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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/03/2005 1 A ILL , City of Kent City Council Meeting Agenda 1 j May 3, 2005 Mayor Jim White Julie Peterson, Council President j Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas Deborah Ranniger Bruce White KEN T WASHINGTON • 1 City Clerk's Office KENT CITY COUNCIL AGENDAS KEN T May 3, 2005 W^s H I N G T O N Council Chambers MAYOR- Jim White COUNCILMEMBERS: Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White ********************************************************************************* ICOUNCIL WORKSHOP AGENDA 5:30 p.m. THE WORKSHOP HAS BEEN CANCELLED 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 C n B. FROM THE PUBLIC— Citizens may request that an item be added to the J© agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A Poster Design Contest Awards Ceremony B. Proclamation—Letter Carriers Food Drive Week C. Employee of the Month D. Economic Development Update E • L_ed;s lam 4a, Ueda+e. 5. PUBLIC HEARINGS 1 None 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve B. Payment of Bills—None C. Washington State Department of Transportation Participation Agreement for SR516—Authorize D. Montgomery Water Group, Inc. Contract Amendment—Authorize E. I I6`h Avenue SE (SE 277`h Street Corridor Extension) Consultant Services Agreement—Authorize F. Emergency Medical Services (EMS) Pre-hospital Participation Grant—Accept G. King County Office of Emergency Management Grant—Accept (Continued on Back) COUNCIL MEETING AGENDA CONTINUED H. State Homeland Security Office of Domestic Preparedness Grant—Accept I. Emergency and Basic Life Support Ambulance Services Agreement— Authorize J. Ordinance Amending Kent City Code 9.01 010, Emergency Management Organization—Adopt 3 r1 q QQqq K. National Incident Management System Resolution!(OAdopt L. Washington Traffic Safety Commission Grant Application for Pedestrian Crosswalk Violations —Accept and Amend Budget M. Safe Havens Visitation and Exchange Program Fees —Establish Budget N. Safe Havens Visitation and Exchange Program Donations— Accept and Amend Budget O. East Hill Community Skate Park Master Plan—Approve P. Glenn Nelson Park Project—Accept as Complete Q. First Quarter Fee-in-Lieu of Funds—Accept and Amend Budget R Service Club Ball Park Lighting Contract—Authorize S. Mount View Rezone Ordinance—Adopt 3 7 If-5 T King Conservation District Grant for Scenic Hill Park—Accept and Amend 111 Budget U. King Conservation District Grant for Make A Difference Day— Accept and Amend Budget 1100 V. Countywide Planning Policies Amendments Resolution—Adopt W. McMillin Street Vacation Ordinance —Adopt 3�� • Xc use d A-bS e.ncR fW Co UAC-I KU^b -9 i(�anK _ ' P�°'1� 7. OTHER BUSINESS None 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS A . S a65 f-an e e A+ as e- 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation B. Property Acquisition 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 and complete packet are 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 v y p T >. 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N — Y C U h E °= Q a v v ° � LV O� 11 z t°o°p r v o•�'a 3 E i� c Wr m Heaa cu k u a v d c Ev = °c Alvv oop v vom° °u vmStu aa up vE uL a vO aoenuvR EnrAO R. 4AV`�vVi rCHANGES 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 1 PUBLIC COMMUNICATIONS A) POSTER DESIGN CONTEST AWARDS CEREMONY t B) PROCLAMATION-LETTER CARRIERS FOOD DRIVE WEEK C) EMPLOYEE OF THE MONTH D) ECONOMIC DEVELOPMENT UPDATE CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember W h� i seconds to approve Consent Calendar Items A through . y Discussion ' Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 19, 2005. 6B. Approval of Bills. No numbers available. i 1 x t t t Council Agenda Item No. 6 A-B KEN T Kent City Council Meeting WASHINGTON April 19, 2005 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Pro Tem Peterson. Councilmembers present: Clark, Harmon, Ranniger, Raplee, Thomas and White. (CFN-198) CHANGES TO AGENDA L A From Council, Administration, or Staff. (CFN-198) Clark requested that Consent Calendar Items S and T be moved to Other Business. Raplee requested that Consent Calendar Item D be moved to Other Business. The requests were approved by Council. B. From the Public. (CFN-198) Continued Communications Item A was added at the request of ` Bob O'Brien. PUBLIC COMMUNICATIONS A. Introduction of Appointee. (CFN-1127) Mayor Pro Tern Peterson introduced Delores Brown, the Mayor's appointee to the Diversity Advisory Board. B. Employee of the Year. (CFN-147) Mayor Pro Tern Peterson announced that Kathleen Senecaut of the Finance Department was chosen as Employee of the Year. CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through R, with the exception of D, S and T. White seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of April 5, 2005 were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on March 15, 2005 were approved. tApproval of checks issued for vouchers: Date Check Numbers Amount 3/15/05 Wire Transfers 1985-2001 $1,720,824.60 3115105 PrePays & 575070 308,033.54 3/15105 Regular 575812 1,196,039.51 $3,224,897.65 j Approval of checks issued for payroll for February 16 through February 28 and paid on March 4, 2005: Date Check Numbers Amount 3/4/05 Checks 282271-282530 $ 203,446.60 3/4/05 Advices 176620-177287 1,211,779.19 $1,415,225.79 1 Kent City Council Minutes April 19, 2005 Approval of checks issued for pall for March 1 through March 15 and paid on March 18, 2005: Date Check Numbers Amount 3/18/05 Checks 282531-282812 $ 213,398.47 3/18/05 Advices 177288-177960 1,225,891.46 $1,439,289.93 i C. 2005-2010 Print Shop Copier Lease. (CFN-818) The 2005-2010 Print Shop Copier Lease was approved. E. 2005 Bond Refunding Ordinance. (CFN-104) The 2005 Bond Refunding Ordinance No. 3739 was adopted. The new bond issue is approximately$7,325,000. F. Downtown Strategic Action Plan Update. (CFN-462) Ordinance Nos. 3740, 3741 and 3742 adopting the Downtown Strategic Action Plan (DSAP) update, amendments to chapter 15 of the Kent City Code to implement provisions in the DSAP, and amendments to land use and zoning designations to implement provisions in the DSAP were adopted. CLARK MOVED to make Attachment C,Planning & Economic Development Committee, December 6, 2004, apart of the record. White seconded and the motion carried. G. 2004 Comprehensive Plan and Zoning Map Amendments. (CFN-377&131) Ordinance No. 3744 relating to the 2004 Comprehensive Plan Amendments CPA-2004-4(A), CPA-2004- 4(B), and CPA-2004-4(C),which amend the comprehensive plan land use designations for property more specifically identified in the Ordinance was adopted, and Ordinance No. 3743 relating to zoning map changes CPZ-2004-3, CPZ-2004-4, and CPZ-2004-5,which amend zoning map designations for property more specifically identified in the Ordinance was adopted. H. Morgan's Place Final Plat. (CFN-1272) The final plat Mylar for Morgan's Place was approved and the Mayor was authorized to sign the Mylar. TLT Development proposes to subdivide approximately 11.74 acres into 46 single-family residential lots. I. Taylor Associates, Inc. Consultant Services Agreement. (CFN-675) The Mayorwas authorized to sign the contract with Taylor Associates, Inc. for$86,771.00 to provide the City with an Ambient Water Quality Monitoring Program and Final Report, upon concurrence by the City Attorney and the Public Works Director. J. Natural Systems Consultant Agreement. (CFN-1019) The Mayor was authorized to sign the contract with Natural Systems Design for$105,095.00 to provide the City with technical assistance on the Garrison Creek Realignment/Flood control project,which is on the SR 167 off- ramp at South 212'h Street, upon concurrence by the City Attorney and the Public Works Director. K. S. 2281h Street Railroad Grade Separation Consultant Contracts. (CFN-171) The Mayor was authorized to sign consultant services agreements or other contracts determined to be necessary for the 228"' Corridor Railroad Grade Separation Crossings over the Burlington Northern and Union Pacific Railroads. 2 ' Kent City Council Minutes April 19, 2005 L. Puget Sound Energy Construction Agreement for Military Road Underground Power Conversion. (CFN-1134) The Mayor was authorized to sign the Puget Sound Energy Construction Agreement for Military Road Underground Power Conversion, upon concurrence by the City Attorney and the Public Works Director. IM. Waste Reduction and Recycling Grant Amendment. (CFN-73S) The Mayor was authorized to sign the Waste Reduction and Recycling Grant Contract Amendment for $94,241.00, direct staff to accept the grant and to establish a budget for the same. N. Transportation Improvement Board Grant Agreement For Pacific Highway South, I South Phase. (CFN-1038) The Mayor was authorized to sign the Transportation Improvement Board"Fuel Tax Grant Distribution Agreement" for the Pacific Highway South HOV Lanes South Phase Project, direct staff to accept the grant and to establish a budget for the same. O. Transportation Improvement Board Grant Agreement for the 277th Street Corridor Extension. (CFN-1038) The Mayor was authorized to sign the Transportation hnprovement Board "Fuel Tax Grant Distribution Agreement' for the 277`h Street Corridor Extension Project, direct staff to accept the grant and to establish a budget for the same. P. Ordinance Amending Kent City Code Section 7.08, Side Sewer Code. (CFN-162) Ordinance No. 3745 amending Ch. 7.08 of the Kent City Code to adopt the 2005 edition of the Side Sewer Code was adopted. Q. Haupt Short Plat Infrastructure Improvements Bill of Sale. (CFN-484) The Bill of Sale for the Haupt Short Plat Infrastructure Improvements submitted by Mounir"Tom"Touma for 1 continuous operation and maintenance of 656 feet of watennain, 620 feet of sewers, 667 feet of street improvements and 530 feet of storm sewer was accepted. R. Diversity Advisory Board Appointment. (CFN-1127) The Mayor's appointment of Ms. Delores Brown to serve as a member of the Kent Diversity Advisory Board was confirmed. Her new appointment will continue until 9/30/2007. OTHER BUSINESS A. Mount View Rezone. (CFN-121) This request by David Malik is to rezone 4.7 acres of property from SR-4.5 to SR-6, Single Family Residential. The property is located at 23438 941h Avenue South. The Kent Hearing Examiner held a Public Hearing on March 16, 2005, and issued a Findings, Conclusions and Recommendation for approval on March 30, 2005. The City Attorney explained the quasi-judicial process and there were no ex-parte contacts by Councilmembers to be disclosed. CLARK MOVED to accept the Findings, Conclusions and Recommendation of the Hearing Examiner on the Mount View Rezone and to direct the City Attorney to prepare the necessary ordinance. White seconded and the motion carried. B. Critical Areas Ordinance. (CFN-961) Clark explained this issue and MOVED to adopt Ordinance No 3746, amending the City's critical areas regulations. Ranniger seconded and the motion camed. 3 Kent City Council Minutes April 19, 2005 C. Habitat Protection and Restoration Plan Resolution. (CFN-961) After commenting on the critical areas ordinance, CLARK MOVED to adopt Resolution No. 1698 authorizing the Mayor to direct the Public Works Department to investigate, analyze, and propose a critical areas Habitat Protection and Restoration Plan in support of the City's adoption of a critical areas ordinance. Ranniger seconded and the motion carried. D. Environmental Engineer II Position. (CFN-1038) Upon Raplee's request, Public Works Director Blanchard explained the requirements and cost savings of this position. RAPLEE THEN , MOVED to approve the creation and filling of an Environmental Engineering II position. Clark seconded and the motion carried. BIDS A. Service Club Ball Park. (CFN-118) The bid opening was held on April 11, 2005 with six bids received. The apparent low bid was submitted by Ohno Construction in the amount of $3,770,500, excluding Washington State Sales Tax (WSST). The Engineer's estimate is $4.3 to 4.5 million, excluding WSST. After brief comments by Parks Director Hodgson and Finance Director Nachlinger, RANNIGER MOVED to authorize the Mayor to enter into an agreement , with Ohno Construction in the amount of$3,770,500 to complete the Service Clubs Park Project, on the condition that the City is able to bond for up to $2,500,000. Raplee seconded and the motion carried. REPORTS Public Safety Committee. (CFN-198) Ranniger noted that the Committee will meet at 5:00 p.m. , on April 21. Planning and Economic Development Committee. (CFN-198) Clark noted that the urban development report is due in several months. Parks and Human Services Committee. (CFN-198) Ranniger noted that the Committee will meet at 4:00 p.m. on April 21, and that the Service Club Ballfields groundbreaking will be at noon on April 26. Administrative Reports. (CFN-198) Martin reminded Councilmembers of an Executive Session of approximately 15 minutes regarding pending litigation and property disposition, with possible , action afterward. CONTINUED COMMUNICATIONS A. Municipal Lot. (CFN-198) Bob O'Brien, 1131 Seattle Street,noted that in 1969 downtown businesses were taxed to buy that property and said therefore these business owners must be contacted about action on that property. He also mentioned selling air rights for downtown parking lots. EXECUTIVE SESSION The meeting recessed to Executive Session at 7.50 p.m and reconvened at 8:20 p.m. (CFN-198) 4 1 Kent City Council Minutes April 19, 2005 ACTION AFTER EXECUTIVE SESSION Property Disposition. (CFN-198) HARMON MOVED to authorize the Mayor to enter into a Purchase and Sale Agreement for Morrill Meadows Park Connection Property at fair market value plus demolition costs, and to authorize the Mayor to execute any and all documents necessary to close the purchase on review by the City Attorney. Clark seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:20 p.m.. (CFN-198) Brenda Jacober, C City Clerk 1 1 i 1 1 1 t i i 1 i5 Kent City Council Meeting Date May 3, 2005 ' Category-Consent Calendar 1. SUBJECT: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION PARTICIPATION AGREEMENT FOR SR516 —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Participation Agreement with Washington State Department of Transportation for an estimated 1 amount of$11,797.20 for construction of the SR-516 Pavement Repair between Smith Street and Gowe Street, upon concurrence of the language by the Public Works Director and the City Attorney; establish a budget for the same; and direct staff to spend the money accordingly. 3. EXHIBITS: Public Works memorandum and WSDOT Participation Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _ jCurrently in the Budget? Yes X No If no: 1 Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director Phone-253-856-5500 Fax 253-856-6500 ' KEN T WASNINGTDN Address: 220 Fourth Avenue S Kent,WA 98032-5895 DATE: April 11,2005 TO: Public Works Committee FROM: Ken Langholz,Design Engineering Supervisor THROUGH- Larry Blanchard, Public Works Director SUBJECT: WSDOT Participation Agreement for SR-516 between Smith Street and Gowe Street Pavement Repair ' MOTION: Recommend concurrence of the WSDOT Participation Agreement in the estimated amount of$11,797.20 for construction of the SR-516 Pavement Repair between Smith Street and Gowe Street, to establish a budget for the same along with directing staff to spend the money accordingly. SUMMARY: The Participation Agreement between the City of Kent and the Washington State Department of Transportation for the City to repair pavement on SR-516 (Central Avenue) between Smith Street and Gowe Street was accepted by the City and assumed Council had accepted same but didn't. As such the Public Works Department is requesting that Council authorize the establishment of the budget and spending of the money accordingly. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact ' BACKGROUND: Central Avenue is a state route (SR-516). The Washington State Department of Transportation is responsible for the maintenance of the roadway surface and will be overlaying SR-516 between I-5 and Smith Street in 2005. The City of Kent will be installing new curb, gutter and sidewalk along the west side of Central Avenue between Smith Street and Gowe Street. This ' work is scheduled to be completed prior to WSDOT's overlay project. A 3-foot wide section of roadway adjacent to the gutter is deteriorated and needs repair The WSDOT has agreed to reimburse the City for cost of performing the pavement repair This agreement is for construction of the repair. Mayor White and Kent City Council 1 ' Ad9W ' � Washington State -Iv Department of Transportation Organization and Address City of Kent State Participating Aim Kenneth Langholz,Enb neenng Supervisor Agreement 220 Fourth Avenue South Kent,WA 99302-5595 Work cy Local Agency Section/Location Actual Cost South Street to Gowe Street Agreement Number Description of work GCA 4205 pavement repair of 3' section adjacent to gutter from Smith Street State Route Number Control Section Number to Gowe Street 516 176305 Region Urban Comdors THIS AGREEMENT, made and entered into this , day of • V v. Ln 2[f �� ,between the STATE OF WASHiNGTON, Department of Transportation,acting by and through the Secretary of Transpokation,(hereinafter the"STATE")and the above named organization,(hereinafter the'LOCAL AGENCY) WHEREAS,the LOCAL AGENCY is planning the construction of a project as shown above,and in connection therewith,the STATE ' has requested that the LOCAL AGENCY perform certain work as herein described,and WHEREAS,R is deemed to be in the best interest for the STATE to include specific items of work rn the LOCAL AGENCY'S construction contract proposed for the above-noted project,and ' WHEREAS,the STATE is obligated for the cost of work described herein NOW THEREFORE,byvirtue of RCW 47 28 140 and in consideration of the terms,conditions,covenants,and performances contained herein,or attached and incorporated and made a part hereof,IT IS MUTUALLY AGREED AS FOLLOWS 1 ( The STATE agrees,upon satisfactory comphetton of the GENERAL work involved,to deliver a letter of acceptance which shalt The LOCAL AGENCY, as agent acting for and on behalf of include a release and waiver of all future claims or demands of the STATE,agrees to perform the above"Description of any nature resulting from the performance of the work under this ' wow AGREEMENT. Plans,specifications and cost estimates shalt be prepared by the f� LOCAL AGENCY in accordance with the currard State of PAYMENT Washington Standard Specifications for Road, Bridge,and The STATE,in consideration of the faithful performance of the Municipal Construction,and amendments thereto,and adopted work to be done by the LOCAL AGENCY,agrees to reimburse design standards, unless otherwise noted The LOCAL AGENCY the LOCAL AGENCY for the actual direct and related indirect will incorporate the plans and specifications into the LOCAL cost of the work AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is An itemized estimate of cost for work to be performed by the awarded,administer the contract LOCAL AGENCY at the STATE's expense is marked Exhibit "A', and is attached hereto and by this reference made a part ' of this AGREEMENT The LOCAL AGENCY agrees to submit plans and specifications for the described work as shown on Exhibil'V,attached hereto Partial payments shalt be made by the STATE,upon request of and by this reference made a part of this AGREEMENT,to the the LOCAL AGENCY,to cover costs incurred These payments STATE for approval prior to advertising the project are not to be more frequent than one(1)per month It is agreed that any such partial payment will not constitute agreement as to the appropnateness of any item and that,at the time of the final The STATE may, if it destres,furnish an inspector on the audit,all required adjustments will be made and reflected in a ' project Any costs for such inspection will be borne solely by final payment the STATE AN contact between said inspector and the LOCAL AGENCY's contractor shall be through the LOCAL AGENCY's representative ' DOT Form 224.067 EF Revised 10/2oot The LOCAL AGENCY agrees to submit a final bill to the STATE In the event d is determined that any change from the description , within forty-five(45)days after the LOCAL AGENCY has of work contained in this AGREEMENT is required,approval must I completed the work be secured from the STATE prior to the beginning of such work Where the change is substantial,written approval must be Ill secured , DELETION OF WORK In the event the estimate of cost,Exhibit"A",is in excess of Reimbursement for increased work and/or a substantial change in $10,000 and the total actual bid prices for the work covered by the description of work shall be limited to costs covered by a this AGREEMENT exceeds the estimate of cost by more than 15 written modification,change order or extra work order approved percent,the STATE shall have the option of directing the LOCAL by the STATE AGENCY to delete all or a portion of the work covered by this AGREEMENT from the LOCAL AGENCY's contract Except,that V this provision shall be null and void if the STATE's portion of the RIGHT OF ENTRY work exceeds 20 percent of the actual total contract bid price The STATE nereby grants and conveys to the LOCAL AGENCY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way of the highway,for the The STATE shall have five(5)working days from the date of purpose of constructing said improvements written notification to inform the LOCAL AGENCY to delete the work Should the STATE exercise its option to delete work,the Upon completion of the work outlined herein,all future operation STATE agrees, upon billing by the LOCAL AGENCY,to and maintenance of the STATE's facilities shall be at the sole cost reimburse the LOCAL AGENCY for preliminary engineering costs of the STATE and without expense to the LOCAL AGENCY i incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT in the LOCAL AGENCY's contract VI LEGAL RELATIONS ' IV No liability shall attach to the LOCAL AGENCY or the STATE by EXTRA WORK reason of entering into this agreement except as expressly In the event unforeseen conditions require an increase in the cost provided herem of 25 percent or more from that agreed to on Exhibit"A",this AGREEMENT will be modified by supplemental AGREEMENT covering said increase t IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION BY BY Title ��y i Title C/,. C?�✓ `� /rY' N/ t'c�� ' Date Date DOT Form 224-W7 EF Revised 1012001 GCA 4205 EXHIBIT A ESTIMATE OF COST NUMBER OF COST PER ' ITEM UNIT UNITS UNIT COST Pavement Repair Excavation Ind Haul S Y 185 15 $2,775 00 Crushed Surfacing Base Course TON 230 15 $3,450 00 ' Asphalt Conc for Pavement Repair TON 31 42 $1,302 00 Traffic Control Supervisor HOUR 10 35 $350 00 Traffic Control Labor HOUR 25 35 $875 00 Sub-total A $8,752 00 Mobilization (7%Sub-total A) $612 64 Sub-total B $9,364 64 Sales Tax (8 6%of Sub-total B) $805 36 Sub-total C $10,170 00 Const Engr (12%of Sub-total C)&Contingencies (4%) $1,627 20 ' TOTAL $11,797 20 NOTE Prelurunary engmeenng is not included per direction from Mr Kenneth Langholz, City of Kent ■ GCA 4205 , EX MIT B , DESCRIPTION OF WORK The LOCAL AGENCY will include the following work on SR 516,from Smith Street to , Gowe Street (Milepost 5 57 to Milepost 5 68),in their Project No. 00-3013 Remove deteriorated pavement and sub-grade(3' section)along gutter line ' Replace removed sub-grade with crushed surfacing base course and asphalt concrete for pavement repair Provide traffic control for the work ' Kent City Council Meeting ' Date May 3, 2005 Category Consent Calendar 1. SUBJECT: MONTGOMERY WATER GROUP, INC. CONTRACT AMENDMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an amendment ' (change order 2) to the contract with Montgomery Water Group, for $117,400.00 to provide the City technical assistance on finalizing the Cow Creek Relocation/Restoration Project upon concurrence of the language by the City Attorney and Public Works Director. 3. EXHIBITS: Public Works memorandum and Agreement amendment ' 4. RECOMMENDED BY: Public Works Committee ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: Council Agenda Item No. 6D PUBLIC WORKS DEPARTMENT Larry Blanchard, Public Works Director Phone:253-856-5500 Fax 253-856-6500 K E N T W A 9 H I N G 7 O N Address: 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: April 12,2005 TO: Public Works Committee FROM: Larry Blanchard,Public Works Director THROUGH: Mike Mactutis,P.E., Acting Environmental Engineering Manager SUBJECT: Montgomery Water Group,Inc. tMOTION: Recommend authorizing the Mayor to sign an amendment (change order 2) with Montgomery Water Group, Inc. for$117,400 00 to provide the City of Kent technical assistance on finalizing the Cow Creek Relocation/Restoration Project upon concurrence of the language therein by the City Attorney and Public Works Director. SUMMARY: This contract is an amendment (change order 2) and will provide the City of Kent highly technical assistance on wetland delineation and enhancement, additional structural ' engineering design, and additional hydraulic design and drafting for the Cow Creek Relocation/Restoration Project(Lake Meridian Outlet). BUDGET IMPACT:There will be no unbudgeted fiscal impacts as a result of this contract. BACKGROUND This project is included in the Green Duwamish Ecosystem Restoration Program list of projects and is currently scheduled for construction in 2005 —2006. The City will be constructing the improvements at the Lake Meridian outlet in 2005 with the Corps of Engineers completing the new stream in 2006. The realignment of the Lake Meridian Outlet (Cow Creek)is a complex project due to several factors which have resulted in increased ' amounts of work beyond the current contract scope. The original scope for the project was with a prior consultant that was terminated and did not complete its work. The scope included: • Defining the Project Goals, Objectives and Design Criteria • Preliminary Design Concepts/Alignment Alternatives ' • Review of the Topographic Survey and Base Map • Integrated Creek Design • Development of Complete Construction Plans and Specifications • Permitting • Public Meeting Support • Bid Services ' Mayor White and Kent City Council 1 t The topographic survey and geotechnical analysis for the project were through separate consulting firms. Montgomery Water Group was the initial consultant on the portion of the project located in the ' City's Lake Meridian Park property. They were then contracted to complete the full project analysis and design when the previous consultant contract was terminated. Montgomery Water Group's scope included: • Supplemental Geotechnical Exploration • Hydrologic/Hydraulic Design Development and Evaluation • Fisheries Passage/Habitat and Revegetation Design Development and Evaluation • Wetland Mitigation Design Development and Evaluation • Design Document Preparation and Completion • Environmental Permitting Assistance ' • Easement Legal Descriptions and Property Owner Coordination Since Montgomery Water Group was contracted,multiple issues have arisen which have added to the complexity of the project. Some of these issues include: • The lower portion of the new outlet stream had to be completely rerouted due to conditions on property which was determned to be incompatible with the stream project. This new stream reach required complete design, including survey, geotechnical and wetland analysis. • The wetland preservation has progressed into a design using a soil/bentonite mixture in , the existing wetlands. The monitoring of the groundwater wells determined that the existing wetlands are very porous and a loss of surface flow occurs. The hydrology model needs to be updated to determine the extent of water loss presently occurring to be able to ensure to the permitting agencies that the necessary steps are being taken to protect and enhance the existing wetlands. The wetlands will be required by the Department of Ecology to be preserved or mitigated despite the creation of a new stream channel and the diversion of the majority of Lake Meridian outlet flows away from the wetlands and into the new stream channel. • To facilitate preservation of the wetlands, a portion of the high storm flows will be diverted from the new stream into the existing channel. This required additional ' hydrologic and hydraulic analysis as well as design of the diversion structure. The original project scope was to divert the entire flow from Lake Meridian into the new stream channel ' • To facilitate accelerated conveyance of high storm flows as well as extend lower flows into the summertime,the optimum Lake Meridian Outlet Control was determined to be a labyrinth weir. The labyrinth weir will require structural and geotechnical design. The ' lake outlet channel capacity is also needed to be enhanced to convey high flows during extreme storm events. Box culverts will be required as well as retaining walls, wing walls and footings to increase the outlet capacity sufficiently. Mayor White and Kent City Council 2 ' i • Due to the size of the project area, additional field survey was required to adequately determine quantities of earthwork and sizes of structures along the new stream channel. • King County Natural Resources and Parks,which is providing an easement for a large portion of the stream channel for no charge,requested design changes for the portion through its property which required redesign and redrafting efforts. Approximately$30,000 of work in this proposed scope amendment was budgeted in the previous wetland consultant contract. This work has not been completed and the budget was not spent. The contract has since expired. Mayor White and Kent City Council 3 Exhibit A Amendment No. 2 - Additional Phase 2 Design Services Cow Creek Relocation/Restoration Project For City of Kent Montgomery Water Group Team March 31, 2005 This exhibit defines the additional professional services (beyond the previously authorized scope or work) to be provided to the City of Kent, Public Works Department (Client) by Montgomery Water Group (MWG, Prime Consultant) for the Cow Creek Relocation/Restoration Project, Phase 2 Design in coordination GeoEngineers (GE), geotechnical engineering subconsultant, Springwood Associates (SA), wetlands subconsultant, The Watershed Company, fisheries subconsultant, MGS Engineering Consultants, hydrologic modeling subconsultant, and a structural engineering consultant to be selected. The project relocation/restoration reach extends between the Lake Meridian Outlet,west of 152°d Way SE, and the future Cow Creek confluence with Big Soos Creek (within the City of Kent Lake Meridian Park and King County Gary Grant Soos Creek Park). The Phase 2 design work includes the Lake Meridian outlet improvements extending approximately 500 feet downstream of the lake outlet, habitat improvements in the remaining 600 feet of the existing channel zone, approximately 2,250 feet of relocated Cow Creek channel from the point of confluence with the existing channel to the Big Soos Creek confluence, and the wetland mitigation reach along the existing channel corridor extending downstream to its crossing of 152"d Avenue NE. The scope of work for Amendment No. 2 additional services is described in more detail below along with the estimated fee(or incurred cost) for those services. Scope of Additional Phase 2 Services This amendment identifies additional final design and permitting assistance services (beyond , those previously authorized) either completed to date or needing to be completed for the Cow Creek Relocation/Restoration project. The responsibilities of MWG as prime consultant and the various subconsultants within each task are identified. Task 1—Geotechnical Design Development(GE) This work represents additional GE geotechnical engineering services needed to support the wetland mitigation design and proposed Cow Creek crossings (footbridges, utility access) not . defined by the contracted Phase 2 scope. 1.1 Additional Geotechnical Scope Items - The purpose of these additional geotechnical services will be to provide further evaluation of documented subsurface conditions as a basis for supplemental geotechnical recommendations for design and construction of the proposed channel relocation/restoration, hydraulic structures, and wetland mitigation improvements along Cow Creek. Although some additional shallow hand augers were previously recommended at locations of channel crossings to allow refinement in 1 Montgomery Water Group,Inc. geotechnical design criteria, collection of these additional data have been deleted at the City's request. GE considers that the existing subsurface data in close proximity will generally suffice for developing the required geotechnical recommendations. However, this may translate to more conservative design critena needing to be used. The specific ' scope of additional geotechnical services includes the following tasks: • Provide supplemental recommendations for site preparation and earthwork associated with the wetland mitigation design. These recommendations will be for site clearing, subgrade preparation (including wetland liner), structural fill placement, temporary cut slopes and permanent cut and fill slopes. • Provide supplemental recommendations for shallow foundation support of the new box culverts, footbridges, lake outlet weir structure and surrounding retaining walls (no pile supported structures assumed). These recommendations will include subgrade preparation,minimum embedment depth, and lateral resistance. • Provide supplemental recommendations for the box culvert walls and lake outlet weir structure and surrounding retaining walls including lateral pressures, suitable backfill types and compaction requirements. • Comment on construction considerations for the box culverts, footbridges, lake outlet weir structure and surrounding retaining walls. This will include excavation slopes and potential shoring and dewatering approaches. • Provide preliminary recommendations for temporary shoring during construction of 152"a Way SE and the boat ramp access road for the box culvert, lake outlet weir structure and surrounding retaining walls construction. These recommendations will include a brief discussion of shoring alternatives and will include active and passive lateral earth pressures. • Complete a laboratory testing program on soil samples obtained from the site for material expected to be used in wetland liner construction. The tests will be completed in general accordance with American Society for Testing and Materials (ASTM) standards to evaluate the permeability of soil with varying percentages of bentonite clay added. The purpose of thus testing will be to develop recommendations for the mixing and placing of soil/bentonite mixtures for the wetland mitigation area liner. • Provide supplemental recommendations for the use of a geosynthetic clay liner along the Upper Bench and Transition Zone reaches of the new channel. • Update the draft geotechnical report to final form including the findings, conclusions and recommendations of the added geotechnical scope items. Task 2—Wetland Mitigation Design Development (SA) The majority of work for this task was previously assigned to a separate contract between SA and the City. Since that contract is no longer active, the City has requested that the remaining work under that contract(plus any added SA services)be transferred to this contract under which SA will be a subconsultant to MWG. 2.1 Additional Wetlands Field Reconnaissance - SA will conduct a site visit to supplement documentation of the soil, vegetation, and hydrology conditions in Wetlands C through F. The purpose of the additional assessments is to provide information needed to develop 2 Montgomery Water Group, Inc. wetland mitigation plans, and may include the excavation of up to 12 shallow, hand- excavated holes. 2.2 Additional Wetland Delineation and Impacts/Mitigation Reporting- SA conducted a site visit to identify and delineate wetlands within the area that will be directly impacted by 1� project construction near the outlet to Lake Meridian. SA also observed conditions in the willow swamp at the south end of Lake Meridian that could be impacted by the project. The observations are needed to document existing conditions and gather information needed to assess potential impacts that may result from the changes in lake level fluctuation produced by the project. It is assumed that a delineation of the willow swamp boundary will not be completed. SA will complete a preliminary draft and a final Wetland Impact and Mitigation Report. The report will be based on the Wetland Functional Assessment completed by SA during 2003, and the final wetland hydrology HSPF modeling report prepared by MGS under Task 3. 2.3 Wetland Mitigation Habitat Features and Planting Plan Final Design Inputs - Provide design assistance for wetland mitigation habitat features and planting plans associated with Wetlands C through F and their buffers. This will include a zoned planting plan with typical planting zone arrangements, planting details, and a plant schedule for Wetlands C through F and their buffers. It is assumed that the City will identify the limits for the buffer design around Wetlands C through F, which are assumed to not extend beyond 50 feet from the wetland edge. It is also assumed that SA will provide the planting plans, details, schedule, and notes as drawing markups and that MWG will prepare the CAD versions of the landscape plans through 100% design (through Tasks 8 and 9). 2.4 Wetland Mitigation JARPA Inputs and Response to Comments - SA will provide written information related to wetland impacts and mitigation for use in the JARPA, and will attend up to two meetings with the City and regulatory agencies regarding permit processing. SA will also provide written responses to comments relating to wetland impacts and mitigation received during the public notice period. 2.5 Wetland Mitigation Drawings Review/Markups - SA will review and provide comments to MWG on the portions of the 60%, 90%, and 100% plans related to wetland impacts and wetland mitigation It is assumed that the reviews and comments will be limited to the grading and planting plans for Wetlands C through F along with review of and inputs to the stream channel planting plans by TWC through 100%design drawings completion. 2.6 Final Design Report, Specifications, and Cost Estimate Inputs - SA will provide inputs requested by MWG to the final design report (limited to wetland mitigation habitat features and planting plan elements), the technical specifications (applicable sections of Divisions 8 and 9), and the construction cost estimate through 100% documents completion. 2.7 Task Management, City/Agency Coordination, and Meetings - SA will manage their assigned tasks and coordinate with MWG, the City, ACOE, Ecology, and WDFW representatives (on request of MWG) to achieve concurrence on the wetland mitigation habitat features and planting plan components. This is assumed to include up to three additional meetings (for SA) through design completion, including one meeting with local property owners. 3 Montgomery Water Group, Inc. Task 3—Wetland Hydrology Modeling Evaluation (MWG,MGS) This task includes additional MWG and MGS services for a final evaluation of wetland hydrology and hydroperiod needed for the Wetlands C through F mitigation plan. 3.1 HSPF Modeling Revisions for Wetland Mitigation Reach - MGS will re-calibrate the existing conditions HSPF hydrologic model in the wetland mitigation reach (Wetlands C through F) based on recent flow data and groundwater level measurements associated with the wetland borings and piezometer data. Infiltration loss rates will be adjusted to better reflect the higher documented losses of surface flow to groundwater(particularly in Wetlands D and E). Using the re-calibrated HSPF model, MGS will run another hydrologic simulation for proposed Cow Creek improvements, with and without the recommended wetland mitigation components. Statistical evaluation of key hydrologic results will be made to define benefits and potential effects of the proposed wetland mitigation. The existing findings report will be updated into a final form including responses to City/agency comments on the preliminary hydrology report. Task 4—Fisheries Habitat and Landscape Design Development(TWC) This task defines additional TWC fisheries habitat and landscape design services either previously completed or needed for project completion 4.1 Task Management, CitylAgency Coordination, and Meetings — This task includes incurred additional costs by TWC for additional meetings, field reconnaissance, and ongoing coordination with MWG, the City, ACOE, and WDFW representatives to achieve concurrence on the channel/ripanan corridor habitat features and planting plan components. Other supplemental work is assumed to also include two additional meetings through design completion. Task 5—Structural Design for Hydraulic Structures and Retaining Walls (MWG,SE) Structural engineering (SE) assistance is needed for selected cast-in-place hydraulic structures/retaining walls and footbridge crossings. These services were not included in the Phase 2 contracted scope since the number and type of hydraulic structures (stream crossings) and retaining walls were not fully defined at the time of scope development. 5.1 Hydraulic Structures Structural Design Assessment— MWG will meet with the selected structural engineering subconsultant (SE) to review the proposed hydraulic structures and retaining walls to define any needed adjustments to their type, size, or location. The SE will provide further assessment and will document structural design recommendations consistent with the 60% design drawings. 5.2 Structural Design Analysis for Cast-in-Place (CIP) Hydraulic Structures and Retaining Walls—The SE will conduct structural analysis of all CIP concrete structures as the basis for development of structural design drawings and specifications. Recommendations will also be made regarding use and type of architectural concrete veneers that may be applied i 4 Montgomery Water Group,Inc. with headwalls construction. The results of this work, including structures design criteria,will be summarized in a structural design memorandum. 5.3 Structural Engineering Drawings and Specifications, Cost Estimate Inputs—The SE will develop the structural design drawing sheets (detailed plans, sections, CIP concrete reinforcing and other metal works details) and specification Special Provisions (Division 6 and applicable sections of Division 9) at both the 90% and 100% completion levels. This will include response to City or agency review comments. Task 6—Additional Design Services (MWG) This task defines additional MWG design services beyond the contracted Phase 2 scope either previously completed or needed for project completion. It assumes that no significant changes in channel alignment or hydraulic structures location, size, etc. will be made from that represented on the 60% design drawings. Such changes that require appreciable revisions to the grading plan or other design elements will be considered as additional work in need of further contract amendment. 6.1 Additional Design Services Conducted for 60% Submittal — Additional design services (beyond contracted scope) completed with the 60%submittal have included: • Additional work for preparation of the surveyed base map in AutoCAD for design use due to inconsistencies in the surveyed base map topography and spot elevations (both identification and adjustment where adequate information existed); also, adjustments were made to assign elevations to and smooth contours. • Additional grading design associated with changes in channel alignment through Soos Creek Park in response to request by King County Parks (through the City) after initial grading plan was developed. • Design changes to the lake outlet zone improvements consistent with City Parks input including channel realignment and widening, removal of existing footbridge and addition of new footbridge/mower access, and providing surfacing for consistency with existing parks features. • Evaluation and design of a low flow splitter at the upstream end of the existing channel for hydrologic connection to the existing downstream channel connected to Wetlands C through F. • Design development, evaluation and preliminary design drawings for the Wetlands C through F mitigation area (3 acres), including review of liner alternatives and possible options for disposal of a portion of the excess excavation as part of the wetland mitigation proposal; design of a revised flow control from Wetland C to maximize hydrology benefit to Wetlands D through F. • Preliminary design layout for the four footbridge/utility access crossings including review/pricing of alternative pre-cast three-sided boxes (arch versus RCB) and wingwalls layout. • Assessment and addition of retaining wall as part of the lake outlet control hydraulic structure to provide slope retamage for the 152nd Way SE roadway embankment at the channel crossing. 5 Montgomery Water Group, Inc. • Preparation of an additional 15 sheets of 60%design drawings production beyond that assumed in original project scoping. • Additional design coordination and meetings with the City and subconsultants associated with the above design changes. 6.2 Prepare 90% and 100% Supplemental Design Drawings for Wetland Mitigation Area and Creek Crossing Improvements— In addition to preparation of 90% and 100% design drawings for project components included with the original scope, complete design development and prepare 90% and 100% design drawings for the Wetlands C through F mitigation area improvements and for the four proposed footbridge/utility access crossings of the relocated Cow Creek. Include revisions in response to the 60% and 90% City/agency design comments. This is currently expected to include an additional 10 sheets of drawings production (inclusive of civil and landscape sheets, structural design sheets will be prepared separately under Task 5.3). Prepare a 90% drawing set for forward for City/agency review. Prepare final printed 100% drawing set inclusive of the added improvements and response to 90%comments. . 6.3 Prepare 90% and 100% Supplemental Specification and Cost Estimate Inputs for S Wetland Mitigation Design and Creek Crossing Improvements — Prepare supplemental Special Provisions to the 90% and 100% technical specifications for the wetland mitigation design and the creek crossing improvements. Coordinate with the City and ACOE regarding measurement/payment items for those design elements considering the target contracting approach Prepare an updated quantity takeoff and update the construction cost estimate consistent with the 90% and 100% drawings inclusive of the added improvements. 64 Prepare Final Design Report Inclusive of Added Improvements — Prepare a final 100% design report summary that documents the project's improvements design critena and recommendations. Task 7—Additional Project Management, Coordination, Reviews, and Meetings (MWG) This task defines the additional project management, review, and coordination services associated with the added design services to successfully complete the project. 7.1 Project Management and Coordination — Provide project management and City/ACOE/project team coordination for the remaining duration of final design services. This will include ongoing coordination with City staff, agency staff(as agreed to by the City), and subconsultant staff regarding project activities, schedule/budget conformance, preparation of monthly invoices, status reports, and cost spreadsheets, along with other project management activities required for successful project execution. 7.2 Deliverable Document Reviews — Conduct senior review of deliverable documents including review and comment on subconsultant documents for consistency of reported findings with improvements final design. 7.3 Meetings—In addition to other task-specific meetings identified above, attend up to five additional meetings with City staff to provide periodic updates on design progress, coordinate on City and ACOE staff on project design elements, coordinate with other adjacent project designs (e.g., boat ramp access), and to review comments on documents submitted 6 Montgomery Water Group, Inc. Deliverable Products The deliverable products (five copies plus applicable electronic files unless otherwise noted) to be submitted for this supplemental work includes: 1. Update of the draft geotechnical report to include results of the additional geotechnical scope items evaluation for proposed channel crossings, retaining/wing walls, and the wetland mitigation area as the product of Task 1. This will include supplemental geotechnical design criteria for the identified project components. 2. Wetlands impact and mitigation report, wetland habitat and planting plan drawing markups, JARPA wetland inputs, and wetland nutigation specification and cost estimate inputs as the products of Task 2. 3. A revised HSPF hydrologic modeling summary report to update wetland hydrology as the product of Task 3. 4. Design drawing/specification components for stream/riparian corridor habitat and planting plans as the products of Task 4. 5. Structural components final design criteria and structural design drawings/specifications 1 for cast-in-place hydraulic structures and retaining walls as the products of Task 5 6. The 90% and 100% design drawing set, 90% and 100% specifications (Special Provisions and Amendments), and 90%and 100% cost estimate as products of Task 6. 7. Monthly invoices, status reports, cost spreadsheets, schedule updates, document review comments, and meeting agendas as the product of Task 7. Fee Estimate Table 1 summarizes the combined MWG and subconsultant fee estimate to complete the Amendment No. 2 services and deliverable products described above. Table 2 (attached) shows the detailed breakdown of estimated costs by firm and project team staff. Invoicing will be based on a time and reimbursable expense basis in accordance with the project team's 2005 billing rates shown in Table 3. A 5 percent service charge will apply to subconsultant services and to MWG reimbursable expenses. The estimated maximum fee of$117,400 for Amendment No. 2 services shown in Table 1 will not be exceeded without City of Kent authorization as may be associated with agreed-to changes in work scope or products. l 7 Montgomery Water Group, Inc. Table 1 Project Team Fee Estimate Summary Amendment No. 2—Additional Phase 2 Design Services Cow Creek Relocation/Restoration Total Estimated Hours Estimated Task Prime Sub- Fee Incl. Consultant Consultants Expenses 1 —Geotechnical Design Development GE 125 $141406 2—Wetlands Mitigation Design Development 356 $32,120 SA 3 - Wetland Hydrology Modeling Evaluation 39 $4,300 MGS 4—Fisheries Habitat and Landscape Design 36 $3,800 Development TWC 5—Structural Design for Hydraulic Structures 16 100 $11,860 and Retaining Walls MWG, SE allowance 6—Additional Design Services MWG 402 $40,630 7—Additional Project Management, 54 $7,010 Coordination, Reviews, Meetings (MWG) Amendment 2 Totals 472 656 $114,126 Service Charge on Subconsultants and MWG $3,271 If Expenses 5% Total $117,397 Rounded NTE Fee Estimate $117 400 Table 2 Project Team Fee Estimate Breakdown Amendment No.2—Additional Phase 2 Design Services Cow Creek Relocation/Restoration (See attached spreadsheet) Schedule The Amendment No. 2 services will be completed within a timeline mutually agreed to with the City of Kent staff. An updated project schedule will be developed for 2005 services in conjunction with City staff. MWG is ready to begin the additional services when directed by City staff. 8 Montgomery Water Group, Inc. Table 3 Year 2005 Billing Rate Schedule MWG Project Team Direct Personnel Expense Labor Reimbursable Expenses Rate 1 Montgomery Water Group Principal Engineer-in-Charge $135/hour Principal Engineer $125/hour Senior Project Manager $120/hour Senior Engineer $105/hour Project Engineer $90/hour Junior Engineer $85/hour Engineering Technician $85/hour Technical Writer $80/hour Office/Clerical $55/hour Subconsultants Varies,cost plus 5% Mileage Billed at the IRS mileage rate for privately-owned vehicles in effect at the time of travel Other Reimbursable Varies, cost plus 5% Expenses GeoEn ineers Principal $157/hour Senior En ineer/Geomo bolo ist $134/hour Project Geotechnical Engineer $116/hour Staff Engineer Level 3 $103/hour CADD Technician, Word Processor $68/hour Office/Clerical $53/hour The Watershed Company Principal $115/hour Senior Fisheries Biologist $I00/hour Landscape Architect $85/hour Environmental Permitting Specialist $80/hour S rin wood Associates Principal $100/hour Senior Wetlands Scientist $90/hour Office/Clerical $50/hour MGS Engineering Consultants Principal Hydrologist-in-Charge $120/hour Principal Hydrologist $110/hour (1) Labor rates are periodically adjusted 9 Montgomery Water Group, Inc. T. v M�ln_P Ya.S YPb�u1Tr]MY�n MAW Gw Cm�P�1e W nJN�Per�lls� µy plPwl i i Kent City Council Meeting Date May 3, 2005 Category Consent Calendar 1. SUBJECT: 116TH AVENUE SE (SE 277TH STREET CORRIDOR EXTENSION) CONSULTANT SERVICES AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign consultant services agreements for environmental engineering, geotechnical engineering, real property appraisal, property negotiation, preparation of traffic control plans and traffic signal engineering. This authorization is limited to consultant contracts only; construction bids for this project will not be awarded or contracted without separate council approval, 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director • Phone 253-856-5500 Fax: 253-856-6500 K E N T W A S H I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: April 18, 2005 TO: Public Works Committee FROM: Tim LaPorte THROUGH: Larry Blanchard SUBJECT: 116111 Avenue SE(S.2771h Street Corridor Extension) MOTION: Recommend authorizing the Mayor to sign consultant services agreements for environmental engineering, value engineering, geotechnical engineering, real property appraisal, property negotiation,preparation of traffic control plans and traffic signal engineering. SUMMARY: The 116`h Avenue Project has been on the City's Six-Year Transportation Improvement Plan for several years. The City has sought and successfully obtained a $1,945,200 grant from the Transportation Improvement Board. To complete the project within the timeframe specified by the grant agency the City will have an ambitious work program and will utilize an array of engineering consultants, appraisers and negotiators to enable the design to proceed unimpeded. After the consultants are selected following the applicable City policy and state law, approval of this motion would enable staff to enter into these contracts according to schedule,but only if within the established budgets and further subject to the Mayor's authorization. BUDGET IMPACT:No Unbudgeted Fiscal/Personnel Impact as a result of the contracts that would be authorized by this action. BACKGROUND: The timing of the project is dependent on a number of factors, including timeframes for when the grant money has to be spent. The City has traditionally hired the consultant experts in the areas listed above as we do not have in-house experts in those disciplines In programming ahead,having the authorization to hire the appropriate consultants needed in a timely fashion will save months of time at crucial points in the project design/planning stages and help enable the project to proceed toward construction on schedule. Construction contracts would be brought to the City Council for approval of award after a competitive bidding process. Mayor White and Kent City Council 1 iKent City Council Meeting Date May 3, 2005 Category Consent Calendar 1. SUBJECT: EMERGENCY MEDICAL SERVICES (EMS) PRE-HOSPITAL PARTICIPATION GRANT—ACCEPT 2. SUMMARY STATEMENT: Acceptance of the Emergency Medical Services (EMS) Pre-hospital Participation Grant in the amount of$1,290 from the State of Washington Department of Health, Office of Emergency Medical and Trauma Prevention and authorize the Mayor to sign the necessary agreements. The purpose of these grants is to assist with meeting the requirements to provide trauma care services to the public as a EMS and Trauma Pre-hospital service. This grant will be used to purchase suction units. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Safety Committee 4/21/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No _X If no: Unbudgeted Expense: Fund 10003600.63500.2700 Amount $1,290 Unbudgeted Revenue: Fund 10003600.53414 Amount$1,290 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F 1 Kent City Council Meeting Date May 3, 2005 Category Consent Calendar 1. SUBJECT: KING COUNTY OFFICE OF EMERGENCY MANAGEMENT GRANT—ACCEPT 2. SUMMARY STATEMENT: Acceptance of a grant received from King County Office of Emergency Management in the amount of$21,250 and authorize the Mayor to sign the grant agreement. The monies are to be used for reimbursement of funds used to purchase supplies for the coordination of the Kent Citizen Corps, Kent Emergency Management volunteers, CERT classes, and the purchase of CERT promotional items. i 3. EXHIBITS: Grant agreement and grant application proposal 4. RECOMMENDED BY: Public Safety Committee 4/21/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No-X If no: Unbudgeted Expense: Fund V00031.53319 Amount $21,250 Unbudgeted Revenue: Fund V00031.6xxxx.2150 Amount $21,250 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G jCitizen Corps FY 04 (grant# 9190-04) Kent Emergency Management Community Emergency Response Team (CERT) Program AGREEMENT King County and City of Kent; c/o, Division Chief Pat Pawlak I (Grant Source FFY2004) This Agreement is executed between King County by and through its Office of Emergency Management, and Kent Emergency Management, c/o Division Chief Pat Pawlak, a governmental organization located in the city of Kent, under the Kent Emergency Management CERT Program, and FFY 04 Citizen Corps Grant Program. INTRODUCTION Emergency preparedness education is critical to the overall ability of communities to respond effectively to disasters. Emergency management agencies need to involve all sectors of the community in preparedness education for overall outreach success to establish an educated and prepared citizenry. An overall mission for King County is to promote disaster resistant communities through excellence in service and partnerships. To that end, King County is partnering with Kent Emergency Management (a municipal organization) to provide CERT training to citizens, business representatives and school district staff. The program will involve conducting four sessions of CERT training, purchase of promotional items, implementing a volunteer program and improving the Kent Citizen Corps committee. PURPOSE jThis Agreement establishes the parameters by which Kent Emergency Management, c/o Division Chief Pat Pawlak, will complete the following projects: Project A: In conjunction with funding from the City of Kent and King County Fire Protection District#37, grant funding will be used to conduct four Community Emergency Response Team (CERT) training courses. Two courses will be offered during a Spring session, beginning March 3, 2005. And two courses will be offered during a Fall session, beginning September 14, 2005. i Kent Emergency Management will design and produce a CERT Field Guide. The Field Guide will highlight CERT principles with blank areas for documentation. The Field Guide will be distributed to individuals that are trained in 2005. The document will also be available, in electronic format, to other King County " 4/25/2005 _ _ Citizen Corps FY 04 (grant# 9190-04) , Kent Emergency Management Community Emergency Response Team (CERT) Program jurisdictions that wish to produce it for their CERT trained citizens. Funds from this grant will also be used to purchase miscellaneous supplies required to conduct training sessions. (example: coffee, drinks, paper supplies, triage tape, masking tape, duct tape, bandages, moulage makeup, paper, markers, laminating, medical gloves, film and developing). Under a proposal submitted on behalf of the King County CERT work group, each CERT trained individual will be assigned a "CERT kit." In an effort to assist newly trained CERT graduates with creating their disaster supply kit, drawings will be held during each CERT class. Students, who win the drawing, will be assigned one of the following; write-in-the-rain notebook, flashlight, lighted whistles or water bottle, all branded with Citizen Corps or CERT logos. Project B: With funds received from this grant, Kent Emergency Management will enhance public awareness/outreach activities that encourage personal preparedness and participation in Community Emergency Response Team (CERT) training. In July, Kent Emergency Management is scheduled to participate in two summer community events; Kent Cornucopia Days and City of Covington Days. Grant funding will be used to improve display booth and incorporate Citizen Corps elements. Citizens attending the fairs will have an opportunity to learn more about Citizen Corps and the CERT program. Citizens attending the summer fairs are residents of various King County jurisdictions. The recruitment effort at both of the fairs would benefit almost all King County jurisdictions that provide the CERT training and appropriate contact information will be available. During both of these events, Emergency Management will hand out small personal bandage kits that are imprinted with the Kent CERT logo. The CERT program will also be promoted in the Covington Days parade. Grant funds will be used to purchase a large vinyl sign that displays the Kent CERT logo and the Citizen Corps logo. Grant funds will also be used to produce a brochure describing Kent Citizen Corps programs. In an effort to make training sites more visible, grant funding will be used to purchase a sandwich board type sign. The sign would be placed in front of training sites during training sessions. This would also encourage other citizens to participate in future training. Funding from this grant will also be used to conduct a campaign that encourages area businesses to participate in CERT training and other disaster preparedness activities that enhance business continuity. Kent Emergency Management, in cooperation with City of Kent Multi-media Division, will design and produce a calendar containing information about CERT training and disaster preparedness activities important to 4125/2005 -2- Citizen Corps FY 04 (grant# 9190-04) Kent Emergency Management Community Emergency Response Team (CERT) Program businesses. An electronic copy of the calendar will be made available to other King County jurisdictions offering a qualifying CERT program. Project C: With previous grant funds, a temporary employee hired by Kent Emergency Management developed the framework for a Kent Emergency Management Volunteer Program. Current grant funds from this proposal will be used to implement the Emergency Management Volunteer Program in the City of Kent. This program will be available to all citizens living/working in the Kent Fire Department's response area (Cities of Kent and Covington and King County Fire Protection District #37). Once established as a volunteer, individuals will assist current Emergency Management staff with various programs and projects, specifically Community Emergency Response Team training sessions. The implementation of this program will give citizens an opportunity to participate in all areas of Emergency Management; mitigation, preparedness, response and recovery. iPrior to becoming a Kent Emergency Management Volunteer, citizens will be required to pass a screening process that includes a background and driving record check. Volunteers will be issued a City of Kent identification badge produced by Kent Employee Services and a badge holder and/or lanyard. In an effort to retain and motivate volunteers recognition items will be given at established milestones. Volunteers will need to familiarize themselves with Emergency Management principles and Kent Emergency Management procedures and policies. With funds from this grant, 1 current Kent Emergency Management staff will develop and produce a Volunteer Training Manual. A documentation system will be developed and maintained to track volunteer proficiencies. Project D: Funds from this grant will be used to enhance the Citizen Corps Committee in the City of Kent. In 2005, Kent Emergency Management will host 4 Citizen Corps meetings. Participants will include staff from Kent Emergency Management, Kent Police Department, area business representatives, School District representatives and Kent citizens. The City of Kent currently offers three of the five Citizen Corp programs; Community Emergency Response Team (CERT) training, Neighborhood Watch and Volunteers in Police Services (VIPS). This Committee will work to form a cooperative effort between the three programs and implement additional Citizen Corps programs. At the first meeting, committee member will receive a notebook to organize Committee materials and refreshments will be available at every meeting. At the last meeting, the committee will establish a list of goals for 2006. Additionally, Kent Emergency Management will present each participant with a token of appreciation. 4/25/2005 -3- Citizen Corps FY 04 (grant # 9190-04) Kent Emergency Management Community Emergency Response Team (CERT) Program Under this proposal, Kent Emergency Management will hire an intern to enhance the current website to include updated information about Kent Citizen Corps programs. RESPONSIBILITIES With this agreement, Kent Emergency Management (c/o Division Chief Pat Pawlak) agrees to the following terms and conditions for. A. Completing the projects described above. B. Use of the reporting and invoicing procedures for the grant as specified by King County. A. Program Deliverables The Kent CERT grant program will be effective January 1, 2005, through October 31, 2005. Under this grant program Kent Emergency Management (c/o Division Chief Pat Pawlak) will: • Serve the City of Kent, Covington and King County Fire Protection District 37 in King County; • Project A Conduct Spring Session Conduct Fall Session Design and produce CERT Field Guide Purchase supplies • Project B Purchase display booth materials Design and purchase signs Design and produce brochures Design, produce and distribute Calendars • Project C Develop Kent Emergency Management Volunteer Training Manual Purchase recognition items Conduct background checks • Project D Conduct four Kent Citizen Corps meetings Purchase refreshments for each meeting Purchase notebooks Purchase thank you items Hire intern to enhance web site • Provide an activity report quarterly; starting June 30, through October 31st, 2005 ; 4/25/2005 -4- Citizen Corps FY 04 (grant# 9190-04) Kent Emergency Management Community Emergency Response Team (CERT) Program • Keep Office of Emergency Management Project Manager apprised of activities via meetings, emails and phone calls; Maintain contact with King County OEM staff contact as needed to present challenges or obstacles in completing the scope of work; Submit a final report with the completion of the project and will detail performance, problems, challenges, special initiatives to overcome, best practices, and final tallies of the project. Keep all records for transaction in the completion of the scope of work for a period not less than six years and will avail these to grant auditors as requested. King County will perform as the administrative agency for the FFY 2004 grant and will monitor the progress of the program and the deliverables for the grant. The grant of 21,250 will be delivered in reimbursable increments. Kent Emergency Management will invoice King County for contractor support, staffing costs, and supplies expended in the performance of the grant. King County OEM staff will be available to consult on meeting deadlines, removing obstacles, and completing the scope of work. PROGRAM CONTACTS: King County Office of Emergency Kent Emergency Management Management Kimberly Resor Timothy E. Doyle, Project Manager III 24611 116 Avenue SE 3511 NE 2"d Street Kent, WA 98030 Renton, WA 98056 Telephone: (253) 856-4343 1 Telephone: (206) 205-4071 E-mail: kresor@ci.kent.wa.us Facsimile: (206) 205-4056 E-mail: timothy.doyle(a-)metrokc.ciov IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: King County City of Kent BY Director Mayor Date Date 4/25/2005 -5- FY04 CITIZEN CORP PROGRAM GRANT APPLICATION DATE: Kimberly Resor—Program Coordinator Kent Emergency Management POINT OF CONTACT (Title&Information) 24611 116 Ave SEKent WA 98030 (253)856-4343 AGENCY OR GROUP: Kent Fire/Emergency Management PROJECT NAME: Implement Kent Emergency Management Volunteer Program COMPONENT GROUP: (Check one) C.E.R.T. _X— VIPS _ MRC FIRECORP NEIGHBORHOOD WATCH ARE YOU A MEMBER OF A REGISTERED CITIZEN CORPS YES X NO COUNCIL: NAME OF CCC: King County Citizen Corps IS THIS A NEW OR EXISTING NEW EXISTING PROGRAM: YES_X NO DOES THIS PROGRAM HAVE A Please describe: We receive funding from CURRENT FUNDING SOURCE? the City of Kent and King County Fire Distnct# 37 WHAT GOAL OF THE STATE "To improve statewide emergency HOMELAND SECURITY STRATEGIC preparedness and readiness" PLAN DOES THIS ADDRESS? 4/25/2005 i Regional Theme VII: Goal C "Make the WHAT GOAL OF THE REGION 6 public aware of hazards and risks and equip HOMELAND SECURITY STRATEGIC them with the education and information PLAN DOES THIS ADDRESS? necessary to assure self-reliance and personal safety. Recruitment for the Kent Emergency Management Volunteer program will be targeted at CERT graduates. The implementation of this program will give citizens an opportunity to participate in all DESCRIBE HOW YOU ARE areas of Emergency Management; IMPLEMENTING THE PROGRAM AT mitigation,preparedness, response and THE COMMUNITY LEVEL recovery. ESTIMATE POPULATION SERVED 130,000 LOCAL X MULTI-JURISDICTIONAL BREADTH OF PROJECT: (Check One) REGIONAL OTHER: (describe) t i 4/25/2005 Grant Category:(Check all letters that apply within a category) L PLANNING: a. collecting information on existing resources and volunteer activities within the community: b. meetings of the Citizen Corps Council and other community stakeholders: C. a system to track activities and participants: d. website maintenance: e. travel expenses for staff and/or volunteers to attend meeting or training sessions: f. survey methodologies to assess citizen preparedness, training, and volunteerism: g. hiring of full or part-time staff or contractors/consultants to assist with any of the above activities: h. conducting local or regional program implementation meetings. II. PUBLIC OUTREACI /OUTREACH COSTS: a. Public Safety announcements b. Printed advertisement C. Billboards d. Promotional flyers e. Booth displays f. Conference backdrops g. Podium signs h. Recognition pieces for Citizen Corps partners i. Recognition for special commendation in support of the mission j. Informational buttons, pins, key chains, and magnets. k. Publications,posters, buck slips; and other materials that either encourage the public to participate, educate the public, or recognize partners III. TRAINING/EXERCISE/EQUIPMENT COSTS: a. Instructor preparation and delivery time b. Hiring of full or part-time staff or contractors/consultants to assist with conducting the training and/or managing the administrative aspects of conducting the training. C. Creation and maintenance of a student database. d. Rental of training facilities e. Printing course materials to include instructor guides, student manuals, brochures, certificates, handouts, newsletters and postage. f. Course materials specific to the subject matter, such as bandages, gloves, fire extinguishers, mannequins g. Outfitting CERT members with a hard hat, safety vest, eye protection, and gloves. h. Personal protective equipment for volunteer responders i. Equipment related to specific training or volunteer assignments 4/25/2005 IV. VOLUNTEER PROGRAMS COSTS: a. -X=Recruiting b. X Screenmg/assessing C. _X_Training d. =X=Retaining/motivatinge. X Recognizing f. Evaluating g. Cost benefit analysis h. Evaluate program and resource sharing i. Hiring of full or part-time staff or contractors/consultants to assist with 1 evaluations. Scope of Work (Use additional sheets as needed) With previous grant funds, a temporary employee hired by Kent Emergency Management developed the framework for a Kent Emergency Management Volunteer Program. Grant funds from this proposal will be used to implement the Emergency Management Volunteer Program in the City of Kent. This program will be available to all citizens living/working in the Kent Fire Department's response area(Cities of Kent and Covington and King County Fire Protection District #37). Once established as a volunteer, individuals will assist current Emergency Management staff with various programs and projects, specifically Community Emergency Response Team training sessions. The implementation of this program will give citizens an opportunity to participate in all areas of Emergency Management; mitigation, preparedness, response and recovery. Prior to becoming an Kent Emergency Management Volunteer, citizens will be required to pass a screening process that includes a background and driving record check. Volunteers will be issued a City of Kent identification badge produced by Kent Employee Services and a badge holder and/or lanyard. In an effort to retain and motive volunteers recognition items will be given at established milestones. Volunteers will need to familiarize themselves with Emergency Management principles and Kent Emergency Management procedures and policies With funds from this grant, current Kent Emergency Management staff will develop and produce a Volunteer Training Manual. A documentation system will be developed and maintained to track volunteer proficiencies. 4/25/2005 Project Timelines: COMPLETION ACTIVITY/PRODUCT DATE Research Kent Emergency Management Training Manual content May 2005 Develop Kent Emergency Management Training Manual June 2005 Produce copies of Kent Emergency Management Training Manual July 2005 Order Recognition Items, badge holders and lanyards April 2005 Conduct background checks As needed i t t t 1 1 4/25/2005 } Budget Sheet: ITEM COST Salaries & Benefits $ 0 Overtime wages (Includes salary&benefits) $0 Travel & Per Diem $0 Goods & Services (Includes printing,postage, etc ) $ 1500.00 Recognition Items,badge holders,background checks and supplies for volunteer j trannng manual. Equipment Costs (Off the ODP approved list) $0 Facility Rental $0 Contractor/Consultant (Not on Excluded Parties List) $0 Other (Please specify) $0 TOTAL REIMBURSEMENT COSTS $ 1500.00 • Expenditures may only occur within the approved category listed above. However up to 10% of the total may be shifted between approved items. • DOJ Grant program requirements affirm that federal funds will be used to supplement existing fund, and will not replace (supplant) funds that have been appropriated for the same purpose. l 1 1 i 1 i 1 4/25/2005 FY04 CITIZEN CORP PROGRAM GRANT APPLICATION DATE: Kimberly Resor—Program Coordinator Kent Emergency Management POINT OF CONTACT (Title24611 116 Ave SE&Information) Kent WA 98030 (253) 856-4343 AGENCY OR GROUP: Kent Fire/Emergency Management PROJECT NAME: Enhance Public Outreach Activities COMPONENT GROUP: (Check one) C.E.R.T. _X_ VIPS _ MRC_ FIRECORP_ NEIGHBORHOOD WATCH ARE YOU A MEMBER OF A — REGISTERED CITIZEN CORPS YES X NO COUNCIL: NAME OF CCC: King County Citizen Corps j IS THIS A NEW OR EXISTING NEW EXISTING X PROGRAM: YES_X NO j DOES THIS PROGRAM HAVE A Please describe: We receive funding from CURRENT FUNDING SOURCE? the City of Kent and King County Fire District# 37 WHAT GOAL OF THE STATE "To improve statewide emergency HOMELAND SECURITY STRATEGIC preparedness and readiness" PLAN DOES THIS ADDRESS? 4/25/2005 I Regional Theme VII: Goal C "Make the WHAT GOAL OF THE REGION 6 public aware of hazards and risks and equip HOMELAND SECURITY STRATEGIC them with the education and information PLAN DOES THIS ADDRESS? necessary to assure self-reliance and personal safety. The public outreach activities will encourage citizens to take the CERT training and to be involved in other Citizen Corps programs. The outreach effort will also promote the CERT program to local DESCRIBE HOW YOU ARE businesses as a valuable component of IMPLEMENTING THE PROGRAM AT business continuity. THE COMMUNITY LEVEL f ESTIMATE POPULATION SERVED 550,000 LOCAL IMULTI-JURISDICTIONAL BREADTH OF PROJECT: (Check One) REGIONAL X_ OTHER: (describe) 4/25/2005 Grant Category:(Check all letters that apply within a category) I. PLANNING: a. collecting information on existing resources and volunteer activities within the community: b. meetings of the Citizen Corps Council and other community stakeholders: C. a system to track activities and participants: d. website maintenance: e. travel expenses for staff and/or volunteers to attend meeting or training sessions: f. survey methodologies to assess citizen preparedness, training, and volunteerism: g. hiring of full or part-time staff or contractors/consultants to assist with any , of the above activities: h. conducting local or regional program implementation meetings. II. PUBLIC OUTREACH/OUTREACH COSTS: a. Public Safety announcements b. Printed advertisement C. Billboards d. _X_Promotional flyers e. X_Booth displays f. Conference backdrops g. Podium signs h. Recognition pieces for Citizen Corps partners i. Recognition for special commendation in support of the mission j. _X Informational buttons, pins, key chains, and magnets. k. Publications, posters, buck slips; and other materials that either encourage the public to participate, educate the public, or recognize partners III. TRAINING/EXERCISE /EQUIPMENT COSTS: a. Instructor preparation and delivery time b. Hiring of full or part-time staff or contractors/consultants to assist with conducting the training and/or managing the administrative aspects of conducting the training. C. Creation and maintenance of a student database. d. Rental of training facilities e. Printing course materials to include instructor guides, student manuals, brochures, certificates, handouts, newsletters and postage. f. Course materials specific to the subject matter, such as bandages, gloves, fire extinguishers, mannequins g. Outfitting CERT members with a bard hat, safety vest, eye protection, and gloves. h. Personal protective equipment for volunteer responders i. Equipment related to specific training or volunteer assignments 4/25/2005 1 IV. VOLUNTEER PROGRAMS COSTS: a. Recruiting b. Screening/assessing C. Training d. Retaining/motivating e. Recognizing f. Evaluating I g. Cost benefit analysis h. Evaluate program and resource sharing i. Hiring of full or part-time staff or contractors/consultants to assist with evaluations. Scope of Work (Use addinonal sheets as needed) With funds received from this grant, Kent Emergency Management will enhance public awareness/outreach activities that encourage personal preparedness and participation in Community Emergency Response Team (CERT) training. In July, Kent Emergency Management is scheduled to participate in two summer community events; Kent Cornucopia Days and City of Covington Days. Grant funding will be used to improve display booth and incorporate Citizen Corps elements. Citizens attending the fairs will have an opportunity to learn more about Citizen Corps and the CERT program. Citizens attending the summer fairs are residence of various King County jurisdictions. The recruitment effort at both of the fairs would benefit almost all King County jurisdictions that provide the CERT training and appropriate contact information will be available. During both of these events, Emergency Management will hand out small personal bandage kits that are imprinted with the Kent CERT logo. The CERT program will also be promoted in the Covington Days parade. Grant funds will be used to purchase a large vinyl sign that displays the Kent CERT logo and the Citizen Corps logo. Grant funds will also be used to produce a brochure describing Kent Citizen Corps programs. In an effort to make training sites more visible, grant funding will be used to purchase a sandwich board type sign. The sign would be placed in front of training sights during training sessions. This would also encourage other citizens to participate in future training. Funding from this grant will also be used to conduct a campaign that encourages area businesses to participate in CERT training and other disaster preparedness activities that enhance business continuity. Kent Emergency Management, in cooperation with City of Kent Multi-media Department,will design and produce a calendar containing information about CERT training and disaster preparedness activities important to businesses. An electronic copy of the calendar will be made available to other King County jurisdictions offering a qualifying CERT program. 4/25/2005 Project Timelines: COMPLETION ACTIVITY/PRODUCT DATE Purchase display booth materials May Design and purchase signs May Design and produce brochures May Design Calendar March i Complete Calendar production July Distribute Calendars August I l 1 1 t 1 4/25/2005 Budget Sheet: ITEM COST Salaries & Benefits $ 0 Overtime Wages (Includes salary &,benefits) $0 Travel & Per Diem $0 1 Goods & Services (Includes printing,postage, etc ) $14,000 Booth Supplies(folding table with throw,parade sign,bandage kits) Brochure Calendar Tramirig sight sign Equipment Costs (Off the ODP approved list) $0 I Facility Rental $0 Contractor/Consultant (Not on Excluded Parties List) $0 Other (Please spec) $0 TOTAL REIMBURSEMENT COSTS $149000 • Expenditures may only occur within the approved category listed above.However up to 10% of the total may be shifted between approved items. • DOJ Grant program requirements affirm that federal funds will be used to supplement existing fund, and will not replace (supplant) funds that have been appropriated for the same purpose. a r i i j4/25/2005 FY04 CITIZEN CORP PROGRAM GRANT APPLICATION DATE: Kimberly Resor—Program Coordinator Kent Emergency Management POINT OF CONTACT 24611 116 Ave SE (Title&Informatron) Kent WA 98030 (253) 856-4343 AGENCY OR GROUP: Kent Fire/Emergency Management PROJECT NAME: Enhance Citizen Corps Committee C E.R.T. _X_ VIPS _ MRC COMPONENT GROUP: (Check one) FIRECORP_ NEIGHBORHOOD WATCH_ *This proposal incorporates all Citizen Corps programs currently offered to Kent ARE YOU A MEMBER OF A — REGISTERED CITIZEN CORPS YES X NO COUNCIL: NAME OF CCC: King County Citizen Corps t IS THIS A NEW OR EXISTING NEW EXISTING PROGRAM: YES X_ NO Please describe: DOES THIS PROGRAM HAVE A We receive funds from the City of Kent CURRENT FUNDING SOURCE? and King County Fire Protection District #37. 4/25/2005 I iWHAT GOAL OF THE STATE "To improve statewide emergency HOMELAND SECURITY STRATEGIC preparedness and readiness" PLAN DOES THIS ADDRESS? Regional Theme VII: Goal C "Make the WHAT GOAL OF THE REGION 6 public aware of hazards and risks and equip HOMELAND SECURITY STRATEGIC them with the education and information 1 PLAN DOES THIS ADDRESS? necessary to assure self-reliance and personal safety. Enhancing the City of Kent's Citizen Corp Committee will strengthen the three existing programs; Neighborhood Watch, Volunteers in Police Services (VIPS) and Community Emergency Response Team DESCRIBE HOW YOU ARE (CERT). The committee will also seek to IMPLEMENTING THE PROGRAM AT establish other Citizen Corps programs. THE COMMUNITY LEVEL Council members will include: ■ Citizens ■ School District representatives ■ Local business representatives ' ■ Kent Police Department staff ■ Kent Emergency Management staff IESTIMATE POPULATION SERVED 130,000 LOCAL MULTI-JURISDICTIONAL 1 BREADTH OF PROJECT: (Check One) REGIONAL jOTHER: (describe) 4/25/2005 Grant Category:(Check all letters that apply within a category) I. PLANNING: a. collecting information on existing resources and volunteer activities within the community: b. _X_meetings of the Citizen Corps Council and other community stakeholders: C. _a system to track activities and participants: d. _X website maintenance: e. travel expenses for staff and/or volunteers to attend meeting or training sessions: f. survey methodologies to assess citizen preparedness, training, and volunteerism: g. hiring of full or part-time staff or contractors/consultants to assist with any of the above activities: h. conducting local or regional program implementation meetings. II. PUBLIC OUTREACH/OUTREACH COSTS: a. Public Safety announcements b. Printed advertisement C. Billboards d. Promotional flyers e. Booth displays , f. Conference backdrops g. Podium signs h. Recognition pieces for Citizen Corps partners i. Recognition for special commendation in support of the mission j. Informational buttons, pins, key chains, and magnets. k. Publications, posters, buck slips; and other materials that either encourage the public to participate, educate the public, or recognize partners III. TRAINING/EXERCISE / EQUIPMENT COSTS: a. Instructor preparation and delivery time b. Hiring of full or part-time staff or contractors/consultants to assist with conducting the training and/or managing the administrative aspects of conducting the training. C. Creation and maintenance of a student database. d. Rental of training facilities e. Printing course materials to include instructor guides, student manuals, brochures, certificates, handouts, newsletters and postage. f. Course materials specific to the subject matter, such as bandages, gloves, fire extinguishers,mannequins g. Outfitting CERT members with a hard hat, safety vest, eye protection, and gloves. h. Personal protective equipment for volunteer responders i. Equipment related to specific training or volunteer assignments 4/25/2005 i IV. VOLUNTEER PROGRAMS COSTS: I a. Recruiting b. Screening/assessing C. Training d. Retaining/motivating e. Recognizing f. Evaluating g. Cost benefit analysis h. Evaluate program and resource sharing i. Hiring of full or part-time staff or contractors/consultants to assist with ' evaluations. Scope of Work (Use additional sheets as needed) Funds from this grant request will be used to enhance the Citizen Corps Committee in the City of Kent. In 2005, Kent Emergency Management will host 4 Citizen Corps meetings. Participants will include staff from Kent Emergency Management, Kent Police Department, area business representatives, School Distnct representatives and Kent citizens. The City of Kent currently offers three of the five Citizen Corp programs; Community Emergency Response Team (CERT) training, Neighborhood Watch and Volunteers in Police Services (VIPS). This Committee will work to form a cooperative effort between the three programs and implement additional Citizen Corps programs. At the first meeting, committee member will receive a notebook to organize Committee ' materials and refreshments will be available at every meeting. At the last meeting, the committee will establish a list of goals for 2006. Additionally, Kent Emergency Management will present each participant with a token of appreciation. Under this proposal, Kent Emergency Management will hire a intern to enhance the current website to include updated information about Kent Citizen Corps programs. 4/25/2005 Project Timelines: COMPLETION i ACTIVITY/PRODUCT DATE Conduct 4 meetings Throughout year Purchase refreshments Pnor to meetings Purchase notebooks March Purchase "thank yous" September i i j 1 1 4/25/2005 Budget Sheet: ITEM COST Salaries & Benefits $ 0 Overtime Wages (Includes salary&benefits) $0 Travel & Per Diem $0 1 Goods & Services (Includes printing,postage, etc.) $950 Notebooks and supplies Refreshments Thank yous Equipment Costs (Offthe ODP approved list) $0 Facility Rental $0 Contractor/Consultant (Not on Excluded Parties List) $25500 Other (Please specify) $0 TOTAL REIMBURSEMENT COSTS $39450 • Expenditures may only occur within the approved category listed above. However up to 10% of the total may be shifted between approved items. • DOJ Grant program requirements affirm that federal funds will be used to supplement existing fund, and will not replace (supplant) funds that have been appropriated for the same purpose. i 1 1 I 4/25/2005 r r FY04 CITIZEN CORP PROGRAM GRANT APPLICATION DATE: Kimberly Resor—Program Coordinator Kent Emergency Management POINT OF CONTACT (Title&Information) 24611 116 Ave SEKent WA 98030 (253) 856-4343 AGENCY OR GROUP: Kent Fire/Emergency Management ' 1 PROJECT NAME: Conduct CERT Training COMPONENT GROUP: (Check one) C.E.R.T.—X— VIPS _ MRC_ FIRECORP NEIGHBORHOOD WATCH ARE YOU A MEMBER OF A REGISTERED CITIZEN CORPS YES_X NO COUNCIL: NAME OF CCC: King County Citizen Corps IS THIS A NEW OR EXISTING NEW EXISTING_X ' PROGRAM: YES _X NO t DOES THIS PROGRAM HAVE A Please describe: We receive funding from CURRENT FUNDING SOURCE? the City of Kent and King County Fire Protection District # 37 WHAT GOAL OF THE STATE "To improve statewide emergency t HOMELAND SECURITY STRATEGIC preparedness and readiness" PLAN DOES THIS ADDRESS? 4/25/2005 Regional Theme VII: Goal C "Make the WHAT GOAL OF THE REGION 6 public aware of hazards and risks and equip HOMELAND SECURITY STRATEGIC them with the education and information PLAN DOES THIS ADDRESS? necessary to assure self-reliance and personal safety. In 2005, Kent Emergency Management 1 will conduct four Community Emergency Response Team(CERT) training courses. The following members of the community ' will have the opportunity to attend: DESCRIBE HOW YOU ARE ■ Citizens IMPLEMENTING THE PROGRAM AT ■ School District staff I THE COMMUNITY LEVEL • Business Representatives ■ Kent City Employees • Covington City Employees 1 ESTIMATE POPULATION SERVED 130,000 LOCAL_X_ ' MULTI-JURISDICTIONAL BREADTH OF PROJECT: (Check One) REGIONAL OTHER: (describe) j4/25/2005 Grant Category:(Check all letters that apply within a category) I. PLANNING: a. collecting information on existing resources and volunteer activities within the community: b. meetings of the Citizen Corps Council and other community stakeholders: C. a system to track activities and participants: d. website maintenance: C. travel expenses for staff and/or volunteers to attend meeting or training sessions: ' f. survey methodologies to assess citizen preparedness, training, and volunteerism: g. hiring of full or part-time staff or contractors/consultants to assist with any , of the above activities: h. conducting local or regional program implementation meetings. II. PUBLIC OUTREACH/OUTREACH COSTS: a. Public Safety announcements b. Printed advertisement C. Billboards d. Promotional flyers e. Booth displays f. Conference backdrops g. Podium signs h. Recognition pieces for Citizen Corps partners i. Recognition for special commendation in support of the mission j. Informational buttons, pins,key chains, and magnets. k. Publications, posters, buck slips; and other materials that either encourage the public to participate, educate the public, or recognize partners III. TRAINING/EXERCISE /EQUIPMENT COSTS: a. X_Instructor preparation and delivery time b. Hinng of full or part-time staff or contractors/consultants to assist with conducting the training and/or managing the administrative aspects of conducting the training. C. X Creation and maintenance of a student database. d. Rental of training facilities e. Printing course materials to include instructor guides, student manuals, brochures, certificates, handouts,newsletters and postage. f. X_Course materials specific to the subject matter, such as bandages, gloves, fire extinguishers, mannequins g. Outfitting CERT members with a hard hat, safety vest, eye protection, and gloves. h. Personal protective equipment for volunteer responders i. Equipment related to specific training or volunteer assignments 4/25/2005 , IV. VOLUNTEER PROGRAMS COSTS: ' a. Recruiting b. Screening/assessing C. Training d. Retaining/motivating e. Recognizing f. Evaluating ' g. Cost benefit analysis h. Evaluate program and resource sharing i. Hiring of full or part-time staff or contractors/consultants to assist with evaluations. ' Scope of Work (Use additional sheets as needed) In conjunction with funding from the City of Kent and King County Fire Protection District #37, grant funding from this proposal will be used to conduct four Community ' Emergency Response Team (CERT) training courses. Two courses will be offered during a Spring session, beginning March 3`d'2005. And two courses will be offered during a Fall session, beginning September 141h, 2005. Funds received from this grant will be used for current Emergency Management Program Coordinator preparation and delivery time and delivery time of other instructors. 1 Under this proposal, Kent Emergency Management will design and produce a CERT Field Guide. The Field Guide will highlight CERT principles with blank areas for 1 documentation. The Field Guide will be distributed to individuals that are trained in 2005. The document will also be available, in electronic format, to other King County jurisdictions that wish to produce it for their CERT trained citizens. ' Funds from this grant will also be used to purchase miscellaneous supplies required to conduct training sessions. (example. coffee, drinks, paper supplies, triage tape, masking ' tape, duct tape,bandages, moulage makeup,paper, markers, laminating, medical gloves, film and developing). Under a proposal submitted on behalf of the King County CERT work group, each CERT trained individual will be assigned a"CERT kit." In an effort to assist newly trained CERT graduates with creating their disaster supply kit, drawings will be held during each CERT class. Students who win the drawing, will be assigned one of the following; write- in-the-rain notebook, flashlight, lighted whistle or water bottle. 4/25/2005 Project Timelines: ' COMPLETION ACTIVITY/PRODUCT DATE Conduct Spring Session March-.April Conduct Fall Session Sept.-Oct. Design and produce CERT Field Guide June Purchase Misc. supplies As needed Purchase additional CERT kit supplies March , r f i t 1 4/25/2005 ' Budget Sheet: ITEM COST Salaries & Benefit $ 0 Program Coordinator preparation&delivery time Instructor time ' Overtime Wages (Includes salary&benefits) $0 Travel & Per Diem $0 Goods & Services (Includes printing,postage, etc ) $29300 Supplies Development&production of Field Guide Additional CERT kit supplies Equipment Costs (Offthe ODP approved list) $0 ' Facility Rental $0 Contractor/Consultant (Not on Excluded Parties List) $0 Other (Please specify) $0 TOTAL REIMBURSEMENT COSTS $ 29300 • Expenditures may only occur within the approved category listed above. However up ' to 10% of the total may be shifted between approved items. • DOJ Grant program requirements affirm that federal funds will be used to supplement existing fund, and will not replace (supplant) funds that have been appropriated for the same purpose. ' 4/25/2005 Kent City Council Meeting Date May 3, 2005 Category Consent Calendar 1. SUBJECT: STATE HOMELAND SECURITY OFFICE OF DOMESTIC PREPAREDNESS GRANT—ACCEPT ' 2. SUMMARY STATEMENT: Acceptance of the State Homeland Security Office of ' Domestic Preparedness Grant in the amount of S40,000 and authorize the Mayor to sign the grant agreement. ' An overall mission for King County is to promote disaster resistant communities through excellence in service and partnerships. To that end, King County is partnering with Kent Emergency Management to directly engage with other approved CERT providers in disaster preparedness on a region-wide basis. These funds will be used to purchase CERT Kits that will be issued to jurisdictions offering approved CERT Programs and to citizens who complete an approved CERT Course. 3. EXHIBITS: Grant #9190-04 Agreement 4. RECOMMENDED BY: Public Safety Committee 4/21/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund V00029.53319 Amount $40,000 Unbudgeted Revenue: Fund V00029.6xxxx.21 50 Amount S40,000 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: 1 ACTION: Council Agenda Item No. 6H Citizen Corps FY 04 (grant# 9190-04) CERT Kit Bulk Buy ' AGREEMENT King County and the City of Kent;[c/o, Division Chief Pat Pawlak] (Grant Source FFY 2004) This Agreement is executed between King County by and through its Office of ' Emergency Management, and Kent Emergency Management, c/o Division Chief Pat Pawlak, a government organization located in the city of Kent, under the FFY 04 CERT Kit Bulk Buy . INTRODUCTION Emergency preparedness education is critical to the overall ability of communities to respond effectively to disasters Emergency management agencies need to involve all sectors of the community in preparedness education for overall outreach success to establish an educated and prepared citizenry. ' An overall mission for King County is to promote disaster resistant communities through excellence in service and partnerships. To that end, King County is partnering with Kent Emergency Management (a municipal organization) in King County to directly engage with other approved CERT providers in disaster preparedness on a region-wide basis. The program will involve the purchase of CERT Kits to be issued to citizen who complete an approved CERT course, maintaining an inventory of the supplies and ' record keeping. PURPOSE ' This Agreement establishes the parameters by which Kent Emergency Management, c/o Division Chief Pat Pawlak, will perform the following: tWith funds received, a method of universal identification for all CERT trained individuals throughout King County will be implemented. This will allow mteroperability of individuals who receive CERT trammg at different jurisdictions The King County Citizen Corps Steering Committee authorized S40,000 to provide CERT programs within King County with supplies identified by the CERT workgroup. For the purposes of this proposal,qualifying programs are ' defined as programs which teach the entire eight-week CERT curriculum as outlined by the Federal Emergency Management Agency(FEMA). The CERT workgroup has identified a list of standardized supplies that will be purchased though this grant. The supplies identified by this proposal will be known as a"CERT kit." A CERT kit consists of: Green Ratchetmg Helmet ■ Helmet Chin Strap ' 2 Goggles date Page_ Citizen Corps FY 04 (grant # 9190-04) ' CERT Kit Bulk Buy • Dust Mask ' ■ Whistle ■ Latex Gloves ' ■ Student Manual ■ Two Helmet Stickers ■ CERT Patch Jurisdictions that teach the qualified CERT curriculum are entitled to one(1) CERT kit for each student trained during 2005. CERT trained individuals will not be given a kit,but rather be assigned a kit to use while actively involved in a CERT program in King County Should an individual separate from the program they are required to ' return the supplies to the training junsdiction City of Kent Emergency Management will be the point of contact for this grant request for$40,000. For the ' purposes of this proposal,the date at which the City of Kent receives the completed contract from King County Office of Emergency Management shall be referred to as the"funding date". Reimbursement If an agency is offering a qualified CERT class after the funding date,they will be provided supplies purchased through a bulk buy process The City of Kent Emergency Management will oversee the bulk buy process If an ' agency has a need to purchase supplies for a qualified CERT program beginning prior to the funding date,they will be eligible for reimbursement for the supplies identified in the CERT kit The amount of reimbursement will not exceed the per unit CERT kit price from the bulk buy Once vendors have been selected, supplies purchased from non-approved vendors will not qualify for reimbursement , *Exception- If an agency purchased CERT kits before January 19ie,2005,they will be reimbursed for actual costs of like items. Bulk Buy City of Kent Emergency Management will follow the City of Kent's procurement policy to identify appropriate vendors Once established,the vendors will be communicated to the CERT workgroup Helmet Stickers/CERT Patches ' A portion of the grant funds will be used to purchase approved helmet stickers and a King County CERT patch for students completing the CERT program during 2005 Jurisdictions or agencies who have began and/or completed approved CERT programs prior to the funding date are eligible to receive helmet stickers and King County CERT patches for those students who are participating in or have already completed the program. In an effort to initiate and maintain standardization,no reimbursement will be available for CERT helmet stickers or ' patches purchased by individual Jurisdictions or agencies. To implement universal identification of CERT trained individuals,additional helmet stickers and CERT patches may be available for agencies to distribute to previous CERT graduates. ' RESPONSIBILITIES , With this agreement, Kent Emergency Management (c/o Division Chief Pat Pawlak) agrees to the following terms and conditions for: A. Purchase of CERT Kits; ' B. Use of the reporting and invoicing procedures for the grant as specified by King , County date Page_ ' Citizen Corps FY 04 (grant# 9190-04) CERT Kit Bulk Buy ' A. Program Deliverables ' This bulk buy program will be effective January 1, 2005 through October 31 st. Under this grant program Kent Emergency Management (clo Division Chief Pat Pawlak)will: ' • Address all of King County by the program; • Purchase CERT Kits and distribute to jurisdictions teaching the CERT ' curriculum; • Provide an activity report quarterly; starting June 30, through October 31; • Keep Office of Emergency Management Project Manager apprised of ' activities via meetings, emails and phone calls; Maintain contact with King County OEM staff contact as needed to present challenges or obstacles in completing the scope of work; Submit a final report with the completion of the project and will detail performance, problems, challenges, special initiatives to overcome, best practices, and final tallies of the project. Will keep all records for transaction in the completion of the scope of work for a period not less than six years and will avail these to grant auditors as ' requested. King County will perform as the administrative agency for the FFY 2004 grant and will ' monitor the progress of the program and the deliverables for the grant. The grant of 40,000 will be delivered in reimbursable increments. Kent Emergency Management will invoice King County for contractor support, staffing costs, and supplies expended in the performance of the grant. King County OEM staff will be available to consult on ' meeting deadlines, removing obstacles, and completing the scope of work. PROGRAM CONTACTS: King County Office of Emergency Kent Emergency Management Management Kimberly Resor Timothy E. Doyle, Project Manager III 24611 116 Avenue SE 3511 NE 2"d Street Kent, WA 98030 Renton, WA 98056 Telephone: (253) 856-4343 Telephone- (206) 205-4071 E-mail: kresor@ci kent.wa.us Facsimile: (206) 205-4056 ' E-mail: timothy doyleCcDmetrokc gov ' IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: 1 King County City of Kent date Page_ Citizen Corps FY 04 (grant # 9190-04) , CERT Kit Bulk Buy BY ' Director Mayor Date Date Approved as to form: King County Prosecuting Attorney Date date Page_ ' FY04 CITIZEN CORP PROGRAM GRANT APPLICATION DATE: Kimberly Resor—Program Coordinator Kent Emergency Management 24611 116` Ave SE POINT OF CONTACT (Title&Information) Kent WA 98030 (253) 856-4343 AGENCY OR GROUP: King County CERT Workgroup 1 PROJECT NAME: CERT kits XT R E. . .— COMPONENT GROUP: (Check one) C. — VIPS MRC— — ' FIRECORP_ NEIGHBORHOOD WATCH ARE YOU A MEMBER OF A REGISTERED CITIZEN CORPS YES X— NO ' COUNCIL: NAME OF CCC: King County Citizen Corps IS THIS A NEW OR EXISTING NEW EXISTING PROGRAM: YES X_ NO Please describe: ' DOES THIS PROGRAM HAVE A Some jurisdictions have access to other CURRENT FUNDING SOURCE? funding sources. ' WHAT GOAL OF THE STATE "To improve statewide emergency HOMELAND SECURITY STRATEGIC preparedness and readiness" PLAN DOES THIS ADDRESS? 4/25/2005 Regional Theme VIL• Goal C"Make the , WHAT GOAL OF THE REGION 6 public aware of hazards and risks and equip HOMELAND SECURITY STRATEGIC them with the education and information ' PLAN DOES THIS ADDRESS? necessary to assure self-reliance and personal safety." During 2005, any newly trained CERT individual in King County will be issued a ' training manual and personnel protection equipment for their use while affiliated with a qualified CERT program in King ' DESCRIBE HOW YOU ARE County. IMPLEMENTING THE PROGRAM AT THE COMMUNITY LEVEL ' ESTIMATE POPULATION SERVED , 1.7 Million LOCAL ' 'BREADTH OF PROJECT: (Check One) MULTI-JURISDICTIONAL REGIONAL X_ OTHER: (describe) 4/25/2005 Grant Category:(Check all letters that apply within a category) I. PLANNING: ' a. collecting information on existing resources and volunteer activities within the community: b. meetings of the Citizen Corps Council and other community stakeholders: C. a system to track activities and participants: d. website maintenance: e. travel expenses for staff and/or volunteers to attend meeting or training sessions: f. survey methodologies to assess citizen preparedness, training, and volunteerism: g. hiring of full or part-time staff or contractors/consultants to assist with any of the above activities: h. conducting local or regional program implementation meetings. IL PUBLIC OUTREACH/OUTREACH COSTS: a. Public Safety announcements b. Printed advertisement C. Billboards d. Promotional flyers ' e. Booth displays f. Conference backdrops g. Podium signs h. Recognition pieces for Citizen Corps partners i. Recognition for special commendation in support of the mission j. Informational buttons,pins, key chains, and magnets. ' k. Publications, posters, buck slips; and other materials that either encourage the public to participate, educate the public, or recognize partners III. TRAINING/EXERCISE/EQUIPMENT COSTS: a. Instructor preparation and delivery time b. Hiring of full or part-time staff or contractors/consultants to assist with conducting the training and/or managing the administrative aspects of conducting the training. C. Creation and maintenance of a student database. d. Rental of training facilities e. _X_Printing course materials to include instructor guides, student manuals, ' brochures, certificates, handouts, newsletters and postage. f. Course materials specific to the subject matter, such as bandages, gloves, fire extinguishers, mannequins ' g. _X_ Outfitting CERT members with a hard hat, safety vest, eye protection, and gloves. h. Personal protective equipment for volunteer responders i. Equipment related to specific training or volunteer assignments 4/25/2005 IV. VOLUNTEER PROGRAMS COSTS: ' a. Recruiting b. Screening/assessing C. Training d. Retaining/motivating , e. Recognizing f Evaluating g. Cost benefit analysis ' h. Evaluate program and resource sharing i. Hiring of full or part-time staff or contractors/consultants to assist with evaluations. Scope of Work (Use additional sheets as needed) This application is submitted by the City of Kent on behalf of the King County Citizen Corps CERT Workgroup. The focus of the CERT Workgroup is to strengthen CERT programs in King County. With funds received under this proposal, the workgroup will implement a method of universal identification for all CERT trained individuals throughout King County. This will allow interoperability of individuals who receive CERT training at different jurisdictions. The King County Citizen Corps Steering Committee authorized $40,000 to provide CERT programs within King County with supplies identified by the CERT workgroup. For the purposes of this proposal, qualifying programs are defined as programs which teach the entire eight-week CERT curriculum as outlined by the Federal Emergency Management Agency (FEMA). , Over the last four months, the CERT workgroup has identified a list of standardized supplies that will be purchased though this grant. The supplies identified by this proposal will be known as a "CERT kit." A CERT kit consists of: ■ Green Ratcheting Helmet ■ Helmet Chin Strap ' ■ Goggles ■ Dust Mask ■ Whistle ■ Latex Gloves • Student Manual ■ Two Helmet Stickers ■ CERT Patch Jurisdictions that teach the qualified CERT curriculum are entitled to one (1) CERT kit ' for each student trained during 2005. CERT trained individuals will not be given a kit, but rather be assigned a kit to use while actively involved in a CERT program in King ' County. Should an individual separate from the program they are required to return the supplies to the training jurisdiction. 4/25/2005 1 The City of Kent Emergency Management will be the point of contact for this grant ' request for $40,000. For the purposes of this proposal,the date at which the City of Kent receives the completed contract from King County Office of Emergency Management shall be referred to as the "funding date". Reimbursement If an agency is offering a qualified CERT class after the funding date, they will be provided supplies purchased through a bulk buy process. The City of Kent Emergency Management will oversee the bulk buy process If an agency has a need to purchase supplies for a qualified CERT program beginning prior to the funding date, they will be eligible for reimbursement for the supplies identified in the CERT kit. The amount of reimbursement will not exceed the per unit CERT kit price from the bulk buy. Once ' vendors have been selected, supplies purchased from non-approved vendors will not qualify for reimbursement. * Exception: If an agency purchased CERT kits before January 19'11, 2005, they will be reimbursed for actual costs of like items. ' Bulk Buy City of Kent Emergency Management will follow the City of Kent's procurement policy ' to identify appropriate vendors. Once established, the vendors will be communicated to the CERT workgroup. Helmet Stickers/CERT Patches A portion of the grant funds will be used to purchase approved helmet stickers and a King County CERT patch for students completing the CERT program during 2005. Jurisdictions or agencies who have began and/or completed approved CERT programs ' prior to the funding date are eligible to receive helmet stickers and King County CERT patches for those students who are participating in or have already completed the program. ' In an effort to initiate and maintain standardization, no reimbursement will be available for CERT helmet stickers or patches purchased by individual jurisdictions or agencies. ' To implement universal identification of CERT trained individuals, additional helmet stickers and CERT patches maybe available for agencies to distribute to previous CERT ' graduates. t 4/25/2005 Project Timelines: COMPLETION ACTIVITY/PRODUCT DATE Research and select appropriate vendors January Purchase supplies for first half of year April Notify jurisdictions to pick up supplies ApriUMay Purchase supplies for second half of year June Notify jurisdictions to pick up supplies July t 4/25/2005 Budget Sheet: ' ITEM COST Salaries & Benefits $ 0 Overtime Wages (Includes salary&benefits) $0 Travel & Per Diem $0 Goods & Services (Includes printing,postage, etc) $40,000 CERT kit supplies ■ Green Ratchetmg Helmet ■ Helmet Chin Strap ■ Goggles ■ Dust Mask ■ Whistle • Latex Gloves ■ Student Manual ■ Two Helmet Stickers ■ CERT Patch Equipment Costs (Off the ODP approved list) $0 Facility Rental $0 Contractor/Consultant (Not on Excluded Parties List) $0 Other (Please specify) $0 TOTAL REIMBURSEMENT COSTS $ 40,000 • Expenditures may only occur within the approved category listed above. However up to 10% of the total may be shifted between approved items. • DOJ Grant program requirements affirm that federal funds will be used to supplement existing fund, and will not replace (supplant) funds that have been appropriated for the same purpose. 4/25/2005 Kent City Council Meeting Date May 3, 2005 Category Consent Calendar 1. SUBJECT: EMERGENCY AND BASIC LIFE SUPPORT AMBULANCE SERVICES AGREEMENT —AUTHORIZE 2. SUMMARY STATEMENT: Authorize, for identified Capital Fire Facility Improvements, the expenditure of funds received under section 8 of services agreements with ambulance companies. In May 2004, the City entered in to Emergency and Basic Life Support Ambulance Services Agreements with Tri-Med Ambulances and American Medical Response Companies. Section 8 of the Agreements provides for payment to the City of identified liquidated damages under certain circumstances of non-performance, breach and default. The City N�ill be receiving funds from this section of the Agreements in the estimated amount of$9,550. 3. EXHIBITS: Emergency & Basic Life Support Ambulance Services Agreement 4. RECOMMENDED BY: Public Safety Committee 4/21/05 (Committee, Staff, Examiner, Commission, etc.) �r 5. FISCAL IMPACT Expenditure? _ Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund F00015.56980 Amount $9,550.00+ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I KENT WASHINGTON Emergency and Basic Life Support Ambulance Services Agreement between the City of Kent and American Medical Response This Agreement is made this 1st day of May, 2004, (the "Effective Date"), by and between the City of Kent, a Washington municipal corporation (the "City"), and American Medical Response, a corporation (the "Contractor") RECITALS 1. The Kent Fire Department ("KFD") is the first resp Vder fo-ail 9-1-1 calls and performs triage and interrogation of all patients that utilize the,9-1-1 system within the City and the area served by King County Fire District No 37 ("KCFD No ,37 2. Advance Life Support ("ALS") services, within the Cit are provi ed by King County Medic 1. � �¢ �" 3. The City desires to enter into an,kgreement with thd yContractor to provide Basic Life Support ("BLS") transport services 24 hours per day; 365 days per year within the primary coverage area as set forth in section 5.1 ofiHsAgreement and as further defined in Exhibit "A". The BLS transport service shall be pro ided wienIrequestedby Fb._ AGREEMENT «` 1. Term. The term of this green ent sha a three (3) years from the effective date of May 1, 2004 The City, at ifs4 sole disc et on, may renew this Agreement for two (2) additional one (1)�year terms each upon terms and conditions satisfactory to the City. The renews shall be completed up ecution of an addendum by all parties. rthe 2. Definitions. For the purpose kof clarity and consistency, the following words shall have the following meanings in thisAgreement, unless the context clearly requires a different eanin 2.1 , m ulance nrt" means the vehicle and personnel provided b the Contractor P p Y -respondin toga request for BLS service. 2.2 `zt Scene Time" means the point in time when the ambulance unit reports it is physically stopped at the correct scene. In situations where the unit has been ff directed to respond to a location other than the scene, e g , staging areas for hazardous materials/violent crime incidents, or non-secured scenes, "at scene time" shall be the point in time the ambulance unit reports it has arrived at the designated staging location. In instances when an ambulance unit fails to report when it has arrived "at scene," "at scene time" shall mean the point in time of the first communication or status transmission from the scene by that ambulance unit Emergency and Basic Life Support Ambulance Services Agreement-1 (Apnl 25,2005) 2.3 "Business License Clerk" means such City employees or agents as the Mayor shall designate to issue and administer business licenses under the Kent City Code, or any designee thereof. 2.4 "City" means the City of Kent and includes the Kent Fire Department. 25. "Contract Administrator" shall mean the City's Chief of Emergency Medical Services. 2.6 "Contractor" means any person, corporation, or other leg tity that operates an ambulance for hire and in compliance with federal,-1 ate, county, and City rules and regulations. 27 "Emergency and Non-Emergency BLS Services" eans a ' life support services provided in support of KFD, which are the subject of this Agreement. `6p 28 "Fire Department" or "Department" means the en# Fire Department and includes the City. 29 "Fire Official" means the Fire Chie the Fire Chiefsdesigg e. 2.10 "Incident Commander" mean he Kent Fire Depart e t person in charge of the emergency response at an,in ider)t. 2.11 "Performance Standards are those standards as required in section 5 of the Agreement. a 2.12 "Region" me ns the geographic pundaries of King County, Washington. 213 "Reque eceived" `means the point in time when the incident address is T, confirmed the ContractYetfime spatcher. 2 14 "�?espo'n - it a emeans interval from the time when the Contractor's dispatcher receives a request for service to the time an ambulance unit arrives at he scene of a incident , � 2 z�5 ltntt Hours" As amount of time calculated in hours that a fully staffed and ,equipped%apparatus is available for service. 3. Business Licensing and Ch. 5.11 of the Kent City Code. Ch. 5.11 KCC, as now enacted o,'r hereafter amended, shall apply for the duration of this Agreement The Contractor shall obtain and maintain a City business license and shall meet all conditions of Ch 5 11 KCC throughout the duration of this Agreement. A true and correct copy of Ch 5.11 KCC, as currently enacted, is attached as Exhibit "B." 4. Volume of Business. The City does not guarantee a volume of business. Actual volume will be depend upon demand for services and the Contractor's performance. Emergency and Basic Life Support Ambulance Services Agreement-2 (Apnl 25,2005) 5. Scope of Services — Performance Standards. 5.1 Primary Coverage Area The Contractor shall provide BLS transport services for the East section of the area served by the City as defined in Exhibit A of this Agreement 5.2 Patient Care Performance. 5.2.1 Standards. The Contractor shall continuously Beet or exceed the patient care performance standards as provided y State law and the most current King County Patient Care Guidelines for Basic Life Support. Additionally, the Contractor shall have its own Medical Direction Program. In the event the e are con f ictts among these standards, the controlling standard sha be State law; then the King County Patient Care Guidelines, and, the Contractor' Medical Direction Program. 5 2.2 Transport Protocols. The�contractor�shall a KFD transport protocols for services performed under this Agreement" 522.1 The Contract agrees that it is t responsibility of KFD to provide rapid-,jnitial BLS esponse all requests for medical assistance anzd �advanced�fieI life support to medical emergencies cies within the City. l=xcept when authorized by KFD, the Contra or shall not yrovide rapid initial response or advance lii` port to medical emergencies within the City. 5 2.2 2 When the Contractor arrives at an incident scene in response to a KFD,, request, toes Contractor's personnel shall report to the incident-commander, or his/her designee, in charge of the emergency i_hb shall, when appropriate, designate the mode of transportatti6h and the hospital to be utilized. Patients in a life- fhreate ing or potentially life-threatening condition shall be transorted to area hospitals as directed by KFD. 5 2 2 he Contractor shall immediately request the services of KFD ` T and, if appropriate, King County Medic 1, it if the Contractor receives a citizen request for emergency medical assistance. In the event that a non-life-threatening emergency being handled by the Contractor becomes an emergency requiring the services of an ALS technician, the Contractor shall immediately request the services of KFD 5.2.3 Liquidated Damages. In the event the Contractor fails to meet or exceed patient care performance standards and transport protocols, the Contractor shall pay the City liquidated damages as described in section 8. Emergency and Basic We Support Ambulance Services Agreement-3 (Apnl 25,2005) 524 Patient Care Performance Standards Monitoring. The Contractor shall ensure its personnel complete documents related to responses and patient care, including, but not limited to, Pre-hospital Care Reports (PCRs), Against Medical Advice Summary Audits (AMA), and ambulance response failure/unusual occurrence forms. Such documents shall be made available to the City upon request The Contractor shall provide to KFD by the 10th day of each calendar month a report summarizing its patient care performance during the preceding month Monthly during the first three months of operation, and quarterly thereafter, the Contractor and KFD al meet to discuss matters of concern and to review adhe ce to patient care performance standards and transport pi S. 'The purpose of these meetings will be to maintain open andaroac ry communications, resolve problems, and to provide an arena to confer a "o t patient care performance on the part of the Contractior KFD. 5.3 Response Time Performance. 53.1 Standards. Every calen arrmonth, the C nt actor shall meet or exceed the following standardg within its primary coverage the area as set forth in Exhibit A. Response times shall be xmeasured in minutes and seconds, and shall be` timed-stamped b(the Contractor's computer It aided dispatch`(ACAD) sy tem. 5.3.1.1 EmerrciNn ncident onse performance Standard. The 5.3.1.1 E 'Contractor sfiaA�respondlo ninety percent (90%) of all requests within 9 minutes, 59 seconds; provided, this requirement shall not in the evenn that the Contractor is requested to arrive on seen` by utilizing a "code yellow" status. The maximum response,#jme is 14 minutes, 59 seconds on any request 5 3 2 Liquidated Damages. In the event the Contractor's response time does not'iatl"within the emergency incident response performance standard, anclAhe City`does not grant an exemption to the delay or non-response, the 6ontractor shall pay to the City liquidated damages as described in section 8. 5 3.3 Xrformance Incentive. During a calendar month and in the event the Contractor meets or exceeds a ninety-five percent (95%) response rate in its primary coverage area, KFD shall waive liquidated damages described in section 8.1 and 8.2 for that month; provided, that during that month KFD has not performed BLS transport due to the Contractor exceeding the maximum response time, fading to respond, failing to properly staff or equip unit, fading to report on-scene, or for mechanical failure. Emergency and Basic Life Support Ambulance Services Agreement•4 (ApM 25,2005) 5 3.4 Exemption to Response Time Performance Standards. The Contractor may apply and KFD may grant exemptions to response time performance standards in situations beyond the Contractor's control that cause unavoidable delays or no response. KFD shall examine each request for exemption and shall take into consideration the Contractor's staffing levels, dispatch times, in-service times, traffic, street blockages, severe weather, and other influencing factors. If KFD determines the circumstances warrant, KFD shall grant an exemption of the response from the performance standards To be eligible for such an exemption, the Contractor shall apply Aes " `,exemption with supporting documentation no later than the mfollowing the month of the occurrence. The following subsections, vibe situations where KFD may grant an exemption. 5 3.4.1 Multiple Unit Response. In thle evvent two (2) orZrtaore units are simultaneously committed to one (1 incident, the firs arriving unit shall be held to the response standard' KFD shall grant an exemption fo-Eec i�unit starting with the second unit provided the additional units_ arrive at`' .scene within 20 minutes. 5.3.4 2 Concurrent pionses Q1an,the even ree (3) or more units are �_ simultaneously--bo mitted to one (i ,mcident, and two (2) or more a ditional uni s are con uc%rently responding to at least two � ci 40 (2) other,,separate incidents, KFD shall grant an exemption for each unit sta ing with third unit. 5 3 4.3 Declared isas e § Iri t e event an emergency is declared as defin d by Ch 43 06 RCW, KFD shall grant an exemption for all units during the declared emergency. s5.3. 4 Canceled Request. In the event a request is canceled prior to or, ,at th units arrival on scene for reasons other than excee ing the maximum response time standard, KFD shall grant'an exemption. 'eA4, 5.3.4 esponse Location Errors. In the event KFD provides an inaccurate address, or if the location does not exist, KFD shall k_ grant a response time exemption, except if the incorrect response is the result of an error made by Contractor's personnel, in that event KFD shall not grant an exemption 5.3.4 6 Response Location Change. In the event KFD changes the incident location and the change delays the umt's response time because the unit must reroute farther than one (1) city block to respond to the call, KFD shall grant an exemption 534.7 Response Delayed by Accident. In the event the unit is involved in an accident and cannot continue to respond to the call, KFD will grant an exemption provided the accident is not the fault of the ambulance unit. Emergency and Basic Life Support Ambulance Services Agreement-5 (Apn!25,2005) 5.3 4.8 Response Requested to Area Outside Primary Coverage Area. In the event the City requests the Contractor respond to an area outside of its primary coverage area, KFD shall grant an exemption to the Emergency Response Performance Standard on the condition that the Contractor use diligence to respond to the scene within a reasonable time. 5 3 5 Response Time Performance Monitoring. The Contractor shall provide to KFD by the 10 day of each calendar moVc eport detailing its response time performance for its primaoverage area, as �l designated m Exhibit A, during the preceding month and any 19-7 applications for exemptions. The Contractor shall, document each instance wherein a response resulted in a response time in excess of the response performance standard;"'and shall detai"hem reason for such delayed response time Contractor shall take all steps,, ecessary to eliminate causes of poor response timperformance and upon request shall provide the ity,with-, a sum- ary of such corrective actions. 5.4 Inquiries and Complaints. The Cohtrac or sha provide prompt written responses and follow-up to,Inquiries and complaints Such responses shall be subject to the limitations im'osed by``patients confidentiality restrictions. Contractor shall provide"*to KFD y the 10`h daoeach calendar month a list of all complaints received and their respective"dispositions. Copies of such complaints will be made`mailable to�the City upon request Any complaint received by thdCity shall b 'forwarded to the Contractor for action, and the Aft Contractor shall-forward the disposition of the incident to the City within twenty- one (21) d s of r ept � 55 Dis dtch a Commurnca ions Sri, ,5 5.1 Con Factor's Dispatch/Communications Equipment and Personnel The Conn actor: shall`furnish, operate, maintain, and replace or upgrade its dispatch and communications equipment, radios, telephone equipment, computer aided dispatch system equipment, including hardware and M softward, and all other equipment and software necessary for its rovision of emergency BLS services. 6:5 2 omputer Aided Dispatching. The Contractor shall utilize a CAD system to record dispatch information for all requests for services. Contractor's CAD system shall generate, either automatically or through manual entry, a dispatch record using generally accepted coding conventions and time-stamping rules. The City may require dispatch information to be provided on diskette or modem download for integration and review The Contractor shall ensure that all dispatching and communications with its ambulance units is conducted in a manner that meets or exceeds all federal, state, and local requirements, including KFD's policies and procedures. Emergency and Basic Life Support Ambulance Services Agreement-6 (Apnl 25,2005) If, upon the effective date of this Agreement, the Contractor does not utilize an acceptable CAD system, it shall, no later than six (6) months after the effective date of the Agreement obtain and fully utilize an acceptable CAD system. The failure of the Contractor to obtain and utilize a CAD system within the time period provided in this subsection shall result in liquidated damages as provided in section 8. 55.3 Dispatch Communications. The Contractor shall record and maintain for a minimum of 365 days by tape or other voiceecording media all radio and telephone communications with and�,between persons or agencies requesting ambulance service, its units, personnel, and the Valley Communications Center, including tirie track. Such recordings and records shall be made available to the, ity upon request. 55.4 Emergency Alerting Devices. Tph kContractor %hj, equip each ambulance unit with Installed radio communications equipmen capable of notifying ambulance personnel oaf, respon a needs In addition, each ambulance unit shall contain,at leah one (1)portable two-way radio to provide the driver or. attendants with alerting' and two-way communications capabdities' en a }yay fro the ambulance unit 55.5 The Contractor sha ��not refuse-to transpo any person, when such person is determinedbyptoe KFD incident Commander to fall under the category of ,hawing a "life-threatenii' potentially life-threatening, or other medical emergency. `Charges for services shall be made only to a patient actually transported "by Contractor. Under no circumstances shall the City h�a eany liability whatsoever for the Contractor's transportation ofYe patient qr cost incurred by the Contractor whether not they transport 55 60, The Contractor s all transport a patient to the nearest hospital capable r _ _ he of_providing t needed emergency medical services, or to a hospital of ttie'patient's choi&e. If a specific hospital is designated by Hospital Coritrof in am Itiple casualty incident or by a paramedic or higher medical authority at the scene of the emergency, the Contractor shall transport the patient to that facility. All patients in life-threatening, potentially life-threatening, or other serious medical emergencies may be transported to area hospitals by KFD aid units, medic units, or bulances as determined by the KFD Incident Commander. 5 5 The Contractor shall not install or operate any device or means on its units that can be utilized to control traffic signaling devices, including, but not limited, to Opticoms. 56 Vehicle Markings and Advertising Restrictions. Markings on ambulance units shall not include seven (7) or ten (10) digit phone numbers or other advertising. The only telephone number allowed is "9-1-1" The Contractor's standard logo, including its name, is permitted. Temporary display applications must be approved by KFD prior to use. Emergency and Basic Life Support Ambulance Services Agreement-7 (Apnl 25,2005) 5.7 Equipment Maintenance. 5.7.1 The Contractor shall be solely responsible for furnishing all equipment and parts for the maintenance of vehicles, on board equipment, supplies, and facilities used by the Contractor in performance of Its work. 57.2 All equipment and supplies used by the Contractor must meet and comply with all standards established by federal, state, and local laws, rules, and regulations. 57.3 The Contractor shall be responsible fort radio system, channel selection, securing, authorization for use,�,;arid the'Toper operation of the radio system. 58 Contractor's Personnel. 58.1 Staffing For each ambulance unif? respon in , to requests for BLS service, the Contractor shall have of least two (2) personnel who are certified and accredited as Emergency Medical Technicians B ("EMT- B" 58.2 Character and Compe ence of PersonnelA, a Contractor shall ensure that Its personnel conducthemselves`ma professional and courteous personnel manner. The Contractor s personnelshall be competent and shall hold 14 all required licens%permits and certificates in their respective trades Jo or professions. Thet,Contractor's- personnel shall wear uniforms that clearly identify the Contractor's business name as well as the name of the particular` employe&K.` All personnel shall have a neat, clean appearance, =,shall be courteous to patients, shall refrain from unprofessional conduct or the use of foul language, and shall abide by all applicable fedea , state, and City laws and regulations. The City ma += demand the removal of any employee or subcontractor of BIZ --Ago�, Contractor, subject to appropriate investigation and determination, for misconduct or incompetent or negligent performance Such persons shalt not be allowed to perform services under this contract without the writte`Consent of the City. 5 Outside lorle The Contractor may do other work within the City limits (e g., scheduled transports, non ambulance medical transportation, special event ; , standby coverage, HMO/Government contract work, etc ), provided, the outside woW does not negatively affect the Contractor's peak load capacity, disaster readiness, and overall efficiency, and does not detract from the Contractor's primary service responsibilities to the City. 5.10 Back-up Work. The Contractor may provide back-up ambulance services outside of the City limits, but shall not utilize the equipment, personnel, or resources, which are the subject of this contract, for providing primary ambulance coverage outside the City limits. Emergency and Basic Life Support Ambulance Services Agreement-8 (Apn125,2005) 5.11 Maior Emergency and Disaster Response within the City and KCFD 37 Limits. 511.1 Maior Emergency or Disaster Declared. In the event the Fire Chief determines there is a major emergency or disaster, KFD may notify the Contractor that the normal course of business under the Agreement S may be interrupted. Immediately upon such notification, the Contractor 4 shall commit such resources as are requested by KFD, given the nature of the incident, and shall assist in accordance with applicable disaster plans and protocols. 5.112 Response Time Performance Standards. The Contractor shall be released by the City from response time performance standards and liquidated damages, until notified by the City,�at such disaster assistance may be terminated, provided, however, that the Contractor shall use due diligence to respond,io-the scene in-aph, expeditious manner ; , 5.11.3 City — First Priority. The Con rac or acknowedges that the City is entering into an Agreement with the ContractorJor-the benefit of the public. The Contractor,shaiLconsider,t}e City as a-customer of its first priority and shall make its est effort to provide emergency and non- emergency BLS services to 1tieCity aria timely manner The Contractor shay develop a mechanism for the immediate recall of personnel to staff units'during multi-casualty situations, times of peak overload, or major~emergency and disaster situations. This plan shall include the ability of the Contractor,to alert off-duty personnel. 5.11.4 MaiorFErrier enc or is ster erminated. When major emergency or disaster assistance has been terminated, the Contractor shall resume Inmal operations as rapidly as is practical considering exhaustion of onnel, need,for re tocking, and other relevant considerations 5 12 Incdentp"onse to Other Local Jurisdictions. In the event the Kent Fire �, .�� . Official dete�ine5'an incident affects a local or neighboring jurisdiction, KFD may notify e Contractor that the normal course of business under the Agreement may be interrupted. Immediately upon such notification, the _ Cor tractor ma "commit such resources as are requested by KFD, given the nature ot theIncident, and shall assist in accordance with disaster plans and protocols applicable in the locality where the disaster has occurred. orm_a (i.e., not disaster related) mutual aid or multi-casualty incident assistance repaered by the Contractor shall be performed in accordance with approved instant aid/mutual aid agreements, and EMS agency policies and procedures. In the course of rendering such instant aid/mutual aid services, the Contractor shall not automatically be exempt from response time standards otherwise imposed by this Agreement The Contractor shall manage any response to such instant aid/mutual aid requests in a manner that does not jeopardize the Contractor's ability to render response time performance as required herein. Emergency and Basic Life Support Ambulance Services Agreement-9 (Apn125,2005) 5.13 Local Administrative Office. The Contractor shall maintain an administrative office within twenty miles of KFD Headquarters, which is located at 24611 116t' Av SE Kent, WA 98030. >� 5.14 Inspections. 5141 Examination and Audit of Records. At any time during normal business hours and as often as may reasonably be deemed necessary, City representatives and the EMS Medical Director(s) may observe the Contractor's operations. Additionally, the Coh'Gctor shall make available for examination and audit, all contracts, invoices, materials, payrolls, inventory records, records of personnel(with the exception of confidential personnel records), daily lo�gsconditi of employment, all operational and procedure policy manuals, excer s or transcripts from such records, all relevant fisc,,records and other`-aka related to all matters covered by this contract. 5 14 2 Observe Operations and Rid lonct�City representatives and the EMS Chief, may, at any time Z`and without notification,--"directly observe Contractor's operatioin,"o_ its EMS ,Communications Center, maintenance facility; and any ambulanc post location. A City representative and2 the EMS Chief, may, after providing at least five minutes notice, ndeas third person on any of the Contractor's ambulance units, provided howevef that in exercising this right to °=° inspection anc� observation such representatives shall conduct r themselves in a professional`arid courteous manner, shall not interfere in anv,ay with ,Contractors personnel in the performance of their duti6s an*d contr'actual'�respohsibilities, and shall, at all times, be respectful of,Contractor's employer/employee relationship. 514-3 Time and Notification The City's right to observe and inspect Ems, Contractor's business office operations or records shall be restricted to , �.sue normal business hours, and reasonable notification shall be given by Contractor in a vance of any such visit. 5;,l4.4 Coo eration. The Contractor will cooperate with and respond to the xs KFDit'g EMS Chief and the City on all matters related to the provision of emergency and non-emergency BLS ambulance services. 5.15 illing, Ilections, and Reporting The Contractor shall be responsible for all billingand collection functions related to services rendered pursuant to this Agreement The Contractor shall perform all such billing and collection functions in a professional and courteous manner and in accordance with applicable federal, state, and local laws, regulations, procedures and policies including, without limitation, collection and credit reporting laws The Contractor will not attempt to collect fees at the scene, in route, or upon delivery of the patient to a health facility for services rendered Emergency and Basic Life Support Ambulance Services Agreement-10 (Apn!25,2005) 6. Contractor Rates. 6.1 Compensation. The Contractor's sole financial compensation for services rendered under this Agreement shall be the rates billed and collected from patients and responsible third parties. The City, local taxes, or subsidies shall not fund any services provided by Contractor. 6.2 Rates to be Filed. The Contractor shall file with the City Clerk and the Fire Official its schedule of rates to be charged for services durin the period of this Agreement The schedule of rates shall be a matter of puAic record open to public inspection in the City Clerk's Office The schedule of rates must be adhered to by the Contractor If rates are periodical y`_ adjusted during the business license period, they must be filed with the City Cle ,F , 7. Contractor Payments to the City. 7.1 Monthly Payment. BY the 10t" day of eve alendar month, the Con ractor shall make a payment of $3,000 per monttto`the City The first payment shall be due on May 10, 2004 Payment shall be made payable to the "City`of Kent" to cover the City's costs of administering ttiisAgreement-' Such costsinclude, but are not limited to, the following: 7.1.1 The City's costs°associated with monoring'Contractor's compliance with this Agreement; aniiT"' 7.1.2 The Cit "s increme costs asso 'ate with medical control. 411 7.2 Adjusted for, lnflafio , T;h mori ,,payment amount shall be annually adjusted on the anniversary o,tie Effective_pDate of this Agreement using the preceding calendar y ar's annual�Consumer-`Price Index for all urban consumers Seattle- Tacotna-Br merton met opolitan area, All items (1982-1984 = 100), as p determined, y the U.S. Department of Labor, Bureau of Labor Statistics, to `eliminate,_-the" effects of inflation. On the annual anniversary date of this .R ' Agreement, e City'shall provide the Contractor with a letter delineating the I for the, onthVpayments in order satisfy Medicare requirements 8. a4ciuidathegDamages his Agreement provides for the payment of liquidated damages in certain circumstances of non-performance, breach, and default Each party agrees that the-damaged pa. 's actual damages in each such circumstance would be difficult or impossible,to ascertain, and that the liquidated damages provided for herein with respect to each'such circumstance are intended to place the damaged party in the same economicQp osition as it would have been in had the circumstance not occurred. Nothing in this section shall be construed to limit any remedies, including termination, provided for herein with respect to any non-performance, breach, or default by the Contractor. Each and every call that does not adhere to the scope of services - performance standards shall first be classified as an alleged performance failure Each alleged performance failure shall be investigated by the Contractor and evaluated by City The City shall determine whether there were appropriate or acceptable extenuating circumstances that caused or significantly contributed to the performance failure. The Contractor shall pay liquidated damages to the City for all performance failures that are determined to be the Emergency and Basic Life Support Ambulance Services Agreement- 11 (Apn!25,2005) t fault of the Contractor and not the result of an extenuating circumstance. All payments for liquidated damages shall be made payable to the "City of Kent." 8.1 Liquidated Damages for Emergency Request. For any individual response to a request that exceeds the 9 minutes, 59 seconds, the Contractor shall be assessed liquidated damages at a rate of fifty dollars ($50) per minute, or fraction thereof, for each minute to a maximum of two hundred fifty dollars ($250). 8.2 Liquidated Damages for Exceeding the Maximum ReswAhkTime. For any individual response exceeding the maximum response t ri tee, or being cancelled due to exceeding the maximum response time, the C - ract r shall be assessed liquidated damages of five hundred dollars ($500) a sha a be assessed the liquidated damages described in section 8.1 an .2. 8.3 Liquidated Damages for Failure to Respond. In t vent the Con r fails or is unable to respond, the Contractor sh_ti be asse liquidated amages of five hundred dollars ($500) per mcide 8.4 Liquidated Damages for Fadur fro e aft Unit. In the event the Contractor fails to staff any atnbulang6�unit pursuant to subsection 5.7.1, the Contractor shall be assessed` a hundrecl"dollars ($500) per unit hour or portion thereof 8 5 Liquidated Damage o ailure to -urnish guired Documentation. In the event Contractor fails to furnish requi dd'information, reports, or documentation within the time iod specifiee" by this Agreement or by the City's request, the City may, at s i pose i idated damages of fifty dollars ($50) per day for each i ern of , informatio .report, or document. Such liquidated damages `' all not beapplied i cases where the cause of such reporting defi 'ency as beyond thp._Coniractor's reasonable control. 8.6 [qui a e ��samacles for Mechanical Failure. If an ambulance vehicle experiences rrie cal failure (breakdown) while transporting a patient to a IF ospita1, the ontracto'r shall be assessed liquidated damages of Five Hundred Dollars ($500 00) except when the Contractor has provided timely and 1�priate p p it transfer and when the Contractor has properly maintained the ehicle. 8.7 guidat Damages for Failure of Crew to Report. The Contractor shall be ass sed liquidated damages of Fifty Dollars ($50) for failure of the ambulance cre to report their on-scene arrival to its dispatcher for any of its calls. The Contractor shall be assessed liquidated damages of five hundred dollars ($500) for each incident where KFD determines that the crew, dispatchers, or management personnel of the Contractor reported a false on-scene arrival time 8.8 Liquidated Damages for Failure to Obtain and Utilize CAD. The Contractor shall be assessed liquidated damages of Two Hundred Fifty Dollars ($250) per day for failure to utilize an acceptable CAD system within six (6) months of the effective date of this Agreement. Emergency and Basic Life Support Ambulance Services Agreement-12 (Apnf 25,2W5) 8.9 Aggregated Failure If in any contract year the Contractor maintains a response time performance level at less than 90% monthly compliance in any four (4) months or two (2) consecutive months, the City shall have the right to terminate this Agreement. 8.10 Invoicing and Payment of Liquidated Damages No more frequently than monthly and at least quarterly, the City shall invoice Contractor for any liquidated damages assessed during the prior period. The Contractor shall pay the liquidated damages within 30 days of receipt of invoice. IrIthe event the City fails to invoice within 30 days of the end of the prior ben d, the liquidated damages shall be deemed waived for the period. 8.11 Appeal of Liquidated Damages Assessment. The, ^ontrac o ay request that the City's Contract Administrator reconsider imposition of liquidat damages In instances when the City's Contract Administrator.reviewed the circumstances for imposing liquidated damages and determined thaf the grounds wera sufficient to justify the imposition of the liquidated damages, the', shall have the right to appeal such determination�to the�Kent Fire=•�O.fficial. The Contract Administrator shall report the reasons for the ,determinationto�impose liquidated damages to the Kent Fire Official T e=ruling of tfie-Kent Fire Chief shall be final. 8.12 Liquidated Damages Waive = or Start- Ks Period. he City shall waive the response time liquidated damage des c ibedtrn subsections 8.1 and 8.2 for the first six (6) months of th s Agreeme 9. Termination. . � 9.1 Written Ad ante Notic Either part may terminate this Agreement by providing ninety (90)'days advance written notice to the other party of that party's intent to terminate A breach of btt a terms of this agreement need not occur to terminate under this section. If this Agreement is terminated, the City of Kent has the right 10 offer the `remainder of`the existing Agreement and it's extensions to an existing Contractor within`the City for right of first refusal. In the event t at the Contractor chooses to exercise its right to terminate under this n, it�shall pay to the City a penalty of Ten Thousand Dollars ($10,000), _ to offset t e C�y's costs in procuring a new contractor 9.2 Contrac r Breach and Provisions for Early Termination. Conditions and circumstances that constitute a breach of the Agreement include, but are not lirr)ited to, the following: 92.1 Failure of the Contractor to perform in accordance with any of the provisions of this Agreement. 9.22 Failure of the Contractor to operate the system in a manner that enables the City and the Contractor to remain in compliance with federal or state laws, rules, or regulations. Emergency and Basic Life Support Ambulance Services Agreement-13 (Apnl 25,2005) 9 2.3 Falsification of information supplied by the Contractor during the term of this Agreement, including but not limited to altering the presumptive run code designations to enhance the Contractor's apparent performance or falsification of any other data required under the contract. 92.4 Creating patient responses or transports so as to artificially inflate run volumes. 92.5 Failure of the Contractor to provide data generat in the course of operations, including but not limited to dispatc p, patient report data, response time data, or financial data. 92.6 Excessive and unauthorized scaling d n o erations to the detriment of performance during a "la du " period 9.2.7 Failure of Contractor's personnel t nduct them s in a professional and courteous er an resent a ,� rofessional appearance. 9.2.6 Failure of the Contract maint men accordance with manufacturer recommendedirtiai ance prdcedures 9.2.9 Failure of the ontr ,r to coo to and assist the City after breach has b declare 9.2.10 Accept ce by t ontracto Contractor's personnel of any bribe, kickbacor considera of and ind in exchange for any consideration w at�soe er. wh ri su`c coffin 1 'eration or action on the part of the ontracto �ontractor�"s personnel could be reasonably construed as a, iolation off deral, state, or local law. 9 ment by the ntractor or any of Contractor's personnel of any kiri C cR ,ack, consideration of any kind to any federal, state, or loc pubC o_ icial or consultant in exchange for any consideration wha oevero�when such consideration could be reasonably construed as a iolation of any federal, state, or local law. 2.1 it e of the Contractor to meet the standard of care as established by is Agreement. - Failure of the Contractor to maintain insurance in accordance with this Agreement. 9.2.14 Failure of the Contractor to meet response time requirements as set forth in this Agreement. 9.2.15 The filing of any bankruptcy or any other similar action, which, in the opinion of the City, places the performance of the contract at risk. 9.2.16 Failure to submit reports and information under the terms and conditions outlined in this Agreement Emergency and Basic Life Support Ambulance Services Agreement-14 (Apnl 25,2005) 10. City's Remedies. 101 If conditions or circumstances constituting a breach as set forth above are determined to exist, the City shall have all rights and remedies available at law or in equity under this Agreement, specifically including the right to terminate the Agreement. 11. Process for Termination of Contract Due to Breach. 011i 11.1 In the event of breach, the City will give the Contract, written notice, return receipt requested, setting forth with reasonable specificity the nature of the breach. Within five (5) calendar days of receipt of such no" ci e, the Contractor will deliver to the City, in writing, a plan to cu� uch breach. The plan will be updated, in writing, every five (5) calendar days„until the breac iEuch d The Contractor shall have the right to cure such breach within thirtyalendar days of receipt of notice of breach If they=Contractor fails to cure breach within the time period allowed for cure (sucli failure to be_determined by the sole and absolute discretion of the City) or the Contractor fa7s.to-Timely deliver the cure plan, or updates to the City;-the Clt 4, miay immediately terminate the Agreement The Contractor will cooperM completoly and immediately with the City to effect a prompt and..o41&l transfed of all responsibilities to the City. 11.2 The Contractor will not be prohibited from isp ting any findings of breach . . through litigation; providecl.howevei;,tthat such itigation will not have the effect of delaying, in any way, the`eimmediate`tran,,sfer of operations to the City. These provisions wi�.4specifically stipulatedpnd agreed to by both parties as being reasonable and necessary for tF a protection of public health and safety Any legal disp a concerning the findirig t6 a breach has occurred will be initiated and shall take place `onty after the transfer of operations to the City has been comp'leted,�and will not,-under any circumstances, delay the process of transferring,ope rat ions to the City. 11 3 The Contract r s cooperation with and full support of the City's termination of the Agreement 1l, not be construed as acceptance by the Contractor of the finding of breach. H wever, failure on the part of the Contractor to cooperate fully with y� *06 the City o eff a smooth and safe transition shall itself constitute a breach of contract 11.4Ji the event an agreement with one contractor is terminated, the remaining contactor shall have the right to assume the territory served by the terminated corifractor. The intent to assume such territory shall be provided to the City in writing within fourteen (14) days of receiving notice from the City of the termination of the other contractor Emergency and Basic Life Support Ambulance Services Agreement-15 (Apn!25,2005) 12. "Lame Duck" Provisions. Should the Contractor fail to prevail in a future procurement cycle, the Contractor will agree to continue to provide all services required in and under the Agreement until a new contractor assumes service responsibilities To assure continued performance fully consistent with the requirements of the Agreement through any such period, the following provisions will apply: 12.1 The Contractor will continue all operations and support services at the same level of effort and performance that were in effect pnor to the award of the subsequent agreement to a competing provider. 12.2 The Contractor will make no changes in methods o eration, which could reasonably be considered to be aimed at cuttin Co ctor services and operating costs to maximize profits during the final es o Agreement 12.3 The City recognizes that if a competing pro should pr in future procurement cycle, the Contractor may reasonab a in to prepar ransition of the service to a new contractor. The,City will no :nreasonabl ithhold its a� - i e approval of the Contractors reques to begs an or de 1 transition process, including reasonable plans to relocate staff, -'le down de aft inventory items, etc. as long as such transition vity oe imp r the Contractor's performance during this perio 13. Proprietary and Confidential Informa n. The act , acknowledges that the City is required by law to make record§ available for",,,-,, blic inspection, with certain exceptions (see RCW Chap e�r 4 7). City-staff belig e that this legal obligation would not require the disCIOsur� of prop,i tary descn av information that contains valuable designs, drawings, o onulas. Theontractw , by submission of materials marked proprietary and co idenI11% nevertheless�j, acknowledges and agrees that the City will have no obliga ' or an�as ihty to the., Contractor in the event that the City must disclose these a rials. 14. Indemnli r on.„_ a Contractor s hereby release and shall defend, indemnify, and hold thy" City-and �a_i fnplo�yees 6d agents harmless from all losses, liabilities, claims, 4 cost eluding attomeyVle.` , actions or damages of any sort whatsoever arising out ontractor Is perfo' ing the services contemplated by this Agreement except to the xtent a ibutable t the negligent acts or omissions of the City. The indemnification t vide orn t is se r+ n shall survive any termination or expiration of this Agreement. I action i brought against the City by any employee of Contractor, the inde ' ication tgation of Contractor set forth in this section shall not be limited by a limit ory ,e a unt or type of damages, compensation or benefits payable by or for Contracto der RCW Title 51, the Industrial Insurance Act, or any other employee benefit a In addition, solely for the purpose of giving full effect to the indemnities contained herein and not for the benefit of Contractor's employees or any third parties, Contractor waives its immunity under RCW Title 51. Contractor acknowledges that the foregoing waiver was mutually negotiated. 16. Insurance. The Contractor 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. Emergency and Basic Life Support Ambulance Services Agreement-16 (Apnl 25,2005) 16. Compliance with Law. 16.1 General Requirement. The Contractor, at its sole cost and expense, shall perform and comply with all applicable laws of the United States and the State of Washington, the municipal code and ordinances of the City, and rules, regulations, orders, and directives of their administrative agencies and the officers thereof Without limiting the generality of this paragraph, the Contractor shall specifically comply with the following requirements of this section. 16.1.1 Licenses and Similar Authorizations. The Contra , t no expense to the City, shall secure and maintain in full for and effect during the term of this Agreement all required license pe . s, and similar legal authorizations, and comply with all require nts the If. 16 1.2 Taxes. The Contractor shall pay, bye elinquency, xe , levies, and assessments arising from its activiti d undertakin nder this Agreement; taxes levied on its,proo� rty, a �l ent and im rovements; and taxes on the Contractor' -inhere this Ag @ement. 16.1 3 Use of Recycled Conte aper. �wContra r shall, whenever practicable, use recycled co'h!ent aper o documents submitted to the City. 17. Contractual Relationship, is Agreemep does nstitute the Contractor as an agent or legal representa ive the Cit .,lor an purpose whatsoever, and the relationship of the Cont ctor to the C ty by reasb .of this Agreement shall be that of an independent contractor! The Co tra° is not anted any express or implied right or authority to as or create a �obliga a9n or, responsibility on behalf of or in the name ._ of the City, or toy rid the Cit= n any manner or thing whatsoever Both parties, m the performance ofh Agreemen4�,�will be acting in their individual capacities and not as agents, employee partners, i -ventures or associates of one another. The employeesubco actors, or age s of one party shall not be deemed or construed to be the employde s s, or agents of the other party for any purpose whalftever. The on shall ensure that all Contractor's employees, contractors, and agents are properly trained and fully equipped to perform their ssignea, asks. 18. ri ination. 18.1 the j ng of employees for the performance of work under this Agreement or an 6u -contract, the Contractor, its sub-contractors, or any person acting on be -alf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. 18.2 Contractor shall execute the City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the Compliance Statement, which are all attached and incorporated as Exhibit "D " Emergency and Basic Life Support Ambulance Services Agreement- 17 (Apn125,2005) 19. Assignment and Subcontracting. The Contractor shall not assign or subcontract any of its obligations under this Agreement without the City's prior written consent. The City's written consent may be granted or withheld in the City's sole discretion. Any subcontract made by the Contractor shall incorporate by reference all the terms of this Agreement The Contractor shall ensure that all subcontractors comply with the obligations and requirements of this Agreement. The City's consent to any assignment or subcontract shall not release the Contractor from liability under this Agreement, or from any obligation to be performed under this Agreement, whether occurring before or after such consent, assignment, or subcontract. 20. Amendments. No modification or amendment of the pro ons hereof shall be effective unless in writing and signed by authorized rep e a 'ves of the parties hereto. The parties hereto expressly reserve the right to odify greement, from time to time, by mutual agreement 21. Executory Agreement. This Agreement will not be c i ered valid u igned by both parties. 22. Binding Effect. The provisions, covenan and co tions in t geement apply to bind the parties, their legal heirs, represe`n�atives, su essQ and assigns. 23. Applicable Law. This Agreement=s�all be cons rued an nterpreted in accordance with the laws of the State of Waishingto The venu of y action brought hereunder shall be in the Superior Cou ing Court 24. Remedies Cumulative Remedi nder thi grbement are cumulative; the use of one remedy shall not4Pb� aken to _c or waive the right to use another. 25. Captions. The s of se _ are for c , enience only and do not define or limit the contents. 26. Severabi y term or pr sion of this Agreement shall, to any extent, be determined by a`�cou� I,'.co ent jurisdiction to be invalid or unenforceable, the re;?ter of this A semenf�-ail not be affected thereby, and each term and provision is A reement sh II be valid and enforceable to the fullest extent permitted by law. 27. , aiver ov na erm, or condition or the breach thereof shall be deemed waived, e e y writte c sent of the party against whom the waiver is claimed, and any wain - f the bre ch of any covenant, term, or condition shall not be deemed to be a waiver ova y preceding or succeeding breach of the same or any other covenant, term, or conditi Acceptance by the City of any performance by Contractor after the time the same all have become due shall not constitute a waiver by the City of the breach or default of any covenant, term, or condition unless otherwise expressly agreed to by the City in writing. 28. Entire Agreement. This document, along with any exhibits and attachments, constitutes the entire agreement between the parties with respect to the scope of work herein. No verbal agreements or conversations between any officer, agent, associate, or employee of the City and any officer, agency, employee, or associate of the Contractor prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement. Emergency and Basic Life Support Ambulance Services Agreement-18 (Apnl25,2005) i 29. Negotiated Agreement. The parties to this Agreement acknowledge that it is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof. 30. Breach of Agreement. The City considers any breach of the Agreement serious and will seek remedies commensurate with the severity and mag-Aide of the event. Remedies could include but are not limited to corrective meas r�s, liquidated damages, probation or suspension, or termination of the Agreement. a intent and desire of the City to maintain a good working relationship with the - ntractor While at the same time ensuring service to the community '04'\ 31. Addresses for Notices. All notices to be delive hereu shall be ' writing and shall be delivered or mailed to the following a& ess Ar If to City: if to Contra Fire Chief t Kent Fire Department j 24611 116 Ave SE Kent WA 98030 �; �P and to: an EMS Officer Kent Fire De 5art t 24611 110 Ave S EN, E Kent W1� 98030 � or such othe re p ctive addresses a�ay be specified herein or as either party may, from time-to �_.esignate in wri . .,. . 10V T. 32. Df utes. Any disputes o misunderstandings that may arise under this Agreement oncernl the Contractor's performance shall first be resolved through amicable t e.gotiati if posy 4 between the Contractor's Protect Manager and the City's Con1:46 Administrator, or if necessary shall be referred to the Fire Chief and the Contr or's sent executive(s). If such officials do not agree upon a decision within a reason _ e period of time, the parties may pursue other legal means to resolve such disputes, l ltading but not limited to alternate dispute resolution processes. 33. Authori Each party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter Into this Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. Emergency and Basic Life Support Ambulance Services Agreement-19 (Apnl 25,2005) IN WITNESS WHEREOF, the City and Contractor have caused this Agreement to be executed. CITY: CONTRACTOR: City of Kent By: By: Print Name: Jim White Print Name: Its: Mayor Its Date: Date: dook N -,%L � Approved as to form: Approve a orm: By: Arthur"Pat" Fitzpatrick rint Na Its: Deputy City Attorney rraRr�s�w.orea.rwey�.i+,e.ia«n.v.soe T Emergency and Basic Life Support Ambulance Services Agreement•20 (Apnl 25,2005) i EXHIBIT A Primary Coverage Area iThe City of Kent provides emergency medical response to the areas within the city limits of Kent and the area served by King County Fire District No. 37. For purposes of the Emergency and Basic Life Support Ambulance Services Agreement between Co Factor and the City ("Agreement"), this service area has been divided into an east section a west section. East Section: The east section shall be defined as that area includin 100 Avenue and the area 1 east of 100t" Avenue SE extending from the north rn limits to thesouthem city limits; provided that in areas where 100th Avenue SE dea -e ds or does exist, the east section shall be defined as if 100th Ave exten uninterrupted from the northern city limits to the southern city limits West Section: The west section shall be defined t area i ailing 10 Avenue SE and the area west of 1601"' Avenue SE extending from_ the no city limits to the southern city limits; provided, that in areas w e 100t" Avenue SEdead-ends or does not exist, the west section shall be defined a 100" Av e S extended uninterrupted from the northern city limits tot southern cl limits The attached map, whicl s inc fat into th Exhibit A, accurately sets forth the east and west sections. The parxibs recogniz& hat there is;dual coverage on 100th Avenue SE The City will make a good faith effo to appori calls that originate on the east side of 100th Avenue SE to the East SectiQ,.and Its that origin144' In the west side of 100"' Avenue SE to the West Section i Exhibit A PRIMARY COVERAGE AREA,I (Emergency and Basic Life Support Ambulance Services Agreement)) EXHIBIT B Kent City Code Ch. 5.11 Ch. 5.11 KCC -AMBULANCES KCC § 5.11.010. Purpose. The city council declared it to be in the public interest and for the protection of the health, safety and welfare of the residents of the cit nd its environs to provide for the highest level of emergency medical services reasona practicable. The city council finds it to be in the public interest to provide for the inspectio elation and control of emergency medical services to achieve high standards and there E to e inate inadequate, improper and harmful practices that may endanger the health a fety o ' eople. The city council also designates the chief of the fire department as th , 's representa I, with respect to matters of emergency medical services and the coordina ion�o ealth care ise collate with the fire department provision of emergency medical servic ealth care ices and i transport. Such issues include but are not limited to t,_hef'rre depa t responsibilities to be the city's prime provider of emergency medical seniices afong with aced health care and transportation issues which must be coordinatedto deliver-our,,o,erall qua ty of emergency medical services (Advanced Life Support, B sic i -Su porf an relationships with related health care providers). KCC § 5.11.020. Definitions. As.09s4d-in this c a ter, the b owing words and phrases shall have the following meaning unless the context clearl 'requiresotherwise: Washington State for the tra sportatio� patientsy"'vvho are sick, injured or otherwise incapacitated. P Aid unit mean y public ned vehie a that is especially designed, constructed, equipped, maintained, u ed and license by the state of Washington to primarily deliver emergency medical erso nel and equipment to an emergency scene An aid unit has limited means to transport p -JY1 9 are sick injured or otherwise incapacitated. This specifically relates to K t fire depa ment-egigne id apparatus. hulao ce attendan eans any trained or otherwise qualified individual responsible for the o u ration an ambul nce and the care of the patients, whether or not the medical atte dam. Is a es a - river, who is the holder of a valid certificate issued under this chapter. Ambul parry means any person corporation or other legal entity who operates an ambulance forijre. Business license or license means a license to operate an ambulance company within the city. Business license clerk means such city employees or agents as the mayor shall designate to issue and administer business licenses under this chapter, or any designee thereof. City means City of Kent. Exhibit B CH. 5.11 KCC-AMBULANCES -1 (Emergency and Basic Life Support Ambulance Sendces Agreement)) City clerk means the city clerk of the city of Kent designated as the official keeper of records. Fire department or department means the fire department of the city. Fire ofcial means the fire chief or the fire chiefs designee to perform the duties provided for in this chapter. Patient means an individual who is sick, injured, wounded or of is incapacitated or helpless. Licensee means a person in whose name a license to o e to an lance company within the city has been issued as well as the individual listed an a plican't - e application for a license. Person means any individual, firm, joint ventur artners ssociatio , social club, fraternal organization, corporation, estate, trust, b a ess rust, receiv a y other group or combination acting as a unit. KCC § 5.11.030. Administration of licensin The ess lice clerk, subject to a review and recommendation from the fire officia respons_ ie for uing, denying, revoking, renewing, suspending, and cancehn usines enses t e a e aid ambulance company within the city. The fire official is respo sible forascertaini ether a proposed application complies with all the requirem nts en rated and all other applicable codes and regulations now in effect or a amende o 'enacted 'equent to the effective date of this chapter. The fire official Efs make I cessa, investigations and inspections for enforcement of this chap KCC § 5.11.040. Con Lions of a inessli3cense. The fire official is responsible for ascertaining whet. a p posed applica complies with all the requirements enumerated herein and all pt er, . : encodes an egulations now in effect or as amended or enacted subsequent o the effectives'ctaf "°o chapter. The fire official shall make all necessary investigatioMarid mspectio°s fore rcement of this chapter As a condition of issuance of a busine S^ icens , the operat of ea h ambulance company consents to the following: e re o ici hall be permitted to make regular inspections of any ambulance companylMbp rating under a business license issued, at all reasonable hours, th or Wiffout advance notice, upon the presentation of appropriate credentials thorized representative of the company, and shall make such reports re a to conditions existing at such times and in such manner as the fire official m direct. 2. The fire official is given authority to determine whether and to what extent an ambulance rotation list, fire department units, sole contract/franchise approach or a mix of the above will be utilized to transport patients from an emergency medical scene The fire official is authorized to establish procedures, guidelines and contracts for implementing the above mentioned approaches for emergency medical service transport Exhibit B CH. 5.11 KCC-AMBULANCES-2 (Emergency and Basic Life Support Ambulance Services Agreement) 3. The fire official shall be the final authority to determine if an ambulance company should be added to or removed from the fire department rotation list. 4. It is recognized that the fire department currently transports patients where it serves the interest of the public. The fire official shall determine the distribution of transportation responsibilities as it relates to calls within the scope of the fire department's responsibilities. 5. Further, the fire department is authorized to provide trans p preventative and cooperative medical services to serve the interests and ds of our citizens. It is recognized that this may be done in conjunctio other health care providers in order to manage the risk to our citize an control the rate of growth in the demand for EMS services. 6. It is understood that a significant expansion o se aces shall be r t?wed by city administration and any significant additional progra sts are subj to council approval. 7. In the future, if it is determined that^would. se a the rests of the city to provide ALS services in lieu of tcou ire o epartment shall be designated as the provider a /or coordinator of AL ervices. Such a program change would be subject tore and app val of t mayor and city council KCC § 5.11.050. Response criteria. A. The city shall be the`fir respoo e - ider emergency medical services (EMS). Ambulance comp hies receiving a dire egdest for EMS services shall notify the fire department's 9 communications cent`immediately so that a fire department first response can be -nitiated. -Diet-only exception to this requirement shall be for the transport o-stable atients from Y ) medical facility to another and routine medical transpo.rt's'an B. T -1 system mu st be vated for all pre-hospital EMS primary examinations and stabl patient car le I C. d en sha establish ambulance response criteria and make such criteria knte o each a balance company at the time of application and renewal of business , license - pplica i for a business license does not automatically qualify an ambulance compan n the rotation list for the fire department for ambulance services. D. Each am lance company shall submit a response report quarterly or on demand of the fire official outlining compliance with the response criteria. KCC § 5.11.060. Business license required for each ambulance company. Every person who operates an ambulance company within the city shall be required to obtain a business license from the business license clerk. An ambulance company operates within the city if it is A. Stationed within the corporate limits of the city; or Exhibit B CH.5.11 KCC-AMBULANCES-3 (Emergency and Bask Life Support Ambulance Services Agreement) i B. Dispatched from within or without the corporate limits of the city and repeatedly or customarily makes trips for hire within the city to pick up injured or sick fares; or C. Making any trips into the city for hire to pick up injured or sick fares after occasional or repeated advertising, within the city, for such service. The business license shall be renewed on an annual basis. The business license clerk shall not issue such business license unless the applicant has fulfilled all require is of this chapter and any applicable provisions of the state law relating to personnel, e e and operations including but not limited to Chapter 18.73 RCW and Chapter 246-976 as now or hereafter amended. Provided, that the provisions of this chapter shall not a t ambulance which shall pass through the city in the delivery of fares picked up at ints b d the corporate limits of the city. KCC § 5.11.070. Application for business license Co. A. Application for a business license to op a an a I e co y shall be made upon forms provided by the city and s con 1. Name, home address and t ne num f the a•plicant; 2. Business name and h the a lance copany will be operated within the city, and business addre d telep num er; 3. The number of a ulance o Iiitially aced in service within the city, 4. The nu m of licen mbulanc :a tendants initially to be employed; 5. A r Ater of mbulances t .used in the city with proof that each ambulance is en i d as an am lance by the state of Washington; 6. roster of rtifie bulance attendants with proof that each attendant is urrently cert ied a an emergency medical technician (EMT) by the state of hington (i I ding certification expiration date); i7. roof tha ulances and personnel are verified trauma providers as provided Chap 46-976 WAC; 8. Ce cate of insurance as required by the city; and 9. The schedule of rates. B. Prior to the issuance of a business license, the application and all pertinent records shall be reviewed by the fire official to ensure compliance with the license requirements under this chapter, as well as, any rules or regulations referenced herein or issued hereunder. Upon written approval of the application by the fire chief or the chiefs designee and the payment of fees, the business license clerk shall issue an ambulance operator's business license. All equipment proposed for use shall be subjected to random Exhibit B CH. 5.11 KCC-AMBULANCES-4 (Emergency and Basic Life Support Ambulance Sennces Agreement) inspection by the designated fire official, who shall determine whether said records and equipment conform to all the requirements of this chapter. C. Business license fee. The business license fee schedule for issuance and renewal of business licenses under this chapter shall be that currently charged for general business licenses under Ch. 5.01 KCC until such time as the city council may, by resolution, modify the fee schedule. KCC § 5.11.080. License renewal. The business license clerks m it the forms for application of business license renewals to business enterprises in t to the last address provided to the director by the licensee. Failure of the business ente pn receive any such form shall not excuse the business enterprise from making a pl cation d securing the required license or renewal, or for payment of the license fee n and as du under. KCC § 6.11.090. Licenses not transferable. No busin icense i d under a provisions of this chapter shall be transferable or assignabl finless I erwise p cific Ily provided for; except that a license may be transferred when y sine c are its s ure of ownership, provided, however, that a new license shallIbusines req upntlrta s s antia hange of ownership whereby those primarily accountable for ,Wave chanted or upon a substantial change in the type of business operated, by the p mary bu iness being conducted has significantly changed. KCC § 5.11.100. Denial, revo tion or s nsion siness license. A. Grounds The iss,ance siness nse to operate an ambulance company may be denied, or su license abbe suspended or revoked by the business license clerk, upon the recomm dation of ttfidesignated fire official when the public interest will be served the eb , up any of the Nio ,t�'ig grounds: 1. The license ,ured by fraud, false representation, or material omission of act, or for t viol at of or failure to comply with any of the provisions of this chapter by th person holding such license, or any of his servants, agents, or ena loyees, w ' acting within the scope of their employment; or 2. he licen a iolates any applicable city, state, or federal law, or the purpose for v� ich t icense was issued is being abused to the detriment of the public, or s nse is being used for a purpose different from that for which it was iss ; or 3. Overcharging of customer rates set forth in the company's schedule of rates filed with the city clerk or fraudulent billing, or 4. Failure to maintain ambulances and equipment to the standards set forth in Chapter 246-976 WAC; or 5. Repeated complaints by citizens of poor customer service such as rudeness, misrepresentation, unprofessional behavior, etc. Exhibit B CH. 5.11 KCC-AMBULANCES-5 (Emergency and Basic Life Support Ambulance Services Agreement) B. Suspension and revocation. A business license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes, or regulations are found, the license shall be suspended for a period of thirty (30) days upon the first such violation, ninety (90) days upon the second violation within a twenty-four (24) month period, and revoked for a third and subsequent violation within a twenty-four (24) month period, not including periods of suspension, except that where the fire official finds that any situation exists in licensee's operations which constitutes a threat of immediate serious injury or damage to persons or pr rty, the business license clerk may immediately suspend any license issued under s c apter, pending a hearing in accordance with this section. The business licens shall issue a notice setting forth the basis for the action and the facts that co ut reat of immediate serious injury or damage to persons or property. C. Notice. Except when a business license is imme is suspended - forth in subparagraph (B) above, the business license clerk shall 'de at least t 10) days' prior written notice to the licensee of the de ' o sus p or revok - the license. Such notice shall inform the licensee of th ight t peal th isi n to the hearing examiner and shall state the effective of suc revocation uspension under grounds for revocation or suspension. a e I at fie ae is sus ension or revocation of a business license shall be ma within (30) da of notice of such denial, suspension or revocation. Such a , shall ocess pursuant to the hearing procedures set forth in Ch. 2.3 CC. T earing a shall set a date for hearing such appeal, to take place)w"t forty- 1 5) day the date of the receipt of the notice of appeal unless such ti exten mu t al consent. At such hearing, the appellant and any oth intereste sons m appear and be heard, subject to the rules and regulations,;c heari a 'ner. TJae decision of the business license clerk r shall be stayed during the a cy o appeal to the hearing examiner and during any appeal unfpe I the hcens as immediately suspended pursuant to subparagraph (B) above. IF I D. Final ad r ) 'rafi review. Appea to the hearing examiner shall constitute final admi istrative re I E. eal to superior urt. A appeal of the decision of the hearing examiner must be filled with a s pedc&cpurt within thirty (30) calendar days from the date the hearing mi eci 'on s personally served upon or was mailed to the person to whom the_ ' ce of den , uspension or revocation was directed or is thereafter barred KCC § 5.11.1 1 rance and identification. No ambulance operator's business license ' shall be issued, shall such license be valid after issuance, nor shall any ambulance be operated in the city, unless the operator maintains a policy or policies of insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of activities associated with the operation of the ambulance company. Such insurance shall name the city as an additional insured. The ambulance company shall also indemnify and hold the city harmless from any causes of action arising from the operation 1 of the ambulance company. The minimum scope and limits of coverage shall be set by the city's risk manager or other person designated by the mayor. Evidence of such insurance shall accompany the application for license and shall be maintained on a continuous basis through subsequent license renewal periods. Exhibit B CH, 5.11 KCC-AMBULANCES,6 (Emergency and Basic Late Support Ambulance Seances Agreement) 1 KCC § 5.11.120. State license and standards and requirements. All ambulances operating in the city must be licensed by the state and must meet the standards and requirements set forth in Chapter 246-976 WAC, as now or hereafter amended. Proof of a state license as a transport ambulance must be provided with any application for a city business license for each transport vehicle. i KCC § 5.11.130. Ambulance attendants. Each ambulance company shall have, for each ambulance in service, on duty and available for immediate response o (2) ambulance attendants who are currently certified as emergency medical technicia M , as provided in Chapter 246-976 WAC. A certificate of license shall be carried he person of each ambulance attendant while on duty. KCC § 5.11.140. Verification. Any ambulance compa o rating in the st be a verified trauma provider and must meet the requirements for nnel and a pment as required in Chapter 246-976 WAC for trauma pr The ulance co pany must specifically be authorized to act as a trauma provider by the attle/King °° u y trauma council or successor. KCC § 5.11.150. Rates to be filed. EadAulance c pan y app ing for a business license or renewal of license pursuant to this iapte s at the ti filing its application therefor, file with the city clerk its schedule 9#rakes to be`charged for services during the license period for which application is made. S ch sch" Ile or rates s,,all be a matter of public record open to public inspection in the city cle 's office wring normal"y business hours and such schedule must be adhered to by the licensee throu - ou'th peno for which the license is issued. KCC § 5.11.160. Comm ity events hen an ambulance company is contracted to provide emergency medi stan y (i.e., 10K�FOWRuns, etc ) by community event promoters, the following conditions s 1. he ambula a corn y shall notify the fire official in writing fourteen (14) days p for to the to of a event, or as soon to the event as reasonably possible, st ' g the da ime and scope of standby responsibilities. 2. Ambulan companies engaging in standby activities shall notify the fire Liseart s 9-1-1 communications center immediately on all advanced life ife threatening or significant basic life support calls as required pursuant , to section (3). Calls will be considered significant based upon extent of injiry/illness or when there are multiple patients (more than three (3)). 3. Ambulance company standby for handling basic life support calls must obtain prior approval and parameters for care set by the fire official. 4. All EMS activity provided by the ambulance company at such events shall be documented and a report forwarded to the fire official within one (1) week subsequent to the completion of the event. Exhibit B CH. 5.11 KCC-AMBULANCES-7 (Emergency and Basic Life Support Ambulance Senoces Agreement) KCC § 5.11.170. Violations — Penalties — Misdemeanor. In addition to other remedies provided for in this chapter, any person who operates an ambulance company within the city without a business license as required in KCC 5.11 060 above, shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than ninety (90) days, or by both such find and imprisonment at each and every day during which any violation is committed, continued or permitted, shall be deemed a separate offense. 1 KCC § 5.11.180. Additional enforcement. The remedies found i is hapter are not exclusive. The city may seek any other legal or equitable reliefcJ , i jjdg but not limited to enjoining any acts or practices which constitute or will constitute vioat of any business license, ordinance, or other regulations herein adopted. -END- i 1 t - Exhibit B CH, 5.11 KCC-AMBULANCES-8 (Emergency and Basic Life Support Ambulance Services Agreement) t EXHIBIT C INSURANCE REQUIREMENT Indemnification / Hold Harmless Contractor shall defend, indemnify and hold the City of Kent, its officers f cials, employees and volunteers harmless from any and all claims, injuries, damages, I es or suits Including attorney fees, arising out of or resulting from the acts, errors or omsl of the Contractor in performance of this Agreement, except for injuries and damages ca e e sole negligence of the City. Insurance The Contractor shall procure and maintain for the d o fi tY he Agree ent, insurance against claims for injuries to persons or damage to prope which ma arise froR,o A connection with the performance of the work hereunder by tie' ontract ;; ts' a ents representatives, or employees. A. Minimum Scope of Insuran Contractor shall obtain i urance o e types r' ed below: j 1. Automobile Li nsuran e , ring I owned, non-owned, hired and leased vehicles overag skzlalfe wntteFo nsurance Services Office (ISO) form CA 00 01 or�substitute or providing equivalent liability coverage. If necessary, the p licy s all be endorsed to provide contractual liability coverage. 2. cia.- eneral Liabili insurance shall be written on ISO occurrence form CG 00 01ridsi; tic liability arising from premises, operations, independent ontractors a d persq�a injury and advertising injury. The City shall be named as an insure under"�the Contractor's Commercial General Liability insurance p icy with re ect to the work performed for the City. xcess L�abil insurance covering both the Commercial General Liability and utomob' =policies. with limits not less than $4,000,000 in excess of the limits t d a e. 4. Wo ers' Compensation coverage as required by the Industrial Insurance laws of 1 the State of Washington. 5. Professional Liability insurance appropriate to the Contractor's profession. Exhibit C INSURANCE-1 (Emergency and Basic Life Support Ambulance Services Agreement) EXHIBIT C (Continued) B. Minimum Amounts of Insurance LContractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined le limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be wri i limits no less than $1,000,000 each occurrence, $2,000,000 general a regat 3. Excess Liability insurance shall be written witl; s no less tha ,000�000 per occurrence in excess of both the CGL and Auto Lia i it policies cite ' Bove. 4. Professional Liability insurance sha ritten limits no less than $1,000,000 per claim and $1,0010 00 policy aggregate Iim): C. Other Insurance Provisions The insurance policies are to co: tain, or endorse o tain, the following provisions for Automobile Liability, Piro essional �Ability an r, ommercial General Liability insurance: 1. The Contrac suranc ge s be primary insurance as respect the City. Any ' sura ,,,sel -insure of insurance pool coverage maintained by the City II be ezc s of the Cron ractor's insurance and shall not contribute with ft. 2. �r�3r r s insurance Aall be endorsed to state that coverage shall not be cancelled~ bier pa except after thirty (30) days prior written notice by Icertified mail etum rec ipt requested, has been given to the City. D. ept o Ins Ins a is to placed with insurers with a current A M Best rating of not less than ANIL 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. Evidence of Insurance - The following documents must be provided as evidence of insurance coverage: Exhibit C I INSURANCE-2 (Emergency and Basic Life Support Ambufence Services Agreement' EXHIBIT C (Continued) t A. A copy of the policy's declarations pages, showing the Insuring Company, policy t effective dates, limits of liability and the Schedule of Forms and Endorsements. The City reserves the right to require a copy or certified copy of said policy or policies including all forms and endorsements attached B. A copy of the endorsement naming the City of Kent as an Additional Insured (excluding Professional Liability Insurance), showing the : icy number, and signed by an authorized representative of the insura co pany on Form CG2026 (ISO) or equivalent. C. A copy of the "Endorsements Form List" to a olicy olicies showing endorsements issued on the policy, and in Ming any co a -specific or manuscript endorsements. D. A copy of an endorsement stating tha overage vided by his policy to the City or any other named ins ed sh41'� not be er, inated, reduced or otherwise materially changed witrovidin st fo e (45) days prior written notice to the City of Kea E. A copy of a "Separatio o sureds" "Sever ility of Interests" clause, indicating essentially th excep�i-th resp h limits of insurance, and any rights or duties speclfiba1i assigned'z_t the fir� named insured, this insurance applies as if each name`tl, red wer a rfy named insured, and separately to each insure gainst w claim i de or suit is brought (Commercial General Liab V,Business A obile ability Insurance). i Exhibit C INSURANCE-3 (Emergency and Basic Lde Support Ambulance Services Agreement) EXHIBIT D r 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 d s necessary for any contractor, subcontractor or supplier on this specific Agreement t d to. An affirmative response is required on all of the following questions for this Agr e ,ent to alid and binding. If any contractor, subcontractor or supplier willfully misreprese the selves'with regard to the directives outlines, it will be considered a breach of contr d it will be at C' y's sole determination regarding suspension or termination for all or part of Agreement; The questions are as follows: 1. I have read the attached City of Kent admi lstrative Tnber . 2. During the time of this Agreemen not dis hate in ployment on the basis of sex, race, color, national origin age, or he presence,of al sensory, mental or physical disability. 3. During the time of this greemen - prime btor will provide a written statement to all new employees ubcon indicat commitment as an equal opportunity employer. 4. During the time o I e Agreem - the p me contractor, will actively consider hiring and promotion o wom and minonti 5. Before accepta n rs Ag a ent, an adherence statement will be signed by me, the Pri ontractor, t t th'e`P Contractor complied with the requirements as set forth ve. By bel gre to l I the five requirements referenced above. rDated this day of 2004. r B, For: rTitle: I Date: r Exhibit D I EEO DOCUMENTS-1 (Emergency and Basic We Support Ambulance Sennces Agreement) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, , 1998 Ak SUBJECT: MINORITY AND WOMEN EDES: April 1, 1996 l CONTRACTORS A ROV , BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the C Kent 4conform t ederal and state laws. All contractors, subcontractors, con an nd supp�s of the City must guarantee equal employment opportunity withinPth it organ a_ f and, if, holding Agreements with the City amounting to $10,000 or more wit I ny mx take the following affirmative steps: 1. Provide a written statem t to a w emp s a subcontractors indicating commitment as , a to I ploye . 2. Actively conside or promo and ad ent available minorities and women. Any contractor, subcop actor, Itant or plier who willfully disregards the City's nondiscrimination and eq al opportu equirements shall be considered in breach of contract and subject to sus nsion r terminatio I or part of the Agreement. Contract Com lance a anted by the Directors of Planning, Parks, and Public Works De aAfAcents to ass , et fo owing duties for their respective departments. , 1. nsurin hat contra ors, subcontractors, consultants, and suppliers subject to these ulati s are f mili ith the regulations and the City's equal employment opportunity p 2. Monito to ure adherence to federal, state and local laws, policies and guidelines. ' Map (Emergency and Basic Life Support Ambulance Services Agreement) i 1 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Joe Company, hereby acknowledge and declare that the before-me do ted co was the prime contractor for the Agreement known as that was entered into on a e), betweemmlKn a firm I represent and the City of Kent. I declare that 1 complied fully with all of require is and ob gations as outlined in the City of Kent Administrative Polic 1.2 a e Dec at on a tty of Kent Equal Employment Opportunity Policy tha s part o e befor : entioned Agreement. Dated this da , 2004. By: A. 10 For: ir" "tea Titl Date: map Emergency and Bask Life Support Ambulance Services Agreement) r AMBULANCE RESPONSE AREAS n� � N ( N r G 9.tb.77 fyw 5 Tri-Med(West) AMR(East) 100 Av. SE. Dividing Line i i r r r ((Emergency and Basic Life Support Ambulance Servkes Agreement) Kent City Council Meeting Date May 3, 2005 Category Consent Calendar 1. SUBJECT: ORDINANCE AMENDING KENT CITY CODE 9.01.010, EMERGENCY MANAGEMENT ORGANIZATION—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. amending Sec. 9.01.010 of the Kent City Code entitled `Emergency management organization— established," in order to remove the limitation that the City's emergency management organization perform duties only within the City of Kent. At the time the City adopted KCC 9.01.010 in 1986, it opted to perform emergency management functions only within the jurisdictional limits of the City. When a disaster occurs, however, it is generally not a localized event. In order to provide an effective and efficient response, it is often necessary for us to work with regional partners. Therefore, it is appropriate to amend KCC 9.01.010 to remove the jurisdictional limit with respect to Kent's emergency management duties. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety Committee 4/21/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ I 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J ' ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.01.010 of the Kent City Code entitled "Emergency management organization — Established," in order to remove the limitation that the City's emergency management organization perform duties only within the City of Kent. RECITALS rA. RCW 38.52.070 provides that political subdivisions of the state may create organizations to perform emergency management functions. In response to that statute, the City adopted existing Kent City Code sections 9.01.010 through 9.01.030 on April 7, 1986. At the time those code provisions were adopted, the City opted to perform emergency management functions only within the jurisdictional limits of the I City. B. However, since 1986, the state legislature has amended RCW 38.52.070 clarifying that cities and other Washington political subdivisions may join forces to undertake joint emergency management efforts. In addition, the City has also taken a regional role with respect emergency management and, therefore, it is appropriate to amend KCC 9.01.010 to remove the jurisdictional limit with respect to its duties. INOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: l Emergency Management— Amend KCC 9.01.010 I t ORDINANCE SECTION 1. - Amendment. Section 9.01.010 of the Kent City Code is amended as follows: Sec. 9.01.010. Emergency management organization - Established. Pursuant to RCW 38.52.005 et seq., there is hereby established in the City an , emergency management organization for the purpose of performing leeal-emergency services functions in support of city operations. or-gam ien shall represefA erily the city and shall peif-orm its fune4ions only within --_ !eit)- SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same ' shall remain in full force and effect. SECTION 3. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. t JIM WHITE, MAYOR ATTEST: r BRENDA JACOBER, CITY CLERK 2 Emergency Management— Amend KCC 9.01.010 r 1 APPROVED AS TO FORM: ITOM BRUBAKER, CITY ATTORNEY PASSED: day of May,2005. 1 APPROVED: day of May,2005. PUBLISHED: day of May,2005. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the rMayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 1 r i 3 Emergency Management— Amend XCC 9.01.010 r r rKent City Council Meeting Date_ May 3, 2005 Category Consent Calendar 1. SUBJECT: NATIONAL INCIDENT MANAGEMENT SYSTEM RESOLUTION —ADOPT 2. SUMMARY STATEMENT: Adoption of Resolution No. adopting the National Incident Management System. The Department of Homeland Security recently adopted a National Incident Management System. A component of this system required federal, state, local and tribal agencies adopt the system in order to coordinate efforts. The City recognizes the importance of this standardized system and desires to adopt the National Incident Management System. Because the actual system is in excess of 150 pages, a copy is not included within the City Council packet but is available for review in either the City Council's office or the City Clerk's office. 3. EXHIBITS: Resolution , r 4. RECOMMENDED BY: Public Safety Committee 4/21/05 f (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds r t DISCUSSION: ACTION: Council Agenda Item No. 6K ' RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to the adoption of the ! National Incident Management System. RECITALS A. The City of Kent currently uses the Incident Command System, as ' referenced in the Department of Homeland Security's National Incident Management System. 1 B. As a component of the National Incident Management System, the 1 Department of Homeland Security requires that federal, state, local, and tribal agencies adopt the system in order for these agencies and their personnel to coordinate efforts to effectively and efficiently provide the highest levels of incident command in the event of a homeland security emergency, whether related to acts of terrorism or natural, man- made, or technological disasters. ' C. The City of Kent recognizes the need for a single, standardized incident management system to be used by all government agencies and disciplines in the event ' of an emergency and desires to adopt the National Incident Management System. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: I National Incident Management System-Adopt RESOLUTION SECTION I. —National Incident Management System—Adopted. The City of Kent adopts the National Incident Management System, a copy of which shall remain , on file with the City Clerk's Office, which shall be used by Emergency Response Provider personnel for all homeland security incidents and drills whether related to acts ' of terrorism or natural, man-made, or technological disasters. SECTION 2. — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. —Rati ication. Any act consistent with the authority and prior to , the effective date of this resolution is hereby ratified and affirmed. SECTION 4. —.Effective Date. This resolution shall take effect and be in force , immediately upon its passage. , PASSED at a regular open public meeting by the City Council of the City of , Kent,Washington,this day of May,2005. CONCURRED in by the Mayor of the City of Kent this day of May, ' 2005. , JIM WHITE, MAYOR ' 2 National Incident Management System-Adopt ' ATTEST: ' BRENDA JACOBER,CITY CLERK ' APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY ' I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington,the day of May,2005. BRENDA JACOBER,CITY CLERK 3 National Incident Management System-Adopt Kent City Council Meeting Date May 3, 2005 Category Consent Calendar ' 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT APPLICATION FOR PEDESTRIAN CROSSWALK VIOLATIONS — ACCEPT AND AMEND BUDGET ' 2. SUMMARY STATEMENT: Acceptance of a grant in the amount of$1,000 ' awarded by the Washington Traffic Safety Commission (WTSC) and authorize signing a memorandum of understanding. ' WTSC has awarded this grant to fund the enforcement of pedestrian crosswalk violations committed by pedestrians and drivers that lead to car/pedestrian traffic collisions. Statistical information will be developed to track the overall success of the ' program. The enforcement program encompasses the entire City during the month of April 2005. 3. EXHIBITS: Memorandum of Understanding between WTSC and Kent Police and Traffic Safety Pedestrian Patrol Work Plan 4. RECOMMENDED BY: Public Safety Committee 4/21/05 (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: Council Agenda Item No. 6L M1a6 stare c a� Sys lees�°Y MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION ' THIS AGREEMENT,pursuant to Chapter 39.34 RCW is made and entered into by and between The City of Kent,Washington Police Department and the Washington Traffic Safety COmmiSSIDn ' Hereinafter referred to as "Kent Police Department" and the WASHINGTON TRAFFIC SAFETY COMMISSION,hereinafter referred to as "WTSC". ' IT IS THE PURPOSE OF THIS AGREEMENT to assist WTSC in a project titled: "Traffic Safety Pedestrian Patrol Activity" IT IS,THEREFORE, MUTUALLY AGREED THAT: 1. Upon initial application,the Kent Police Department will submit a detailed work plan containing a schedule of planned activity;budget not to exceed$1,000.00 and an outcome based evaluation plan ' based on a past activity compared to proposed/estimated activity or goals. This project will begin on April 3,2005 and end not later than April 30,2005. 2. WTSC will provide written approval of the work plan and fund availability be ore activity begins. ' 3. Kent Police Department will perform pedestrian enforcement operations as outlined in an approved plan.. 4. Kent Police Department will submit for reimbursement in a timely manner(not to exceed 15 days past the final billed activity) All billings must be received by the WTSC no later than May 30,2005.Any request for reimbursement or billings received after May 30,2005 will not be honored by the WTSC Billings will include: ♦ Invoice Voucher, A19-IA Form (attached)Please note that we cannot accept a FAX We must have ' your agency identified as the "Claimant", a Federal Tax ID # and an original signature of the agency head,command officer or contracting officer on the A-19 form. ♦ Payroll support documents(signed OT slips,payroll documents,etc) ' ♦ Summary of activities ♦ Officer worksheets-attached(showing 5 or more self-initiated contacts team per hour) 5. Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the Washington Traffic Safety Commission, one representative from your agency and a mutually ' agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. 6. Either party may terminate this agreement upon(30) days written notice to the other party. In the event ' of termination of this agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. IN WITNESS WHEREOF,PARTIES HAVE EXECUTED THIS AGREEMENT. ' March 30,2005 Date Date/Washington Traffic Safety Commission Ed Crawford Return To: Lynn Drake Con ctin gent e WTSC POB 40944 ' Olympia,WA 98504-0944 Signature POLICE Traffic Safety Pedestrian Patrol Work Plan Ed Crawford Kent Washington -March 28, 2005 Chief of Police The Kent Police Department, in conjunction with the Washington State ' Traffic Safety Commission, is proposing to embark on a concerted and Sgt P.J Lowery targeted traffic enforcement program during April 2005. The focus of Traffic Division this program will be pedestrian crosswalk violations. The target of C.A.R. Squad enforcement will be those violations committed by pedestrians and Phone:253-856-5833 Fax:253-856-6802 drivers that lead to car— pedestrian traffic collisions. The enforcement program will operate through the month of April, 2005 and encompass 220 Fourth Ave S Kent WA 98032-5895 the incorporate the entire City. s plowery@ci kent.wa us The program anticipates 20 hours of dedicated enforcement time, to , augment regularly scheduled traffic enforcement patrols. The program will focus on those locations and times consistent with the greatest volume of pedestrian travel and violations. Historically, these have ' occurred along our major arterials, in and about transit stations, during both morning and evening commute hours. Additionally, the spring season brings with It larger crowds and longer hours around City parks ' facilities. These venues will also be included in our targeted areas. Targeted violations will include: ' ➢ Traffic control signal violations, ➢ Right of way violations pertaining to both pedestrians and ' vehicles, ➢ Failure to use crosswalks when provided (jaywalking), and ➢ Excessive vehicle speed at crosswalks and intersections. Tactics to be employed will include both moving and stationary patrols, as well as dedicated "pedestrian stings". Each of these tactics have been previously used by the Kent Police Department and brought ' about great success. It is anticipated that each officer will generate four (4) contacts per hour while assigned to this project, and statistical information will be developed to track the overall success of the ' program. For questions or further information regarding the Traffic Safety Pedestrian Patrol program, please contact Sergeant Pat Loweryof the Kent Police Department. ' Kent City Council Meeting Date May 3, 2005 Category-Consent Calendar ' 1. SUBJECT: SAFE HAVENS VISITATION AND EXCHANGE PROGRAM FEES —ESTABLISH BUDGET 2. SUMMARY STATEMENT: Establish a budget of$10,000 from intake fees for the Safe Havens Visitation Center and authorize expenditure of funds in the Safe Havens Visitation and Exchange Program Budget. The Safe Havens Visitation Center collects intake and visitation fees from each family using the services. The $10,000 in projected fees is budgeted for office supplies at $1,000 and program supplies at $9,000. 3. EXHIBITS: Fee schedule and payment agreement ' 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund H00010.4626 Amount $10,000.00 Unbudgeted Revenue: Fund H0001054690.4626 Amount $10,000.00 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ' ACTION: Council Agenda Item No. 6M Fee Schedule and Payment Agreement Intakes: A fee of$25.00 will be charged for each intake and will be payable at the time of the intake session. Each party is responsible for payment of their ' respective intake unless otherwise ordered by the court. Full or partial scholarships may available for qualifying clients. Visits: Visits will be charged by the hour and fees will be based upon the established sliding scale- $2.00 - $75.00 per hour. A copy of the previous year's tax return or other proof of income will be required and kept in client's file. ' Unless otherwise ordered by the court, the cost of services will be assigned to the visiting parent. If fees are to be split, separate hourly rates will be determined by each party's income level. Fees must be paid in advance of each visit. Failure to pay in time will result in cancellation of the next scheduled visit. Schedule Changes: There will be a fee of up to $10.00 for each requested ' schedule change, payable by the requesting party in advance of the next visit. Cancellation: Clients are required to give notice of cancellation 72 hours in advance of scheduled visit in order to receive refund or credit of fees paid. Full fee may be charged at the discretion of the Program Supervisor for any cancellations after the 72 hour mark. Court Appearances: There will be a fee of$75 per hour beginning with drive time for any and all court-ordered appearances by Center staff. The fee will be charged to the requesting party, payable upon completion of court appearance ' and prior to continuation of services. Methods of Payment: Cash, check, or money order are acceptable forms of payments. Payments may be made in person or mailed to arrive before the next scheduled visit. 1 understand all of the above financial policies and agree to adhere to them. After a review of my income, Safe Havens staff has determined the following hourly rate for visits (if applicable): Signature Date ' Witness Date 1 Sliding Fee Scale (Based on annual earnings) Income Hourly Rate for Hourly Rate 1-3 Children 4+Children $ 0- $15,000 $ 2 $2 $15,001 - $25,000 $ 5 $ 7.50 , $25,001 - $30,000 $10 $15 $30,001 - $35,000 $15 $22.50 $35,001 - $40,000 $20 $30 $40,001 - $45,000 $25 $37.50 $45,001 - $50,000 $32.50 $45, $50,001 - $55,000 $40 $55 $55,001 - $60,000 $47.50 $65 ' $60,001 + $55 $75 In this case, the visit fees will be paid by: Visiting parent__Residential parent Both parents , Hourly rate for visits will be $ for VP and/or$ for CP ' Type of income verification submitted: Previous year's tax return 3 recent pay stubs Award letter from Social Security or other public assistance program Other a Scholarship requested for intake fee? Yes No Amount awarded? Signature: Date: ' Kent City Council Meeting Date May 3, 2005 ' Category Consent Calendar 1. SUBJECT: SAFE HAVENS VISITATION AND EXCHANGE PROGRAM DONATIONS—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept donations totaling $1,766 and authorize the expenditure of funds for the Safe Havens Visitation and Exchange Program Budget. The attached list of donors have submitted a total of$1,766.00 to assist in the purchase ' of furnishings, equipment and supplies for the Safe Havens Visitation and Exchange Program that are not provided for by the Federal grant. 3. EXHIBITS: List of donations 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No-X If no: ' Unbudgeted Expense: Fund H00010.63110.4626 Amount $1,766.00 Unbudgeted Revenue: Fund H00010.56710 Amount $1,766.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds r DISCUSSION: ACTION: Council Agenda Item No. 6N Safe Havens Visitation Program Donations As of March 30, 2005 $250 - Kent Rotary Club for children's art supplies $500 -Washington State Bar Association for whatever we need it for $500 - St Stephen the Martyr Church for children's educational supplies $516- C ity of Kent, Wellness Committee, Poinsettia Sale ■ iKent City Council Meeting Date May 3, 2005 Category Consent Calendar 1. SUBJECT: EAST HILL COMMUNITY SKATE PARK MASTER PLAN— APPROVE 2. SUMMARY STATEMENT: Approve the East Hill Skate Park Master Plan. A new three-acre community park will be located at the southwest corner of South 240th Street and 116th Avenue SE on the east hill of Kent. Park amenities include skate/BMX flow and street areas, climbing pinnacle, climbing boulders, children's climbing area, picnic shelter/restroom building, trails, raised gardens, public art, and parking. Public meetings to develop the master plan were held on July 3, 2002, May 19, 2004 and March 2, 2005. �1 3. EXHIBITS: None i' 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 Kent CityCouncil Meeting g Date May 3, 2005 Category-Con sent Calendar 1. SUBJECT: GLENN NELSON PARK PROJECT— ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Glenn Nelson Park Project as complete. The park is located at Military Road and S. 268th Street. The renovation project included the addition of a new ADA pathway from the parking lot to the restrooms and play fields; new irrigation, fencing, dugouts, player benches, and bleachers were installed; and the old fields were replaced with new turf. Construction services for Glenn Nelson Park were provided by Clements Brothers, Inc. The project was inspected and accepted by the Project Manager on January 31, 2005. 3. EXHIBITS: Letter of acceptance 4. RECOMMENDED BY: Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6P PARKS, RECREATION& January 31, 2005 COMMUNITY SERVICES John Hodgson Director Tim Clements Clements Brothers, Inc. Fax 253-856-6050 0 Phone 253-856- PO Box 7964 05 Bonney Lake, WA 98390 220 Fourth Ave S Kent,WA 98032-5895 RE: Glenn Nelson Park Improvements Substantial Completion Dear Tim: After the walk-through and inspection of the improvements at Glenn Nelson Park, I am authorizing substantial completion of the play field and park improvements. Please provide the as-built plans by February 28, 2005. Then I will now close-out the project and accept it as complete effective as of January 31, 2005. The one-year warranty period on parts and labor will remain in effect through January 31, 2006. Please make sure that all necessary State documents have been completed and filed. If you have any questions, please call me at (253) 856-5115. Sincerely, Shane Gilbertson, Project Manager Parks Planning and Development C: John Hodgson, Director Parks, Recreation & Community Services Lori M. Flemm, Superintendent Parks Planning and Development Pam Baum, Project Accountant SMG/Jb :r! i tKent City Council Meeting Date May 3, 2005 Category Consent Calendar 1. SUBJECT: FIRST QUARTER FEE-IN-LIEU OF FUNDS —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the fee-in-lieu of funds from developers in the 1 amount of$26,632.50 and authorize the expenditure of funds in the 272nd Street Neighborhood Park and Tudor Square Park budgets. Between January and March 2005, the City received a total of$26,632.50 from three developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in three subdivisions. Silver Creek Development paid S12,000 for Silver Creek Estates, Sci Funding paid $8,625 for Wildwood Ridge One and East Hill Properties paid S6,007.50 for Henderson Short Plat. IOrdinance 2975 requires contractors to dedicate open space in proximity to new construction sites or to pay "fee-in-lieu" funds. The fee-in-lieu is based on assessed land values. 3. EXHIBITS: Copy of Finance Revenue Report 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20093 Amount $18,007.50 Unbudgeted Expense: Fund P20063 Amount $8,625 00 Unbudgeted Revenue: Fund P20013 56730 Amount $26,632.50 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION Council Agenda Item No. 6Q � @ � ( `bl in CL $ % � � ) \ \& 3» x O 0 ) in] K ; a \ f ƒ < ; � j% \ \ \ a� ` �« « SIG, zj © \ @ [§ / \ \ \ � z )�§ / � /aa ! % �) \ ( � 2 Gas & / / § g ; f I= = , ) / 2; » m 2.� � Kent City Council Meeting Date May 3, 2005 Category Consent Calendar 1. SUBJECT: SERVICE CLUB BALL PARK LIGHTING CONTRACT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement to furnish lighting equipment for Service Club Ball Park with Musco Lighting, LLC in the amount of$180,000, excluding Washington State Sales Tax, upon review of the agreement by the City Attorney's Office. Staff researched lighting suppliers and equipment for ball field lighting at the new Service Club Park. Musco Lighting, LLC was found to be a sole-source supplier of the desired pre-fabricated athletic field lighting fixtures, poles and bases for the project. In addition, Musco Lighting provided lighting at two other parks in the City and it would be cost effective to use the same supplier for all three parks, thereby eliminating the need to stock different parts in the event of repair or routine maintenance. The attached signed waiver is in accord with Kent City Code 3.70.080 as the lighting project qualifies as a single source condition. 3. EXHIBITS: Procurement waiver, City agreement with Musco Lighting, LLC 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: r Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R KENT W.,SHINOTON CITY OF KENT PARKS, RECREATION & COMMUNITY SERVICES MEMORANDUM TO: Mayor Jim White FROM: John M. Hodgso C: Mike Martin SUBJECT: Waiver of Procurement Requirements DATE: March 28,2005 REFERENCE: Section 3.70 080 Kent City Code Number 1.1.10 City of Kent Administration Policy PROJECT: Service Clubs Community Park FUNDING: REET The Parks Department, is asking for a written determination waiving the bidding requirements as allowed in the above referenced sections to purchase the field lighting system as provided by Musco Sports Lighting, LLC.The estimated cost of the Musco Light Structure System is $180,000 00 including delivery, but not including any applicable taxes The funding source is City of Kent BEET. We believe it is in the City's best interest to negotiate a purchase price directly with them.The Parks Department prefers Musco Sports Lighting, LLC as the field lighting supplier for this ball field complex because this system is currently being used in two other parks (Wilson Play Fields, and Russell Road Park) and has proven its ability to reduce light trespass onto neighboring properties. We also believe that by having one system as "standard" it would eliminate the need to stock several different suppliers parts (bulbs, ballast, etc)in the event of repair or routine maintenance. Musco Sports Lighting,LLC is a sole-source supplier of pre-fabricated athletic field lighting fixtures, poles,and bases.Although this project would normally go out to bid,the Parks Department requests a waiver of the City's procurement requirements in accordance with Section 3 70 080 of the Kent City Code. To the best of our knowledge, Musco Sports Lighting, LLC is a sole-source supplier of the I desired pre-fabricated athletic Feld lighting fixtures, poles, and bases The lighting equipment we wish to purchase is manufactured by Musco Sports Lighting, LLC and solely distributed by it. If you determine the procurement waiver is justified, and once the contract with Musco Sports Lighting, LLC is negotiated, ' will be submitted to the Parks Committee and the City Council for signature authorization. May, i Jim White Date Service Clubs Park 1 of 1 03/28/05 Lighting System Waiver CONTRACT THIS AGREEMENT, made in triplicate is entered into between the CITY OF KENT, a Washington Municipal Corporation ("City"), and MUSCO LIGHTING, LLC , a California Limited Liability Corporation("Contractor") located and doing business at 15311 Bananca Parkway, Irvine, California 92618, (800) 659-0117, (949) 754-0637 Hereinafter called the Contractor. WITNESS. In consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties agree as follows• 1. The Contractor shall do all work and furnish all tools, materials, and equipment for Service Clubs Park light poles, bases and fixtul es in accordance with and as described in the proposal dated 3130105 attached and incorporated as Exhibit A and shall perform any alterations in or additions to the work provided under this contract and every part thereof Unless otherwise directed by the City, work shall start within ten (10) days after Notice to Proceed and be completed in forty-five days The City shall suffer damages if said work is not completed within the time specified Therefore, the Contractor agrees to pay to the City liquidated damages in accordance with Section 1-08,9 of the Standard Specifications, as may be modified by the Kent Special Provisions. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the CITY OF KENT 2. The CITY OF KENT hereby promises and agrees with the Contractor to employ,and does employ the Contractor to provide the materials and to do and cause to be done the above - described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached Exhibit A, at the time and in the manner and upon the conditions provided for in this contract 1 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, 1 does her eby agree to the full per formance of all covenants herein contained upon the part of the Contractor. 4. It is furtber provided that no liability shall attach to the CITY OF KENT by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify and hold the City, its officers,officials, employees,agents, volunteers and assigns 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 performance of this contract, except for injuries and damages caused by the sole negligence of the City Service Qnbs Park Lighting 1 March 30,2005 The City's inspection or acceptance of any of Contractor'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 contract 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 fi-om the concun,ent negligence of the Conti actor , and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEI NIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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 contract. 6 Contractor agrees, upon the City's written demand, to make all books and records available to the CITY OF KENT for inspection, review, photocopying and audit in the event of a contract related dispute, claim, modification or other contract i elated action at reasonable times (not to exceed three (3) business days) and at places designated by the CITY OF KENT 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch 19 122, as amended CODtiactor shall be responsible for compliance with RCW Ch. 19 122, including utilization of the "one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the CITY OF KENT (SIGNATURES ON FOLLOWING PAGES) Service Clubs Park Lighting 2 March 30,2005 1 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the jday and year first hereinabove written. jCONTRACTOR CITY OF KENT BY: BY: .IIM WHITE ITS: ITS MAYOR DATE: DATE- APPROVED AS TO FORM: ATTEST: KENT CITY ATTORNEY BRENDA 7ACOBER, CITY CLERK WITNESS, if INDIVIDUAL OR PARTNERSHIP: STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this day of 2005, before me personally appeared and to me known to be and of the corporation/individual that executed the within and foregoing insti ument, and acknowledged said instrument to be fi-ee and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corpoi ation IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written Notary Public in and for the State of Washington, residing at Service Clubs Park Lighting 3 March 30,2005 03/30/2005 16:49 FAX 949 754 0637 MUSCO LIGHTING-WEST 9 002 EXHIBIT A Light*Structure Bill of Materials City of Kent Service Ball Fields Kent,WA Date: 3/30105 Quotation Price Musco's light Structure Green m as described below and delivered to the job site$160,000 00 Equipment Description Light Structure Greenlm System delivered to your site in Five Easy PiecesTO • (19)Pre-cast concrete bases • (19)Galvanized steel poles • UL Listed remote electrical component enclosures • Pole length wire harness • Factory-aimed and assembled luminaries Also Includes: • Smart LampT"' technology that operates with less energy and extended life with a system of timed power adjustments • 10 Year warranty and maintenance program that includes all materials, labor, and (1) group re-lamp(s) at the end of the lamps'rated life, 5000 hours. • Guarantee of a constant light level of 30 F C. infield 20 F.C. outfield over the life of the lamp. • Control Linker System for flexible control and facility management of your lighting system • Energy savings of more than 50%over standard lighting system • 50%less spill and glare light than Musco's prior industry leading technology Sales tax,labor,and unloading of the equipment is not included as part of this quote. Pricing furnished is effective for 60 days unless otherwise noted and/s considered confidential. Divulging technical orpricing information to competitive vendors will result In removal from the bid list. Musco Lighting LLC,West Regional Office: 15311 Barranca Pkwy,Irvine,CA 92618 Phone: 600l659-0117 or 949/754-0503 Fax: 9491754-0637 Page 1 of 2 03,130.2005 1.6:50 F4a 949 754 063? NUSCO LIGHTING-uESr ao03 Payment Tenns Option A Payment of 25%of the contract price is required with order.The contract balance is due net 30 days after invoice date. Option B• Wholesalers Only 100%of the contract price is due and payable no later than 20 days after invoice date. Late payrnentwill be subject to service charges of i %%per month(18%APR). Musco will attempt to coordinate shipment so that delivery corresponds with the customer's payment schedule. It will be the responsibility of the wholesaler to ensure that Musco is aware of this delivery timeframe. We will expect payment within the terms described above unless there is a written statement from Musco's corporate headquarters stating the acceptance of different terms. Delivery to the job site from the time of order, submittal approval, and confirmation of order details Including voltage and phase,pole locations is approximately 30-45 days. Due to the built-in custom light control per luminalre,pole locations need to be confirmed prior to production.Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location • Field size of recreation baseball fields. Confirmation of voltage and phasing prior to production • Structural code and wind speed= IBC 2003, 85 MPH. • Confirmation of pole locations prior to production Thank you for ccnsidering Musco for your sports-lighting needs. Please contact me with any questions. Tim Butz Sales Representative Phone: 503-682-2951 E-mail: tim.butz@musco.com Fax' 503-682-4539 Musco Lighting,LLC,West Regional 001ce: 15311 Barranca Pkwy,Irvine,CA 92618 Phone: 8001659-0117 or 949l754-0503 Fax 949f754-0637 Page 2 of 2 1 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor,their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types desci ibed below• 1. Automobile Liability insurance coves ing all owned, non-owned,hired and ]eased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insmuance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising fiom premises, operations, independent contractors, products-completed operations,personal injury and advertising injury, and liability assumed under an insured conti act 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 arising fi om explosion, collapse or underground property damage The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 of a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insui ance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit l EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance l 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(3 Q) days prior written notice by certified marl, return r eccipt requested, has been given to the City 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A VII E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance regrn ements 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 r equirements as stated herein for the Contractor Kent City Council Meeting Date May 3, 2005 Category Consent Calendar I. SUBJECT: MOUNT VIEW REZONE ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to land use and zoning, specifically the rezoning of approximately 4.7 acres of property located 1 at 23438 9&h Avenue South from Single Family Residential 4.5 units per acre (SR-4.5) to Single Family Residential 6 units per acre (SR-6). (Mount View Rezone, #RZ-2004-4). 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6S ORDINANCE NO. AN ORDINANCE of-the City Council of the City of Kent, Washington, relating to land use and zoning, specifically the rezoning of approximately 4.7 acres of property located at 23438 94th Avenue South from Single Family Residential 4.5 units per acre (SR-4.5) to Single Family Residential 6 units per acre (SR-6). (Mount View Rezone, #RZ-2004-4). iRECITALS >� A. An application to rezone approximately 4.7 acres of property located at 23438 94`h Avenue South, Kent, Washington from the current zoning of Single Family lResidential 4.5 units per acre (SR-4.5) to Single Family Residential 6 units per acre �(SR-6) was filed on August 30, 2004, by David Malik, (Mount View Rezone, #RZ- 2004-4). B. The City's SEPA responsible official issued a Determination of Nonsignificance (DNS) (#ENV-2004-6) for the proposed rezone on January 10, 2005, and a public hearing on the rezone was held before the hearing examiner on March 16, 2005. C. On March 30, 2005, the hearing examiner issued findings and conclusions that the Mount View Rezone is consistent with the city's Comprehensive Plan, that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity, that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant 1 Mount View Rezone adverse impacts that cannot be mitigated, that circumstances have changed since the establishment of the current zoning district to warrant the proposed rezone, and that the proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. D. Based on these findings and conclusions, the hearing examiner recommended approval of the Mount View Rezone. E. On April 19, 2005, the City Council determined that the hearing examiner's findings and conclusions are consistent with sections 15.09.050(A)(3) and 15.09 050(C) of the Kent City Code, accepted the findings of the hearing examiner, and adopted the hearing examiner's recommendation for approval of the Mount View Rezone from Single Family Residential 4.5 units per acre (SR-4.5) to Single Family Residential 6 units per acre (SR-6). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Rezone. The property located at 23438 90 Avenue South, Kent, Washington consisting of approximately 4.7 acres depicted in Exhibit "A" i (marked "Mount View Rezone"), attached and incorporated by this reference, and legally described in Exhibit "B", attached and incorporated by this reference, is rezoned as follows: King County tax parcel numbers 182205-9037, 182205-9238, 182205- 9175, and 182205-9164 shall be rezoned from Single Family Residential 4.5 units per acre (SR-4.5) to Single Family Residential 6 units per acre (SR-6). The City of Kent zoning map shall be amended to reflect the rezone granted above. 2 Mount View Rezone SECTION Z — Severability. If any one or more sections, sub-sections, or entences of this ordinance are held to be unconstitutional or invalid, such decision hall not affect the validity of the remaining portion of this ordinance and the same hall remain in full force and effect. SECTION 3. —�ffLective Date. This ordinance shall take effect and be in force Five (5) days from and after its passage as provided by law. JIM WHITE,MAYOR ATTEST: RENDA JACOBER, CITY CLERK PROVED AS TO FORM: OM BRUBAKER, CITY ATTORNEY ASSED: day of , 2005. PROVED: day of , 2005. {PUBLISHED: day of , 2005. I hereby certify that this is a true copy of Ordinance No. assed by the City Council of the City of Kent, Washington, and approved by the ayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 10viWRDINANCSReww-MoumVu doe t3 Mount View Rezone T i 1822059164 Mount View Rezone 1822059037 (RZ-2 04-4) 1822059175 1822059238 EXHIBIT "A" King County Tax Lot No.#1822059175 BEG AT PT ON S LN OF NW 1/4 OFSE 1/4 230 FT E OF E MGN OF 94THAVE S TH N 130 FTTH W TO PT 635 FT W OF E LN OF SUED THN 50 FT TH E 635 FT TH S 180 FTTH W 415 FT TO BEG LESS E 190 FT King County Tax Lot No. #1822059238 E 190 FT OF S 180 FT OF SE 114 OFNW 1/4 OF SE 1/4 King County Tax Lot No. #1822059164 LOT 3 CITY OF KENT SHORT PLAT NOSP-96-9(WILKERSON SHORT PLAT)RECORDING NO 9608151415 BEING A PORTION OF NW QTR SE QTR STR18-22-05 King County Tax Lot No. 41822053707 S 1/2 OF SW 1/4 OF NE 1/4 OFSE 1/4 LESS CO RD LESS E 4/5 THOFTGW N 15 FT OF S 330 FT OF E 645 FT OF NW 1/4 OF SE 1/4 EXHIBIT "B" Kent City Council Meeting Date May 3, 2005 Category Consent Calendar 1. SUBJECT: KING CONSERVATION DISTRICT GRANT FOR SCENIC HILL PARK—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the grant for $3,710 from King Conservation District Number 9 in support of the Scenic Hill Park Urban Forestry Plan, approve the expenditure of funds and authorize the Mayor to sign the agreement, upon review by the City Attorney. In 2004, the City contracted with Sound Urban Forestry to conduct and prepare a report for the Scenic Hill Park Urban Forestry Plan. City staff submitted and received a $3,710 reimbursable grant from King Conservation District (KCD) to payback costs for the Urban Forestry Plan. 3. EXHIBITS: King Conservation District Notification Letter and Agreement t4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20405.64120.530 Amount $3,710.00 Unbudgeted Revenue: Fund P20405.53701 Amount $3,710.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6T 1 King Conservation District 935 Powell Avenue SW•Renton,WA 95055•Phone(206)764-3410•Fax(206)764-6677•E-mail distridllkingcdorg April 11,2005 Bill Fealy City of Kent 220—4a Ave.South Kent,WA 98032 Dear Mr.Fealy, Enclosed are two-copies of an Agreement for Award of Noncompetitive Grant for the City of Kent Scenic Hill Park Urban Forestry Plan. This grant is funded with King Conservation District Special Assessment funds allocated to the City of Kent After obtaining the needed signatures from City of Kent representatives,return both copies of the Agreement to me. I will obtain the required signatures from King Conservation District representatives and forward a signed original for your records. At that time,I will also forward a check for the amount of the grant jI am available to answer any questions you may have. Please do not hesitate to contact me. Sincerely, Brandy Reed District Oc-Coordinator Enclosures(2) l KCD Ref:KCD Ref 05-036 Bill Fealy Cory AGREEMENT FOR AWARD OF NONCOMPETITIVE GRANT City of Kent This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98055 (referred to herein as "District"), and the City of Kent, a municipal corporation in King County, Washington, located at 220— 4u' Avenue South, Kent Washington 98032 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas,the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW. The District engages in and provides certain conservation activities that are authorized and described in RCW 89.08.220;and 1.2 Whereas,on December 15, 1997,the Metropolitan King County Council enacted King County Ordinance No. 12959 which,among other things,provides for the distribution of noncompetitive grant funds from a portion of the special assessments imposed by King County Ordinance No. 12959 and collected by the District pursuant to Chapter 89.08 RCW; and 1.3 Whereas, on November 19, 1998,the District adopted Resolution No. 98-20 1 relating to the policy and procedures governing the District's award of any noncompetitive grants authorized by King County, and 1.4 Whereas,the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policy and procedures for awarding noncompetitive grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a noncompetitive grant to Recipient. 1 SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Three thousand seven hundred and ten Dollars($3,710) from 2000 Assessments. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the following paragraphs. Grant funds from 2000 Assessments shall be paid by District to Recipient within five(5)business days after District's receipt of a fully executed Agreement. - 1 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A,which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further,Recipient agrees to return to the District any grant funds that are not expended and/or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton,Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area,Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due May 31 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty(30) days after the completion of the work. The final report shall,among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested,Recipient agrees to provide the District with additional financial or progress reports from time to time,at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the t Recipient's accounting records. If requested,Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. -2- 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. ' 2.10 Recipient shall ensure that all work performed by Recipient or its employees,agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11_ Recipient agrees that in the event a court of competent jurisdiction finds that the imposition or collection of the special assessments authorized by King County Ordinance No. 12959 are unlawful and orders the repayment of such assessments,Recipient agrees to reimburse the District for the full amount of the grant award,including any interest which may be awarded by the court. 2.12 Recipient agrees to indemnify, defend and hold harmless the District,its agents, officers,officials and employees from all claims, alleged liability, damages,losses to or death of person or damage to property allegedly resulting from the acts of the Recipient or any of its employees, agents,contractors or subcontractors in connection with this Agreement. 1 2.13+ Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2•. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation,inducement,promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. - 3 - f t 3.5 Expenditure of grant funds shall be subject to appropriation by the Metropolitan King County Council. DISTRICT: RECIPIENT: By By r Name Name Title Title Date Date Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By 6By _ J+ 11 Name _lf to C. ( . 66,noA r Name Date L4 1 S a Date , f t f I i f -4- ' King Conservation District 1 Municipality Noncompetitive Grant Application Project Name: Scenic Hill Park Urban Forestry Contact: Bill Fealy Plan Applicant: City of Kent Title: CityArborist Principal Partners (if any): Address: Sound Urban Forestry 220 4 h Avenue South Kent,WA 98032-5895 Total Project Cost: $3,710.00 Phone: 206 295-9320 KCD Funding Requested: $3,710.00 Fax: 253 856-6120 Project Start Date: May 13,2003 E-mail: bfeal i.kent.wa us Project End Date: December 28 2004 I. Brief Project Description(—200 words): The City contracted with a consultant to review the current site plan of Scenic Hill Park,conduct a hazard tree evaluation and tree maintenance. The consultant developed a forestry management plan that included recommendations for non- native (invasive)plants,trail development,safety issues and new tree and vegetation plan. The consultant also evaluated areas for amphitheater construction. 2. Project Objectives (Citing specific paragraphs and subtexts,provide a brief description of how the project meets one RCW 89.08 criteria and one KCD Strategic Plan Initiative criteria outlined in the Policy and Procedure Overview): The project meets criteria in RCW 89.08.46 because it restores native wildlife habitat and enhances the existing urban forest The objective of the project is to preserve,restore,recreate and maintain the urban forest with the public's safety in mind. Strategic plan initiative: Promoting natural habitat protection and restoration. Preventive control measures and works of improvement needed on existing trees. Educational and demonstrational seminars that will be held in the amphitheater to promote public awareness of urban forestry. 3. Project Activities and Measurable Results: Consulting arborist/urban forester has evaluated entire park and has written a detailed urban forest management plan. Numerous native trees have been planted by youth groups. Select hazardous trees have been professionally removed by city arborists. The city has obtained a detailed five year management report for the park. i King Conservation District 2 Municipality Noncompetitive Grant Application j 4. Budget Expenses Budget Item KCD Other Other Total Funds Funds Funds (specify) (specify) Salaries and Benefits City of Kent Travel/Meals/Mileage N/A Office/Field Su lies N/A Contracted/Professional $3,710.00 Services Land Acquisition N/A Permits N/A Other(s eafp) TOTAL $3,710.00 5. Describe how KCD funding will be acknowledged over the duration of the project. 1. KCD acknowledgment will be described in the Park Brochure following grant award 2. Funding assistance will be acknowledged on the City of Kent's web site. I 1 G� �d 0� Aut orize Signature 0 Dat Johrr\M._HqUgson,Director Kent Parks,Recreation&Community Services rKent City Council Meeting Date May 3, 2005 Category Consent Calendar 1 1. SUBJECT: KING CONSERVATION DISTRICT GRANT FOR MAKE A DIFFERENCE DAY —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the grant for $2,342.87 from King Conservation District Number 9, in support of the 2004 Make A Difference Day event on the Green River Trail, approve the expenditure of funds and authorize the Mayor to sign the agreement, upon review by the City Attorney. rIn 2004, the local Make A Difference Day event was held along the Green River Trail, Segment Two. Volunteers assisted City staff with planting nature plants. The City submitted and received a $2,342.87 reimbursable grant from King Conservation District (KCD) to pay back costs for the purchase of plants and materials. i 3. EXHIBITS: Kin Conservation District Notification letter and agreement S g g 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20043.63180.530 Amount $2,342.97 Unbudgeted Revenue: Fund P20405.53701 Amount $2,342.87 t6. CITY COUNCIL ACTION: 1 Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda Item No. 6U 1 . 1 t 1(=D t King Conservation District 935 Powell Avenue SW•Renton,WA 98055•Phone(206)764-3410•Fax(206)764.6677•E-mail distrid9langcd.org April 11,2005 Quientin Poil ` City of Kent 220-4th Ave.South Kent,WA 98032 Dear Mr.Poil, Enclosed are two copies of an Agreement for Award of Noncompetitive Grant for the City of Kent Green River Greenbelt Planting PH Project. This grant is funded with King Conservation District Special Assessment funds allocated to the City of Kent. 1 After obtaining the needed signatures from City of Kent representatives,return both copies of the Agreement to me. I will obtain the required signatures from King Conservation District representatives and forward a signed original for your records. At that time,I will also forward a check for the amount of the grant I am available to answer any questions you may have. Please do not hesitate to contact me. Sincerely, Brandy Reed 1 District Co-Coordinator Enclosures (2) KCD Ref KCD Ref 05-036 Quienton Poil,City of Kent i i AGREEMENT FOR AWARD OF NONCOMPETITIVE GRANT City of Kent This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, IVA 98055 (referred to herein as "District's, and City of Kent, a municipal corporation in King County, Washington, located at 220 — 40' Avenue South, Kent Washington 98032 (referred to herein as "Recipient' for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW. The District engages in and provides certain conservation activities that are authorized and described in RCW 89.08.220; and I 1.2 Whereas,on December 15, 1997,the Metropolitan King County Council enacted King County Ordinance No. 12959 which,among other things,provides for the distribution of noncompetitive grant funds from a portion of the special assessments imposed by King County Ordinance No. 12959 and collected by the District pursuant to Chapter 89.08 RCW; and 1.3 Whereas,on November 19, 1998,the District adopted Resolution No. 98-20 relating to the policy and procedures governing the District's award of any noncompetitive grants authorized iby King County; and 1.4 Whereas,the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policy and procedures for awarding noncompetitive grants;and 1.5 Whereas,the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a noncompetitive grant to Recipient. SECTTON 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Two thousand three hundred forty-two dollars and eighty-seven Cents($2,342.87) from 2000 i Assessments. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the following paragraphs Grant funds from 2000 Assessments shall be paid by District to Recipient within five(5) business days after District's receipt of a fully executed Agreement. - 1 - 2.2 Recipient represents and warrants that it will only use the grant funds for the work ' described in Exhibit A,which may be amended by the parties pursuant to Paragraph 3 3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further,Recipient agrees to return to the District any grant funds that are not expended andlor remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work wlvch shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw,Federal Way, Milton,Pacific, and Skykomish. Recipient shall be required to refund to the District thatportion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area,Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due May 31 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty(30)days after the completion of the work. The final report shall,among 1� other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work,along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shal.1-be separately identified in the Recipient's accounting records. If requested,Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. -2- 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local,state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees that in the event a court of competent jurisdiction finds that the imposition or collection of the special assessments authorized by King County Ordinance No. 12959 are unlawful and orders the repayment of such assessments,Recipient agrees to reimburse the District for the full amount of the grant award,including any interest which may be awarded by the court. 2.12 Recipient agrees to indemnify,defend and hold harmless the District,its agents, officers, officials and employees from all claims, alleged liability,damages,losses to or death of person or damage to property allegedly resulting from the acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.13 Recipient agrees to acknowledge the District as a source of funding for this project on all literature,signage or press releases related to said project. rSECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation,inducement,promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. ' 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. -3 - 3.5 Expenditure of grant funds shall be subject to appropriation by the Metropolitan King L County Council. DISTRICT: RECIPIENT: By lay Name Name t Title Title Date Date Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: , By C lelmeith By Name �,� -s. [ _ Ff imd(� Name Date 91 S 10 5 Date t -4- King Conservation District i Municipality Noncompetitive Grant Application Project Name: Green River Greenbelt Planting, Contact: Quientm Poil Segment Two Applicant: City of Kent Title: Parks Supervisor Principal Partners (if any): Address: Community/neighbors volunteers(labor) 220 40'Avenue South Kent Elementary Students Kent,WA 98032-5895 Maxon Furniture Employees Hawkeye—Cohesion Employees Total Project Cost: $10747.67 Phone 253 856-5120 KCD Funding Requested: $2342.87 Fax: 253 856-6120 Project Start Date: September 20,2004 E-mail: oil ci kent.wa.us Project End Date: October 23,2004 1. Brief Project Description(—200 words):Invasive plants(blackberry,reed canary grass,etc)were choking out native plants in the Green River Greenbelt(east bank).Park maintenance staff mowed the area three times in 2003 and 2004.Native trees and shrubs were planted by staff and volunteers on October 23'd(Make A Difference Day)with cardboard and newspaper placed around the planting pits for invasive weed control. Chips from the Parks Nursery were spread as mulch around plant pits. The chips were produced by Boy Scout's efforts during a Christmas Tree collection drive. Volunteers and neighbors will water the trees and shrubs for three years.Neighbors,Summer Youth Crew or park staff will remove invasive plants as needed to establish the native trees and shrubs. 2. Project Objectives (Citing specific paragraphs and subtexts,provide a brief description of how the project meets one RCW 89.08 criteria and one KCD Strategic Plan Initiative criteria outlined in the Policy and Procedure Overview): The objective of the project is to enhance wildlife habitat in the Green River Corridor. The project meets criteria in RCW 89.08.46.2.because it restores native wildlife habitat in approximately 1,200 linear feet of stream reach, no soil will be removed, and no existing native vegetation will be removed. The project meets the goal of the State of Washington in 89.08.450 to "...restore the natural resources of the state,and in particular,fish and wildlife and their habitat". An educational program and demonstration project was conducted by Park staff to show the value of inhibiting weed seed germination using cardboard sheets and newspaper.Park staff also demonstrated proper planting techniques and discussed the value of native plants and wildlife habitat. Strategic Plan Initiative: Promoting Natural Habitat Protection and restoration. (iib) and Orchestrating Volunteer Opportunities (uc) and to utilize volunteer organizations who have a commitment to this goal.This project restores native plant habitat and wildlife habitat in the Green River Corridor. Volunteers planted native trees and shrubs on two days (10/20/04 and 10/23/04) to celebrate Make A Difference Day,October 23,2004. Project Activities and ;Measurable Results: Native Tree and Shrub purchase: Approximately 21 native trees) and 61 native shrubs were purchased, planted and mulched (12 more native trees were from Nursery stock),and will be thriving one year after planting. Native Tree and Shrub planting 156 volunteers planted the trees and shrubs. Native Tree and Shrub mulching Measurable Results: Within three (3) years native plants have matured and proven effective in out competing invasive plants. King Conservation District 2 ' Municipality Noncompetitive Grant Application 3. Budget Expenses Budget Item KCD Other Other Total Funds Funds Funds (specify) s ecif ' Salaries and Benefits City of $1584.80 $1584.80 Kent Travel/Meals/Mileage N/A , Office/Field Supplies $1281.72 City of $250 $2892.87 Tree/shbs Kent (wood $2.63 (wood chips) Labels chips& $300(trees) $217.60 trees) Cardboard $840.92 Au gar Contracted/Professional N/A $ Services Land Acquisition N/A Permits N/A Other(specify) Volunteer $6270.00 $6270.00 labor (#X $11 TOTAL J $2342.87 J $8404.80 1 $10747.67 4. Describe how KCD funding will be acknowledged over the duration of the project. 1. KCD acknowledgment will be descnbed in the Park Brochure following grant award. 2. Funding assistance will be acknowledged on the City of Kent's web site. Au tltjed Signature Date Kent City Council Meeting Date May 3, 2005 Category-Con sent Calendar 1. SUBJECT: COUNTYWIDE PLANNING POLICIES AMENDMENTS RESOLUTION — ADOPT ' 2. SUMMARY STATEMENT: Adoption of Resolution No. ratifying the proposed amendment to the Countywide Planning Polices to amend the urban growth boundary, potential annexation areas and urban separator maps, to revise targets for new household and job growth, and to designate Downtown Burien as an Urban Center. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: 1 Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda Item No. 6V 1 RESOLUTION NO. A RESOLUTION of the City Council of Kent, Washington, regarding King County Countywide Planning Policies adopted by the Metropolitan King County Council. RECITALS A. Pursuant to RCW 36.70A.210, the Growth Management Act requires the adoption of Countywide Planning Policies to provide a countywide framework from which local comprehensive plans are to be developed. King County, the City of Seattle, and the incorporated suburban cities and towns in King County established a process for the ' development, adoption, and ratification of Countywide Planning Policies by an interlocal agreement. This agreement established the Growth Management Planning Council(GMPC), a group consisting of elected officials from King County, suburban cities, and the City of Seattle,who were authorized to develop a set of recommended countywide planning policies for consideration by the King County Council. B. The GMPC met on September 15,2004,and December 7,2004,and voted to pass amendments to the Countywide Planning Policies to amend the urban growth boundary, potential annexation areas and urban separator maps,to revise targets for new household and Ijob growth, and to designate Downtown Burien as an Urban Center. (GMPC Motion 04-1 through 04-5). The King County Council approved and ratified these amendments on behalf ' of King County on February 14, 2005, pursuant to King County Ordinances 15121-15123. The Kent Planning&Economic Development Committee reviewed these amendments at its 1 Countywide Planning Policy Amendments-2005 meeting on April 18, 2005. ' NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, , WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: ' RESOLUTION SECTION 1. —Amendment. The City of Kent, acting pursuant to the interlocal ' agreement among King County,the City of Seattle, and incorporated suburban cities,hereby ratifies the proposed amendment to the Countywide Planning Polices as adopted by the Metropolitan King County Council in King County Ordinances 15121-15123, with the understanding that the Growth Management Planning Council will correct the mapping error ' on the Potential Annexation Area map to exclude the area within the City of Kent's Potential Annexation Area and to adjust Kent's Potential Annexation Area to align with South 200 Street. SECTION 2. —Public Inspection. The amendments to the Countywide Planning Policies adopted herein shall be filed with the City Clerk and placed in the planning services office so they are available for inspection by the public. SECTION 3. —Severability. If any section, subsection,paragraph,sentence,clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such , decision shall not affect the validity of the remaining portions of this resolution. ' SECTION 4. — E_,ffective Date. This resolution shall take effect and be in force immediately upon its passage. 2 'Countywide Planning Policy Amendments-2005 ' Passed at a regular meeting of the City Council of the City of Kent,Washington this day of , 2005. ' Concurred in by the Mayor of the City of Kent, this day of 2005. JIM WHITE,MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2005. ' (SEAL) BRENDA JACOBER, CITY CLERK ' P 1CmTRUOLLrnOMC=my ndePlar mgPoM1ryMmd-2005 doc 3 Countywide Planning Policy Amendments-2005 ' Kent City Council Meeting Date May 3, 2005 ' Category Consent Calendar ' 1. SUBJECT: MCMILLIN STREET VACATION ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. vacating a portion of the alley lying within Block 20, Washington Central Improvement Company's First Addition, and McMillin Street lying between Block 19 and Block 20 in the City of Kent as described in the applicant's petition. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? Yes Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund R20036 Amount $1,178.00 ' 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda Item No. 6W � 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent,Washington,relating to the vacation of a portion of the alley lying within Block 20, Washington Central Improvement Company's First Addition, and McMillin Street lying between Block 19 and Block 20 in the City of Kent. RECITALS ' A. A petition has been filed by the Kent School District to vacate a portion of the alley lying within Block 20,Washington Central Improvement Company's First Addition,and McMillin Street lying between Block 19 and Block 20 in the City of Kent; ' as legally described in Exhibit "A", attached and incorporated herein by this reference. B. The City's Planning Services Office processed this petition and, after ' consulting with all appropriate city departments, secured technical facts regarding the ' proposed vacation. C. The City Council fixed a time for a public hearing on the petition and the ' hearing was held with proper notice on April 5, 2005, in the City Council Chambers of the Kent City Hall. ' 1 Street Vacation- McMillin Street r D. The Planning Services Office recommended that the City Council approve 1 the petition. ' E. After the public hearing on April 5, 2005,the City Council approved the vacation recommended by staff. r F. The City Council finds that the portion of the alley/street sought to be ' vacated is: (1)a dedicated alley/street that is presently unused;(2)not abutting on a body of water and, therefore, not suitable for acquisition for port purposes, boat moorage or launching sites,park,viewpoint,recreational or education purposes,or other public use; ' and (3) a vacation which is in the public interest. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, r WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: r ORDINANCE ' SECTION I. —Recitals. The foregoing recitals are incorporated as if fully set forth herein. , SECTION 2. — Vacation. That portion of the alley lying within Block 20, ' Washington Central Improvement Company's First Addition,and McMillin Street lying between Block 19 and Block 20 in the City of Kent; as described in Exhibit "A", is hereby vacated. SECTION3.— Vested Right. No vested rights shall be affected by the provisions ' of this ordinance. , SECTION4.—Severability. If any one or more section,subsections,or sentences , of this Ordinance are held to be unconstitutional or invalid,such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 Street Vacation- McMillin Street 1 SECTION S. —E ective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law. ' JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY ' PASSED: day of 72005. ' APPROVED: day of , 2005. PUBLISHED: day of 2005. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent,Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P%0vS0RMANCMVame-M<MflIwStral.dw 3 Street Vacation- McMillin Street i 1 EXHIBIT"A" THE ALLEY LYING WITHIN BLOCK 20, WASHINGTON CENTRAL IMPROVEMENT 1 COMPANY'S FIRST ADDITION TO THE TOWN OF KENT, RECORDED IN VOLUME 3 OF PLATS, PAGE 97, KING COUNTY, WASHINGTON. AND ALSO MCMILLIN STREET LYING BETWEEN BLOCKS 19 AND 20 IN SAID PLAT. EXCEPT THE SOUTH 33.00 FEET OF THE WEST 133.00 FEET OF SAID MCMILLIN STREET. RESERVING HOWEVER UNTO THE CITY THE RIGHTS TO GRANT UTILITY EASEMENTS TO ANY PRIVATE OR QUASI-PRIVATE UTILITY SUCH AS, BUT NOT LIMITED TO, POWER, GAS, TELEPHONE OR CABLE TV WHICH HAS EXISTING FACILITIES WITHIN 1 (UNDER, UPON AND/OR OVER) THE STREET RIGHT-OF-WAY PETITIONED TO BE VACATED. THE WIDTHS AND LOCATIONS OF SAID EASEMENTS SHALL BE ESTABLISHED AT THE TIME OF GRANT. ALSO RESERVING UNTO THE CITY OF KENT AN EASEMENT FOR UTILITIES OVER THE NORTH 40.00 FEET IN SAID STREET RIGHT-OF-WAY. AND ALSO RESERVING WITHIN SAID 40.00 FEET A 12.00 FOOT WIDE PUBLIC ACCESS EASEMENT FOR BICYCLES AND PEDESTRIANS. 1 i 1 1 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS w V�vGe� 5 00 a n r 1 b _ 4 E. PLANNING AND ECONOMIC DEVELOP T COMMITTEE I F. PARKS AND HUMAN SERVICES COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES I t I TTParks and Human Services Committee Minutes KEN March 17, 2005 The Kent City Council Parks and Human Services Committee was called to order at by Deborah Ranniger at 4.03 p.m. Committee members present: Chair Deborah Ranmger,Tim Clark,Debbie Raplee 1. Approval of Minutes Clark moved to approve the minutes of the Parks and Human Services Committee meeting of February 17, 2005.Raplee seconded and the motion passed 3-0. 2. Service Club Park Donation -Accept and Amend Budget The $10,000.00 received from the Kent Rotary Club is final payment from their original pledge made to 1999 Kent Service Clubs pledged$140,000 00 towards construction of the Service Club Park ball fields and$37,500.00 for the play equipment. To recognize their contributions, ball fields and play equipment at the park will be named after each club. The park will be under construction this year. Ranmger participated on the Arts Commission Committee that selected three project finalists in the competition to create art work at the park Raplee moved to recommend accepting the $10,000.00 from the Kent Rotary Club and authorizing expenditure of funds in the Service Club Park budget Clark seconded and the motion passed 3-0 3. King County Water District No. 111 Easement and Bill of Sale-Authorize During construction of Wilson Playfields (a.k.a East Hill Youth Sports Complex),the city constructed a water main to service the park The easement and bill of sale transfers ownership and maintenance of the water lines to King County Water District No. 111. Clark moved to recommend authorizing the Mayor to sign the King County Water District No. 111 Easement and Bill of Sale for water lines at Wilson Play-fields. Raplee seconded and the motion passed 3-0. 4. Interagency Committee for Outdoor Recreation Boating Facilities Project Grant- Accept and Amend Budget In 2004, staff submitted a grant to the Interagency Committee for Outdoor Recreation (IAC) for improvements to the boat launch at Lake Meridian Park. In 2005,the Boating Facilities Project Grant was officially awarded in the amount of$258,414 00 Improvements will include replacing the boat ramp, as well as construction of a new boarding float that will provide safe and easy launching of boats for people of all Parks and Human Services Committee Meeting Minutes February 17, 2005 Page 2 abilities The project will start after permits have been received Clark commented on the j recognition that Lake Meridian received for holding the largest dragon boat races in the state of Washington, scheduled for July 15 and 16 this year. Raplee moved to recommend accepting the Boating Facilities Project Grant for $258,414.00 from the Interagency Committee for Outdoor Recreation, authorizing the Mayor to sign the agreement, and approving the expenditure of funds in the Lake Meridian Boat Launch Renovation Project budget. Clark seconded and the motion passed 3-0. 5. East Hill Community Skate Park Project Update Staff reported that 25 residents attended the public meeting on March 2 to discuss the master plan for the new skate park, located at 116th and 240th. The original master plan was revised to include new amenities initiated by the addition of one acre of land donated by the owners of Arbor Village, which adjoins the skate park property. Staff is currently obtaining permits for construction. Nominations to name the park were promoted at the public meeting on March 2, and through flyers, a public service atmouncement, an article in the Kent Reporter, and the nomination form was posted on the city web site. The deadline for nominations is March 31, and staff will return to the commmttee in April with a list of names to reconmiend to the Mayor. 6. Aguatic/Recreation Center Feasibility Study Update Staff provided a status report and timeline on the Aquatic/Recreation Center Feasibility Study The Request for proposals will be out in April and a consultant will be contracted by June. The study will be conducted from June through October, with the project study complete by the end of October. A committee of representatives from the school district, Kent City Council,consultants and staff will assist in formulating the study and plan to , visit local aquatic/recreation center sites The committee will report their findings to the Parks Committee on a regular basis. The meeting adjourned at 4.20 p.m. Teri Petrole Parks and Human Services Committee Secretary 1 t PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES 1 APRIL 4,2005 COMMITTEE MEMBERS: Chair Tim Clark, Ron Harmon, Bruce White The special meeting was called to order by Chair Clark at 4 00 P M Approval of March 21,2005 Minutes Member White MOVED and Member Harmon SECONDED to approve the minutes with a friendly amendment changing the word "mitigation"to "litigation" Motion CARRIED as corrected 3-0 Critical Areas Ordinance#ZCA-20044 Principal Planner Kim Marousek reiterated the presentation given at the March 21, 2005 Planning and Economic Development Committee public hearing with a focus on wetland regulations Ms Marousek summarized four options Ms Marousek stated that staff formerly recommended Option 1 She stated that Option 2 retains existing wetland buffer regulations Ms Marousek stated that Option 3 is a package of elements developed through the wetland focus group process She stated that Option 3 offers incentives for voluntary wetland voluntary buffer increases specifically related to PUD developments Furthermore, Option 3 includes a non-regulatory wildlife habitat protection and restoration plan and addresses mitigation and wetland compensation ratios Ms Marousek stated that Option 4 contains the elements described in Option 3, however, retains larger 1 buffers Ms Marousek addressed questions raised by the Committee with respect to buffer density bonuses and development incentives, as well as potential funding options and technical assistance that may be available to help draft the Wildlife Habitat and Restoration Plan Ms Marousek addressed the Committee's concerns with respect to how they should proceed with a recommendation to Council She stated that staff would like to see Council potentially pass a resolution that along with this ordinance would direct staff to further scope out the Wildlife Habitat Plan, then return to the Committee with detail on the Plan's elements and options to fund the development of the plan Member Harmon MOVED and Member White SECONDED a motion to accept correspondence for the record,received from Greg Wingard on March 25,2005 addressed to Council Motion PASSED 3-0 Chair Clark asked Mike Mactutis, City of Kent Environmental Engineer Supervisor to respond to concerns raised by Becky Stanley at the March 28, 2005 Planning and Economic Development Committee Hearing with respect to the Department of Fish and Wildlife not being represented in the Wetland Focus Group and the City's Best Available Science review related to stream buffers Mr Mactutis addressed these concerns as well as elaborated upon the city's investment in the development and protection of our streams ecosystems Member Harmon MOVED and Member White SECONDED a Motion to approve the proposed Critical Area Ordinance, ZCA-2002-4 as recommended by the Land Use and Planning Board and as further amended by Option 3 related to Wetland Regulations and forwards the ordinance to the City Council for adoption, Motion Carried 3-0 Adiournment Chair Clark adjourned the meeting at 4 45 pm Pamela Mottram, Admm Secretary,Planning Services S Termn'PlanTlammng Commntee110051Atinutesl040405mm doc CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES March 17,2005 COMMITTEE MEMBERS: Debbie Raplee,Les Thomas, Deborah Ranniger,Chair • The meeting was called to order by Deborah Ranniger at 5:04 PM. • Chair noted the addition of a presentation by Law Department 1. Approval of Minutes Les Thomas moved to approve the minutes of the January 20,2005 meeting. The motion was seconded by Debbie Raplee and passed 3-0. 2. Fire Stoppers Program Memorandum of Understanding—AUTHORIZE Fire Marshall Chief Jon Napier reviewed the on-going program Debbie Raplee moved to recommend placing the Fire Stoppers Program Memorandum of Understanding on the Consent Calendar of the April 5,2005 Council Meeting and authorizing the Mayor to sign the Memorandum of Understanding. The motion was seconded by Les Thomas and passed 3-0. 3. Probation Violations and Deferred Prosecution Amendment to Ordinance-ADOPT Deputy City Attorney Patnck Fitzpatrick reviewed the amendment Les Thomas moved to recommend the City Council adopt the proposed ordinance amending section 9.02.390 of the Kent City Code in order to extend its application to those completing a deferred prosecution program and who violate provisions of that program. The motion was seconded by Debbie Raplee and passed 3-0. 4. Washington Traffic Safeh,Commission Grant request to apply-AUTHORIZE Police Chief Ed Crawford reviewed the purpose of the DUUTraffic Safety Task Force grant. Debbie Raplee moved to recommend authorizing the application for the Washington Traffic Safety Commission grant and placing this on the Consent Calendar for the April 5,2005 Council Meeting. The motion was seconded by Les Thomas and passed 3-0. 5. Washington Association of Sheriffs and Police Chiefs grant-AUTHORIZE Police Chief Ed Crawford stated that the grant funds would be used to purchase equipment. Les Thomas moved to recommend accepting the Washington Association of Sheriffs& Police Chiefs grant in the amount of$1,000, and placing this on the Consent Calendar for the April 5,2005 Council Meeting. ' The motion was seconded by Debbie Raplee and passed 3-0. 6. Fireworks—INFO ONLY Police Chief Ed Crawford and Fire Marshall Chief Jon Napier reviewed last year's fireworks emphasis work by both the Police and Fire Departments and expressed their intent to continue working together on this year's emphasis 7. Underage Drinking—INFO ONLY Police Chief Ed Crawford spoke about the collaboration between the Drinking Driver Task Force and the Washington State Liquor Control Board in working on local stings in an effort to curb the sell of liquor to minors Added Item: 8. Unlawful Race Attendance and Stay Out of Areas of Racine—SOAR—Amendment to Ordinance—ADOPT Deputy City Attorney Patrick Fitzpatnck explained the purpose of the amendment and introduced Sergeant Pat Lowery who gave examples of the current problems. Les Thomas moved to recommend that the Council adopt(lie proposed ordinance amending Chapters 9.42 and 9.43 of the Kent City Code to address illegal street racing and race attendance within the City of Kent,subject to the addition of 62nd Avenue South from South 192°d Street to South 1991h Place as a"No Racing Zone"and subject to the change to the No Racing Zones set forth in section 9.43.030 correcting the name of 199'h. The motion was seconded by Debbie Raplee and passed 3-0. The meeting adjourned at 5:45 PM. Jo Thompson Administrative Assistant 1 . i . i Public Safety Committee Minutes 2 March 17.2005 PUBLIC WORKS COMMITTEE MINUTES April 4, 2005 COMMITTEE MEMBERS PRESENT: Commttee Chair Bruce White and Committee Members Ron Harmon and Debbie Raplee The meeting was called to order at 5:04 P.M. Approval of Minutes Dated March 21,2005 Committee Member Ron Harmon moved to approve the minutes of March 21,2005. The imotion was seconded by Debbie Raplee and passed 3-0. s Taylor Associates, Inc. Consultant Services Aereement Mike Mactutis, Environmental Engineering Supervisor said this contract will provide an Ambient Water Quality Monitoring Program and report to the City of Kent in 2005. This report will help target where problems are. The testing will begin about the end of Apnl depending on the weather. Debbie Raplee moved to recommend authorization for the Mayor to sign the Consultant Services Agreement with Taylor Associates Inc. For$86,771.00 to provide the City of Kent with an Ambient Water Quality Monitoring Program and final report. The motion was seconded by Ron Harmon and passed 3-0. Natural Systems Consultant Aereement Mike Mactutis, Environmental Engineering Supervisor said this contract will provide the City of Kent with highly technical assistance on the design and construction inspection 1 relating to the Garrison Creek Realignment—Flooding on SR 167 Off-ramp at South 212`h Ron Harmon moved to recommend authorizing the Mayor to sign the Consultant Agreement with Natural Systems Design for$105,095 to provide the City of Ken technical assistance on the Garrison Creek Realignment/Flooding on SR 167 Off- ramp at South 212`h Street upon Concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Debbie Raplee and passed 3-0. 228`' Street Corridor Grade Separation Tim LaPorte, Design Engineering Manager said to complete the 228`h Corridor Grade Separation project specified within the timeframe of the grants the City will have an ambitious work program and will utilize an array of engineering consultants Approval of this motion would enable staff to enter into these contracts according to schedule, only if within established budgets and further subject to the Mayor's authorization. Debbie Raplee moved to recommend authorizing the Mayor to sign consultant services agreements for structural engineering, hydraulic engineering, environmental review,value engineering,bridge design peer review,geotechnical engineering,landscape consultants, real property appraisal, real property review appraisals,property negotiators, utility design for the 228`h Corridor Railroad Burlingtom Northern and Union Pacific Railroad under crossings. The motion was seconded by Ron Harmon and passed 3-0. 2 2 Puget Sound Energy Construction Agreement for Military Road Underground Power Conversion Chad Bieren,Project Engineer said as part of the S. 228 b Street Extension project Military Road will be widened to five lanes and the overhead utilities need to be converted to underground in accordance with City Ordinance. Ron Harmon moved to recommend authorizing the Mayor to sign the Puget Sound Energy Construction Agreement 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 5:30 P.M. Janet Perschek Administrative Assistant 1 1 I 1 CONTINUED COMMUNICATIONS Do ce All 4o 1 i 1 -+� c4�v 1 S+ w EXECUTIVE SESSION Lu 1 ACTION AFTER EXECUTIVE SESSION