256`s Street to 850 feet north)—
Setting Public Hearing Date for Confirmation of Final Assessment Roll.
MOTION. The Committee recommends
that the City Council set September 21, 2004 for the public hearing on the confirmation of the
final assessment roll for LID 356
SUMMARY: The construction of LID 356 is nearing completion The Public Works
department is ready to have the final assessment roll confirmed and requests that the public
hearing date thereon be set for the September 21, 2004 council meeting.
BUDGET IMPACT:No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: Due to septic problems in the area, a number of the property owners signed
an LID petition. The City Council adopted Ordinance#3657 on September 2,2003 forming LID
356 for sewer service to I 1 single family properties. City Council awarded the construction
contract on April 6, 2004. The construction will soon be complete and it is time to finalize the
assessment roll. The final assessments will be the same as the preliminary.
i
1
•.� - �.Ll
1
a
` BEN 11 ��
\ r
,mcvnr
PROPOSED 1
. VICINITY MAP
MT 111TH AVENUE S.E.
850 FT. NORTH)
T I
--- S.E. 252ND ST -
1 -,
- - F
1 ,---- -, - -- - --
SEI
6" SANITARY EXISTING
--SEWER I I SANITARY
-- SEWER
PROPOSED {
Sr SANITARY
SEWER I �_ __ -__ I T LEGEND
EXISTING ASSESSMENT
SIDE SEWER (D NUMBER
LID PARCEL
5 ,, SANITARY
i
SEWER
BOUNDARY SIGNED NEW
PETITION
9
-- -- - - S.E. 256TH
S
CRT Or KEN► ENGINEERING DEpAIRNUR Am W. GOWE ST KENT. WA. 96032
PROPOSED SANITARY SEWER L.I.D. BOUNDARY MAP
I�HT IIITH AVENUE S.E.
(S.E. 256TH STREET TO 850 FT. NORTH)G
e
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: LID 357 FINAL ASSESSMENT ROLL— SET PUBLIC
HEARING DATE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
set September 21, 2004 as the hearing date for the LID 357 final assessment roll and
direct the City Clerk to provide notice of the hearing as provided by law.
3. EXHIBITS: Public Works Director's memorandum and vicinity map
4. RECOMMENDED BY: Public Works Committee
(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. 60
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, RE Public Works Director
400 Phone,253-856-5500
Fax 253-856 s500
K E N T
W A S H I N G T O N Address, 220 Fourth Avenue S
Kent, WA 98032-5695
DATE: July 19, 2004
TO: Public Works Committee
FROM: Don Wickstrom,Public Works Director
SUBJECT: LID 357— 1206 Place SE Sanitary Sewers (SE 256"' Street to 200 feet south) —
Setttng Public Hearing Date for Confirmation of Final Assessment Roll.
MOTION. The Committee recommends that the City Council set September 21, 2004 for the
public hearing on the confirmation of the final assessment roll for LID 357.
SUMMARY:The construction of LID 357 is nearing completion. The Public Works
department is ready to have the final assessment roll confirmed and requests that the public
hearing date thereon be set for the September 21, 2004 council meeting.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: Due to septic problems in the area, a number of the property owners signed
an LID petition. The City Council adopted Ordinance# 3662 on October 7, 2003 forming LID
357 for sewer service to 6 single family properties. City Council awarded the construction
contract on April 6, 2004. The construction will soon be complete and it is time to finalize the
assessment roll. The final assessments will be the same as the preliminary.
1
�vivo
i fiii. :: �■ q
inn
L
EXISTING{ j
SANITARY`
SEWER -- VVETLAND
S.E.256TH ST
IX LEGEND
O ASSESSMENT
J j{ NUMBER
d PROPOSED
OO t i s S-SANITARY LID PARCEL
SEWER �, _ -—-PROPOSED
SANITARY
3 r jO L.I.D. _ SEWER
BOUNDARY
SIGNED NEW
PETMON
KENT SCHOOL DISTRICT i
�- - ADMINISTRATION OFFICES
-J
2Ry
• CITY OF KEMT ENOINEMNO DEPAK7MENT 400 W. OOWE IR KEW, WA. 9@032
PROPOSED SANITARY SEWER L.I.D. BOUNDARY MAP
KENT 120TH PL S.E.
(S.E. 256TH STREET TO 200 FT. SOUTH)
JULY. 2003
0
r
Kent City Council Meeting
Date August 3. 2004
Category Consent Calendar
1. SUBJECT: RUTH WIREN REZONE ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to land use
and zoning, rezoning approximately 3.97 acres of property located at the northwest
corner of 1360'Avenue SE and SE 253`d Street from Single Family Residential 4.5 units
per acre (SR-4.5) to Single Family Residential 6 units per acre (SR-6).
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Hearing Examiner
(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. 6P
i
1
!
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, relating to land use and zoning,
specifically the rezoning of approximately 3.97 acres of
property located at the northwest corner of 136`h Avenue
SE and SE 253d Street from Single Family Residential 4.5
units per acre (SR-4.5) to Single Family Residential 6 units
per acre (SR-6) (Ruth Wiren Rezone, #RZ-2004-1).
i
RECITALS
A. An application to rezone approximately 3.97 acres of property located at
i the northwest corner of 136`h Avenue SE and SE 253`d Street, Kent, Washington from
the current zoning of Single Family Residential 4.5 units per acre (SR-4.5) to Single
Family Residential 6 units per acre (SR-6) was filed on March 5, 2004, on behalf of the
owner Ruth Wiren(Ruth Wiren Rezone, #RZ-2004-1).
B. The City's SEPA responsible official issued a Determination of
! Nonsignificance (DNS) (#ENV-2004-8) for the proposed rezone on May 14, 2004, and
a public hearing on the rezone was held before the hearing examiner on June 16, 2004.
C. On June 30, 2004, the hearing examiner issued findings and conclusions
that the Ruth Wiren Rezone is consistent with the city's Comprehensive Plan, that the
proposed rezone and subsequent development activity would be compatible with the
development in the vicinity, that the proposed rezone will not unduly burden the
1 Ruth Wiren Rezone
transportation system in the vicinity of the property with significant adverse impacts
that cannot be mitigated, that circumstances have changed since the establishment of
the current zoning district to warrant the proposed rezone, and that the proposed rezone
will not adversely affect the health, safety, and general welfare of the citizens of the
City of Kent.
D. Based on these findings and conclusions, the hearing examiner
recommended approval of the Ruth Wiren Rezone.
E. On August 3, 2004, the City Council determined that the hearing
examiner's findings and conclusions are consistent with sections 15.09.050(A)(3)
and 15.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner, ,
and adopted the hearing examiner's recommendation for approval of the Ruth Wiren
Rezone from Single Family Residential 4.5 units per acre (SR-4.5) to Single Family
1 Residential 6 units per acre (SR-6).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
' ORDINANCE
SECTION 1. - Rezone. The property located at the northwest corner of 1361h
Avenue SE and SE 253`d Street, Kent, Washington consisting of approximately 3.97
acres depicted in Exhibit "A" (marked "Site"), attached and incorporated by this j
reference, and legally described in Exhibit "B", attached and incorporated by this
reference, is rezoned as follows:
King County tax parcel numbers 2222059148 located in Kent,
Washington, shall be rezoned from Single Family Residential 4.5 units
per acre (SR-4.5) to Single Family Residential 6 units per acre (SR-6).
2 Ruth Wiren Rezone
i
1
The city of Kent zoning map shall be amended to reflect the rezone granted above.
SECTION 2. - Severabikty If any one or more sections, sub-sections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 3. -Effective Date This ordinance shall take effect and be in force
five (5)days from and after its passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
I �
fBRENDA JACOBER, CITY CLERK
I
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
l
PASSED: day of August, 2004.
iAPPROVED: day of August, 2004.
PUBLISHED. day of August, 2004.
3 Ruth Wiren Rezone
1
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 1
Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P�Crvi1\ORDINANCE\RemM-RmhWven doc
i
1
I
i
I
4 Ruth Wiren Rezone j
I
---.SE 24orN Sr
u�1w vAUEr
DDLF MID
COUNTRY CLUB
SITELl
SE 20M St pc�
SE
25 �
SE 25M ST PL >
GARY DRAM f
v"' n SODS CREEK
PARK
LAKE
N > MERIDIMf
516
o LAKE
MERIDIAN
PARK
SE 272ND Sf
APPLICATION NAME: RUTH WIREN REZONE
REQUEST: #RZ-2004-1
1 EXHIBIT "A"
VICINITY MAP
LEGAL DESCRIPTION
The North half of the Northeast quarter of the Southwest quarter of the Southwest quarter of Section 22,
Township 22,Range 5 East,Willamette Meridian,in King County,Washington,less the North 155 feet
of the East 281 feet thereof.
Also described as Lot B of King County Lot Line Adjustment Number L93L0041 as recorded under
Auditor's file number 9306021698,in King County,Washington.
i
RUTH WIREN REZONE
#ENV-2004-8 KIVA#RPSA-2040658
#RZ-2004-1 KIVA#RPP4-2040659
vC vJ g D (Sharon Clamp, Planner)
mu ,.t ; 2004
CITY pF KF'NT t
PLANNING UL4ViCES
EXHIBIT "B"
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: KENTARA REZONE ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to land
use and zoning, rezoning approximately 6.4 acres of property located south of the
intersection of 104d'Avenue SE and SE 272"d Street from Single Family Residential
4.5 units per acre (SR-4.5) to Single Family Residential 6 units per acre (SR-6).
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Hearing Examiner
i (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. 6Q
ORDINANCE NO.
1
AN ORDINANCE of the City Council of the City
of Kent, Washington, relating to land use and zoning,
specifically the rezoning of approximately 6.4 acres of
property located south of the intersection of 1041h Avenue
SE and SE 272nd Street from Single Family Residential 4.5
units per acre (SR-4.5) to Single Family Residential 6 units
per acre(SR-6). (Kentara Rezone, #RZ-2003-1).
RECITALS
A. An application to rezone approximately 6.4 acres of property located
south of the intersection of 104`h Avenue SE and SE 272nd Street, Kent, Washington
from the current zoning of Single Fanuly Residential 4.5 units per acre (SR-4.5) to
Single Family Residential 6 units per acre (SR-6) was filed on January 24, 2003, by
Ken Peckman, Peckman Homes(Kentara Rezone, #RZ-2003-1).
B. The City's SEPA responsible official issued a Determination of
Nonsignificance (DNS) (#ENV-2003-2) for the proposed rezone on April 16, 2004,
2003, and a public hearing on the rezone was held before the hearing examiner on June
9, 2004.
C. On June 23, 2004, the hearing examiner issued findings and
conclusions that the Kentara Rezone is consistent with the city's Comprehensive Plan,
that the proposed rezone and subsequent development activity would be compatible
1 Kentara Rezone
with the development in the vicinity, that the proposed rezone will not unduly burden
the transportation system in the vicinity of the property with significant adverse
impacts that cannot be mitigated, that circumstances have changed since the
establishment of the current zoning district to warrant the proposed rezone, and that the
proposed rezone will not adversely affect the health, safety, and general welfare of the
citizens of the City of Kent.
D. Based on these findings and conclusions, the hearing examiner
recommended approval of the Kentara Rezone.
E. On August 3, 2004, the City Council determined that the hearing
examiner's findings and conclusions are consistent with sections 15.09.050(A)(3)
andl5.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner,
and adopted the hearing examiner's recommendation for approval of the Kentara
Rezone from Single Family Residential 4.5 units per acre (SR-4.5) to Single Family
Residential 6 units per acre (SR-6).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Rezone. The property located south of the intersection of 100
Avenue SE and SE 272°a Street, Kent, Washington consisting of approximately 6.4 t
acres depicted in Exhibit "A" (marked "Site"), attached and incorporated by this
reference, and legally described in Exhibit "B", attached and incorporated by this
reference, is rezoned as follows:
King County tax parcel numbers 322205-9049, 322205-9022, a portion of
322205-9192, and a portion of 322205-9190 located in Kent,
Washington, shall be rezoned from Single Family Residential 4.5 units
per acre (SR-4.5) to Single Family Residential 6 units per acre (SR-6).
2 Kentara Rezone
The city of Kent zoning map shall be amended to reflect the rezone granted above.
SECTION 2. - Severabdity. If any one or more sections, sub-sections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 3. -EEective Date. This ordinance shall take effect and be in force
five (5)days from and after its passage as provided by law.
' JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED. day of August, 2004.
APPROVED: day of August, 2004.
PUBLISHED: day of August, 2004.
3 Kentara Rezone
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 1
Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P%CmAOROIWANCE1R=w-Km[ doc
1
1
1
1
1
l
1
4 Kentara Rezone 1
ZONING MAP AMMENDMENT
EXHIBIT u.)
41co
a:_I ,3
fA
Q 2k
SR 4.5 00
62 6k O 2� ,0 �33
SW 1/4. SEC. 2�2N—R 5E, W.M.
NW 1/4. SEC. 32—T22N—R5E, W.M. SE 272ND SrT
SR 1
zZ
5�
k9
2�
�g2
SR 6
90 SR 2
19
RECEIVED RE EIVED
KENTARA JAN 2 4 2003 24 2003
#ENV-2003-2#RPSA-2030260 CITY OF KENT '' N Z5 C OF I�TIT
#SU-2002-7#RPP3-2030261
#RZ-2003-1 #RPP4-2030262 PERMIT CENTER � PLAN No SEmcm
(Matt Gilbert,Planner)
DAL.EY-MORROW-POBLETE, NC. °A° SC [N )ER HONES, INC.
726 AUBURN WAY NORTH 6510 SOUTHCENTER BLVD., TUKWLA, WA. 98188
AUBURN WASHINGTON 98002 PHONE: (2535333-2200 (FAX)333-2206 PHONE No. (206)248-2471
nos,
ZONM MAP ANAE DMENT
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EXHIBIT "A"
LEGAL
THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
OUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP
22 NORTH, RANGE 5 EAST, W M., IN KING COUNTY, WASHINGTON;
EXCEPT THE SOUTH 251 FEET THEREOF AS CONVEYED TO THE CITY
OF KENT BY DEED RECORDED UNDER RECORDING NUMBER
9310081300;
AND EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING
COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER
2739777.
TOGETHER WITH THAT PORTION OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 22 NORTH, RANGE
5 EAST, W.M., IN KING COUNTY, WASHINGTON. DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 3Z
THENCE SOUTH 00'40'49" WEST, ALONG THE EAST LINE OF SAID
SUBDIVISION, A DISTANCE OF 469.45 FEET TO A POINT
HEREIN-AFTER REFERRED TO AS POINT "A';
THENCE SOUTH 8"4'19" WEST A DISTANCE OF 143.55 FEET; ,
THENCE SOUTH 40220190 WEST A DISTANCE OF 148.93 FEET TO A
POINT HERON-AFTER REFERED TO AS POINT 'B
THENCE NORTH 89*42*130 WEST A DISTANCE OF 319.94 FEET;
THENCE NORTH 0136'53" EAST A DISTANCE OF 584.53 FEET TO A
POINT ON THE NORTH LINE OF SAID SECTION 3Z
THENCE SOUTH 8942'13' EAST, ALONG SAID NORTH LINE. A
DISTANCE OF 549.06 FEET TO THE POINT OF BEGINNING;
EXCEPT THE NORTH 30 FEET OF THE EAST 30 FEET THEREOF
CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER
RECORDING NUMBER 2739777;
AND TOGETHER WITH THAT PORTION OF THE NORTHWEST QUARTER OF
SAID SECTION 32 DESCRIBED AS FOLLOWS:
BEGINNING AT THE HEREIN-BEFORE DESCRIBED POINT 'A
THENCE SOUTH 89 54'19" WEST A DISTANCE OF 143 55 FEET;
THENCE SOUTH 40'22'19" WEST A DISTANCE OF 148.93 FEET TO THE
HEREIN-BEFORE DESCRIBED POINT 'B';
THENCE SOUTH 8942'13' EAST A DISTANCE OF 93.93 FEET;
THENCE NORTH 57'41'30" EAST A DISTANCE OF 32.79 FEET:
THENCE SOUTH 8236'22" EAST A DISTANCE OF 118.03 FEET TO A
POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
32, FROM WHICH THE SOUTHWEST CORNER THEREOF LIES A DISTANCE
OF 7231 FEET;
THENCE SOUTH 81'05'28" EAST A DISTANCE OF 328.62 FEET TO A
POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 32, FROM WHICH THE SOUTHEAST CORNER THEREOF
LIES A DISTANCE OF 22.50 FEET;
THENCE NORTH 00'40'04" EAST, ALONG SAID EAST LINE, A DISTANCE
OF 228.51 FEET TO THE NORTH LINE OF THE SOUTH 251 FEET OF
SAID WEST HALF;
THENCE NORTH 89'4832" WEST, ALONG SAID NORTH UNE, A
DISTANCE OF 325.20 FEET TO THE WEST LINE THEREOF;
THENCE SOUTH 00'40'49' WEST, ALONG SAID WEST LINE, A DIWJ%CF7
OF 66.84 FEET TO THE POINT OF BEGINNING.
EXHIBIT "B" '
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: S. 228TH ST. CORRIDOR STONE COLUMNS PROJECT— ACCEPT
AS COMPLETE
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
accept as complete the S. 228 h Street Corridor Stone Columns project and release the
retainage to Scarsella Brothers, Inc. upon standard releases from the state and release of
any liens. The original contract amount was $617,875.00. The final contract amount
was $632,175.20.
3. EXHIBITS: None
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 moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6R
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: 114TH AVENUE STREET IMPROVEMENTS BILL OF SALE—
ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for 114`h Avenue SE '/2 Street
Improvements submitted by Andy Rykels for continuous operation and maintenance of
110 feet of watermain, 107 feet of street improvements and 130 feet of storm sewer.
Bonds to be released after the maintenance period. This project is located at 25225
114`h Avenue SE.
3. EXHIBITS: Vicinity map
4. RECOMMENDED BY: Public Works Director
(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. 6S
i
' S i
0
VICINITY MAP
N T S.
114th Avenue SE Half Street Improvement
25225 114`h Avenue SE
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
' 1. SUBJECT: INMATE BOOKING FEES AND MEDICAL CARE COSTS
ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. which amends the Kent
City Code to allow the City to collect a booking fee from those inmates booked into the
' City's corrections facility and a fee to cover a portion of the costs to provide medical
care to inmates.
3. EXHIBITS: Ordinance and Memorandum from Arthur"Pat" Fitzpatrick to the
Public Safety Committee, dated 7/7/04
4. RECOMMENDED BY: Public Safety Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
' Expenditure? _ Revenue? Yes
Currently in the Budget? Yes No X
' If no:
Unbudgeted Expense: Fund General (booking feed Amount $104,136
Fund General medical co-pays) Amount $20,000
Unbudgeted Revenue: Fund General (booking fees) Amount $104,136
Fund General (medical co-pays) Amount $20,000
' 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
' Item No. 6T
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
' of Kent, Washington, amending the Kent City Code to
revise Ch. 2.34 and to add a new Ch. 9.34 relating to the
assessment of booking fees and the assessment of a portion
' of the costs for providing medical care to inmates.
i
iRECITALS
A. State law permits the City to collect from any person who is booked into
the Kent corrections facility a booking fee equal to the actual costs of booking an
i
' inmate.
' B. The City has booked approximately 4,339 inmates per year since 2001.
' C. The City has determined that it costs approximately forty dollars
($40.00) to book each inmate into the corrections facility, and that it would be in the
best interest of the City to collect this booking fee from each inmate booked into the
corrections facility.
D. While the City of Kent is required by law to provide medical care to
1 inmates who are confined in the Kent corrections facility, state law also permits the
City to take steps to recover those medical care costs.
] Booking Fee and Inmate Medical Services—
Assessment and Collection of Costs
E. The Finance Department has determined that the average cost to care for
an inmate at the corrections facility is one hundred three dollars ($103.00)per inmate. ,
F. It is the desire of the City Council to recover a portion of the cost of ,
providing medical care to inmates and to reduce the incidents of frivolous requests for
medical care.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Ch. 2.34 of the Kent City Code, entitled
"Municipal Court," is amended by adding a new subsection 2.34.170 as follows: '
Sec. 2.34.170. Court may require payment of medical care costs as part of '
judgment and sentence.
A. Assessment of costs. As part of a judgment and sentence, whether executed,
suspended, or deferred, the court may order the defendant to pay all or part of the ,
medical care costs incurred by the City during the defendant's confinement in the Kent
corrections facility. Such costs shall be as set forth in KCC 9.34.030. '
B. Proof of care. The inmate medical request form or a medical care document
submitted to the court by the City shall be sufficient proof that the defendant received
medical care while confined in the Kent corrections facility. In the event the inmate
appeals the assessment of the cost, the medical request form or medical care document
shall be admitted into evidence to show that the defendant was provided medical care. '
The court may add the cost of the medical care to any other amounts owed to the court
by the defendant. '
2 Booking Fee and Inmate Medical Services—
Assessment and Collection of Costs
C. Collection. All costs assessed pursuant to this section may be collected by the
court and may be subject to the collection process utilized by the court for collecting
other fines, fees, or costs; provided, that a defendant may appeal the assessment of
costs in accordance with KCC 9.34.030. Any costs collected pursuant to this section
shall be deposited into an account which shall be used to offset the costs of providing
' medical care to inmates.
' SECTION 2. — Amendment. Ch. 2.34 of the Kent City Code, entitled
"Municipal Court," is amended by adding a new subsection 2.34.180 as follows:
' Sec. 2.34.180. Court may assess booking fee. Pursuant to RCW 70.48.390
and KCC 9.34.020, the court may, upon receipt of notice from the corrections facility
that a person has insufficient funds in his or her possession at the time of booking or
has had insufficient funds deposited with the corrections facility on his or her behalf,
assess the booking fee established in KCC 9.34.020 or any remaining balance thereof.
1 Any fees collected pursuant to this section shall be deposited into an account which
shall be used to offset the costs of booking inmates into the corrections facility
SECTION 3. —Amendment. A new Ch. 9 34, entitled "Corrections Facility," is
added to the Kent City Code as follows:
CHAPTER 9.34
CORRECTIONS FACILITY
See. 9.34.010. Reserved.
' Sec. 9.34.020. Booking fee imposed.
A. Fee. Each person who is booked into the Kent corrections facility shall pay a
booking fee of forty dollars ($40.00). The booking fee shall be paid to the City of
Kent. The booking fee shall be assessed each time a person is booked as a result of
being arrested, being taken into custody by order of a court, returning from electronic
3 Booking Fee and Inmate Medical Services—
Assessment and Collection of Costs
home detention or monitoring, or returning after a temporary release. The booking fee
shall not be assessed when an inmate is returned to the corrections facility after a court '
appearance or medical procedure wherein the inmate remains in custody, or after
returning to the corrections facility after completion of a work time credit or work
release shift.
B. Payment of fee. The booking fee shall be paid immediately from any money ,
then possessed by the person being booked, or from any money deposited with the ,
Kent corrections facility on the person's behalf, provided, that in the event insufficient
funds are possessed by the person or deposited on his or her behalf, the corrections '
facility may notify the court and request that the court assess the booking fee or any
remaining balance due.
C. Return of fee. If the person from whom a booking fee is collected is not '
charged, is acquitted, or if all charges are dismissed, the corrections facility shall return
the amount collected to the person at his or her last known address as listed in the
City's booking records.
Sec. 9.34.030. Inmate responsible for portion of medical care costs.
A. Payment responsibility. Each defendant confined in the Kent corrections ,
facility shall be responsible for payment of a portion of the cost to provide medical
care to him or her while subject to confinement in the corrections facility. ,
j'B. Medical care costs. Each defendant confined in the Kent corrections facility '
shall be financially responsible for payment of fifteen dollars ($15.00) each time he or
she is provided medical care; provided, that a portion of this fee may be waived in the '
event medical staff determines the inmate has a chronic condition that requires
treatment at regular and frequent intervals or an inmate was provided medical care
more than one time during any one day for the same condition. In addition, each
inmate shall pay ten dollars ($10) for each course of prescription medication that is ,
4 Booking Fee and Inmate Medical Services—
Assessment and Collection of Costs
prescribed to the inmate. In the event an inmate requires transport by ambulance to a
medical care facility, he or she shall pay the actual costs billed to the City for such
transport.
C. Notification A defendant shall be notified that in the event he or she is
' provided medical care while confined in the Kent corrections facility, he or she shall be
responsible for payment of a portion of the cost of that care. The inmate shall also be
' notified that by receiving medical care, he or she agrees that the costs set forth in this
section may be collected by the court and that those costs will be added to any other
i ,' amount owing to the court, or, in the alternative, that the costs may be collected by
seizing the defendant's currency that is being held by the corrections facility, by
utilizing the services of a collections agency, or by any other legal means.
D. Proof of care. In the event the City chooses to utilize the Kent Municipal Court
to collect medical care costs, the City shall submit to the court a document that
1 identifies the inmate's name, date of birth, the date medical care was provided, and the
name of the provider to establish that medical care was provided and that the defendant
owes a portion of the medical care costs to the City.
' E. Forfeiture of inmate property At the discretion of the corrections facility, and
as an alternative to other collection methods, the corrections facility may seize a
portion of the United States currency that has been identified and recorded as inmate
property during an inmate property inventory. To this end, all United States currency
in the possession of an inmate, which is recorded upon booking, shall be subject to
forfeiture to cover the costs of medical care.
F. Appeal. A defendant may appeal the assessment of medical care costs;
provided, that the quality of medical care, the manner in which the medical provider
administers medical care, and the timing of medical care shall not be subject to appeal.
In the event the defendant wishes to appeal the assessment of medical care costs, he or
5 Booking Fee and Inmate Medical Services—
Assessment and Collection of Costs
she must provide written notice to the Kent corrections facility within five (5) days of
receiving such care. The written notice shall state the date the care was provided and
must contain a detailed explanation of the reasons for appealing the assessment of
costs. In the event the court has been utilized to recover such costs, the defendant's '
written notice shall be delivered to the court, and the court shall set a hearing to permit
the defendant to contest the assessed medical care costs. In the event the court was not ,
utilized to collect medical care costs, the corrections facility shall, in accordance with
its administrative appeal process, set an administrative appeal. At any appeal hearing,
the defendant shall bear the burden of proving, by a preponderance of the evidence,
that he or she is not responsible for the costs.
G. No denial of medical care. Under no condition shall medical care be denied or '
delayed due to an inmate's inability to pay the fees set forth in this section; provided,
that nothing in this section shall prevent the City from taking steps to collect medical '
care costs after care is provided.
SECTION 4. — 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.
SECTION S. -Effective Date. This ordinance shall take effect and be in force
thirty (30) days from and after its passage as provided by law. '
JIM WHITE, MAYOR
ATTEST: '
BRENDA JACOBER, CITY CLERK
6 Booking Fee and Inmate Medical Services— ,
Assessment and Collection of Costs
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
' PASSED: day of August, 2004.
' APPROVED: day of August, 2004.
PUBLISHED: day of August, 2004.
' I hereby certify that this is a true copy of Ordinance No.
Ipassed 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
r Y'iangDunrx'EmsmN'mamu.xewKaan.mrouatri e:
7 Booking Fee and Inmate Medical Services—
Assessment and Collection of Costs
LAW DEPARTMENT
00 Tom Brubaker, City Attorney
' Phone: 253-856-5770
KE N T Fax: 253-856-6770
W A S H I N O T O N Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
July 7,2004
To: Public Safety Committee
From: Arthur"Pat"Fitzpatrick,Deputy City Attorney 'if V.
Regarding: Booking Fees and Costs for Medical Care Provided to Inmates-Ordinance.
MOTION: Recommend Council adopt the proposed ordinance which amends the Kent
City Code to allow the City to collect a booking fee from those inmates booked into the
City's corrections facility and a fee to cover a portion of the costs to provide medical care
to inmates.
SUMMARY:
iBooking Fees. RCW 70.48.390 provides that the City may charge a booking fee equal to
the actual costs incurred or $100, whichever is less, for booking a person into its jail. This
statute further provides that the City may collect that booking fee immediately from any money
the person may then possess or any money which may be deposited with jail administration on
that person's behalf. The City's Finance Department conducted an evaluation of the cost to book
a person into the jail and deterniined the fee is approximately $40. A copy of that evaluation is
included with these materials. If this ordinance is adopted, the Finance Department has
estimated that the booking fees may generate revenue of$104,000 per year to help offset the
' booking costs.
Medical Care Costs. RCW 70.48.130 provides that all inmates are to receive emergency
and necessary medical care. In order to comply with this statutory requirement, the City
contracts with Occupational Health Services, an affiliate of Valley Medical Center, for these
medical care services. Over the past few years, the total cost to provide medical care to inmates
has averaged approximately$445,000 per year.
While the City is required to provide medical care to inmates, RCW 70.48.130 also
permits the City to obtain reimbursement from inmates for medical care provided to them. As
part of a judgment and sentence, RCW 70.49.130 further allows the court to order defendants to
repay medical care costs incurred by them while incarcerated. The City's Finance Department
has determined that the average cost to provide medical care to an inmate is approximately $100
per inmate booking and may generate a revenue of approximately $20,000 per year to help offset
the cost to provide medical care services to inmates. A more detailed explanation of the Finance
Department's revenue projection is attached with these materials.
BUDGET IMPACT:
Estimated revenue from recovery of booking fees: $104,136 per year.
Estimated revenue from recovery of a portion of the medical care costs: $20,000 per year.
1
FINANCE SERVICES '
R.J. Nachlinger, Director
Phone:(253)856-5260
K E N T Fax: (253)856-6255
W A 3 H I M O T O M Address: 220 Fourth Avenue S.
Kent,WA.98032-5895
June 8,2004
TO: Pat Fitzpatrick,Deputy City Attorney
CC: Tom Brubaker,City Attorney
FROM: Robert Nachlinger,Finance Director '
RE: Proposed Booking and Medical Fees, City of Kent Corrections Center
As per your request, we have completed our financial analysis of proposed booking and medical
fees. The City could generate approximately$104,000 and$20,000, respectively, annually using
the following assumptions:
Booking Fees: ,
✓ Booking Fees- $40 per original booking.
Note: '
Repeat bookings would not be subject to this fee provided that typical booking process '
(e.g. fingerprinting) not required.
✓ Number of Bookings—4,339 annually(average for 2001 through 2003).
✓ Fee Collection Rate—Sixty Percent
Medical Co-Pays: i
✓ Co-Payments- $15 (medical/dentaLlprescription drugs)
Note:
Co-Payments assessed on a "per event' basis for each scheduled appointment and '
emergency treatment provided outside Corrections Facility. For example, all lab work
and initial prescriptions would be included as part of the regular co-payment.
✓ Number of Bookings—4,339 annually(average for 2001 through 2003).
Corrections Booking Medical Fecs.doc 1
' ✓ Percentage of Bookings Requiring Medical Attention—Fifty Percent
✓ Number of Visits Per Booking-One
✓ Fee Collection Rate—Sixty Percent
Booking Fees:
1 Section 70.48.390 of the Revised Code of Uashington authorizes local governments to collect a
fee from each person who is booked into a city, county or regional jail a fee based on the jail's
actual booking costs or one hundred dollars, whichever is less. The fee is payable immediately
from any money then possessed by the person being booked and may also be collected through
the court.
We know of at least two other jurisdictions in the Puget Sound area that are imposing these fees:
City of Puyallup - $100.00 and City of Issaquah - $10.00. The City of Puyallup also imposes
costs of medical services provided.
The City booking process includes collection and processing of inmate personal items,
identification verification, photographing, finger printing, creation of inmate hardeopy and
electronic folder and completion of a medical questionnaire.
Each inmate booking cost the City approximately forty dollars and we have an annual average of
4,339 since 2001. We estimate that only sixty-percent of the fees assessed are actually
collectable, even if these costs are turned over to a collection agency. Therefore, we estimate
$104,000 in additional revenue to the City should this fee be assessed.
Medical Fees:
The City is authorized to obtain partial or full reimbursement from inmates for medical and
dental services provided.
Inmate medical services cost the City an avcrage of $445,000 or $100 per inmate booking
amorally since 2001. The City contracts with Occupational Health Services (an affiliate of
Valley Medical Center)for a substantial portion of medical services. The base contract provides
payment of$277,356 per year for 70 hours of nursing care and four hours of physician assistant
care for basic medical screening and care per week. These costs do not include prescriptions,
supplies,lab work,counseling services or special medical treatment such as for dental care.
The majority of inmates typically do not have medical or dental insurance coverage. Corrections
Facility personnel make a reasonable effort to determine whether inmates are covered by
insurance or other appropriate third-parties such as DSHS and provide this information to
appropriate medical and dental services providers.
1 Revenue projections are affected by various factors including, but not limited to, number of
inmates, inmate health, existence of health insurance and duration of incarceration. Typically,
50% of bookings result in some form of medical care for the inmate.
Corrections Booking Medical Fees.doc 2
Assuming a $15 per visit co-payment, 2,170 inmates requiring care, one visit per inmate and a
60%collection rate then the City could realize an additional $20,000 in annual revenues. '
Other Considerations:
✓ The Corrections Facility does not have an inmate accounts receivable and cash receipting
system Creation of system would require training and, if computerized, capital
investment. ,
✓ Receipting of fees would require establishment of a change fund as well as pick-ups by
courier for bank deposits. '
✓ Recommend that credit card payments not be accepted at the Corrections Facility. 1
✓ All fees not collected at the Corrections Facility should be referred to the Municipal
Court for imposition as part of"court costs".
✓ Unpaid fees would be subject to referral to collection agency in accordance with other
Municipal Court fines and costs.
i
1
1
1
1
Corrections Booking Medical Fees.doc 3
PROPOSED BOOKING FEE EVALUATION
Rate Calculation-2004
Source: Captain Loma Rufener,City of Puyallup(Finance Director);As indicated
Conclusion: Kent Corrections booking fees would generate an estimated$104,136 annually
(4,339 bookings at$40 each and assuming a 60%collection rate)
' Payroll and Benefits per Booking:
rAnnual Wages Hours Per
Position and Benefits Typical Booking Cost
' Corrections Officer $66,307 0.500 $15.94
Patrol Officer $80,500 0.167 $6A5
Payroll Costs Per Booking $22.39
Total Cost(Proposed Rate)per Booking:
Wages and Benefits $22.39 See"Payroll Rates'
Non-Payroll Operating Expenses 44% $17.59 See"Non-Payroll Expense Rate"
Total Estimated Cost Per Booking $39.98
Estimated Annual Revenues:
Average Annual Bookings(2001 -2003) 4,339 See"Bookings"
Recommended Booking Rate(Rounded) $40.00
Estimated Fees $173,560
' Provisions for Uncollected Portion(40%) $69,424 Assumes 60%collection rate
Estimated Fees Realized $104,136
Overview.
I 1. RCW 70.48.390 authorizes local government to impose a fee based on the lesser of
actual booking costs or$100. Previously,this fee was set at$10.
These fees are collected from the inmates at point of incarceration.
' 2. The Kent booking process includes collection and processing of inmate personal items, identification
verification,photographing,fingerprinting,creation of inmate"folder"(hardcopy and electronic)and
completion of a medical questionnaire.
3. The City of Puyallup imposes a$100 booking fee and Issaquah imposes a$10 fee.
The City of Puyallup allows inmates to keep$10. Historically,the City has a 45%collection rate.
' Assumptions:
1. The typically booking process takes 40 minutes, Corrections Officer(30)and Police Officer(10)
2. Non-operating costs are comprised of direct non-payroll Corrections expenses as well as
allocations from Employee Services, Finance and Legal These allocations are not actually
I included in the Corrections 2004 budget
3. The City has the authority to impose uncollected booking fees as court costs and,as necessary,
turned delinquent accounts over to collection. That said,we still only expect a 60%collectability rate.
Proposed Corrections Booking Fees.xls
Page 1 of 2
RCW 70.48.130 '
Emergency or necessary medical and health care for confined persons --
Reimbursement procedures -- Conditions -- Limitations.
It is the intent of the legislature that all jail inmates receive appropriate and cost-
effective emergency and necessary medical care. Governing units, the department
of social and health services, and medical care providers shall cooperate to
achieve the best rates consistent with adequate care.
Payment for emergency or necessary health care shall be by the governing i
unit, except that the department of social and health services shall directly
reimburse the provider pursuant to chapter 74.09 RCW, in accordance with the '
rates and benefits established by the department, if the confined person is eligible
under the department's medical care programs as authorized under chapter 74.09
RCW. After payment by the department, the financial responsibility for any
remaining balance, including unpaid client liabilities that are a condition of
eligibility or participation under chapter 74.09 RCW, shall be borne by the medical
care provider and the governing unit as may be mutually agreed upon between t
the medical care provider and the governing unit. In the absence of mutual
agreement between the medical care provider and the governing unit, the
financial responsibility for any remaining balance shall be borne equally between
the medical care provider and the governing unit. Total payments from all sources
to providers for care rendered to confined persons eligible under chapter 74.09
RCW shall not exceed the amounts that would be paid by the department for
similar services provided under Title XIX medicaid, unless additional resources are
obtained from the confined person.
As part of the screening process upon booking or preparation of an inmate
into jail, general information concerning the inmate's ability to pay for medical
care shall be identified, including insurance or other medical benefits or resources
to which an inmate is entitled. This information shall be made available to the
department, the governing unit, and any provider of health care services.
The governing unit or provider may obtain reimbursement from the confined
person for the cost of health care services not provided under chapter 74.09 RCW,
including reimbursement from any insurance program or from other medical
benefit programs available to the confined person. Nothing in this chapter '
precludes civil or criminal remedies to recover the costs of medical care provided
jail inmates or paid for on behalf of inmates by the governing unit. As part of a
judgment and sentence, the courts are authorized to order defendants to repay all
or part of the medical costs incurred by the governing unit or provider during
confinement.
To the extent that a confined person is unable to be financially responsible for ,
medical care and is ineligible for the department's medical care programs under
chapter 74.09 RCW, or for coverage from private sources, and in the absence of '
an interlocal agreement or other contracts to the contrary, the goveming unit may
obtain reimbursement for the cost of such medical services from the unit of
government whose law enforcement officers initiated the charges on which the ,
ti f-Fn•//...une. In, ni..,Mrll/l:n.dr.,. "^ wn 4-^^-._ _a - 1.-.1. 1 .
Page 2 of 2
person is being held in the jail: PROVIDED, That reimbursement for the cost of
such services shall be by the state for state prisoners being held in a jail who are
accused of either escaping from a state facility or of committing an offense in a
' state facility.
There shall be no right of reimbursement to the governing unit from units of
government whose law enforcement officers initiated the charges for which a
person is being held in the jail for care provided after the charges are disposed of
by sentencing or otherwise, unless by intergovernmental agreement pursuant to
chapter39.34 ROW.
Under no circumstance shall necessary medical services be denied or delayed
' because of disputes over the cost of medical care or a determination of financial
responsibility for payment of the costs of medical care provided to confined
persons.
' Nothing in this section shall limit any existing right of any party, governing
unit, or unit of government against the person receiving the care for the cost of
the care provided.
[1993 c 409§ 1; 1986 c 118 § 9; 1977 ex.s. c 316 § 13.]
NOTES:
Effective date -- 1993 c 409: "This act is necessary for the immediate
preservation of the public peace, heath, or safety, or support of the state
government and its existing public institutions, and shall take effect immediately
! [May 15, 1993]." [1993 c 409 § 2.]
Severability-- 1977 ex.s. c 316: See note following ROW 70.48.020.
!
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Page 1 of 1
RCW 70.48.390
Fee payable by person being booked. ,
A governing unit may require that each person who is booked at a city, county, or
regional jail pay a fee based on the jail's actual booking costs or one hundred ,
dollars, whichever is less, to the sheriffs department of the county or police chief
of the city in which the jail is located. The fee is payable immediately from any '
money then possessed by the person being booked, or any money deposited with
the sheriffs department or city jail administration on the person's behalf. If the
person has no funds at the time of booking or during the period of incarceration, 1
the sheriff or police chief may notify the court in the county or city where the
charges related to the booking are pending, and may request the assessment of
the fee. Unless the person is held on other criminal matters, if the person is not
charged, is acquitted, or if all charges are dismissed, the sheriff or police chief
shall return the fee to the person at the last known address listed in the booking
records. ,
[2003 c 99 § 1; 1999 c 325 § 3.]
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Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
I1. SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENT—CONFIRM
j 2. SUMMARY STATEMENT: Confirmation of the Council President's appointment
of Councilmember Debbie Raplee to serve as the City Council representative to the
Kent Human Services Commission. Councilmember Raplee will serve as a non-voting
imember of the commission.
3. EXHIBITS: Memo
4. RECOMMENDED BY: Council President
(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. 6U
' OFFICE OF THE CITY COUNCIL
Phone 253-856-5712
Fax 253-856-6712
Address. 220 Fourth Avenue S
Ns KENT Kent,WA 98032-5895
WASHINGTON
DATE: July 23, 2004
' TO: Mayor Jim White
City Council Members
THRU: Mike Martin, CAO
' FROM: Julie Peterson, City Council President
SUBJECT: Appointment to Kent Human Services Co ssion
I have appointed Councilmember Debbie Raplee to serve as the City Council representative to
the Kent Human Services Commission. Councilmember Raplee will serve as a non-voting
member of the Commission.
c: Katherin Johnson,Housing and Human Services Manager
1
Kent City Council Meeting
Date August 3, 2004
Category Consent Calendar
1. SUBJECT: ARTS COMMISSION APPOINTMENT—CONFIRM
2. SUMMARY STATEMENT: Confirmation of Council President's appointment of
Councilmember Dr. Deborah Ranniger to serve as the City Council representative to the
Kent Arts Commission. Dr. Ranniger will serve as an ex-officio member of the
tCommission.
3. EXHIBITS• Memo
4. RECOMMENDED BY: Council President
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
1 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
i
DISCUSSION:
ACTION:
Council Agenda
Item No. 6V
OFFICE OF THE CITY COUNCIL
Phone.253-856-5712
! Fax: 253-856-6712
Address. 220 Fourth Avenue S
KENT Kent,WA 98032-5895
WASNINGTGN
DATE: July 23, 2004
TO: Mayor Jim White
City Council Members
THRU: Mike Martin, CAO
' FROM: Julie Peterson, City Council Preside
SUBJECT: Appointment to Kent Commission
! I have appointed Councilmember Dr. Deborah Ranniger to serve as the City Council
representative to the Kent Arts Commission. Dr. Ranniger will serve as an ex-officio member pf
the Commission.
c: John Hodgson, Parks, Recreation and Community Services Director
Ronda Billerbeck, Cultural Program Manager
!
!
Kent City Council Meeting
Date August 3, 2004
Category Bids
1. SUBJECT: 4TH AVENUE AND RAMSAY WAY INTERSECTION
IMPROVEMENTS —AWARD
2. SUMMARY STATEMENT: The bid opening for this project was held on July 27,
2004, with three bids received. The low bid was submitted by Transtech Electric in the
amount of$387,572.90. The Engineer's estimate was $370,795.00. The Public Works
Director recommends awarding the contract to Transtech Electric.
3. EXHIBITS: Public Works Director's memorand
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, et .
5. FISCAL IMPACT
Expenditure? X Revenue? _
Currently in the Budget? Yes X No
If no:
' Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
1 6. CITY COUNCIL ACTION:
Councilmember �W moves, Councilmember A4U.mw-ry seconds
to authorize the Mayor to enter into a contract to award the 4th Avenue and Ramsay
Way Intersection Improvements contract to Transtech Electric in the amount of
$387,572.90.
DISCUSSION: —"
ACTION:
Council Agenda
Item No. 8A
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
Phone 253-856-5500
K E N T Fax 253-856-6500
W A S H I N G T G N Address 220 Fourth Avenue S
Kent,WA 98032-5895
July 28, 2004
TO: Mayor White and Kent City Council
FROM: Don Wickstrom, Public Works Director
SUBJECT: 41h Avenue at Ramsay Way Intersection Improvements
Bid opening for this project was held on July 27, 2004 with three bids received. The low bid was
submitted by Transtech Electric in the amount of$387,572.90. The Engineer's estimate was
I $370,795.00. The Public Works Director recommends awarding this contract to Transtech
Electric
Bid Summary
Transtech Electric $387,572 90
Signal Electric $409,096.15
Road Construction N W $413,284 00
1 Engineer's Estimate $370,795.00
' Mayor White and Kent City Council 4"Avenue at Ramsay Way Intersection Improvements-Award Bid
August 3,2004
' 1
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
F
B. OPERATIONS COMMITTEE
If
C. PUBLIC SAFETY COMMITTEE
D. PUBLIC WORKS W Y $� (b co) S
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
i
F. PARKS AND HUMAN SERVICES COMMITTEE
G. ADMINISTRATIVE REPORTS In[0/,r., 1 `L 5 l5
vw c,-�
REPORTS FROM SPECIAL COMMITTEES
1
OPERATIONS CONEMMEE MINUTES
JULY 6,2004
Committee Members Present: Chair Tim Clark, Bruce White, Ron Harmon was
present on behalf of Julie Peterson who was absent
IThe meeting was called to order by Tim Clark,Chair at 4:06 p.m.
Agenda Items No. 6 and 7 were removed from the agenda and one item was added to
the agenda regarding National Night Out.
APPROVAL OF MINUTES DATED JUNE 15,2004
Bruce White moved to approve the minutes of the June 15, 2004, Operation
Committee meeting. The motion was seconded by Ron Harmon and passed 3-0.
APPROVAL OF VOUCHERS DATED JUNE 15,2004,AND JUNE 30,2004
Finance Director Bob Nachlinger presented the vouchers for June 15, 2004, and June
30, 2004, for approval.
Bruce White moved to approve the vouchers dated June 15, 2004, and June 30,
2004. Ron Harmon seconded the motion,which passed 3-0.
' GROUP HEALTH COOPERATIVE 2004 CONTRACT
Benefits Manager Becky Fowler presented the Group Health Cooperative 2004
' Contract for renewal of the Group Health Cooperative of Puget Sound contract for the
City's insured health maintenance Organization (HMO). The 2004 contract reflects
an approximate 22.6% increase in the health care premiums charged by Group Health
Cooperative and is budgeted in the health and welfare fund. Ms. Fowler stated that
the City purchases insurance with Group Health Cooperative of Puget Sound. Group
Health is a non-profit, health maintenance organization (HMO) providing primary
care medical and specialty center throughout the Pacific Northwest Approximately
42 employees and their families are covered under our Group Health Cooperative plan
which has a budget impact of$258,864 from the Health& Welfare Fund
Ron Harmon moved to recommend the 2004 Group Health Cooperative contract
for the City's insured HMO plan be placed on the City Council consent calendar
for the July 20, 2004 meeting.. Bruce White seconded the motion, which passed
3-0.
Operations Committee Minutes
July 6, 2004
1
NATIONWIDE DEFERRED COMPENSATION(457)PROGRAM
Benefits Manager Becky Fowler presented the Nationwide Deferred Compensation i
(457) Program which amends the Nationwide Retirement Solutions, Inc. Plan
Document, implementing the deferred compensation (457) loan program option for
employees and delegating certain administrative duties regarding loans to Nationwide.
The City contracts with Nationwide Retirement Solutions, Inc. as one of the third
party administrators for the City's deferred compensation (457) programs. Recently
issued proposed regulations under Internal Revenue Code Section 457 provide that
eligible governmental 457(b) plans may permit loans to employees. Ms. Fowler
stated that there is no budget impact associated with this program.
Bruce White moved to recommend that the amended Plan Document for the
Nationwide deferred compensation (457) loan program be placed on the City ,
Council consent calendar for the July 20, 2004 meeting. Ron Harmon seconded
the motion,which passed 3-0.
ICMA ADMINISTRATIVE SERVICES AGREEMENT S
Benefits Manager Becky Fowler presented the ICMA Administrative Services '
Agreement for the Committee approval. Ms. Fowler advised that this agenda item is
an amendment of the ICMA Plan Administrative Services Agreement for a five year '
administration services agreement beginning on the execution date and ending 5 years
after the execution date. The current plan administration fee is .90% and with
approval of the 5 year administration services contract the plan administration fees
will be reduced to 0.29%. The City currently contracts with ICMA as one of the third ,
party administrators for the City's deferred compensation (457) programs. Deferred
compensation is a program that allows employees to save and invest today for their
retirement. ICMA-RC has agreed to provide for an annual reduction in the Plan
Administration fees paid under the Agreement, eliminate the Mutual Funds Fee under
the Agreement for the Plan over the term of the Agreement and to reduce their plan
administration fee to 0.29%. Ms. Fowler advised there is no budget impact from this
agenda item.
Ron Harmon moved to recommend the ICMA-RC Deferred Compensation
Program Administrative Services Agreement,which is amended to include a five
year contract term and an administrative fee rate of 0.29%, be placed on the
City Council consent calendar for the July 20, 2004 meeting. Bruce
White seconded the motion,which passed 3-0.
2
Operations Committee Minutes
July 6,2004
j
NATIONAL NIGHT OUT EVENT
Chief Administrative Officer Mike Martin presented the added agenda item regarding
National Night Out stating that National Night Out is an annual event designed to
bring neighborhoods together for community enhancement and crime prevention.
Every year, the police department, City Council, and other City representatives take
this opportunity to thank the citizens that make this neighborhood crime prevention
program work. National Night Out occurs on the first Tuesday in August, which
conflicts with the City Council meeting scheduled on the same night. In order to
participate in this event, the City Council will need to move the time for its regular
meeting on August 3, 2004, from 7:00 p.m.to 5:00 p.m.
Bruce White moved to recommend the City Council consider at its next meeting
1 to move its regular meeting from 7:00 p.m.on August 3,2004, to 5:00 p.m. and to
direct the City Clerk to give notice of the time change in the same manner as a
special meeting. Ron Harmon seconded the motion,which passed 3-0.
The meeting was adjourned at 4:20 p.m.
' Cheryl Viseth
Acting Operations Committee Secretary
3
Parks and Human Services Committee Minutes
June 17, 2004
Committee Members Present: Deborah Ranniger
Committee Members Absent: Chair Julie Peterson, Debbie Raplee
Other Council Present: Les Thomas I
Councilmember Ranniger called the meeting to order at 4:00 p.m. Councilmember Les
Thomas attended the meeting to reach a quorum for action items.
1. Approval of Minutes of May 20, 2004
Councilmember Thomas moved to approve the minutes of May 20, 2004, Council
member Ranniger seconded and the motion carried. Chair Peterson was
contacted by telephone and concurred.
2. 2004 Western States Arts Federation Grant for the Actors' Gang
Cultural Services Manager Ronda Billerbeck shared that staff applied for and
received a grant from WESTAF to fund a Los Angeles based theater company ;
presenting "The Guys"which features the experiences of 9-11 from the
perspective of New York citizens.
Councilmember Thomas moved to recommend that 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. Council member Ranniger seconded and the
motion carried. Chair Peterson was contacted by telephone and concurred.
3. 2005 Western States Arts Federation Grant for Keola Beamer
Council member Thomas moved to 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. Council member
Ranniger seconded and the motion carried. Chair Peterson was contacted by
telephone and concurred.
Cultural Services Manager Ronda Billerbeck explained that staff applied for and
received a second grant from WESTAF to fund a presentation in 2005,featuring
music indigenous to the Hawaiian Islands.
4. King County Conservation Futures Amendment to Interlocal Cooperation '
Agreement for Clark Lake Park Open Space Acquisition -Accept and amend
Budget.
Superintendent of Parks Planning and Development Lori Flemm reported that
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 on November 24, 2003 by King County through Ordinance
No. 14852. This amendment is part of the existing Interlocal Cooperation
Agreement entered into between the City of Kent and King County on January
29, 1991 and provides for the allocation of additional funds made available for
open space acquisition. Staff also applied for two state grants to match funds
and received verbal notice of award for one so far. The house on the property
may preserved for environmental education purposes.
Councilmember Thomas moved to recommend Council accept the $300,000.00
levy allocation 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 for the Clark Lake Park Open
Space acquisition. Council member Ranniger seconded and the motion carried.
Chair Peterson was contacted by telephone and concurred.
5. Urban Forestry Program - Informational
Superintendent of Parks Planning and Development Lori Flemm shared that the
On July 6, 1999 Council adopted a new Street Tree List. Every five years, staff
reviews the list for availability, survival rate, growth habits, and average cost. The
Director of Parks has authorization to approve the removal and/or addition of
trees to the list after staff evaluation. Staff is recommending that some tree
species be removed from the list and other species be added to the list (see
attached Proposed Street Tree List).
Supt. Flemm explained that every March since 2000, staff from Parks and
Environmental Engineering present tree education programs in the Kent School
District classrooms on how to pot and raise native trees and shrubs. The
students receive plants to grow throughout the spring and summer. They monitor
the growth using a workbook and then plant them in late October. Each year staff
receives letters from the students that are very heartening and thankful for the
1 program. The program is funded in part from Kent Lions Club, Kent Rotary, King
Conservation District and Pacific Plants, Inc.
6. Washington Recreation and Parks Association Spotlight Awards - Informational
Awards were presented at the WRPA Annual Conference held in Spokane on
April 29. The Park's Walking Guide was submitted for consideration in the
"Spotlight Media Award Category" for"Best Single Brochure." Canterbury
Neighborhood Park was submitted for consideration in the "Spotlight Facility and
Parks Award in the Park Category." The Walking Guide received an Honorable
Mention Certificate and Canterbury Neighborhood park received an Award of
Merit. King County and the Washington Department of Health assisted in the
funding of the brochure.
7. Lake Meridian Park Boat Launch Improvements - Informational
l
On June 9, a public meeting was held to receive comments from Lake Meridian
residents of Lake Meridian. Improvements include providing a new accessible
boarding float- replacingt the current 12' ramp with a 16' poured-in-place
concrete ramp, dredging the channel and repairing the asphalt approach. The
new boarding float will allow boat access for the elderly and disabled. Park staff
applied for an Interagency Committee for Outdoor Recreation (IAC), Boating
Facilities Program grant to fund the improvements. Construction will begin
after Labor Day 2004 and the project will be complete by 2005.
8 World Vision Soccer Ball Program- Informational
The City of Kent, in partnership with Washington Recreation and Park
Association and World Vision are working together to collect 250,000 new and
slightly used soccer balls and air pumps to give to needy children around the
world. Cash donations are accepted as well.
World Vision is a humanitarian organization, serving the world's poorest children
and families in nearly 100 countries. World Vision maintains health, education,
agriculture, water, sanitation and small business projects that help millions of
people in their communities, helping transform the lives of children and families in
need without regard to their religious beliefs, gender, race or ethic background
The meeting adjourned at 4:30 p.m.
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 Is` 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 this 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 IPermdT1=1P1=ningCommuree11004Wimues1061404pc-min doc
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PUBLIC SAFETY COMMITTEE MEETING MINUTES
June 17, 2004
COMMITTEE MEMBERS: Debbie Raplee,Les Thomas, Deborah Ranniger,Chair t
• The meeting was called to order by Deborah Ranger at 5:OOPM.
• Debbie Raplee had an excused absence from this meeting and Ron Harmon served in her
place.
• Chair Ranger asked for additions or changes to the agenda.
• Chief Crawford gained approval to add two action items to the agenda(#8 and#9)and one
informational item on fireworks.
1. Approval of Minutes of May 20,2004
Les Thomas moved to approve the minutes of the May 20,2004 meeting.
The motion was seconded and passed 3-0.
2. Corrections Facility Medical Services Agreement-AUTHORIZE
Deputy City Attorney Patrick Fitzpatrick reviewed the contract negotiation process and
stated that this agreement would save the City approximately$65,000 per year in medical
services.
Ron Harmon moved to recommend the City Council 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 and placing
this on the Consent Calendar for the Julv 6,2004 Council Meeting.
The motion was seconded and passed 3-0.
3. Corrections Facility consultant services agreement with Schick Shade] Hospital-
AUTHORIZE
Chief Ed Crawford reviewed the services offered in the agreement.
I
Les Thomas moved to recommend that 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.
The motion was seconded and passed 3-0. '
4. Request to apply for RUaD grant-AUTHORIZE
Chief Ed Crawford reviewed the proposed use of the grant funding.
Ron Harmon moved to 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.
The motion was seconded and passed 3-0.
5. Request to apply for Carl Perkins 1%grant—AUTHORIZE
Chief Ed Crawford reviewed the proposed use of the grant funding.
Les Thomas moved to recommend that Council authorize the Kent Police
Department to apply for the Carl Perkins I% Fund grant awarded by the
Washington State Employment Security Department,and placing this on the
Consent Calendar for the July 6,2004 Council Meeting.
The motion was seconded and passes 3-0.
6. Homeland Security FFY'03 Grant—ACCEPT
Chief Jim Schneider and Battalion Chief Pat Pawlak reviewed the grant. Chief Schneider
acknowledged staff members Kimberly Resor and Brian Felczak for their work in the
preparation of this grant.
Ron Harmon moved to recommend that Council accept the grant from State
Homeland Security Office of Domestic Peparedness 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.
The motion was seconded and passed 3-0.
7. Homeland Security FFY '03 Supplemental Grant—ACCEPT
Chief Jim Schneider reviewed the grant and acknowledged Brian Felczak's work in the
preparation of this grant.
' Les Thomas moved 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.
The motion was seconded and passed 3-0.
Added Agenda Items:
r8. Washington Traffic Safety Commission Qrant—ACCEPT
Chief Ed Crawford reviewed the proposed use for the grant funding.
Ron Harmon moved to recommend the Council authorize the Kent Police
Department to accept the Washington Traffic Safety Commission grant in the
amount of$4,998.00 and placing this on the Consent Calendar for the July 6,2004
Council Meeting.
The motion was seconded and passed 3-0.
9. 2004 Local Law Enforcement Block Grant-AUTHORIZE
Chief Ed Crawford reviewed the proposed use for the grant funding
Les Thomas moved to 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.
The motion was seconded and passed 3-0.
10. Fireworks Update-INFORMATION ONLY
Chief Ed Crawford and Fire Marshall Jon Napier presented the various forms of public
education,enforcement, encouragement and amnesty plans resulting from the recently
passed Fireworks Resolution. They reiterated that fireworks are legal in Kent only on July
4it'from 9 AM to I l PM,excluding any type of illegal fireworks.
The meeting adjourned at 5:45 PM.
Jo Thompson
Public Safety Committee Mmuies 2
June 17.2004
PUBLIC WORKS COMMITTEE MINUTES
June 21, 2004
COMMITTEE MEMBERS PRESENT: Committee Chair Bruce White and
Committee Member Debbie Raplee
The meeting was called to order by Committee Chair Bruce White at 5:10 P M.
Bruce White phoned and spoke with Committee Member Ron Harmon, Ron gave his
concurrence on the five agenda items.
Approval of Minutes Dated June 7,2004
Committee Member Debbie Raplee moved to approve the minutes of June 7, 2004. The
motion was seconded by Committee Chair Bruce White and passed 2-0. Bruce White
stated he had concurrence from Ron Harmon.
Pacific Highway HOV Project Appraisal &Appraisal Review Service Contracts
Don Wickstrom said 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.
Debbie Raplee moved to 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.
The motion was seconded by Bruce White and passed 2-0. Bruce White stated he
had concurrence from Ron Harmon.
Condemnation Ordinance for Pacific Highway S.HOV Lanes Project
Don Wickstrom said in order to construct the Pacific Highway HOV Lanes Project it will
be necessary to acquire private property from 64 property owners. This ordinance will
provide the mechanism if needed to proceed, if necessary, to condemnation on those
properties for which typical methods of negotiation have failed.
Debbie Raplee moved to recommend to the full Council authorization to adopt
Condemnation Ordinance for obtaining needed right-of-way for the Pacific
Highway South HOV Lanes Project. The motion was seconded by Bruce White and
passed 2-0. Bruce White stated he had concurrence from Ron Harmon.
Adoption of City of Kent West Nile Virus Response Plan
Mike Mactutis,Environmental Engineering Supervisor said there is a high likelihood that
the West Nile Virus will be detected in Washington State this summer. King County
Public Health is the lead agency for the coordination of West Nile Virus status and
monitoring programs in our area, if needed KCPH will be issuing permits to allow
application of larvicide in water. As a requirement for obtaining the permit agencies
must adopt a mosquito response plan incorporating education and surveillance.
2
Debbie Raplee moved to recommend authorization to the full Council for adoption
of the City of Kent West Nile Virus Response Plan. The motion was seconded Bruce
White and passed 2-0. Bruce White stated he had concurrence from Ron Harmon.
Russell Road& Utility Relocation Proiect Accept as Complete
Don Wickstrom said when construction contracts have exceeded 10%of the original bid
amount the Public Works Department has sought committee concurrence prior to seeking
council acceptance of the project.
I Debbie Raplee moved to recommend to the full Council acceptance of the project as
complete upon standard releases from state and release of any liens. Bruce White
and passed 2-0. Bruce White stated he had concurrence from Ron Harmon.
The meeting adjourned at 5:30 P.M.
Beth Peterson
Administrative Secretary
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CONTINUED COMMUNICATIONS
A.
EXECUTIVE SESSION
t A) PC(-dIn
9 9
ACTION AFTER EXECUTIVE SESSION
1
I
1
i