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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/18/2005 City of Kent City Council Meeting Agenda January 18, 2005 Mayor Jim White Julie Peterson, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas f Deborah Ranniger Bruce White KEN T WASHINGTON City Clerk's Office j KENT CITY COUNCIL AGENDAS K E N T January 18, 2005 WASHINGTON Council Chambers MAYOR: Jim White COUNCILMEMBERS Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Kent Pool Funding Parks and Finance 30 min 2. Sound Transit Update Joni Earl, CEO 30 min COUNCIL MEETING AGENDA 7:00 p.m. 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. Home Street Bank Donation Presentation B. National Night Out Award C. Economic Development Update a5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve ' B. Payment of Bills—Approve C. Renton Technical College Agreement—Authorize D Kent Reporter Contract—Authorize E. Government Relations Services Contract—Authorize F. Local Hazardous Waste Management Program Grant—Accept (Continued on Back) COUNCIL MEETING AGENDA CONTINUED G Local Improvement District No 358, Pacific Highway South High Occupancy Vehicle Lanes, Final Assessment Roll— Set Hearing Date H Easement to Puget Sound Energy for Underground Utility Facilities at Kent Station—Grant I Sale of Surplus Vehicles and Equipment—Authorize J. Home Street Bank Donation—Accept 7 OTHER BUSINESS None 8. BIDS None f� 9 REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11 EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION B. Labor Negotiations 12. ADJOURNMENT NOTE. A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci.kent.wa.us An explanation of the agenda format is given on the back of this page Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC i 1 i PUBLIC COMMUNICATIONS A) HOME STREET BANK DONATION PRESENTATION B) NATIONAL NIGHT OUT AWARD C) ECONOMIC DEVELOPMENT UPDATE i CONSENT CALENDAR 6. City Council Action: Councilmember (t ,al� moves, Councilmember yt) J t seconds to approve Consent Calendar Items A through I. Discussion —`� Action 7 1' 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 4, 2005. 6B. Approval of Bills. Approval of payment of the bills received through December 15 and paid on December 15, 2004 after auditing by the Operations Committee on January 4, 2005. Approval of checks issued for vouchers Date Check Numbers Amount 12/15/04 Wire Transfers 1900-1915 $2,984,14813 12/15/04 Prepays & 571310 950,038.64 12/15/04 Regular 572007 1,145,230 81 $5,079,417 58 Approval of payment of the bills received through December 31 and paid on December 31, 2004 after auditing by the Operations Committee on January 4, 2005 Approval of checks issued for vouchers Date Check Numbers Amount 12/31/04 Wire Transfers 1916-1930 $1,039,179 59 12/31/04 Prepays& 572008 189,871 66 12/31/04 Regular 572690 2,221,89126 $3,450,942.51 Approval of checks issued for payroll for December 1 through December 15, and paid on December 20, 2004 Date Check Numbers Amount 12/20/04 Advices 173319-173974 $1,213,283 08 12/20/04 Checks 281000-281227 204,680 10 12/20/04 Interim Checks 281228-281232 481 70 $1,417,963 18 Council Agenda Item No. 6 A-B Z40 • K E N T Kent City Council Meeting WA5MINGTON January 4, 2005 1 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, Ranger, Raplee, Thomas and White. (CFN-198) CHANGES TO AGENDA A From Council,Administration, or Staff. (CFN-198) The Home Street Bank Donation was removed from the agenda, and two appointments were added to the Consent Calendar Property Acquisition was added to the Executive Session and Pending Litigation was removed A minor change to Item 6D (City of Auburn Agreement) was noted. B From the Public. (CFN-198) Rachael Victrm, 4400 37th Ave South expressed safety concerns with pooling water on 42nd Place South. Blanchard agreed to meet with her. PUBLIC COMMUNICATIONS A. Employee of the Month. (CFN-147) The Mayor announced that SEPA Official and Principal Planner Kim Marousek is the Employee of the Month for January j B. Introduction of Appointees. (CFN-198) The Mayor announced recent appointees and introduced those in attendance C King County Council. (CFN-198) Representative Julia Patterson gave a brief wrap-up of King County issues. CONSENT CALENDAR PETERSON MOVED to approve Consent Calendar Items A through P, with the revision to Item 6D. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of 1 December 14, 2004 were approved B. Approval of Bills. (CFN-104) Payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on December 7, 2004 were approved Approval of checks issued for vouchers. Date Check Numbers Amount j11/30/04 Wire Transfers 1887-1899 $1,024,573.27 11/30/04 Prepays & 570737 914,062.51 11/30/04 Regular 571309 1,788,066.25 $3,726,702.03 1 Kent City Council Minutes January 4, 2005 Approval of checks issued for payroll for November 1 and paid on November 19, 2004 Date Check Numbers Amount 11/19/04 Advices 171919-172570 $1,176,686.12 11/19/04 Checks 280503-280762 210,797.01 11/19/04 Interim Checks 280763-280767 4,264.79 11/19/04 Void Checks 276136;277007; (4,264.79) 277384;276013; 274738 $1,387,483.13 Approval of checks issued for Fire Holiday Cashout of November 30 and paid on December 2, 2004 Date Check Numbers Amount 12/2/04 Advices 172571-172664 S87,410.81 12/2/04 Checks 280768-280770 2,818.18 $90,228.99 Approval of checks issued for payroll of November 16 and paid on December 3, 2004- Date Check Numbers Amount 1213/04 Advices 172665-173318 $1,426,870.01 12/3/04 Checks 280771-280999 241,719.19 $1,668,589.20 C. Corrections Facilitv Food Vendor Contract. (CFN-122) The Mayor was authorized to sign the jail food services agreement between the City of Kent and Consolidated Food Management, Inc. D. City of Auburn Interlocal Agreement, Fire Investigation Task Force. (CFN-122) The Mayor was authonzed to sign the Interlocal Cooperative Agreement between Auburn and Kent for the creation and operation of the South King Fire Investigation Task Force, with a minor revision on page 4 changing"prior sections"to "Section XIII hereof" E. City of Covington Interlocal Agreement, Fire Investigations. (CFN-122) The Mayor was ' authorized to sign the Interlocal Agreement between Covington and Kent relating to Fire Investigations. F. Department of Homeland Security/Office of Domestic Preparedness Grant. (CFN-122) The Department of Homeland Secunty and the Office for Domestic Preparedness FY04 Assistance to Firefighters Grant was accepted, the budget was amended and the Mayor was authonzed to sign any agreements necessary to accept the grant and spend funds related to the purchase and installation of the compressor/cascade fill system and thermal imaging cameras. 2 Kent City Council Minutes January 4, 2005 G. Diversity Advisory Board Ordinance. (CFN-1127) Ordinance No. 3732 amending KCC 2.56 040 to increase the Diversity Advisory Board's membership from seven(7) to nine (9) members was adopted. H. 2004 Accounts Receivable Write-Offs. (CFN-104) The write-offs of various accounts receivable in the amount of$42,477.39 was approved The Finance Department recommended write-offs of uncollectible accounts that are over one year old I. Udalov Environmental Services Contract. (CFN-1038) The Mayor was authorized to sign the Consultant Agreement Change Order with Udaloy Environmental Services for $64,995 to provide the City with technical assistance on the Landsburg Mine. J. United States Fish & Wildlife Services Contract. (CFN-1038) The Mayor was authorized to sign the contract with the United States Fish and Wildlife Services (USFWS) in the amount of S95,550 to provide assistance in the development of the proposed Habitat Conservation Plan (HCP) at Clark Springs & Rock Creek and for the preparation of the associated environmental documents including an Environmental Impact Statement(EIS) K. Littler Environmental Consulting, Inc. Contract. (CFN-1038) The Mayor was authorized to sign the contract with Littler Environmental Consulting, Inc. for$44,915 to provide technical assistance on the Landsburg Mine and Model Toxic Control Act (MTCA) issues L Washington State Law Enforcement Association Grant. (CFN-122) The Washington State Law Enforcement Association grant was accepted. The funds from this grant in the amount of$3,000 will be used to provide training for police personnel M. Wildwood Ridge I1 Final Plat. (CFN-1272) The final plat mylar for Wildwood Ridge Two was approved and the Mayor was authorized to sign the Mylar. N. Drinking Driver Task Force Re-appointment. (CFN-122) The Mayor's re-appointment of Mr. Rod Blalock to continue serving as a member of the Kent Drinking Driver Task Force was confirmed. His term will continue until 1/l/08. ADDED ITEMS 1 O. Land Use and Planning Board Re-appointment. (CFN-174) The Mayor's re-appointment of Mr. Greg Worthing to continue serving as a member of the Kent Land Use and Planning Board was confirmed. His term will continue until 12/31/07 ' P. Kent Human Services Commission Re-appointment. (CFN-873) The Council President's re-appointment of Councilmember Debbie Raplee to continue serving as the non-voting Council representative to the Kent Human Services Commission was confirmed Her term will continue until I/1/06. OTHER BUSINESS Downtown Strategic Action Plan Update, Comprehensive Plan & Zoning Amendments AND 2004 Annual Comprehensive Plan & Zoning Map Amendments. (CFN-462,377&131) This proposal includes an update of the Downtown Strategic Action Plan and adoption of regulations to i3 Kent City Council Minutes January 4, 2005 implement portions of that plan Following public hearings before the Land Use and Planning Board, the Planning& Economic Development Committee has recommended approval of the update as modified by the Committee Following a public hearing before the Land Use & Planning Board, the Planning &Economic Development Committee is forwarding their recommendations on the 2004 annual comprehensive plan and zoning map amendments. Charlene Anderson, Planning Manager, explained that this item(713) and the following item (7C) are part of one package, therefore both should be heard before taking action. Bill Osboume of the Planning Department explained both items 7B and 7C, and read a letter from Polygon Northwest withdrawing the Muth application. HARMON MOVED to make the letter a part of the record Clark seconded and the motion carried. Ranniger recused herself from voting Peterson recommended that staff do further research on the options and said Council needs time to analyze the options. CLARK MOVED to send Items 7B and 7C (Downtown Strategic Action Plan Update, Comprehensive Plan & Zoning Amendments, and 2004 Annual Comprehensive Plan & Zoning Map Amendments)to the Planning Committee with the intent that there be a public hearing on the Lotto proposal which would address 1)widening the buffer, 2) the impact of design review, including use and 3) a three-acre option. Peterson seconded and the motion carried , REPORTS Planning and Economic Development Committee. (CFN-198) Clark noted that, due to the holiday on January 17, the Committee will meet at 5 00 p.m. on Wednesday, January 19th Administrative Reports. (CFN-198) Martin reminded Council of an Executive Session of approximately 10 minutes regarding property acquisition with possible action afterwards EXECUTIVE SESSION The meeting recessed to Executive Session at 7.55 p.m. and reconvened at 8:02 p.m. (CFN-198) ACTION AFTER EXECUTIVE SESSION Property Acquisition. CFN-239) PETERSON MOVED to authorize the Mayor to enter into a purchase and sale agreement for the England Property in an amount not to exceed the fair market value, to authorize the Mayor to execute any and all documents necessary to close the transaction upon review by the City Attorney, and to appropriate $320,000 plus feasibility and closing costs from the Park Land/England Property acquisition account toward this purchase Clark seconded and the motion carried. ADJOURNMENT At 8 02 p.m , PETERSON MOVED to adjourn. White seconded and the motion carried. (CFN-198) i Brenda Jacober, C C City Clerk 4 Kent City Council Meeting Date January 18, 2005 Category Consent Calendar 1. SUBJECT: RENTON TECHNICAL COLLEGE AGREEMENT—AUTHORIZE 2 SUMMARY STATEMENT: Authorization for the Mayor to sign the agreement with Renton Technical College which will provide Adult Basic Education (ABE) and GED instruction and testing at the City of Kent Corrections Facility. Renton Technical College is a sub-grantee to the City's grant award from the Department of Education, Fund for the Improvement of Post Secondary Education. This contract terminates on September 30, 2007. 3. EXHIBITS: Consultant Services Agreement 4. RECOMMENDED BY: Operations Committee 1/4/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: tCouncil Agenda Item No. 6C i POLICE DEPARTMENT Ed Crawford, Chief of Police �� RLNT Phone Fax 253-856-6802 w. Address 220 Fourth Avenue S Kent,WA 98032-5895 IDATE: January 4, 2005 TO: Operations Committee FROM: Chief Ed Crawford SUBJECT: Renton Technical College Agreement -Approval MOTION: I move to recommend the City Council approve and authonze the Mayor to sign the Consultant Services Agreement with Renton Technical College and placing this on the Consent Calendar of the January 18, 2005 City Council Meeting SUMMARY: Per this agreement, Renton Technical College will provide Adult Basic Education (ABE) and GED instruction and testing at the City of Kent Corrections Facility The City is contracting with Renton Technical College as a sub grantee to the Cmty's grant award from the Department of Education, Fund for the Improvement of Post Secondary Education. This contract will be effective at the date of signing and terminates on September 30, 2007 EXHIBITS: Consultant Services Agreement, approved to form by the City Attorney's Office Copy of Grant Award Notification#P 116BO40291 BUDGET IMPACT None I t operations Cotnniittee Renton Technical College contract January 4,2005 i KENT --- W. CONSULTANT SERVICES AGREEMENT between the City of Kent and Renton Technical College Basic Studies THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Renton Technical College organized under the laws of the State of Washington, located and doing business 3000 N E Fourth Street, Renton, Washington(hereinafter the "Consultant") 1. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications Provide instruction and testing to offenders supervised by the City of Kent Corrections Facility (CKCF) as a partner in the Opening Doors Project The Opening Doors Project is funded by the Department of Education,Fund for Improvement of Post Secondary Education grant Consultant will provide Adult Basic Education (ABE), General Educational Development (GED) instruction and GED testing Most classes will be located in the main corrections facility, with some located in the corrections annex building ' See Exhibit A for Scope of Work details Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section 1 above immediately upon the effective date of this Agreement Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by September 30, 2007 This Agreement, however, is contingent upon the availability of funds to be allocated through the City's budget process During the term of this Agreement should the City determine that funds to support Consultant's services are no longer available, the City shall provide Consultant thirty (30) days advance written notice of summary termination. III. COMPENSATION. A The City shall pay the Consultant, based on time and materials, an amount not to exceed $141,920 for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one(1) CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) year from the effective date of this Agreement The Consultant's billing rates shall be as delineated in Exhibit B B The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. if the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the attached Compliance Statement ' VIL INDEMNIFICATION. To the fullest extent permissible by law, Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's negligent,reckless, or intentionally wrongful performance of this Agreement. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, i then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) The provisions of this section shall survive the expiration or termination of this Agreement VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XIII. 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 Imay 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, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement CONSULTANT SERVICES AGREEMENT-3 (Over SI0,000) 1 D Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant G Entire Agreement. The written provisions and terms of this Agreement, together with any ' Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: ' By By (signature) (srgnarure) Print Name: Print Name Jim White Its Its Mayor (Tide) (Tide) DATE- DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: John L Chadwick Debra LeRoy Dean Basic Studies City of Kent Renton Technical College Police Department 3000 N.E. Fourth Street 220 Fourth Avenue South Renton, WA 98056-4195 Kent, WA 98032 425-235-2464 (telephone) (253) 856-5856 (telephone) 425-235-2399 facsimile (253) 856-6802 (facsimile) CONSULTANT SERVICES AGREEMENT-4 (Omer$10,000) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows 1 I have read the attached City of Kent administrative policy number 1 2 2 During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color, national origin, age, or the presence of all sensory,mental or physical disability 3 During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5 Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200` By For- Title: Date EEO COMPLIANCE DOCUMENTS- I ' CITY OF KENT ADMINISTRATIVE POLICY NUMBER.- 12 EFFECTIVE DATE January 1, 1998 SUBJECT MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment 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. 1 2 Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrurimation and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments I 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-2 1 1 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT 1 This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. , I, the undersigned, a duly represented agent of Company, hereby , acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement i Dated this day of 200_ By- For Title 1 Date i i 1 1 EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A SCOPE OF WORK A The Contractor's responsibilities include 1 Program Administration a Contractor will provide ABE and GED instruction to inmates and other supervised offenders in the CKCF Two hour group classes will be offered separately to each gender weekly. Contractor will coordinate class schedules with the CKCF Programs staff A total of sixteen hours of instruction will be offered weekly Contractor will provide instruction and homework materials for students The expected male class attendance is eight and female class attendance is four b Contractor will perform and document individual assessments through pre and post testing Compile results from pre and post testing and submit report to police department project director monthly Provide project evaluator with access to raw data as necessary c Provide GED test proctor and test materials to CKCF offenders monthly Submit test results to police department project director monthly td Provide data on students from the State Student Management System This will include data reflecting if students are working, enrolled in school and/or on welfare following participation in this project e Qualifying offenders that are released from custody and supervision prior I to completion of ABE or GED instruction or testing may continue instruction or testing at a Renton Technical College facility at no charge To continue instruction at no charge offenders must already be registered ' for the applicable quarter Those attending instruction at CKCF are considered registered for that quarter f Consultant will provide financial aid and scholarship resource materials to Opening Doors Project students ' 2 Records a Contractor staff will maintain all class attendance records b Contractor staff will transport records to and from the class site,maintaining imnate student confidentiality EXHIBIT A SCOPE OF WORK PAGE 1 OF 3 C. The Department of Education reserves the right to reproduce, publish or , otherwise use and to authorize the use of any work developed under this grant. d The consultant must grant access to all data,documents and records relating to this grant project to the City, the Department of Education, the Comptroller General of the United States or any other authorized , representatives e The consultant must retain all records relating to this grant project for six years following the final grant payment to the grantee and sub grantees f Contractor shall provide inmate client class and service registration forms including release of information language for program evaluation purposes Kent Police Department (KPD) staff or evaluator hired by KPD shall have access to all inmate client records at the Contractor's business address for program research and evaluation purposes only 3. Quarterly Meetings , The Contractor's representative will meet at least quarterly with the CKCF administrator,project director or designee to review the ABE/GED instruction and testing practices at CKCF 4 Semi-annual and Annual Reports ' The Contractor will provide semi-annual and annual statistical reports on the CKCF Opening Doors Project to the police department project director These reports are due May 31 and September 30 each year of this contract These reports will include, but may not be limited to: a Number of Kent Jail inmates assessed for instruction b Summary of tested inmate competency levels. c Number of Kent Jail inmates enrolled in ABE/GED instruction d Number of Kent Jail inmates completing ABE/GED instruction. e. Number of Kent Jail inmates who dropped out of ABE/GED instruction f Number of Kent Jail inmates released from custody prior to completing ABE/GED instruction g. Number of Kent Jail inmate clients contacted in jail individual instruction sessions. EXHIBIT A SCOPE OF WORK PAGE 2 OF 3 i h Number of Kent Jail inmate clients completing GED testing at each ' level Including Pass and Fail numbers i Number of Kent Jail inmate clients continuing ABE/GED instruction at RTC main campus or a branch school after release from jail 5 Contractor employees Contractor will run background checks on all employees and volunteers with access to inmates or their records in order to protect their confidentiality All contractor employees or volunteers entering CKCF will provide picture identification to CKCF ' staff and be subject to a criminal history background check prior to entering the facility B The City's responsibilities include- 1 Provide a classroom with furnishings and security for group instruction A roam will also be provided for individual follow-up support contacts 2 The CKCF Administrator, or designee, will meet at least quarterly with the Contractor's representative to review the ABE/GED instruction and GED testing 3 Coordinate group class and individual follow-up support contact schedules with Contractor EXHIBIT A SCOPE OF WORK PAGE 3 OF 3 EXHIBIT B , BILLING RATES ABE/GED Instructor Hourly Wage and Benefits $49.93 Annual required staff development $2,194.60 , GED testing per student $75 , GED testing proctor hourly wage and benefits $44.00 Instruction materials per student $20.00 , Maximum instruction preparation hours per class series S hours I 1 I I i 1 I 1 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below 1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage. 2 Commercial General Liabditv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 There shall be no endorsement or modification of the Commercial General Liability insurance for liability ansing from explosion, collapse or underground property damage The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage 3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits I Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident ' 2 Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit r r EXHIBIT C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City , shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be ' cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City 3 The City of Kent shall be named as an additional insured on all policies (except r Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. r 4 If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self- insurance shall be attached hereto and be incorporated by reference and shall r constitute compliance with this section D. Acceptability of Insurers ' Insurance is to be placed with insurers with a current A M Best rating of not less than AN IL , E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors ' Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor 1 i 1 City of Kent Corrections Facility Opening Doors Project (Abstract) "The number of inmates in state and federal prisons has increased more than six-fold from less than 200,000 in 1970 to 1,440,655 by the end of 2002. An additional 665,475 are held in local lads." (Bureau of Justice Statistics) The City of Kent ' Corrections Facility (CKCF) average daily population is 130. More than 1,300 people are released from south King County jails every month. ' Many offenders arriving at the CKCF have served time there before. "The vast majority of people currently in prison and jail tend to come from low-income households and often have a history of substance-abuse problems. In addition, prisoners tend to be ' poorly educated—only a third are able to read and write when they arrive." (The Sentencing Project) The CKCF Opening Doors Project will provide opportunities for inmates to improve their ability to transition back into the community as responsible citizens, obtain employment and open educational doors. The Kent Police Department is partnering with New Connections of South King County to provide life skills classes to offenders ' while they are incarcerated in the CKCF and community transition services to the offenders upon their release from jail. The Kent Police Department is also partnering ' with Renton Technical College to provide Adult Basic Education (ABE) and General Education Development (GED) test preparation and testing to offenders in the CKCF. ' These educational opportunities are rarely offered in a municipal jail setting. The CKCF Opening Doors Project will demonstrate the benefits of assisting offenders at local and municipal jails as opposed to inmates in prisons with longer City of Kent Opening Doors Project 1 sentences to transition from jail to the community as responsible citizens. This project will demonstrate how local jails can translate the lessons learned from longer term educational programs in prisons to time limited life skills and adult basic education instruction. The educational opportunities provided by this project will contribute to correctional rehabilitation research by decreasing the chances of misdemeanant offenders progressing to committing more serious crimes. , City of Kent Opening Doors Project 2 U.S. Department of Education ' 0 9 Washington, D.C. 20202 GRANT AWARD NOTIFICATION 1 RECIPIENT NAME C AWARD INFORMATION City of Kent Police Department J PR/AWARD NUMBER P 1 16BO40291 220 4th Avenue South ACTION NUMBER 01 Kent,WA 98032 ACTION TYPE New AWARDTYPE Discretionary PROJECT TITLE V L AWARD PERIODS 84 116B BUDGET PERIOD 09101120D4-08/31/2005 COMPREHENSIVE PROGRAM PERFORMANCE PERIOD 09101/2004-08/31/2007 FUTURE BUDGET PERIODS BUDGETPERIOD DATE AMOUNT PROJECT STAFF 02 09/01/2005-08/31/2006 $75,236 00 3 RECIPIENT PROJECT DIRECTOR 03 09/01/2006-08/31/2007 $78,227 00 Debra LeRoy (253)856-5856 EDUCATION PROGRAM CONTACT AUTHORIZED FUNDING Frank Frankfort (202)502-7513 7 THIS ACTION $80,631 00 EDUCATION PAYMENT CONTACT BUDGET PERIOD $80,631 00 GAPS PAYEE HOTLINE (888)336-8930 PERFORMANCE PERIOD $80,631 DO KEY PERSONNEL Q ADMINISTRATIVE INFORMATION LEVEL OF O NAME TITLE EFFORT DUNSISSN 020253613 Debra LeRoy Project Director 15% REGULATIONS CFR PART 630 EDGAR AS APPLICABLE ATTACHMENTS A,C,F,S ' LEGISLATIVE AND FISCAL DATA 9 AUTHORITY PL 99498 HIGHER EDUCATION ACT,AS AMENDED P L 99-498 PROGRAM TITLE FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION CFDA/SUBPROGRAM NO 84 116B FUND FUNDING AWARD ORG CATEGORY LIMITATION ACTIVITY CFDA OBJECT AMOUNT CODE YEAR YEAR CODE CLASS 0201A 2004 2004 EP000000 B J65 000 116 41011 580,63100 Ver.I IED-GAPS001(01/98) ' Page I of 2 Kent City Council Meeting Date January 18, 2005 ' Category Consent Calendar I1. SUBJECT: KENT REPORTER CONTRACT—AUTHORIZE 2. SUMMARY STATEMENT: Approve and authorize the Mayor to sign a contract with the Kent Reporter. The City of Kent began publishing the Kent Connections City newsletter in the Kent Reporter in 1998. The content and design are completed in-house and forwarded to the Kent Reporter for publication and distribution. The Kent Reporter is distributed to approximately 68,000 Kent area businesses, homes ' and apartments. Community feedback on the newsletter in the 2004 citizen survey indicates that 76% of respondents read the newsletter occasionally or every issue. ' Among those who have read Kent Connections, 75% rate the value as excellent or good. It was also noted that respondents who have voted in city elections in the last two years are more likely to read "every" issue. 3. EXHIBITS: Memo, Citizen Survey 2004 and proposed Kent Reporter 2005 contract ' 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D ' INFORMATION TECHNOLOGY Stan Waldrop, Director Phone 253-856-4600 KENT Fax 253-856-4700 W A S H I N G T O N Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: January 4, 2005 TO: Kent City Council Operations Committee ' FROM Stan Waldrop, IT Director Dea Drake, Multimedia Manager THROUGH Mayor Jim White SUBJECT: 2005 Kent Reporter Contract for City Kent Connections Newsletter MOTION: 1 move to approve the 2005 Kent Reporter Contract for the purposes of publishing ' the City of Kent newsletter subject to City Attorney approval of contract documents SUMMARY: Please find attached a 2005 contact for publication of the City's "Kent Connections"one-page newsletter in the Kent Reporter for your review and/or approval. BUDGET IMPACT: Included in the 2005 Operating budget,not to exceed 60,000 BACKGROUND: The City of Kent began publishing the Kent Connections city newsletter in the Kent Reporter in 1998 The content and design are completed in-house and forwarded to the Kent Reporter for publication and distribution The Kent Reporter is distributed to approximately 68,000 Kent area businesses, homes and apartments Community feedback on the newsletter in the 2004 citizen survey indicates that 76%of respondents read the newsletter occasionally or every issue Among those who have read Kent Connections, 75%rate the value as excellent or good It was also noted that respondents who have voted in city elections in the last two years are more likely to read"every"issue Communicating with our citizens has been a high priority item for council This continues to be a more cost effective solution than direct mail options Staff recommendation is to continue this publication in 2005 ' Attachments Citizen Survey 2004 Proposed Kent Reporter 2005 Contract t C 0 1 C T m = o m r N _ co C) O o CL o N O j = N O o (q s 3 � > U co " m v cN g O O .� �T O 0 0 0 N > .� N M M O D In N 0 V w � CO) .. O — a) c C a� C o CO 0 C O Co CL O 0 x N N N N o T CIDV o o ® ❑ o 0 LO o CD Cc co IX) ..- N >1 tC6 O O (n .c > U 3 c U _^ o w o N C O O O U cc (n U .= w C � � (13 O LME o O Oo O pN� N L m ), NOON IN IN o O O O O > m >A, m 0 0 W N O c � 0 � D o 0 0 -� 0 >1 E U IMIIIIIIIIII MMM O cv i 3 of >, cr o cc t Cl IN CD O y o c N c v d) c 0 o v C0 (C w o 0 LL 0 Cl) •- U CO to U) vi 11J o U O 0 (n C C ' ai W ` v C C L to y � > 0 _ C -0 ULD ~ c T N U N o E a, a) O > (D O 000 p E3 �� + ? 0O vv o0 U (� .r p U V c c c OO �C `0 N 0-U � � C C O CD CDC It) o U _C N Y > Y C N N N (D 4-- C " (n 0O -O (0 co a\o 0 o CO cc) O\ o I O N C .� C > ) vim CDd MM o n' W N E O L , ` aim > Y o \ o 0) t 0 L rD 0 L 0 -C N N N a O � ' 3 O n O !4 O(n O L ) e L O N c (n c � >� 30 3 E I a a� m CCD CU cc 0 ai C c ' r-L0) m` o O ow Z7 0 , O 0) OY � >, N >, O Oa • O N O ' .� � N O � � O m Z [Cn C Cl NO � CD o O N O U � � ■ • E o • C) 3 Agreement The CITY OF KENT, hereinafter the "City" and the KENT REPORTER hereinafter the "Reporter" agree to the following: The City agrees to purchase display advertising in the Reporter for the purpose of producing a City newsletter (Kent Connections) for the citizens of Kent, at a minimum frequency of once each month; ' and, the Reporter agrees to publish and distribute at least one edition each month during the period- The term of the agreement shall cover the Reporter issues of January 2005 through December 2005. Either party may terminate this agreement upon 30 days written notice The City agrees to purchase from the Reporter one full page (equivalent to 65 column inches at $21.31 per column inch) at a monthly rate of$1,385.00. This price will include printing in black ink plus one extra spot color, the color to be determined by the Reporter, in coordination with the City. Full color may be purchased for use in the ad at a cost of$150,per issue. The page shall be placed as far forward in the editions in which the City newsletter appears as possible, unless an alternate location is agreed to by both the City and the Reporter The City will have full control over the name, editorial content, and layout of the City newsletter, and will provide the Reporter with camera ready or electronic copy of the newsletter for production purposes In each edition of the Reporter that includes the City newsletter, the Reporter will provide the ' City with a front page teaser indicating that the City newsletter is included inside the newspaper The City and the Reporter will mutually review and determine postal carrier routes for the publication's delivery This review shall ensure that the entire incorporated boundary of the City receives the publication. These routes may be updated monthly as needed to accommodate changes in the City's incorporated boundaries The Reporter agrees to direct mail 28,000 copies of the Reporter to residents within the Kent city limits. Additional copies will be produced and mailed at a marginal cost of $240 per 1,000 copies. For 2005 these additional copies include homes, apartments and businesses within the City incorporated ' boundary. For budget purposes for 2005 this has been calculated at 12,468 deliveries per month, excluding any adjustment as determined in the above paragraph. Five hundred (500) additional copies will be delivered to the City for the City's use at no extra cost The Reporter also agrees to provide the ' City with certification from the post office verifying the number of copies mailed upon request. City of Kent Kent Reporter ' 220 4th Avenue South, Kent,WA 98032-5895 King County Journal Newspapers 600 South Washington Avenue Jim White,Mayor,City ofKent Kent, WA 98032-5707 ' Date On behalf of the Kent Reporter Attest City Clerk,City ofKent Date Approved as to legal form: Tom Brubaker,City Attorney,City ofKent Kent reporter 2005 Agreement dm ' Kent City Council Meeting Date JanuM 18, 2005 ' Category Consent Calendar ' 1. SUBJECT: GOVERNMENT RELATIONS SERVICES CONTRACT— AUTHORIZE 2. SUMMARY STATEMENT: Approve and authorize the Mayor to sign the Consultant Services Agreement with Outcomes by Levy for 2005 government relations consulting services. ' The City contracts with Doug Levy of Outcomes by Levy annually for government relations consulting services. The services provided by Mr. Levy are the same kinds of lobbying services previously provided on critical City legislative issues and are outlined further in the agreement. The agreement is the same as in years past. The agreement calls for a monthly fee of$5,000, plus expenses. 3 EXHIBITS: Consultant Services Agreement ' 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? Yes 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 i ' DISCUSSION: ' ACTION: Council Agenda Item No. 6E K�NT _ WASH NGTOM CONSULTANT SERVICES AGREEMENT between the City of Kent and Outcomes by Levy ' THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Outcomes bey Levy organized under the laws of the State of Washington, located and doing business at 7210 NE 147` Place, Kenmore, WA 98028; 425-922-3999 (hereinafter the "Consultant") 1. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications Scope of Work: The following outlines the scope of work under this Agreement Specific work plans shall be developed mutually and reviewed on a regular basis • Assist with issue identification and meetings with Kent legislators prior to the Legislative Session • Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities • Monitor and report legislation of concern to Kent during the Legislative Session(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues • Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives • Assist with pursuit of funding for Kent projects,particularly at the state and federal levels Reporting and Communication: The Consultant shall communicate weekly with designated staff regarding work under this Agreement. Monthly summaries of work completed shall be appended to invoices for payment Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed IL TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement Upon the effective date of this Agreement, Consultant shall complete the work described in Section I during the year 2005 and ending on December 31, 2005 CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) III. COMPENSATION. A The Citv shall pay the Consultant, based on time and materials, an amount not to exceed$60,000 for the �crvices described in this Agreement, plus expenses as described below The City shall reimburse the Consultant for expenses incurred while doing business on the City's behalf, which shall be limited to meals, parking, lodging, mileage at the State of Washington's standard reimbursement rate, phone calls attributable to City of Kent business, legislative session office space and expenses, and other travel and conference/meeting expenses where such attendance is directed by the City. Where such expenses are incurred in connection with work on legislative or regulatory issues affecting the Contractor's other relevant clients, these expenses shall be pro-rated to the maximum extent practicable This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)year from the effective date of this Agreement B The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. Invoices shall be submitted monthly for one-twelfth (1/12) of the annual contract amount and any relevant expenses as detailed above The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship-will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin. or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, ansing out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this .Agreement VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, �Y insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) XIII. 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 stnct 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 DiVutes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement 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 parry gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant G Council Approval Consultant understands that this Agreement is still subject to approval by the Kent City Council If the Agreement is not so approved, this Agreement shall automatically terminate If so terminated, the City will reimburse Consultant all its actual reimbursable expenses incurred up to the termination date and for all Consultant time spent performing listed services under this agreement at a rate of one hundred dollars ($100 00)per hour H. 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. CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) I Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations IN WITNESS,the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY: OUTCOMES BY LEVY CITY OF KENT By By (signature) (signature) Print Name Print Name. Jim White Its Its Mayor (Tale) (Title)DATE DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Doug Levy Mike Martin Outcomes by Levy City of Kent 7210 NE 147th Place 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 (425) 922-3999 (telephone) (253) 856-5710 (telephone) (425) 424-8921 facsimile (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department i`(irNILL[f}mkMIM1NMMVY�mvrtlYl�,l muzEN58. CONSULTANT SERVICES AGREEMENT-5 (Over S10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows- 1 I have read the attached City of Kent administrative policy number 1.2. 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability 3 During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4 During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities 5 Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above Dated this day of 200_ By. For Title Date )! EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 1.2 EFFECTIVE DATE January 1, 1998 SUBJECT MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor POLICY Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1 Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 2 Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrinimation and equal opportunity requirements shall be considered in breach of contract and subject to suspension or teinimation for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2 Monitoring to assure adherence to federal, state and local laws,policies and guidelines i EEO COMPLIANCE DOCUMENTS-2 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 (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By For- Title Date i EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A INSURANCE &INDEMNITY REQUIREMENTS No insurance is required for this Agreement. f 1 EXHIBIT A- 1 Kent City Council Meeting Date January 18, 2005 Category-Consent Calendar 1. SUBJECT: LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM GRANT—ACCEPT 2. SUMMARY STATEMENT: Accept the Seattle-King County Department of Health, Local Hazardous Waste Management Program grant amendment in the amount of$56,147.55. The Local Hazardous Waste Management Program Contract (# D32779D) with Seattle & King County Public Health is being amended changing the contract amount, contract period and scope of services. 3. EXHIBITS: Public Works Director memorandum and contract amendment 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund M17103 Amount $56,147.55 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F PUBLIC WORKS DEPARTMENT Larry R Blanchard, Acting Public Works Director Phone 253-856-5500 Fax 253-856-6500 KEN T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: January 3, 2005 TO: Public Works Committee FROM: Larry R Blanchard, Acting Public Works Director SUBJECT: Local Hazardous Waste Management Program(Amendment#2) MOTION Recommend authorizing the Mayor to sign the Local Hazardous Waste Management Program Amendment #2 in the amount of $56,147 55, directing staff to accept the grant and establish a budget for the funds to be spent within said project SUMMARY: We are in receipt of a Seattle-King County Department of health, Local Hazardous Waste Management Program grant amendment in the amount of$56,147 55 The Local Hazardous Waste Management Program Contract (#D32779D) with Seattle & King County Public Heath is being amended changing the contract amount, contract period and scope of services At this time we are requesting authorization for the Mayor to sign the grant agreement BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact BACKGROUND: The Local Hazardous Waste Management Program is used to fund two City of Kent Household Hazardous Waste Collection and Recycling Events in March and October 2005 The events will be for the collection and recycling of used motor oil, oil filters,petroleum based products, antifreeze, batteries and other such materials Mayor White and Kent City Council Local Hazardous Waste Management Program(Amendmcnt#2) January 3,2004 I CONTRACT AMENDMENT Page 1 of 4 Pages PROJECT NAME Local Hazardous Waste CONTRACT NO. D32779D Management Program DATE ENTERED 1/1103 CITY City of Kent AMENDMENT NO. 2 ADDRESS 220 4`h Avenue South DATE ENTERED 1/1105 Kent, WA 98032 AMENDMENT REQUESTED BY AMENDMENT AFFECTS SKCDPH ® Scope of Services Organization ® Time of Performance P. Shaflow ® Compensation Terms and Conditions Name 1 AMEND Contract Amount TO READ $56,147 55 2 AMEND Contract Penod TO READ From January 1, 2003 TO December 31, 2005 3. AMEND"funding block"TO READ FUNDING SOURCE FUNDING LEVEL EFFECTIVE DATES Local Hazardous Waste Fund $56,11 55 111/03— 12/31/05 4 AMEND Section II. DURATION OF CONTRACT . and shall terminate on the 31"day of December 2004... TO READ .. and shall terminate on the 31s`day of December 2005 .. 5_ Exhibits I and 11 shall each be amended by adding the attached Exhibits 1-2 and II-2. All other terms and conditions of the original contract and Amendment 1 shall remain unchanged. IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first written. KING COUNTY,WASHINGTON CITY FOR King County Executive Signature Date Name (please type or print) Date Contract#D32779D Amendment ? EXHIBIT I-2—Scope of Work &Responsibilities CITY OF KENT MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS i WASTE MANAGEMENT PROGRAM FOR 2005 ACTIVITIES The Local Hazardous Waste Management Plan(hereafter referred to as the"Plan")as updated in 1997,was adopted by the partner agencies(King County Solid Waste Division,Seattle Public Utilities,King County Water and Land Resources Division and the Seattle-King County Department of Public Health)and cores Iocated in King County The Washington State Department of Ecology in accordance with RCW 70 105 220 subsequently approved the Plan The City is an active and valued partner in the regional Local Hazardous Waste Management Program(hereafter referred to as the"Program"). The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Comnuttee(hereinafter referred to as the`MCC") This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program momes Scope of Work The City of Kent will organize two citywide Household Hazardous Waste Collection and Recycling Events At these events the following materials will be collected and recycled motor oil,motor oil filters,petroleum-based products,antifreeze,batteries,computer monitors,TVs,CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: A The City l. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Contract Administrator. a) An invoice(see Exhibit II) Invoices should be sent to the Contract Administrator for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names,a description of services provided,date paid and a check or warrant number 3 The City shall notify the Contract Administrator no later than December 15'h regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request 4 It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes The City shall report to Contract#D32779D Amendment 2 the Contract Admimstrator the quantity,by type,of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or sirrular form, associated with the transport of moderate risk waste collected through Program- funded events 5. The City is solely responsible for any and all spills,leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency,the City is responsible for complying with all applicable laws and regulations 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole— with Program funds The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. S. This project shall be administered by Robyn Bartell at the City of Kent,220 Th Ave S. Kent, at(253)856- 5549, (rbartelt@ci.kent.wa us)or her designee 9 Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Administrator for resolution. B Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall adimnister,via the attached Contract,the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within forty-five(45)days of receiving a request for reimbursement from the City,the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Contract Adnnistrator retains the right to withhold all or partial payment if the City's invoices are incomplete(e.g.they do not include proper documentation of expenditures for which reimbursement is being requested)or are not consistent with the submitted scope of work- C. Program Contacts Ken Armstrong Paul Shallow LHWMP Program Administrator LHWMP Contract Administrator 150 Nickerson Street, Suite 100 999 Third Avenue,Suite 700 Seattle,WA 98109 Seattle,WA 98104 206-352-8163 206-296-4751 ken.armstrong@metrokc.gov paul.shallow@metrokc gov Contract#D32779D Amendment 2 EXHIBIT II-2 Budget/Invoice LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: The City of Kent 220 0 Ave. S Kent,WA 98032-5895 To- Paul Shallow,LHWMP Contract Administrator Seattle-King County Department of Public Health 999 Yd Avenue, Suite 700 Seattle,WA 98104 Contract#D32779D Period of time: ,2005 to 2005 In performance of a signed Contract between King County and the City of Kent,I hereby certify that the following expenses were incurred during the above-mentioned period of rime_ Signature Date Component Budget Current Expenses Previous Charges Balance Description HEW Education I- HHW Collection $17,07220 0 nher(descnbe) TOTAL $17,072.20 FOR HEALTH DEPARTMENT USE ONLY Local Hazardous Waste Management Program Approval Paul Shallow Date 1 Kent City Council Meeting Date January 18, 2005 Category Consent Calendar 1. SUBJECT: LOCAL IMPROVEMENT DISTRICT NO. 358, PACIFIC HIGHWAY SOUTH HIGH OCCUPANCY VEHICLE LANES, FINAL ASSESSMENT ROLL — SET HEARING DATE 2 SUMMARY STATEMENT: As recommended by the Public Works Committee, set February 15, 2005 as the hearing date for the LID 358 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. 6G PUBLIC WORKS DEPARTMENT Larry R Blanchard, Acting 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: January 3, 2005 TO: Public Works Committee FROM: Larry Blanchard, Public Works Director SUBJECT: LID 358—Pacific Highway South HOV Lanes Kent/Des Moines Rd to S 252a Street Setting Public Hearing Date for Confirmation of Final Assessment Roll MOTION The committee recommends that the City Council set February 15, 2005 for the public hearing on the confirmation of the final assessment roll for LID 358. SUMMARY: The Public Works department is ready to confirm the final assessment roll for LID 358 and requests that the public hearing date thereon be set for the February 15, 2005 council meeting iBUDGET IMPACT:No Unbudgeted Fiscal/Personnel Impact BACKGROUND: The City Council adopted Ordinance #3717 on October 29, 2004 forming LID 358 for construction of frontage improvements for 19 properties along Pacific Highway South that either signed no-protest LID covenants or agreed to be included in the LID in lieu of constructing these frontage improvements as part of their re-development The total estimated cost of the Pacific Highway South project is $10,431,116 Approximately $2,081,905 of that cost will be paid by the City, approximately $7,776,613 of the cost will be paid by federal and state grants, and the balance of the project cost(an estimated $572,598)will be assessed against the properties specially benefited by the improvements included in this local improvement district The City now wishes to finalize the assessment roll The final assessments will be the same as the preliminary 1 MATCH LINE SEE ABOVE RIGHT \ Li L j 1 - 1`I } gJ_- AtyIL I� — 1 i rill ■ - F -' ' �.:.�-�-- � I� �. cggs ' , c• w o� j ' , e `i ���"'�©j' � � —��c ' 0��' �J_. _—I �LL.7 •pry•' tz MATCH LINE SEE BELOW LEFT i Kent City Council Meeting Date January 18, 2005 Category Consent Calendar 1. SUBJECT: EASEMENT TO PUGET SOUND ENERGY FOR UNDERGROUND UTILITY FACILITIES AT KENT STATION— GRANT 2. SUMMARY STATEMENT: Authorize the Mayor to execute the respective document(s) granting an easement for underground utility facilities at Kent Station to Puget Sound Energy, Inc. 3. EXHIBITS: Public Works Director's memorandum, easement, legal description and 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: I Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H i PUBLIC WORKS DEPARTMENT Larry R Blanchard, Acting 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: January 3, 2001 TO: Public Works Comnuttee FROM: Larry R Blanchard, Acting Public Works Director SUBJECT: Grant Easement to Puget Sound Energy MOTION Recommend authorization for the Mayor to execute the respective documents) granting an easement for underground utility facilities at Kent Station SUMMARY: As part of the 2004 Joint Utility Trench Project which includes the PSE underground Conversion on I"Ave and 4th Ave , PSE will require the installation of a switch cabinet on the City owned property north of the Pastimes Yam building at Smith St. and Ramsay Way This property is intended to be sold to Tarragon for the future phases of Kent Station Under the schedule 74 agreement the City is required to acquire this easement BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact BACKGROUND: The 2004 Joint Utility Trench project will underground the overhead facilities along I St Avenue and 4th Avenue in preparation for the Road Improvements Project planned to be bid in January 2005 Mayor White and Kent City Council ] PSE Easement January 3,2005 i RETURN ADORESS• Puget Sound Energy,Inc. Attention: R11N Department(MML) P O Box 90869 GE"3E Bellevue,WA 9800"868 EASEMENT REFERENCE# ORIGINAL GRANTOR. City of Kent GRANTEE Puget Sound Energy,Inc SHORT LEGAL Pun Lot 9,Lot Line Adjustment No LL-2004-16,RN 20040625900004,ALSO KNOWN AS Kent Station In NE 114 STR-24-22-D4 ASSESSOR'S PROPERTY TAX PARCEL: 242204.9190 For and In consideration of One Dollar($1.00)and other valuable consideration In hand pad,CITY OF KENT,a municipal corporation('Grantor herein),hereby conveys and warrants to PUGET SOUND ENERGY.INC,a Washington Corporation ('Grantee' herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over,under,along,across and through the following descnbed real property('Property'herein)in KING County,Washington, LOT 9, CITY OF KENT BOUNDARY LINE ADJUSTMENT NO. LL-2004-16, RECORDED UNDER KING COUNTY RECORDING NO.20040625900004. BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON Except as may he otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ('Easement Area'herein)described as follows SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (AND AS MORE PARTICULARLY DEPICTED ON THE DRAWING MARKED EXHIBIT-A-1"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF) 1 Purpose Grantee shag have the right to use the Easement Area to conshuet,operate,maintain,repair, replace,improve,remove,and enlarge one or more utility systems for purposes of transmission,distribution and sale of electricity Such systems may include,but are not limited to Underground facilities. Conduits,lines,cables,vaults,switches and transformers for electricity, fiber optic cable and other Imes,cables and taclgtles for communications,semi-buned or ground- mounted facilities and pads,manholes,meters,fixtures,attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing Following the rmbal construction of all or a portion of its systems,Grantee may,from time to time,construct such additional facilities as it may require for such systems Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shag compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee By the recording of this easement the Grantee heroin agrees to restore any area of the subject property disturbed during exercise of the rights granted herein, to a condition as nearly,as practicable to the condition they were in immediately before the exercise of said rights. 2. Easement Area Clearing and Maintenance. Grantee shall have the night to cut,remove and dispose of any and all blush,trees or other vegetation in the Easement Area Grantee shall also have the nght to control,on a continuing basis and by any prudent and reasonable means,the establishment and growth of brush,trees or other vegetation in the Easement Area 3. Grantors Use of Easement Area Grantor reserves the right to use the Easement Area for any purpose not inconsistent wdh the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings,structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feel of Grantee's facilities without Grantee's prior written consent UG Electric 102003 PSE Order No 101021657 REDT#50505 Page 1 of* 4 Indemnity. Grantee agrees to indemnify Grantor from and against liability Incurred by Grantor as a result of Grantee's negligence in the exercise of the nghts herein granted to Grantee,but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of other: 5. Abandonment The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five(5)successive years,in which event,this easement shag terminate and all rights hereunder,and any improvements remaining In the Easement Area,shag revert to or otherwise become the property of Grantor, provided,however,that no abandonment shag be deemed to have occurred by reason of Grantee's failure to initially install Its systems on the Easement Area within any period of time from the date hereof 6. Successors and Assigns Grantee shall have the right to assign,apportion or otherwise transfer any or all of its rights,benefits,privileges and interests arising In and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shag inure to the benefit of and be binding upon their respective successors and assigns. 7. Relocation. The location of Grantee's systems on the Property Is generally depicted on Exhibit"A. 4"attached hereto and by this reference Incorporated herein. Upon at least sixty(60)days'prior written notice from Grantor to Grantee,Grantee shalt relocate Grantee's systems to a location mutually acceptable by both Grantor and Grantee,provided,however, that such location shall be at Grantor's sole cost and expense. DATED the day of 20_ GRANTOR. CITY OF KENT,a municipal corporation BY Mayor APPROVED AS TO FORM KENT LEGAL DEPARTMENT ACCEPTED BY KENT ENG. DEPT. STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 20_,before me,the undersigned, a Notary Public in and for the State of Washington,duly commissioned and swam,personally appeared and to r O known to be the_ ,and ,of the CITY OF KENT,the municipal corporation that executed the within and foregoing instrument.and acknowledged said Instrument to be their free arnd voluntary act and deed and the free and voluntary act and dead of CITY OF KENT for the uses and purposes therein mentioned,and on oath stated that they were authorized to execute the said instrument on behalf of said CITY OF KENT. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC In and for the State of Washington,residing at My Appointment Expires PSE Order No 101021657 REDT#50505 Page 2 off I t LEGAL EXHIBIT A PSE EASEMENT (TL#2422049190) THAT PORTION OF LOT 9, CITY OF KENT BOUNDARY LINE ADJUSTMENT NO.LL-2004-16 RECORDED UNDER KING COUNTY RECORDING NO 20040625900004,BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M.IN KING COUNTY WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT AS DESCRIBED IN SAID BOUNDARY LINE ADJUSTMENT;THENCE S01°38'03-W,ALONG THE EAST LINE OF SAID LOT AND THE WEST RIGHT OF WAY LINE OF SECOND AVE.N ,333 83 FEET TO THE BEGINNING OF A TANGENT, 20.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT: THENCE ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 8401649",AN ARC DISTANCE OF 29A2 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND, THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 5031'00',AN ARC DISTANCE OF 1.93 FEET TO THE SOUTH LINE OF SAID LOT,THENCE N88034'10'W,ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 9 80 FEET TO THE BEGINNING OF A NONTANGENT, 353 06 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, THE CENTER OF WHICH BEARS S59101'48"W;THENCE NORTHWESTERLY, ALONG SAID CURVE TO THE LEFT AND THE SOUTHWESTERLY LINE OF SAID LOT,THROUGH A CENTRAL ANGLE OF 21047'41-,AN ARC DISTANCE OF 134 30 FEET;THENCE N37°14'07"E 10 00 FEET TO THE BEGINNING OF A NONTANGENT,363.06 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT,THE CENTER OF WHICH BEARS S37°14'07-W,THENCE,ALONG SAID CURVE TO THE RIGHT CONCENTRIC WITH SAID SOUTHWESTERLY LINE,THROUGH A CENTRAL ANGLE OF 22046'26-,AN ARC DISTANCE OF 144.31 FEET TO THE TRUE POINT OF BEGINNING. G`x DW CONTAINING 1394 SQ. FEET OR 032 ACRES •w � z: • fF,�ST EFf�: �� AL LKS 8crirsesNo ./g,Zao4 P°�ye¢'3s� 4 Nor. 7A,Zoo¢ I EXHIBIT "A-I" I I I I .•�v I �^ I �^O\ � O A LOT 9 BOA \ CITY OF KENT BOUNDARY LINE Ffly \p ADJUSTMENT NO LL-2004-16 I KING COUNTY REC NO 20040625900004 T L J2422049190 I ems, �o I s LJ ��. w A�•, 1,39\ M Q RICHARD REIMAN TRUST SQ FT \ TL J7142800025 ZIN A CURVE LENGTH RADIUS DELTA 10 \ ti Cl 29 42 20 00 84-16'49" C2 1 193 1 2000 05.31'00" /,(R `C1 --------------- 9 / EXIST R/W N88'34'10"W i �T P 0 B C2 SMITH STREET s PSE EASEMENT ., ....... r \,/ ri r LOT 9 W GIEE OF KENT ENGINEERING DEPARTMENTT T.L. #2422049190 220 4TH AVE. S. KENT. WA. 98032 DRAWN SPS CHECKED - DATE 12/2004 APPROVED N •:..� ... per SCALE 1"a20' PROJECT gPay- 0 H 4^ Kent City Council Meeting Date January 18, 2005 Category Consent Calendar 1. SUBJECT: SALE OF SURPLUS VEHICLES AND EQUIPMENT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the City Council to declare the equipment described in the Public Works memorandum of January 3, 2005 as surplus and authorize staff to appropriately dispose of 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: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I i PUBLIC WORKS DEPARTMENT Larry R Blanchard, Acting Public Works Director Phone 253-856-5500 Fax 253-856-6500 K E N T Address 220 Fourth Avenue S WASHIM07ON Kent,WA 98032-5895 DATE: January 3, 2005 TO: Mayor White and Kent City Council FROM: Larry Blanchard, Acting Public Works Director THROUGH SUBJECT: Vehicle and 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 listed vehicles/equipment comply with current replacement policy guidelines and have been replaced The equipment will be sold at auction or sold to smaller cities BUDGETIMPACT. The monetary returns from the auction will be incorporated into the fleet internal services reserve fund This is a positive budget impact BACKGROUND: Vehicle/Equipment List- 3144 1988 Chevy Blazer, s/n 1GNCS18RXJ0149749, license 02831D, 78,956 miles, 16 years The vehicle was not used as anticipated over the past year Expected mileage of 83,697 on 5/12/04 Vehicle has been replaced and can not be used practically in the motor pool. Current replacement policy guidelines for this vehicle is 5 years and/or 80,000 miles. 3159 1997 Ford Crown Victoria, s/n 2FALP71 W 1VX152890, license 23873D, 66,522 miles, 7 years This patrol unit was given an extended life cycle in 2001 but has had 3 body repair accidents and 3 additional push bar replacements during its life cycle. Repair records also show repeated transmission repair work This vehicle exceeds our current replacement policy guidelines for 3 years and/or 80,000 miles. 3185 1999 Ford Crown Victoria, s/n 2FAFP71 W9XX155505, license 27047D, 72,584 miles, 5 years This patrol unit was replaced and removed from service in 2002 It was kept as a backup loaner vehicle but did not accumulate mileage as expected The vehicle complies with our current replacement policy guidelines Mayor White and Kent City Council — — 1 Surplus Vehicle/Equipment P/Operations/Fleet/Surplus/surplus memo 1 3 05 doc i 3191 1999 Ford Crown Victoria, s/n 2FAFP71 W4XX 155511, license 27045D, 98,752 nules, 5 years This patrol unit was replaced and removed from service in 2003 and kept as a backup loaner It exceeds our current replacement policy guidelines 3193 1999 Ford Crown Victoria, s/n 2FAFP71W8XX155513, license 27049D, 95,594 miles, 5 years This patrol unit was replaced and removed from service in 2002 and kept as a backup loaner The vehicle has exceeded our current replacement policy guidelines. 3196 1999 GMC Sonoma Pickup, s/n 1GTCS14XXX8518035, license 27068D, 85,193 miles, 5 years This vehicle was assigned to Police Investigations and began showing signs of wrong wear It exceeded our current replacement policy guidelines for 5 years and/or 80,000 mules, and was replaced in the 2004 budget year, 3199 1999 Ford Crown Victoria, s/n 2FAFP71W1XX155501, license 27044D, 92,821 miles, 5 years This velucle was used as a patrol K-9 unit It accumulated more miles than expected, developed transmission failure and was replaced in the 2004 budget year It exceeded the replacement policy guidelines for 3 years and/or 80,000 miles. 3210 2000 Ford Crown Victoria, s/n 2FAFP71W7YX156895, license 29912D, 85,312 miles, 4 years The vehicle is showing excessive charging system problems and it has had 2 significant accidents The vehicle exceeds our current replacement policy guidelines for 3 years and/or 80,000 miles 3224 2001 Ford Crown Victoria, s/n 2FAFP71W3IX147407, license 32527D, 85,013 miles, 3 years This patrol unit has had continuous problems with the cooling system and was replaced in the 2004 budget year. It does comply with our current replacement policy guidelines for 3 years and/or 80,000 miles 8715 1991 Chevy S-10 Pickup, s/n 1GCCS19Z4M8149291, license 08745D, 106,221 miles, 13 years During repair of fuel sender we found the steering and front suspension worn out. This vehicle was originally purchased and assigned to the Golf Course in 1991. After it was replaced it was reassigned to the motor pool for extended service and is now ready for disposal The vehicle exceeds our current replacement policy guidelines for 10 years and/or 80,000 miles 3805 2003 Ford Crown Victoria, s/n 2FAFP7IW 13X108687, license 32652D, 53,812 miles, 1 year This patrol unit was in an accident on 10/4/04 and totaled. It is scheduled for replacement in the 2005 budget year BEAR diagnostic equipment/engine analyzer. 1989 Model Ace Series 11 This unit is obsolete, many of the testing functions are no longer working and parts are no longer available Mayor White and Kent City Council — 2 Surplus Vehicle/Equipment P/Operations/Fleet/Surplus/surplus memo 1305 doe Kent City Council Meeting Date January 18, 2005 Category Consent Calendar 1. SUBJECT: HOME STREET BANK DONATION—ACCEPT 2. SUMMARY STATEMENT: Accept the Home Street Bank's Corporate Giving Program donation in the amount of$2,500 for the fall prevention/nsk reduction equipment. The Fire Department received a donation in the amount of$2,500 from Home Street Bank's Corporate Giving Program. The funds will enable the Fire Department, in conjunction with Housing and Human Services, to provide fall prevention/risk reduction equipment to the citizens in our community at no cost. In the past the City had been able to provide some of this equipment to the senior citizens through a grant funded by the Central Region EMS and Trauma Care Council, however, that funding is no longer available. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Safety Committee 12/16/04 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? ` Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund V00030.56710.2950 Amount $2,500.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION: Council Agenda Item No. 6J REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE 2-0 C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE n f F. PARKS AND HUMAN SERVICES COMMITTEE /ten G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES t t KENT OPERATIONS COMMITTEE MINUTES DECEMBER 7,2004 ICommittee Members Present: Char Tim Clark, Julie Peterson, Bruce White The meeting was called to order by Tim Clark, Chair at 4 06 p.m APPROVAL OF MINUTES DATED NOVEMBER 16, 2004 Bruce White moved to approve the minutes of the November 16, 2004, Operation Committee meeting. The motion was seconded by Julie Peterson seconded the motion, which passed 3-0. APPROVAL OF VOUCHERS DATED NOVEMBER 30, 2004 Finance Director Bob Nachlmger presented the vouchers for November 30, 2004. for approval I Julie Peterson moved to approve the vouchers dated November 30, 2004. Bruce White seconded the motion,which passed 3-0. iKENT POOL FUNDING REQUEST Parks, Recreation and Community Services Director John Hodgson presented the Kent Pool Funding Request which he briefly introduced at the November 16, 2004, Operations Committee meeting. Mr. Hodgson advised that Aquatics Management Group is requesting $20,000 00 in additional operational and capital funding for the swimming pool agreement for 2005 and beyond, which would increase the operational subsidy to $40,000 00 annually Sean Hutchinson from Aquatics Management Group addressed the Operations Committee regarding the needs of an increase The Operations Committee questioned the venue of this request and crucial needs of Aquatics Management Group Julie Peterson moved to send the Kent Pool Funding Request to the first Parks Committee meeting on January 20, 2005, with discussion to be held at the Council Workshop on January 18,2005. Bruce White second the motion,which passed 3-0. i Operations Committee Minutes December 7, 2004 Page- 2 DIVERSITY ADVISORY BOARD - ORDINANCE City Attorney Tom Brubaker advised that on or about August 4, 1998, the City Council adopted Ordinance No. 3414, which established the Diversity Advisory Board to promote and facilitate active involvement and participation by diverse cultures within the Kent community. Administration and staff desire to increase the membership of the board from seven (7) to nine (9) members in order to broaden the perspective and increase the input on issues relating to diverse cultures being considered by the board Mr. Brubaker advised that this is a housekeeping matter to establish the approval as was previously approved per Ordinance 3570 Bruce White moved to recommend Council adopt the proposed ordinance increasing the Diversity Advisory Board members from seven (7) to nine (9) members. Julie Peterson seconded the motion,which passed 3-0. i 2005 BUDGET ADOPTION ORDINANCE Finance Director Bob Nachlinger presented the 2005 Budget Adoption Ordinance Mr Nachhnger advised that the Operations Committee has previously reviewed the Proposed 2005 Annual Budget in two of its meetings. The Budget has also been discussed at two public hearings and been reviewed by the City Council twice in workshops. The Proposed 2005 Annual Budget now comes to the Operations Committee for its recommendation to the City Council at its December 14, 2004, meeting. Incumbent Public Works Director Larry Blanchard addressed the Operations Committee regarding the critical areas consultants and the proposed new critical areas engineering in the sewer drainage fund with questions by the , Committee. Bruce White moved to restore the consulting fees as part of the budget and remove the critical area engineering full time employee position from the budget, and move the consulting fees from the General Fund to the Sewer Drainage Fund. Julie Peterson seconded the motion,which passed 3-0. Julie Peterson moved to approve the 2005 Budget Ordinance, as amended, and forward it to the City Council meeting of December 14, 2004. Tim Clark seconded the motion, which passed 2-1. i 1 1 Operations Committee Minutes December 7, 2004 Page. 3 2004 ACCOUNTS RECEIVABLE WRITE OFFS Finance Director Bob Nachlinger presented the 2004 Accounts Receivable Write Offs to the Operations Committee recommending approving the write-off of seven (7) miscellaneous accounts receivable in the amount of $3,388 88, three (3) utility billing receivables in the amount of $5,673.24, two (2) LID penalties in the amount of$9,622 27, and an Engineering bill in the amount of$23,793 00 for a total of$42,477 39 Thirteen (13) accounts im oked in the requested write-off amounts for the 2004 fiscal year Of these accounts, four (4) are bankruptcies, two (2) are writing off the penalties for late payments of LID bills, four (4) relate to repairs to guardrails, two (2) are NSF checks, and the last is a dispute with a contractor on a construction project. The amount requested to be written off represents approximately 1% of the total billings of the City annually The budget impact of this transaction will be a failure to collect the $42,477.39 which would otherwise be included in City revenues. Bruce White moved to recommend that the Operations Committee approve the write-off of various accounts receivable in the amount of $42,477.39 and forward the item to the City Council agenda of December 14, 2004. Julie Peterson seconded the motion, which passed 3-0. COMPREHENSIVE PLAN AMENDMENT CAPITAL IMPROVEMENT PLAN 2005- 2010 - ORDINANCE Assistant Finance Director Cliff Craig presented the Comprehensive Plan Amendment — Capital Improvements Plan 2005-2010 Ordinance. as well as a PowerPoint presentation. The Ordinance relates to CPA-2004-3 amending the Capital Facilities Element of the Comprehensive plan to include the Capital Improvement Plan for 2005-2010 Julie Peterson moved to recommend approval of an ordinance adopting the 2005-2010 Capital Improvement Plan with incorporation into the Capital Facilities element of the Comprehensive Plan. The motion was seconded by Bruce White and passed 3-0. 3 Operations Committee Minutes December 7, 2004 Page: 4 COMPREHENSIVE PLAN AMENDMENT AND REVISIONS TO KENT CITY CODE 12.13: SCHOOL DISTRICTS' CAPITAL FACILITIES PLANS—ORDINANCE Planning Manager Charlene Anderson presented the Comprehensive Plan Amendment and Revisions to Kent City Code 12.13• School Districts' Capital Facilities Plans The amendment incorporates the 2004/05 — 2009/10 Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, including updated School Impact Fees, as recommended by staff The school districts are required to submit for annual Council review their updated capital facilities plans Kent, Federal Way, and Auburn submitted their updated Plans and a public hearing was held on November 16, 2004. Ms Anderson noted that Auburns plan was increased and Kent and Federal Ways plans decreased. Fred High of the Kent School District and Mike Newman for the Auburn School District each addressed the Operations Committee Julie Peterson moved to add the December 3, 2004, letter from Kent School District Superintendent Barbara Grohe as part of the record. Bruce White seconded the motion, which passed 3-0. Bruce White recommended updating the Capital Facilities Element of the Kent Comprehensive Plan and Chapter 12.13 Kent City Code to incorporate the 2004/05- 2009/10- Capital Facilities Plans of the Auburn, Kent and Federal Way School Districts, including updated School Impact Fees, as recommended by staff. The motion was seconded by Julie Peterson and passed 3-0. 3RD QUARTER FINANCIAL REPORT Assistant Finance Director Cliff Craig presented the 2004 3`d Quarter Financial Report which was previously scheduled to be presented at the December 7, 2004, Operations Committee meeting. The meeting was adjourned at 5:23 p.m. Renee Cameron Operations Committee Secretary 4 1 KENT OPERATIONS COMMITTEE MINUTES JANUARY 4, 2005 Committee Members Present Chair Tim Clark, Julie Peterson, Bruce White iThe meeting was called to order by Tim Clark, Chair at 405 p in APPROVAL OF MINUTES DATED DECEMBER 7. 2004 Bruce White moved to approve the minutes of the December 7, 2004, Operation Committee meeting. The motion was seconded by Julie Peterson seconded the motion, which passed 3-0. APPROVAL OF VOUCHERS DATED DECEMBER 15 2004 AND DECENIBER 31 2004 Accounting Manager Bonnie Fell presented the vouchers for December 15, 2004, and December 31, 2004, for approval Julie Peterson moved to approve the vouchers dated December 15, 2004, and December 31, 2004. Bruce White seconded the motion, which passed 3-0. KENT REPORTER CONTRACT Multimedia Manager Dea Drake presented the 2005 Kent Reporter Contract Ms DrakeWaldrop advised that the City of Kent began publishing the Kent Connections city newsletter in the Kent Reporter in 1998 The content and design are completed in-house and forwarded to the Kent Reporter for publication and distribution The Kent Reporter is distributed to approximately 68,000 Kent area businesses, homes and apartments Community feedback on the newsletter in the 2004 citizen sure ey indicates that 76% of respondents read L the newsletter occasionally or every issue Among those who have read Kent Connections, 75% rate the value as excellent or good It was also noted that respondents who have voted in city elections in the last two years are more likely to read "every" issue Communicating with our citizens has been a high priority item for council This continues to be a more cost effective solution than direct mail options Staff recommendation is to continue this publication in 2005, which is not to exceed S60,000 00, including sales tax. Bruce White m oved to approve the 2005 Kent Reporter Contract for the purposes of publishing the City of Kent newsletter subject to City Attorney approval of the contract documents. Julie Peterson seconded the motion, which passed 3-0. 1 Operations Committee Minutes January 4, 2005 Page: 2 RENTON TECHNICAL COLLEGE CONTRACT- APPROVE ORDINANCE Deputy Police Chief Chuck Miller presented the Renton Technical College Contract Deputy , Chief Miller advised that that the contract provides Adult Basic Education (ABE) and GED instruction and testing to offenders supervised by the City of Kent Corrections Facility as a partner in the Opening Doors Project The City is contracting with Renton Technical College as a sub grantee to the C ity's grant award from the Department of Education, Fund for the Improvement of Post Secondary Education. Julie Peterson moved to recommend the City Council approve and authorize the Mayor to sign the Consultant Services Agreement with Renton Technical College and placing this on the Consent Calendar of the January 18, 2005 City Council meeting. Bruce White seconded the motion, which passed 3-0. GOVERNMENT RELATIONS SERVICES CONTRACT ' Chief Administrative Officer Mike Martin presented the Government Relations Services Contract with Outcomes by Levy. Mr. Martin advised the City contract with Doug Levy of Outcomes by Levy annually for government relations consulting services The services provided by Mr. Levy are the same kinds of lobbying services previously provided on critical City legislative issues and are outlined further in the agreement. The agreement as previously is the same as in year's past. The agreement calls for a monthly fee of $5,000 00 plus expenses, which is an increase over last years monthly fee of$4,166.67 Bruce White moved to recommend the City Council approve and authorize the Mayor to sign the Consultant Services Agreement with Outcomes by Levy by 2005 government relations consulting services. Julie Peterson seconded the motion, which passed 3-0. The meeting was adjourned at 4 21 p.m. Renee Cameron Operations Committee Secretary 2 i 1 PUBLIC WORKS COMMITTEE MINUTES December 6 2004 COMMITTEE MEMBERS PRESENT Committee Chair Bruce White, Committee Member Debbie Raplee and Committee Member Ron Harmon The meeting was called to order by Committee Chair Bruce White at 5.30 P M Approval of Minutes Dated November 15, 2004 Committee Member Ron Harmon moved to approve the minutes of November 15, 2004 The motion was seconded by Debbie Raplee and passed 3-0 Udalov Environmental Services Contact 1 Bill Wohnski, Environmental Engineering Manager stated this contract will provide the Cm of Kent highly technical assistance on the review and preparation of documents relating to the Landsburg Mine Debbie Raplee moved to recommend authorizing the Mayor to sign the Consultant Agreement Change Order with Udaloy Environmental Services for$64,995 to provide the City of Kent technical assistance on the Landsburg Mine upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Ron Harmon and passed 3-0. United States Fish and Wildlife Services Contract Bill Wolinski, Environmental Engineering Manager stated this contract will allow the USFWS to assist the City of Kent in the development of the Clark Springs Habitat Conservation Plan and associated environmental documents Debbie Raplee moved to authorize the Mayor to sign the contract with the United States Fish and Wildlife Service(USFWS) in the amount of$95,550 to provide assistance to the City of Kent in the development of the proposed Habitat Conservation Plan (HCP) and for the preparation of the associated environmental documents including an Environmental Impact Statement (EIS) upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Ron Harmon and passed 3-0 LLittler Environmental Consultm2 Inc. Contract Bill Wohnski, Environmental Engineering Manager stated this contract will provide the City of Kent highly technical assistance on the review and preparation of documents relating to the Landsburg Mine and MTCA Ron Harmon moved to recommend authorizing the Mayor to sign the contract with Littler Environmental Consulting,Inc. for S44,915 to provide the City of Kent technical assistance on the Landsburg Mine and Model Toxic Control Act (MTCA) issues upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Debbie Raplee and passed 3-0. The meeting adjourned at 5 40 P M Janet Perschek Administrative Assistant CONTINUED COMMUNICATIONSn�-- A. `� I - 12 Cz C--� i . r r r r EXECUTIVE SESSION 4 1 ACTION AFTER EXECUTIVE SESSION 1 1 J� N A-C,L�� �44 1