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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/07/2005 t t t ' AGENDA!" t t City of Kent City Council Meeting Agenda 1 t June 7, 2005 i Mayor Jim White s Julie Peterson, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas = Deborah Ranniger Bruce White l KENT WA5HINGTON City Clerk's Office 1 COUNCIL MEETING AGENDA CONTINUED D. 2005 Interlocal Agreement with Auburn for Home Repair Services—Authorize and Amend Budget E. Eagle Creek Final Plat—Approve and Authorize (QUASI-JUDICIAL) F. Quota Club International Donation for Service Club Park—Accept and Amend , Budget G. Kent Lions Club Donation for Service Club Park—Accept and Amend Budget H. Cultural Development Authority of King County 2005 Sustained Support Grant— Accept and Amend Budget I. Interagency Committee for Outdoor Recreation Grant for Canterbury Park Expansion—Accept and Amend Budget J. Interagency Committee for Outdoor Recreation Grant for Clark Lake Park Expansion—Accept and Amend Budget K. Surplus Residential Structure and Allow Demolition at 13122 SE 25151 Street— Approve L. Surplus Residential Structure and Allow Demolition at 10808 SE 248`h Street— Approve M. Johnson Creek Restoration/Condemnation Ordinance—Adopt N. Pioneer and Smith Street Project—Accept as Complete O. Public Works Positions, Street System Vegetation Maintenance Proposal— Authorize P. Washington Traffic Safety Commission Grant for Trailer, Speed Sign and Car Seats—Accept and Amend Budget Q. Washington Traffic Safety Commission Grant for Drinking Driver Countermeasure Program—Accept R. Washington Traffic Safety Commission Grant for Intense Traffic Safety Enforcement Program—Accept and Establish Budget S. Department of Social &Health Services, Division of Alcohol and Substance Abuse Grant for Underage Youth—Accept T. Interlocal Agreement with Washington State Department of Corrections for Community Corrections Officer—Authorize U. Ravensdale Range Interlocal Agreement—Authorize V. Ordinance amending Kent City Code 13.05 —Fireworks—Adopt W. Fire Station Exhaust Extraction Systems Sole Source Procurement—Authorize X. Fireworks Display Permits—Authorize Y. Surplus and Donate Engine/Aid Unit—Authorize 7. OTHER BUSINESS A. Eagle Creek Park Easement—Approve B. Interlocal Agreement with King County for Maintenance and Construction for: 1. Grading at East Hill Skate Park—Authorize 2. S. 228`h Street Corridor Mitigation Grading—Authorize 3. Garrison Creek—Authorize (Continued next page) L KENT KENT CITY COUNCILAGENDAS �J WASH I NOTON June 7, 2005 Council Chambers MAYOR- Jim White COUNCILMEMBERS: Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Municipal Lot Block Nathan Torgelson 60 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC— Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Quota Club International Donation Presentation B. Lions Club Donation Presentation C. Soroptimist International Donation Presentation D. Employee of the Month Award E. Economic Development Update 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills— Approve C. Zoning Code Amendment ZCA-2004-1, Manufactured Housing, Ordinance— Adopt (Continued on Back) COUNCIL MEETING AGENDA CONTINUED 8. BIDS A. Fire Station 76 Underground Fire Pump Test Tank—Award B 3rd Avenue South Street Improvements —Award C. 2005 Asphalt Overlay—Award 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation 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 ct 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. 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N v o5 m °avc A 0v bEq ° c 0 m0 oEaV v mW, �� . aA o. 1'�^hvv oa yc $uEcO . u is� En A. nu A <U 5 EmQ mO mU� n CHANGES TO THE AGENDA 1 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 t 1 i i I 1 PUBLIC COMMUNICATIONS ' A) QUOTA CLUB INTERNATIONAL DONATION PRESENTATION i t B) LIONS CLUB DONATION PRESENTATION C) SOROPTIMIST INTERNATIONAL DONATION PRESENTATION i D) EMPLOYEE OF THE MONTH AWARD E) ECONOMIC DEVELOPMENT UPDATE i i i i t 1 CONSENT CALENDAR 6. City Council Action: 1 Councilmember ��,w,�, moves, Councilmember seconds to to approve Consent Calendar Items A through Y. a�C� Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of May 17, 2005. 6B. Approval of Bills. Approval of payment of the bills received through May 16 and paid on May 16 after auditing by the Operations Committee on May 17, 2005. Approval of checks issued for vouchers: Date Check Numbers Amount 5/16/05 Wire transfers 2045-2058 $1,219,411.70 I 5/16/05 PrePays & 577803 1,766,863.68 5/16/05 Regular 578429 13188,79101 5/16/05 Use Tax Payable 1,306.88 $4,176,373.27 Approval of checks issued for payroll for April 16 through April 30 and paid on May 5, 2005: Date Check Numbers Amount 5/5/05 Checks 283376-283679 $ 215,930.94 515105 Advices 179311-179989 15269,184.89 5/5/05 Interim Check 283680 27.01 5/5/05 Voided Check 282982 (27.01) 515105 Interim Check 283681 181.22 5/5/05 Voided Check 283641 (181.22) $11485,115.83 Council Agenda Item No. 6 A-B t KEN T Kent City Council Meeting WASNINGTON May 17, 2005 tThe regular meeting of the Kent City Council was called to order at 7:00 p.m by Mayor White. Councilmembers present: Clark,Hannon, Peterson, Ranniger,Raplee, Thomas and White. ' (CFN-198) CHANGES TO AGENDA A From Council, Administration, or Staff. (CFN-198) Chief Administrative Officer Martin noted two items of property disposition and one of pending litigation for the Executive Session. B. From the Public. (CFN-198) Continued Communications Item A-C were added at the request of audience members. CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through J. White seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of May 3, ' 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 April 5, 2005 were approved. Approval of checks issued for vouchers: tDate Check Numbers Amount 3/15/05 Wire transfers 1985-2001 $1,720,824 60 t 3/15/05 Pre-pays & 575070 308,033.54 3/15/05 Regular 575812 1,196,039.51 $3,224,897.65 Payment of the bills received through March 31 and paid on March 31 after auditing by the Operations Committee on April 5, 2005 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount ' 3/31/05 Wire transfers 2002-2014 $1,142,679.35 3/31/05 Pre-pays & 575813 1,019,998.79 3/31/05 Regular 576436 1,893,980 37 $4,056,658.51 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 May 17, 2005 Approval of checks issued for payroll 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 Approval of checks issued for payroll for March 16 through March 31 and paid on April 5, , 2005. Date Check Numbers Amount I 4/5/05 Checks 282813-283096 $ 215,839.36 4/5/05 Advices 177961-178634 1,225,464.25 , $1,441,303.61 C. Fire Department Position Change. (CFN-122) Change a 3/4 time vacant position to a full ' time position utilizing monies currently in the budget was approved. D. 2005 Agreement with Puget Sound Energy for Asphalt Overlays. (CFN-103) The Mayor was authorized to sign an agreement with Puget Sound Energy for including the overlay of 124th Avenue SE, SE 282 d Way, and 132"d Ave SE in the City's 2005 Asphalt Overlay Project upon concurrence by the City Attorney and the Public Works Director , E. Puget Sound Energy Agreement for Kent Station Easement. (CFN-171) The Mayor was , authorized to execute the respective document(s) granting an easement for property reflected in attached Easement to Puget Sound Energy, Inc. F. GeoEngineers Contract, 228th Corridor—West Leg Geological Sampling. (CFN-171) ' The Mayor was authorized to sign a contract with GeoEngineers, Inc., in the amount of $37,600.66 for soil sampling, analysis and recommendations related to bridge, retaining wall, and traffic signal foundation designs,upon concurrence by the City Attorney and Public Works Director. G. Supplemental Temporary Use Agreement with Mowat Construction. (CFN-171) The Public Works Director was authorized to sign a Temporary Use Agreement with Mowat Construction for the lump sum of$1,100 for the use of City right of way. , H. Kent Springs Water Tank Painting Project. (CFN-1038) The Kent Springs Water Tank Painting project was accepted as complete and release the retamage to Dunking &Bush, Inc. upon , standard releases from the state and release of any liens. The original contract amount was $42,432.00. The final contract amount was $42,432.00. I. Pacific Gateway Infrastructure Improvements Bill of Sale. (CFN-484) The Bill of Sale for the Pacific Gateway P-031 sanitary sewer submitted Jay Babcock for continuous operation and maintenance of 3,241 feet of sewers was accepted. The bonds are to be released after the maintenance period. This project is located at 20301 591h Place South. 2 Kent City Council Minutes May 17,2005 J. Pacific Highway South High Occupancy Vehicle Lanes Proiect. (CFN-1038) The Mayor ' was granted advanced authorization to sign the Construction Contract for the Pacific Highway South HOV Lanes Project subject to the lowest responsive bid being below the Engineer's estimate and subject to the approval of the Public Works Director and City Attorney OTHER BUSINESS A. Zoning Code Amendment Building Height Regulations in Green River Corridor Special Interest District, Ordinance. (CFN-131) The proposed ordinance amends the Kent City Code to apply the building height limitation on lots in the Green River Corridor Special Interest district only to riverfront lots; and to change the name of Green River Corridor Special Interest district to Green River Corridor district The Land Use &Planning Board held a public hearing on this issue on April 251h and unanimously recommended approval. CLARK MOVED to adopt Ordinance No. 3750 amending the Kent City Code to apply the height limitation on lots in the Green River Corridor Special Interest district only to nverfront lots, and to change the district name to Green River Corridor district White seconded and the motion carved. B. Zonine Code Amendment,Consistency In Appeal Provisions; Shoreline Master Program Amendments, Consistency In Appeal Provisions and Substantial Development Threshold, Ordinances. (CFN-131) One proposed ordinance amends the Kent City Code,to correct 1 inconsistencies in appeal provisions. The other proposed ordinance amends the Shoreline Master Program to correct inconsistencies in appeal provisions and raise the threshold for shoreline substantial development to the same level as the State statute. The Land Use& Planning Board held a public hearing on these issues on April 25`h and unanimously recommends approval. Community Development Director Satterstrom answered questions from Councilmembers regarding home occupation businesses. CLARK MOVED to adopt Ordinance No 3751 amending the Kent City Code to correct inconsistencies in appeal provisions; and Ordinance No 3752 amending the Shoreline Master Program to correct inconsistencies in appeal provisions and raise the threshold for shoreline substantial development to the same level as the State statute. White seconded and the motion carried. BIDS A. Garrison Creek Outlet Improvements. (CFN-1019) The bid opening for this project was held on May 2, 2005,with eight bids received. The low bid was submitted by Tn-State Construction, Inc. in the amount of$112,771.20 The Engineer's estimate was $148,751.52. WHITE MOVED to authorize the Mayor to enter into a contract with Tri-State Construction, Inc. in the amount of$112,771.20 for the Garrison Creek Outlet Improvements project Hannon ' seconded and the motion earned. B. Ramsay Way Street Improvements. (CFN-1038) The bid opening for this project was held on May 10, 2005, with seven bids received. The low bid was submitted by R.W. Scott Construction in the amount of$409,945.00. The Engineer's estimate was $421,268.00. WHITE MOVED to authorize the Mayor to enter into a contract with R W Scott Construction in the amount of$409,945.00 for the Ramsay Way Street Improvements project. Ranmger seconded and the motion carried. REPORTS Operations Committee. (CFN-198) Clark noted that the Suburban Cities quarterly dinner meeting will be held in Tukwila on June 8th. 3 Kent City Council Minutes May 17, 2005 Public Safety Committee. (CFN-198) Ranniger noted that the next meeting is at five o'clock on May 19th. , Parks & Human Services Committee. (CFN-198) Ranniger noted that the next meeting is May 19 at four o'clock. Administrative Reports. (CFN-198) Martin reiterated that there are three items for the Executive Session, that it should take 10-15 minutes, and that no action is expected. CONTINUED COMMUNICATIONS A. Kent Station. (CFN-198) Bob O'Brien, 1131 Seattle Street, suggested a moratorium on further improvement of the downtown area using taxpayer money. B. Par 3 Golf Course. (CFN-198) Ted Kogita, 25227 Reith Road, commented on , improvements made the Par 3 Golf Course above and beyond what he had expected. C. Water District#111. (CFN-198) Tom Brotherton noted that a group of citizens is concerned about water rates in Water District 111, and want to work with the City and the Water District to find a solution. EXECUTIVE SESSION (CFN-198) , The meeting recessed to Executive Session at 7:35 and reconvened at 8:10 p.m. ADJOURNMENT (CFN-198) THOMAS MOVED to adjourn at 8:10 p.m. Harmon seconded and the motion carried. Brenda Jacober, CM City Clerk 4 ' Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: ZONING CODE AMENDMENT ZCA-2004-1, MANUFACTURED HOUSING, ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. which amends the Kent City Code to allow manufactured homes in all residential zoning districts per the requirements of state statutes. The manufactured homes must be new, set on permanent foundations, have the lower portion enclosed, be thermally equivalent to the state energy code, and meet all other requirements for designated manufactured homes in state statute. ' 3. EXHIBITS: Ordinance ' 4. RECOMMENDED BY: Land Use & Planning Board and Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: ' Unbudgeted Expense: Fund Amount$ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda Item No. 6C ORDINANCE NO. AN ORDINANCE of the City Council of the city of Kent, Washington, amending chapter 15.02 and sections 15 04.020, and 15.04.030 of the Kent City Code, to allow manufactured homes in all residential zoning districts per the requirements of state statutes ' RECITALS A. RCW 35A.21.312 becomes effective July 1, 2005, and prohibits regulations that have the effect of discriminating against manufactured homes in a manner that is not equally applicable to all other homes. Currently, the Kent City Code permits mobile homes and manufactured homes in mobile home parks only; they are not permitted in any other zoning districts. �I B. On May 7, 2004, the City sent the required notification under RCW 36 70A 106 to the state of Washington of the proposed amendment to the zoning 1 code. The sixty (60) day notice period has lapsed. ' C. On June 14, 2004, the Land Use & Planning Board held a public hearing on the issue of allowing manufactured homes in all residential zoning ' districts within the city of Kent At the conclusion of the public hearing the Land Use & Planning Board forwarded a recommendation to the Planning & Economic ' Development Committee. On May 16, 2005 the Planning & Economic Development ' 1 Manufactured Housing- Amend KCC 15.04 Committee approved the proposed amendment and forwarded a recommendation to ' the full City Council. The City Council, on June 7, 2005, voted to amend chapter ' 15.02 and sections 15.04.020 and 15.04.030 of the Kent City Code to allow manufactured homes in all residential zoning districts, with the addition of conditions , allowed by state statute. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ' ORDINANCE SECTION 1. - Amendment Chapter 15.02 of the Kent City Code is amended to include the definitions of "designated manufactured home'' and "new manufactured home" as follows. Sec. 15.02.100.5. Designated manufactured home means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which: e a. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; b. Was originally constructed with and now has a composition or wood I shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences. Sec. 15.02.281. New manufactured home means any manufactured home ' required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a"used mobile home" as defined in RCW 82.45 032(2). 2 Manufactured Housing- , Amend KCC 15.04 i 1 1 SECTION 2. — Amendment. Section 15.04.020 of the Kent City Code is amended as follows. 1 1 1 1 I I 1 � I 1 1 1 1 1 i 3 Manufactured Housing- 1 Amend KCC 15.04 Sec. 15.04.020. Residential Land Uses. , Key Zonm Districts ' P=Principally Permitted Uses S=Special Uses y C=Conditional Uses = v C] W ` H A=Accessory Uses y o a y 3 Q ca ,ou SE = N E Ca q C.2 a m 'W �_ 72 q ao a v_ —'' d v `. ` `v 7 Ca .W.. " C j Upp a m E a 5 '�' Y. o Q n�, w Li. w r?, x a' (�' o c W 0 = a> c a> F > > v a E 3 o E U n m ;� 3 oa on ao to a o 'ed Loo E c 3 0 £ __ c vi 5 5 a ry .o .-1 x u £ 3 o U U .o' 3 ¢ to C v� � vi � � z o o Ll v o E C7 N re- 00 in 2 U U v x x z x z a z z z z x x g U o a N 3 One single-family dwelling per lot P P P P P P P P P P P P P P P A(1)A(I) (I)A(1) One duplex per lot P ' One modular home per lot P P P P P P P P P P I P P P Duplexes P P P P P P (22) Multifamily townhouse units P P P P P P P P P P C (19)(19) (2) (�) (2) (2) (15) (20)(20) C (5) Multifamily dwellings P P P P P P P P C , (2) (4) (2) 2) (15) C (5) Multifamily dwellings for senior P P P P P C , citizens (2) (2) (2) (15) Mobile homes and manufactured P homer Mobile home parks P P P P P P P , (13) (13)(l3)(13)(13)(13) Group homes class I-A P P P P P P P P P P P P P P P P P P C C C P Group homes class 1-B P P P P P P P P P P C C C P , Group homes class I-C C C C C P P P P P P C C C P Group homes class 11-A C C C C C C C C C C C C C C Group homes class 11-0 C C C C C C C C C C C C C C ' Group homes class II-C C C C C C C C C C C C C C C Group homes class III C C C C C C C C C (23)(23)(23)(23)(23)(23)(23)(23) (24) Rebuild/accessory uses for existing P(6) P P P P P P P P P P P P P P dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6J Transitional housing P P , (7) (2) Guest cottages and houses A A A A A A A A A (8) (8) (8) (8) (8) (8) (8) (8) (8) (21)(21)(21)(21)(21) (21)(21)(21) 1(21) Rooming and boarding of not A I A I A A A A A A A A A more than three persons Farm worker accommodations A A A A (17) (9) (17) (9) Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a (18)(18)(18) (18)(I8)(18)(18)(18)(18)(18)(18)(18) permitted use Accessory dwelling units A A A A A A A A A A A A A A A , (10) (10)(lo>(lo) (l0)(10)(10)(10)00)(10)(10) (10) (10) (10) (1o) 4 ` I Zoning Districts Y 5 P=Principally Permitted Uses = S=Special Uses w C=Conditional Uses A=Accessory Uses' � o 0 a � q a s —'' x W V w r✓` '� o °' ii E E y U q d a E q aoi a, , C7 Q U A m E Y a m y o m `—' c e c c �,' N ,o OC ° m E [3p] O O 0 q = O Q a N M �O 00 q F 1� V x 0. U U q ",�' V N C0 E A C.� .-] �0 U ' Q Q V V z U g U U C o G G Accessory Irving quarters A A A A A A A A A A A A A A (14)(14)(14)(14)(14) (14) (14)(14)(14)(14)(14)(14) (14) (14) ' Home occupations A A A A A A A A A A A A A A A A A A A A A A A A A A A A A (II)(II)(10(IQ PD p1}(u}(19(II)(14(10(II)pll(Ill(ID(I I)(14[II)P1l Pll pl)(II)(11l !11}<u)(u)(17)pl) (tt) Service buildings A ' Storage buildings and storage of A A A A A A A A A A A A A A recreational vehicles (16) (16)(16)(16)(16)(16)(16)(16)(16)(16)(16)(16)(16) Dnve-m churches, welfare C C C C C C C C C C C C C C C C C C C C C C C C C C C facilities (including emergency (12)(12) ' shelters), Dnve-m churches, retirement homes, convalescent homes and other welfare facilities whether privately or publicly operated, facilities for ' ' rehabilitation or correction,etc Desienated manufactured home P P P P P P P P P P P I P I P r4rri 1 ���1� SECTION 3. — Amendment. Section 15.04.030 of the Kent City Code is amended as follows: ' 25. A designated manufactured home is a permitted use with the ' following conditions: a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a ' j permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved ' concrete product that can be either load bearing or decorative; C. The designated manufactured home shall comply with all city ' design standards �jpplicabie to all other single family homes; d. The designated manufactured home shall be thermally ' equivalent to the state energy code; and e. The designated manufactured home shall meet all other , requirements for a designated manufactured home as defined in RCW 35 63.160. SECTION 4. —Savings. The existing sections of the Kent City Code, which are amended by this ordinance, shall remain in full force and effect until the effective ' date of this ordinance. SECTION S. — 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 portions of this ordinance and the same ' shall remain in full force and effect. 6 Manufactured Housing- ' Amend KCC 15.04 ' SECTION 6. - Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after passage as provided by law. JIM WHITE, MAYOR ATTEST: ' BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ' TOM BRUBAKER, CITY ATTORNEY PASSED: day of June, 2005. 1 APPROVED: day of June, 2005 ' PUBLISHED: day of June, 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 1Cml1ORDA`ANCE115-0LndISO4-ManufacnuedHounng.doc 7 Manufactured Housing- Amend KCC 15.04 Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: 2005 INTERLOCAL AGREEMENT WITH AUBURN FOR HOME REPAIR SERVICES—AUTHORIZE AND AMEND BUDGET 2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2005 Interlocal Agreement with the City of Auburn for home repair services. The City of Auburn is requesting the City continue to provide Home Repair services to Auburn residents in 2005. An Interlocal agreement outlining the services and compensation needs to be executed. The City will be reimbursed by the City of Auburn for all costs associated with the program for a sum of$154,000, including a $15,400 administrative fee (10% of the contract). 3. EXHIBITS: Staff report and copy of Interlocal agreement 4. RECOMMENDED BY: Parks and 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 B003005 Amount $154,000.00 Unbudgeted Revenue: Fund B00300 Amount $154,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D Staff Report Background The City of Kent has provided Home Repair Services funded by Auburn Community Development Block Grant (CDBG) since 2003 to Auburn residents. The City of Auburn wishes to continue to contract with the City of Kent to provide services for the 2005 program year. Program Description The City of Kent Home Repair Program will continue to provide: u+ Minor Home Repair services to qualified Auburn residents a� Major Home Repair services performed by contractors to qualified Auburn residents a� Emergency Home Repair services performed by Home Repair staff and/or contractors based on need. j�. Monthly reports meeting all HUD Community Development Block Grant requirements To accomplish the above the Kent Home Repair Program will provide: 0 Home Repair Specialist 0 Van 0 Tools and materials 0 Administration costs are$15,400.00 0 Additional resource and referral services. 0 Monthly service reports and billings The City of Auburn will provide: 0 Client referrals 0 Priority preferences for services 0 Initial intake 0 Loan processing The City of Auburn will provide financial remuneration as follows: 0 A one-year interlocal agreement for$154,000 00 0 Monthly reimbursement Program Outcomes and Performance Measures Outcomes Increase the home safety of low and moderate-income homeowners Improved condition of the housing stock for low and moderate income homeowners Performance Measures 46 Unduplicated City of Auburn clients Proposed Program Budget The following budget is based on current knowledge of Home Repair Services provided in the City of Kent and work completed in Auburn in prior year. Column A Cost Categories Total Budget Item -- Personnel Costs 71,446 -- Office/Operating Supplies 10,000 -- Consultant or Purchased Services 0 -- Construction Contracts/Real Property 46,754 Acquisition -- Communications and Advertisements 400 -- Travel and/or Training 0 - Intra-Agency Support (t.e. administrative 15,400 overhead) -- Capital Outlay-Construction 0 -- Other(Detail) (Vehicle Rental) 10,000 Total Project Costs $154,000 i AGREEMENT Between The CITY OF AUBURN,WASHINGTON AND CITY OF KENT,WASHINGTON THIS AGREEMENT,entered into this day of , 2005,between the City of Auburn, State of Washington, and City of Kent, State of Washington. WHEREAS,The City of Auburn is an entitlement applicant for Community Development Block Grant(CDBG) funds under the Housing and Community Development Act of 1974 (the Act), Pub L 93-383 as amended, and will receive CDBG funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR Part 570; and WHEREAS,The City of Auburn desires to award certain funds to City of Kent for use as described within this Agreement, for the purpose of iinplementing eligible activities under the Act and HUD regulations; and WHEREAS,It is appropriate and mutually desirable that the City of Kent be designated by the City of Auburn to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations, State law and local law are adhered to, as provided for herein; and WHEREAS, The purpose of this Agreement is to provide for cooperation between the City of Auburn and City of Kent, in implementing such eligible activities in the manner described herein, and iWHEREAS,The Legislature has declared that carrying out the purposes of federal grants or programs is both a public purpose and an appropriate function for a city, town,county,or public corporation; and WHEREAS, the provisions of RCW 35.21 730 through RCW 35.21 755 and RCW 35.21.660 and 35.21.670 and the enabling authority as herein conferred to implement these provisions are hereby construed to accomplish the purpose of RCW 35.21.730 through RCW 35.21.755; NOW,THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto,the parties mutually covenant and agree as provided for in this Agreement. PART I GENERAL CONDITIONS: 1. Scope of Agreement 2. Scope of Project 3. Commencement and Termination of Projects 4. Administration 5. Compensation and Method of Payment 6. Failure to Perform 7. Operating Budget 8. Funding Alternatives and Future Support 9. Amendments 10. Assignment and Subcontracting 11. Hold Harmless and Indemnification 12. Insurance 13. Conflict of Interest 14. Termination 15. Reversion of Assets PART II FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS: 1. Procurement Standards 2. Envirom-rental Review 3. Nondiscrimination 4. Labor Standards 5. Property Management 6. Acquisition and Relocation 7. National Flood Insurance 8. Lead-Based Paint Poisoning 9. Administrative Requirements and Cost Principles 10. Other Federal Requirements It. Non-substitution for Local Funding 12. Public Ownership 13. Public Information 14. Lobbying 15. Religious Organizations PART III EVALUATION AND RECORD KEEPING: 1. Evaluation 2. Audits and Inspections 3. Miscellaneous Records 4. Retention of Records 5. Reports PART IV Attachments PART V ACCEPTANCE AND SIGNATURES PART I. GENERAL CONDITIONS: 1. SCOPE OF AGREEMENT: The Agreement between the parties shall consist of the signature page; the general conditions; the Federal, State and local program requirements; the evaluation and record keeping requirements; each and every project Exhibit and Attachment incorporated into the Agreement, all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions.This Agreement supersedes any and all former agreements applicable to projects governed by this Agreement. 2. SCOPE OF PROJECT: City of Kent shall use funds only to perform the activities set forth in the Attachments hereto. In the case of multiple projects,each project shall correspond to a separate set of Attachments. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. 3. COMMENCEMENT AND TERMINATION OF PROJECTS: A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58, the Cityof Auburn shall furnish City of Kent with written notice to proceed No work on a project shall occur prior to the notice to proceed without written approval from the City. Termination dates for individual projects shall be specified in the appropriate Attaclunents. Costs incurred after the tennination date will not be reimbursed. The tennination date may be changed through amendment of this Agreement. B. Upon termination of individual projects covered by this Agreement, City of Kent shall transfer to the City of Auburn any CDBG funds on hand at the time of termination and any accounts receivable attributable to the use of CDBG funds. 4. ADMINISTRATION: City of Kent shall appoint a liaison who shall be responsible for overall administration of CDBG funded project(s) and coordination with the City of Auburn of Auburn's Department of Planning and Community Development City of Kent shall also designate one or more representatives who shall be authorized to sign the Voucher Reimbursement Requests and Program Accomplishments Forms The names of the liaison and representatives shall be specified in the Attachment(s). 5. COMPENSATION AND METHOD OF PAYMENT: A. The City of Auburn shall reimburse City of Kent only for the activities specified in the Attachments in an amount not to exceed the amount specified on Attachment#1 -- "CDBG APPROPRIATION."Reimbursement shall be based on a CDBG Voucher I Reimbursement Request and Program Accomplisluments Fonn submitted and signed by City of Kent 's authonzed representative Reimbursement is subject to the terns of Section 6 of this Part I. B. City of Kent shall submit a properly executed Voucher Reimbursement Request and Program Accomplishments Form as frequently as desired,but at a minimum no later than fifteen(15) working days after the close of each calendar quarter throughout the term of the project. The City of Auburn will make payment to City of Kent not more than forty- five(45)working days after said Reimbursement Request is received and approved by the City. The City of Auburn will issue a statement of correction in the event that the Voucher Reimbursement Request is erroneous. Payment does not constitute absolute approval. C. Any reimbursement must comply with conditions of Letter of Credit Procedure Regulations 1900 23 (Revised) in that funds on hand should not exceed$5,000 if retained beyond three(3) days and that any reimbursement in excess of the amount required shall be returned to the City. 6. FAILURE TO PERFORM: In the event of a failure to comply with any terms or conditions of this Contract or to provide in any manner the activities or other perfonnance as agreed to herein, the City of Auburn reserves the right, following written notice to City of Kent,to withhold all or any part of payment, suspend all or part of the contract, or prohibit City of Kent from incurring additional obligations of funds until the City of Auburn is satisfied that corrective action has been taken or completed as more specifically outlined in the Exhibit(s) and Attachments) to this contract. The option to withhold funds is in addition to, and not in lieu of,the City's right to termination as provided in Section 14 of the General Conditions of this Agreement. 7. OPERATING BUDGET: City of Kent shall apply the funds received from the City of Auburn under this Agreement in accordance with the Budget Summary in the attached Exhibit(s) No line item expense thereunder shall cause total expenditures charged to this Agreement to exceed the total amount appropriated to City of Kent by the City of Auburn 8. FUNDING ALTERNATIVES AND FUTURE SUPPORT: A. City of Kent shall report all project income generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this Agreement. Such program income shall be treated in accordance with all applicable rules and regulations found at 24 CFR 570.504. B. The City of Auburn makes no commitment to future support and assumes no obligation for future support of the activities contracted herein,except as expressly set forth in this Agreement. C. Should anticipated sources of revenue become unavailable to the City of Auburn for use in the Community Development Block Grant Program,the City of Auburn shall immediately notify City of Kent in writing and the City of Auburn will be released from all contracted liability for that portion of the Agreement covered by funds not yet received by the City. 9. AMENDMENTS: Either party may request modifications in the scope of permissible activities,terms,or conditions of this Agreement Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this Agreement.A written amendment may affect a project or projects authorized by this Agreement or may be of general application. 10. ASSIGNMENT AND SUBCONTRACTING: A. City of Kent shall not assign any portion of this Agreement without the written consent of the City of Auburn, and it is further agreed that said consent must be sought in writing by City of Kent not less than fifteen(15) days prior to the date of any proposed assigninent jB. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained herein City of Kent agrees that it is as fully responsible to the City of Auburn for the acts and omissions of its subcontractors and their employees and agents,as it is for the acts and omissions of its own employees and agents, as provided in paragraph I l.B. 11. HOLD HARMLESS AND INDEMNIFICATION: A. City of Kent agrees that it is financially responsible(liable) for any audit exception or other financial loss to the City of Auburn which occurs due to its negligence or its failure to comply with the ternis of this Agreement. B. City of Kent further agrees to defend, indemnify and hold harmless the City of Auburn, its elected and appointed officials, employees and agents from and against any and all claims,demands and/or causes of action of any kind or character whatsoever arising out of or relating to services provided under this Agreement by City of Kent, its employees, subcontractors,or agents for any and all claims by any persons for alleged personal injury, death, or damage to their persons or property to the extent caused by the negligent acts, errors or omissions of City of Kent , its employees, agents, subcontractors or representatives In the event that any suit or claim for damages based upon such claim, action, loss, or damages is brought against the City of Auburn,the City of Kent shall defend the same at its sole cost and expense;provided that the City of Auburn retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City of Auburn and/or its officers, agents, and/or employees or any of them or jointly against the City of Auburn and City of Kent and its respective officers, agents, subcontractors, employees or any of them,City of Kent agrees to fully satisfy the same and City of Kent shall reimburse the City of Auburn for any cost and expense which the City of Auburn has incurred as a result of such claim or suit. The provisions of this section shall survive the expiration or termination of this Agreement. 12. INSURANCE: A. Public Liability Insurance: City of Kent shall, at all times during the terns of this Agreement, at its cost and expense, carry and maintain general public liability insurance against claims for bodily injury, personal injury, death or property damage occurring or an sing out of services provided under this Agreement, which insurance shalt cover such claims as may be occasioned by any act,omission, or negligence of City of Kent or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased from time to time as deemed necessary by the City of Auburn with the approval of City of Kent which shall not be unreasonably withheld, shall not be less than one million dollars i ($1,000,000) combined single limit personal injury and property damage insurance.The insurance required above shall be issued by an insurance company or companies authorized to do business within the State of Washington and must be acceptable to the City. The City of Auburn shall be specifically named as an additional insured on all such policies, and all such policy or policies shall be primary to any other valid and collectible insurance. B. Building Risk Insurance: City of Kent shall cause to be maintained, during the period that any construction work is in progress, All Risk Builder's Insurance(including fire,vandalism, malicious mischief and extended coverage), in an amount not less than the value of destructible contract work in place. C. Proof of Insurance: Certificate or certificates or other evidence satisfactory to the City of Auburn evidencing the existence and terms and conditions of all insurance required above shall be delivered to the City of Auburn within five days of City of Kent 's receipt of the Authorization to Proceed. The policy or policies of insurance required to be maintained in accordance with this Agreement shall not be canceled or given notice of non-renewal nor shall the terms or conditions thereof be altered or amended without sixty(60) days written notice being given to the City. 13. CONFLICT OF INTEREST: A. Interest of Officers, Employees, or Agents: No officer, employee,or agent of the City of Auburn or City of Kent who exercises any functions or responsibilities in connection with the plarming and carrying out of the City of Auburn's CDBG Program,or any other person who exercises any functions or responsibilities in connection with the City,shall have any personal financial interest, direct or indirect, in this Agreement, and City of Kent shall take appropriate steps to assure compliance. B. Interest of Contractor(s) and Their Employees- City of Kent agrees that it will incorporate into every subcontract required to be in writing, and made pursuant to this Agreement,the following or equivalent provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Program,has any personal financial interest,direct or indirect, in this Contract.The Contractor further covenants that he or she presently has no interest and shall not acquire any interest,direct or indirect, which would conflict in any manner or degree with the performance of services hereunder The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed.Any such interest on the part of the Contractor or the Contractor's employees must be disclosed to City of Kent and the City. 14. SUSPENSION AND TERMINATION: A. This Agreement is subject to suspension or termination upon 30 days written notice by the City of Auburn should: i 1. City of Kent mismanage or make improper or unlawful use of CDBG funds; 2. City of Kent fail to comply with the terms and conditions expressed herein or the applicable regulations and directives of the Federal Government, State, or City; 3. CDBG funds become no longer available from the Federal Government or through the City; 4. City of Kent fail to carry out activities expressed by this Agreement,or 5. City of Kent fail to submit reports or submit incomplete or inaccurate reports in any material respect B. This Agreement is subject to suspension or termination upon 30 days written notice by City of Kent should: 1. The City of Auburn fail in its commitment under this Agreement to provide funding for services rendered, as herein provided; or 2. CDBG funds become no longer available from the Federal Government or through the City. C. This Agreement may be suspended or terminated at any time, in whole or in part, upon the written agreement of the City of Auburn and City of Kent. D. Otherwise this Agreement shall tenninate on the termination date specified on Attachment#1 attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with paragraph 9,Amendments,of this Part. E Upon termination of this Agreement, any unexpended balance of the CDBG funds awarded through this Agreement shall lapse and remain in the City of Auburn's CDBG fund. F. In the event that termination occurs under paragraph A(1)of this section, City of Kent shall return to the City of Auburn Kent all funds which were expended in violation of the terms of this Agreement. IS. REVERSION OF ASSETS: Upon expiration of this Agreement, City of Kent shall transfer to the City of Auburn any City of Auburn CDBG funds on hand at the time of expiration any accounts receivable attributable to the use of City CDBG funds. In the event that City of Kent ceases to use any asset acquired or improved with CDBG funds for the purpose described in this Agreement,within five years following the termination of this agreement, City of Kent shall pay to the City of Kent the fair market value of the asset less any portion of the value attributable to expenditures of non-CDBG funds. PART II. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS: 1. PROCUREMENT STANDARDS: In awarding contracts pursuant to this Agreement, City of Kent shall comply with all applicable requirements of local and State law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and RCW60.28.010, which addresses retained percentages. In addition, City of Kent shall comply with the requirements of the US. Office of Management and Budget Circular A-110 and/or A-102 and/or A-133, as applicable, relating to bonding, insurance and procurement standards, and with Executive Order 11246 regarding nondiscrimination in bid conditions for projects over$100,000. Where Federal standards differ from local or State standards,the stricter standards shall apply. The Federal standard of$100,000 for competitive bidding shall apply only if the applicable State or local standard for competitive bidding is greater than $100,000 2. ENVIRONMENTAL REVIEW: A. National Environmental Policy Act: The City of Auburn retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures(24 CFR Part 58). The City of Auburn may require City of Kent to furnish data, information and assistance for the City's review and assessment in determining whether an Environmental Impact Statement must be prepared. B. Other Federal Environmental Laws: In decision making and action pursuant to NEPA, and otherwise under this Agreement the standards, policies, and regulations of the following laws and authorities shall be followed: The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended, particularly section 106 (16 U.S.C. 470(f)); Executive Order 11593,Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.), particularly section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.0 469 et seq), particularly section 3 (16 U S.0 469a-1), as amended by the Archaeological and Historic Preservation Act of 1974, Flood Disaster Protection Act of 1973 (42 U S.C. 4001 et seq) as amended, particularly sections 102(a) and 202(a) (42 U S.C. 4012a(a) and 4106(a)), Executive Order 11988,Floodplain Management, May 24, 1977(42 FR 26951 et seq.), particularly section 2(a), Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq ), particularly sections 2 and 5; The Coastal Zone Management Act of 1972(16 U.S C. 1451 et seq.) as amended,particularly section 307(c) and (d) (16 U.S.C. 1456(c) and (d)); The Safe Drinking Water Act of 1974(42 U.S.C. 201, 300(0 et seq , and 21 U.S C. 349) as amended,particularly section 1424(e) (42 U.S.C. 300h- 303(e)); The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as amended, particularly Section 7 (16 U S.0 1536), The Wild and Scenic Rivers Act of 1968 (16 U.S C 1271 et seq ) as amended,particularly section 7(b) and (c) (16 U.S.C. 1278(b)and (c)); The Clean Air Act(42 U S C 7401 et seq.) as amended, particularly section 176(c) and (d) (42 U.S.C. 7506(c)and(d)), and HUD envirormiental standards(24 CFR Part 51, Environmental Criteria and Standards (44 FR 40860-40866, July 12, 1979). C. State Environmental Policy Act Agencies which are branches of government under RCW 43.21C.030 retain responsibility for fulfilling the requirements of the State Environmental Policy Act, RCW chap. 43 21C, and regulations and ordinances adopted thereunder If City of Kent is not a branch of goverrunent under RCW 43.21C 030, the City of Auburn may require City of Kent to furnish data, information and assistance as necessary to enable the City of Auburn to i comply with the State Environmental Policy Act. D Satisfaction of Environmental Requirements: Project execution under this Agreement by either the City of Auburn or City of Kent shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts A written notice to proceed will not be issued by the City of Auburn until all such requirements are complied with. 3. NOND[SCRIM[NATiON: A. General: City of Kent shall comply with all Federal,State and local laws prohibiting discrimination on the basis of age, sex,marital status,race, creed, color,national origin or the presence of any sensory, mental or physical handicap. These requirements are specified in RCW chapter 49 60;Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VIII, Executive Order 11063; Executive Order 11246; Section 3 of the Housing and Urban Development Act of 1968, Section 504 of the Rehabilitation Act of 1973; and,the Age Discrimination Act of 1975. Specifically, City of Kent is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR 570 602 (b)(1)and shall take such affirmative and corrective actions as are required by the Regulations at 24 CFR 570.602 (b)(4). B. Specific Discriminatory Actions Prohibited: 1. City of Kent may not,under any program or activity to which this Agreement may apply, directly or through contractual or other arrangements, on the grounds of race, I color,national origin, or sex: (i) Deny any person facilities, services, financial aid or other benefits provided wider the program or activity. (ii) Provide any person with facilities, services, financial aid or other benefits which are different,or are provided in a different form from that provided to others under the program or activity (iii) Subject any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity. (iv) Restrict in any way access to,or in the enjoyment of, any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. (v) Treat any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility,membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity. (vi) Deny any person any opportunity to participate in a program or activity as an employee. 2. City of Kent shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race,color, national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race,color,national origin,or sex. 3. City of Kent , in determining the site or location of housing or facilities provided in whole or in part with funds under this part, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin,or sex; or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act or of the HUD Regulations. C. Fair Housing: City of Kent shall take necessary and appropriate actions to prevent discrimination in Federally assisted housing and lending practices related to loans insured or guaranteed by the Federal government (Civil Rights Act of 1968, Title VII; Executive Order 11063). D. Employment, 1. In all solicitations under this Agreement, City of Kent shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. 2. City of Kent shall not discriminate against any employee or applicant for employrrient in connection with this Agreement because of age, sex,marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to, the following employment, upgrading, demotion or transfer,recruitment or recruitment advertising, layoff or ten-mnation,rates of pay or other forms of compensation, and selection for training. (RCW chap. 49.60; Executive Order 11246 as amended). 3. To the greatest extent feasible, City of Kent shall provide training and employment opportunities for lower income residents within the area served by CDBG assisted projects (Section 3,Housing and Urban Development Act of 1968, as amended). E. Contractors and Suppliers: 1. No contractor, subcontractor,union or vendor engaged in any activity under this Agreement shall disenminate in the sale of materials, equipment or labor on the basis of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory,mental, or physical handicap. Such practices include: employment, upgrading, demotion, recruiting,transfer, layoff,termination, pay rate, and advertisement for employment. (RCW chap. 49.60; Executive Order 11246 as amended). 2. All firms and organizations described above shall be required to submit to City of Kent certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions, provided, that certificates of compliance shall not be required from firms and organizations with fewer than 25 employees or on contracts and/or yearly sales of less than $10,000. 3. To the greatest extent feasible, City of Kent shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by CDBG funded activities or owned in substantial part by project area residents. (Section 3,Housing and Urban Development Act of 1968, as amended.) 4. CDBG funds shall not be used directly or indirectly to employ, award contracts to,or otherwise engage the services of,or fund any contractor or subrecipient during any period of debarment,suspension,or placement in ineligibility status under the provisions of 24 CFR Part 24. F. Notice• 1, City of Kent shall include the provisions of the appropriate subsections A, B,C,D, and E of this section 3 entitled"Nondiscrimination"in every contract or purchase order for goods and services under this Agreement and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of the commitments made in these subsections. 2. In advertising for employees, goods or services for the activities under this Agreement, City of Kent shall comply with Attachment O to OMB Circular A-102 or A-110, as applicable,Procurement Standards,paragraph 9,ContractinQ with Small and Minority Finns, Women's Business Enterprise and Labor Surplus Area finns Agencies shall be considered to be in compliance with this provision if at least one of the following steps is taken: (a) advertise in a minority publication in addition to publication of general circulation; (b)utilize a minority contractors bidding center; and(c) utilize the King County Affitniative Action Office Certified Minonty/Women's Business Enterpnse Directory. 4. LABOR STANDARDS: City of Kent shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act,as amended(40 U.S.0 sections 276(a)-276(a)(5)), and that they comply with the Copeland "Anti-Kickback" Act (40 U.S C. 276(c)) and the Contract Work Hours and Safety Standards Act(40 U.S C. 327 et seq) as prescribed at 29 CFR Parts 1,3,5,6 and 7; provided that this section shall not apply to rehabilitation of residential property designed for residential use by fewer than eight families. 5. PROPERTY MANAGEMENT: A. City of Kent agrees that any non-expendable personal property(capital equipment), purchased wholly or in part with project funds at a cost of$300(three hundred dollars)or more per item, is upon its purchase or receipt the property of the City of Kent and/or Federal govenunent Final ownership and disposition of such property shall be determined under the applicable provisions of Attachment N to the U.S. Office of Management and Budget Circular No A-102, and/or Attachment N to the U S. Office of Management and Budget Circular No. A-110, B. City of Kent shall be responsible for all such property,including its care and maintenance at City of Kent 's expense. C. City of Kent shall admit the City of Auburn's property management officer to City of Kent 's premises for the purpose of marking such property, as appropriate, with City property tags. r i D. City of Kent shall meet the following procedural requirements for all such property: 1. Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of CDBG funds used in the purchase of property; and location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two(2) years to verify the existence,current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any such loss,damage or theft of property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 6. ACQUISITION AND RELOCATION: A. Any acquisition of real property by a State Agency for any activity assisted under this Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(hereinafter referred to as the Unifom-i Act) (42 U.S C. 4601 et seq.)and the Regulations at 24 CFR Part 42. B. Implementation of any project provided for in this Agreement will be undertaken so as to minimize involuntary displacement of persons, businesses,nonprofit organizations,or farms to the greatest extent feasible C. Any displacement of persons, businesses,nonprofit organizations, or farms occurring as the result of acquisition of real property assisted under this Agreement shall comply with the Uniform Act, the Regulations at 24 CFR Part 42, and the City of Aubum's Displacement Policy required by Federal CDBG regulations at 24 CFR 570.305. The City of Kent shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR 570.602 (c) and(d). 7. NATIONAL FLOOD INSURANCE: To the extent indicated by 24 CFR 570.605,the City of Kent shall comply with the flood insurance purchase requirements of Section 202(a) of the Flood Disaster Protection Act of 1973. (42 U.S.0 4001 et seq. and the Federal regulations issued thereunder). The City of Kent shall comply with the Regulations at 24 CFR section 570.605. 8. LEAD-BASED PAINT POISONING: The City of Kent shall comply with the HUD Lead-Based Paint Regulations(24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act(42 U S.C. sections 4831 et sect.) requiring prohibition of the use of lead-based paint(whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures) and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950. 9. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES: A. If the City of Kent is a governmental entity, the City of Kent shall comply with the requirements and standards of OMB Circular A-128, "Audits of State and Local Government," and Circular A-87,"Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments," and with the following Attachments to OMB Circular No. A-102: 1. Attachment A, "Cash Depositories,"except for Paragraph 4 concerning deposit insurance; 2. Attachment B, 'Bonding and Insurance;" 3. Attachment C, "Retention and Custodial Requirements for Records;' 4. Attachment G, "Standards for Grantee Financial Management Systems;" 5. Attaclunent 1, "Monitoring and Reporting Program Performance,"Paragraph 2; 6. Attachment J, "Grant Payment Requirements;" 7. Attachment N, "Property Management Standards,"except for Paragraph 3 concerning the standards for real property; 8. Attachment O, "Procurement Standards;"and 9. Attaclunent P, "Audit Requirements" B. If the City of Kent is not a governmental entity, the City of Kent shall comply with the requirements and standards of OMB Circular No. A-133, "Audits of Institutions of Higher Learning and Other Non-Profit Institutions," and No. A-122, "Cost Principles for Non-Profit Organizations," and the following Attachments to OMB Circular No. A-110: 1. Attachment A, "Cash Depositories,"except for Paragraph 4 concerning deposit insurance, 2. Attachment B, 'Bonding and Insurance;" 3. Attachment C, "Retention and Custodial Requirements for Records;" 4. Attachment H, "Monitoring and Reporting Program Performance,"Paragraph 2; 5. Attachment N, "Property Management Standards,"except for Paragraph 3 concerning the standards for real property; and 6. Attachment O, "Procurement Standards." 10. OTHER FEDERAL REQUIREMENTS: The absence of mention in this Agreement of any other Federal requirements which apply ' to the award and expenditure of the Federal funds made available by this Agreement is not intended to indicate that those Federal requirements are not applicable to City of Kent activities The City of Kent shall comply with all other Federal requirements relating to the expenditure of Federal funds, including but not limited to. The Architectural Barriers Act of 1968 (42 U.S.C. 4151), and the Hatch Act(5 U.S C. Chapter 15) Additionally,the City of Kent shall comply with the Federal requirements described by 24 CFR Part 570, Sections 600 through 603; Section 605; and Sections 607 through 612. 11. NONSUBSTITUTION FOR LOCAL FUNDING: The CDBG funding made available under this Agreement shall not be utilized by the City of Kent to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds ( under this Agreement 12. PUBLIC OWNERSHIP: For Agencies which are not municipal corporations organized under the laws of the State i of Washington,it may become necessary to grant the City of Auburn a property interest where the subject project calls for the acquisition, construction,reconstruction, rehabilitation, or installation of publicly owned facilities and improvements. The City of Kent shall comply with current City requirements regarding transfer of a property interest sufficient to meet any public ownership requirement imposed by law. 13. PUBLIC INFORM4TION: A. In all news releases and other public notices related to projects funded under this Agreement, City of Kent shall include information identifying the source of funds as the City of Auburn CDBG Program. B. For all construction projects City of Kent shall erect a sign to City specifications at the construction site, identifying the source of funds, except that this requirement may be waived for construction projects of$100,000 or less. C. City of Kent acknowledges that this Agreement and any other information provided by it to the City of Auburn and/or relevant to the Project(s)described in the Exhibit(s) and Attachment(s) are subject to the Washington State Public Disclosure Act, Chapter 42 17 RCW. 14. LOBBYING: City of Kent certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any City of Kent , a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative j agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure ■ Form to Report Lobbying," in accordance with its instructions. C. The City of Kent shall require that the language of this certification, or equivalent language,be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly_ This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. i i 15. RELIGIOUS ORGANIZATIONS: The City of Kent will comply with all federal requirements concerning religious organizations and the use of Conununity Development Block Grant funds. All services delivered must be dispensed in a clearly non-sectanan manner, devoid of any religious influence PART III. EVALUATION AND RECORD KEEPING: 1. GENERAL: The City of Kent agrees to maintain records and provide reports as listed in the Exhibits to this Contract, and as defined in 24 CFR 570.506. 2. EVALUATION: The City of Kent agrees to participate with the City of Auburn in any evaluation project or performance report, as designed by the City of Auburn or the appropriate Federal Agency, and to make available all information required by any such evaluation process. 3. AUDITS AND INSPECTIONS: The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City,Federal or State officials so authorized by law during the perfornance of this Agreement and during the period of retention specified in this Part III. A. Audits ' The City of Kent will provide at or before the contract signing a copy of the City of Kent is most recent audit. The City of Kent will provide to the City of Auburn a copy of the City of Kent 's most recent audit for each year in which a contract for the use of funds exists with the City Failure to provide such audit will be considered a material breach of the contract and result in a refund to the City of Auburn of all moneys paid or due under the contract. B. Audit Requirements: Agencies receiving S300,000 or more in federal funds will provide to the City of Auburn the above required audits conducted in a manner pursuant to OMB Circular A-133. 4. RECORDS: All Agencies receiving Community Development Block Grant funds from the City of Auburn shall maintain a certified public audit for the City of Auburn Community Development Block Grant year in which the funds are awarded and through each Community Development Block Grant year or portion thereof,in which the funds are used or a contract exists between the City of Auburn and the City of Kent. As required by HUD Regulations,24 CFR Part 570,the City of Kent shall compile and maintain the following records- A. Financial Manauement: Such records shall identify adequately the source and application of funds for activities i within this Agreement, in accordance with the applicable provisions of Attachment G to the U.S Office of Management and Budget Circular A-110.These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. B. Relocation: City of Kent record keeping must comply with the Uniform Act implementing regulations at 24 CFR Part 42. Indication of the overall status of the relocation workload and a separate relocation record for each person,business, organization, and fann operation displaced or in the relocation workload must be kept C. Property Acquisition: City of Kent files must contain a separate acquisition file for each acquisition process documenting compliance with the implementing regulations for the Uniform Act at 24 CFR Part 42. Major requirements include: (a) invitation to owner to accompany appraiser during inspection, (b) at least one property appraisal, (c) statement of basis for determination of just compensation,(d)written offer of just compensation, (e)all documents involving conveyance, (f) settlement cost reporting statement, and(g) notice to surrender possession of premises. D. Equal Opportunity: I The City of Kent shall maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Agreement The City of Kent shall also maintain data which records its affirmative action in equal opportunity employment, and its good-faith efforts to identify, train, and/or hire lower-income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project E. Labor Standards: Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR 270.603 and any State labor standards, as applicable. F. Miscellaneous Records. The City of Kent shall maintain such other records for each separate CDBG-funded project as may be required by HUD or the City, including but not limited to:. 1. Original Funding Application. 2. Grant Award Letter. 3. Notice to Proceed and/or equivalent written approval from City. 4. Project or program related authorizations,motions,resolutions or meeting minutes of the City of Kent's goveming body. 5. Contract Attachments, ExhLbits and any amendments thereto. 6. This Agreement and any amendments thereto. 7. Voucher reimbursement requests and program accomplishment forms. 1 S. Bills for payment. 9. Approved vouchers and warrants. 10. Where CDBG funds will support City of Kent staff salary and/or fringe benefit costs, payroll time sheets signed by the employee and the employee's supervisor, annotated to document percent of time charged against the project if less than full time. 11. Where CDBG funds will be used to offset the cost of communications, travel and office supplies,and where these costs are shared with other programs and no invoice is available, documentation such as log sheets (for copy machine use,odometer readings, etc ). As an alternative, annotated invoices may be used to document charges as appropriate 12. In capital projects where CDBG funds will be used to hire physical laborers and/or tradespeople (regardless of Davis-Bacon applicability to the project),hours that these employees worked, and their rate of pay per hour. 5. RETENTION OF RECORDS: Required records shall be retained for a period of three(3)years after termination of this Agrcemcnt, except as follows: (1)Records that are the subject of audit findings shall be retained for three(3) years after such findings have been resolved. (2) Records for nonexpendable property shall be retained for three(3) years after its final.disposition. Nonexpendable property is defined in Attachment N to U.S. Office of Management and Budget Circular No A-102, for governmental entities, and Circular No. A-110 for non- governmental organizations. 6. REPORTS The City of Kent shall submit such reports as required by the City of Auburn at such tunes as required by the City. Notwithstanding any other provision of this Agreement to the contrary, the reports required by the City of Auburn shall be submitted by the City of Kent no less than on an annual basis. Such reports shall also be submitted prior to project completion. PART IV. EXHIBITS The following exhibits are incorporated herein by reference A. Environmental Determination. B. City of Auburn's Management Memorandum: Housing Repair Eligibility and Administrative Policies C. Exhibit 41: General Contract Information D. Exhibit 42: Project Budget E. Exhibit#3: Special Conditions F. Exhibit#4. Performance Measurements 1 i PART V. ACCEPTANCE AND SIGNATURES: ' The parties hereto agree and accept the terms, conditions, covenants and all matters and laws incorporated by reference herein and therefore cause their hands to affix their signatures as evidence to their acceptance of this Agreement before their designated witnesses and/or notaries. CITY OFAUBURN MAYOR ATTEST: APPROVED AS TO FORM: Danielle Daskam, Daniel B.Heid, City Clerk City Attorney CITY OF KENT,WASHINGTON TITLE: STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of 2005,before me,the undersigned,a Notary Public in and for the State of Washington,personally appeared ,to me known to be the of City of Kent,Washington,municipality referenced within the foregoing instrument,and acknowledged said trimment to be the free and voluntary act and deed of saidCity for the uses and purposes therein mentioned,and on oath stated that he/she is authorized to execute said instrument on behalf of said City IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the date hereinabove set forth NOTARY PUBLIC in and for the State of Washington, residing in MY COMMISSION expires: EXHMTT#1 Community Development Block Grant Contract General Information PROJECT NO : BG 0506 TITLE: City of Auburn Housing Repair Program PROJECT SUMMARY: Loans and grants for repair of low income,owner-occupied, single family homes. ELIGIBILITY: 24CFR 570.202—Low/Mod Limited Clientele NATIONAL OBJECTIVE: Low/Moderate Income Housing CDBG APPROPRIATION: $154,000 TYPE OF PROJECT- Capital PROJECT LOCATION: City-wide SPECIAL CONDITIONS: See EXHIBIT#3 Special Conditions TERMINATION DATE: December 31,2005 CONTACT PERSON Katherm Johnson TITLE: Human Services Manager MAILING ADDRESS:- 220 4`h Ave. S.,Kent,WA 98032 PHONE NUMBER: 253-856-5070 FAX NUMBER: 253-856-6070 PERSON(S)AUTHORIZED TO SIGN VOUCHER REIMBURSEMENT REQUEST AND PROGRAM ACCOMPLISHMENTS FORM NAME/TITLE Katherm Johnson, Human Services Manager SIGNATURE (optional)NAME/I'ITLE John Hodeson,Parks, Recreation and Community Service Director SIGNATURE ExxrsrT#2 , Community Development Block Grant Contract Project Budget PROJECT NO •BG 0506 TITLE:City of Auburn Housing Repair SUMMARY OF TASKS AND COSTS PERSONNEL COSTS Annual Percent of List Employees by Position Title Salary Time to Item Total Project Home Repair Supervisor 57,408 20% 11,482 Home Repair Specialist 41,760 70% 29,232 Home Repair Specialist 45,984 20% 9,197 Home Repair Worker 39.672 10% 3,967 0 0 Fringe Benefits(taxes,benefits) 17,568 17,568 0 0 0 0 Category Total (Should be the same as No. 1 in Budget Detail)] 202,392 71,446 (continued) EXHIBIT#2(CONTINUED) Community Development Block Grant Contract Project Budget BUDGET DETAIL Column A Column B Column C Cost Categories Total Budget CDBG Other Non- Item Funds CDBG Funds -- Personnel Costs 71,446 71,446 Office/Operating Supplies 10,000 10,000 -- Consultant or Purchased Services 0 0 Construction Contracts/Real 46,754 46,754 - Property Acquisition Communications and 400 400 Advertisements -- Travel and/or Training 0 0 - Intra-Agency Support (i e. 15,400 15,400 - administrative overhead Capital Outlay -Construction 0 0 Other(Detail) (Vehicle Rental) 10,000 10,000 Total Project Costs (Note : Column A must equal sum $154,000 $154,000 -0- of Column B and C Column A Column B Column C Source of Funds Total City of Auburn Other Sources City of Auburn CDBG Funds 154,000 154,000 -- City of Auburn General Funds -- Other Funds Grand Total {Note : Column A must equal sum 154,000 154,000 of Column B and C EXHIBIT#3 Community Development Block Grant Contract Special Conditions BG#0506 1. Resolution#3772• In accordance with the legislative intent of the City Council as expressed in CDBG Budget Resolution#3772,the Agency must: [Provide] Grants of less than $5,000 for necessary repairs and renovation of single family homes owned and occupied by low and moderate income households at various locations throughout Auburn as follows. (a) City of Auburn Responsibilities- The Department of Planning and Community Development Department of the City of Auburn shall be responsible for the following project-related activities. • program publicity • maintenance of program regulations,including income eligibility standards • provision and updating of program application form(s) • client intake and eligibility determination • flood plain and insurance requirements,if any • maintenance of individual client files which include application,proof of income and ownership,and notification of completion of work,processing and recording of any necessary loan documents (b) City of Kent Responsibilities. City of Kent staff shall be responsible for the following project-related activities. • construction need assessment • work orders • contractor bid documents and bid process, if necessary • hiring and payment of contractors • liaison betty een client and contractors inspection upon completion of work (e) Payments,Reimbursement City of Kent is responsible for all payment of contractors City of Kent shall submit a monthly reimbursement request to the City of Auburn,and shall include with that request a statement of projects completed,projects in progress,amount of grant spent in billing period, total amount spent to date,and amount of grant remaining 2. Timely Progression of Protect The Agency agrees that it will complete the above project in a timely manner,and comply with the time Ime as set forth in Exhibit#5,Project Time Line 3. Limitations on Expenditures and Adiustments: In the event that the City receives less CDBG revenues than originally estimated in the CDBG budget ordinance,the Agency will receive a proportionately equal reduction in its appropriation relative to the total decrease in total CDBG revenues The amount of CDBG funds available to the Agency is stipulated in the"Notice of Grant Award."If the amount CDBG funds available to the Agency is less than appropriated; then the City will notify the Agency in writing when additional CDBG funds become available. 4. Termination of the Contract This Agreement between the CITY OF AUBURN and City of Kent shall terminate on December 31. 2005 In accordance with the tei ins of the Agreement,all unspent CDBG funds at the time of termination shall lapse and return to the City of Auburn's CDBG fund 5. Public Information:The stipulations of Section 13(B)of the Agreement regarding the placement of sign(s)identifying the source of funds is hereby waived. i EXHIBIT#4 Reporting Requirements and Recordkeeping-BG# 0506 1. Reimbursement Schedule- (a) The Agency must submit a request for reimbursement at least once a quarter and may submit such a request on a monthly basis,beginning with the date of this Agreement, and applicable to all costs incurred toward this grant beginning January 1,2005. (b) Failure to submit a quarterly request for reimbursement in accordance with Part 1,Section 5 of this Agreement may cause the City to consider the Project abandoned and the CDBG funds made available for re-appropriation.Continued failure to request reimbursement and submit required performance reports will cause the City to take corrective action as it deems necessary (c) The City shall reimburse the Agency for its expenses incurred implementing this Agreement within the forty-five(45)days following the receipt of a Voucher Reimbursement Request. 2. Required Contents of Reimbursement Request: (a) Reimbursement Cover Sheet as supplied, showing Agency name,address,contact mformanon, and budget information, ` (b) Accomplishments data sheet as supplied for the Agency,showing how the Agency has progressed toward its goals as set forth in Exhibit#5 (c) Failure to properly submit a reimbursement request,through the omission of the above-required items or through material omissions within those documents,will cause the request to be returned to the Agency and will cause a delay in the disbursement of funds. EXHIBIT#5 PERFORMANCE MEASUREMENTS BG#0306 Part 1.Schedule by Task Milestones Quarters (Projected Number of Units) 1st 2nd 3rd 4th Loans/Grants Identified by City- Major Repairs 4 4 3 1 Loans/Grants Identified by City- Minor Repairs 9 9 8 7 Current Projects Completed Units (Actual Number of Units) Loans/Grants Identified by City Current Protects Completed Units Part 2. CDBG Expenditure Rate CDBG Funds Vouehered Projected Actual 5 I' Quarter (1/1 —3/31) 38,500 2nd Quarter (4/1—6/30) 38,500 3rd Quarter (7/1 —9/30) 38,500 4'" Quarter (10/1 — 1213 1) 38,500 i Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: EAGLE CREEK FINAL PLAT—APPROVE AND AUTHORIZE (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: Approve the Final Plat Mylar for Eagle Creek and authorize the Mayor to sign the Mylar, subject to Council approval of the Soos Creek Water and Sewer District Agreement For Easement providing for an off site sewer easement. Lawrence Onorati, on behalf of Bennett Sherman, LLC, proposes a final subdivision of approximately 11.22 acres into 49 single-family residential lots The property is located at 13602 SE 282nd Street. 3. EXHIBITS: Map and memo with conditions 4. RECOMMENDED BY: Communi1y Development and Public Works Dept. Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E t COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES KENT Charlene Anderson, AICP, Manager WASHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: May 31, 2005 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: EAGLE CREEK FINAL PLAT(#FSU-2002-8/KIVA #2043714) MOTION: Approve the final plat mylar for Eagle Creek and authorize the Mayor to sign the mylar, conditioned on approval of the Soos Creek Water and Sewer District Agreement For Easement providing for an off site sewer easement. SUMMARY: Lawrence Onorati, on behalf of Bennett Sherman, LLC, proposes a final subdivision of approximately 11 22 acres into 49 single-family residential lots The property is located at 13602 SE 282"d Street. BUDGET IMPACT: None BACKGROUND: On June 23, 2004, the Hearing Examiner issued Findings, Conclusions and a Decision granting preliminary approval of a 49-lot subdivision and Planned Unit Development, with 16 conditions. The applicant has complied with the conditions required prior to recording. S\Permit\Plan\longplats\2002\2043714-FSU-2002-8cc DOC Enclosure. Conditions of approval—Hearing Examiner I I - IR. IMa,\`j0 p1)l\ M �ly`C3.33:���� I � ,may y`yyyyyy`��• ys\3\ A yf2o�` 1- T The proposed development will receive satisfactory transit services and City of Kent public utilities will provide potable water and sanitary sewer services. Findings of Fact Nos. 10, 11, and 19. With conditions of approval, the impacts to on-site Category 1 Wetland A and to the on- site portion of the buffer associated with Wetland B adjacent to the subject property will be mitigated. The proposal will provide adequate connectivity to surrounding public roadways and pedestrian paths, including safe pedestrian access for school-aged children. The Applicant will mitigate impacts to Kent School District #415. Findings of Fact Nos, 3, 7, 8, 9, and 18, With conditions of approval, the proposed development will adequately provide for the public health, safety and general welfare concerning open spaces, drainage ways, streets, potable water supplies, sanitary wastes, transit stops, parks, recreation, schools and school grounds, and safe pedestrian access to schools. Construction of this subdivision will serve the public interest. As conditioned, the proposed subdivision is consistent with Kent City Code development standards and the Kent Comprehensive Plan. Findings of Fact Nos. 1 through 23. DECISION The Applicant's request for approval of a Preliminary Plat (SU) and Planned Unit Development (PUD)for construction of a 49-lot detached single-family unit development on 11.22 acres, to include 5.25 acres of open space, located at 13602 SE 282n' Street, in Kent, WA, is GRANTED subject to the following conditions: A. PRIOR TO RECORDING THIS PUD/SUBDIVISION: 1. The Owner/Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. 2. The Owner/Subdivider shall provide Public Works with a digital plat map prepared with a CAD program. The digital information can be formatted in either *.DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State Plane coordinates: an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The elevations of these benchmarks will be reported at the time as-built Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek #PUD-2003-3 K/VA#RPP4-2033356 #SU-2002-8 KJVA#RPP3-2033354 Page 15 of 26 drawings are submitted along with field notes sufficient to verify their accuracy. 3. The Owner/Subdivider shall submit and receive City approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following. a. Extend the public sanitary sewer system per the conditions and requirements of Soos Creek Water& Sewer District. The septic system serving the existing home(s) within the proposed plat - if any - shall be abandoned in accordance with King County Health Department Regulations. b. Provide for a public water system meeting domestic and fire Flow requirements for all lots per the requirements of Water District #111. Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology. C. A stormwater system. The Engineering Plans shall meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM) and 1998 King County Surface Water Design Manual. Initial guidance for the Engineering Plans are given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans. The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan r discussed below, and the Planning Services approved Detailed Tree Plan 1 Findings, Conclusions and Decision k Hearing Examiner for the City of Kent Eagle Creek #PUD-2003-3 KIVA#RPP4-2033356 #SU-2002-8 K/VA #RPP3-2033354 Page 16 of 26 (3) The retention/detention and release standard that will be met by the subdivision is Level Two. The water quality menu that will be met by the subdivision is Resource Stream Protection Menu. (4) The site improvement plans and technical information report shall contain drainage calculations and a drawing of the retention/detention pond tract at an appropriate engineering scale to show that the proposed on-site or off-site retention/detention tract is large enough to contain the required minimum stormwater storage volume and water quality facility. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers. (5) A downstream analysis shall be prepared for this development, and it shall include an analysis for capacity, erosion potential, and water quality. Refer to the requirements of Technical Information Reports in Section 3: "Offsite Analysis" of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. (6) As development occurs within this subdivision, roof downspouts for each roofed structure (house, garage, carport, etc.) shall be directed to Roof Downspout Controls per Chapter 5.1 of the 1998 King County Surface Water Design Manual. (7) If determined necessary by the Public Works Department, based on the City-approved downstream analysis, the Owner/Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. (8) The Owner/Subdivider shall submit Landscape Plans for within and surrounding the retention/detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek #PUD-2003-3 KlVA#RPP4-2033356 #SU-2002-8 KlVA#RPP3-2033354 Page 17 of 26 Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. I Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential adverse stress upon all types of vegetation. i (9) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. (10) The owner/Subdivider shall design and construct two separate bypass drainage lines to collect and convey upstream drainage from the adjacent Newell and Stuckey properties to the created wetland areas noted at Tract A and C respectively. The design and location of these bypass facilities shall be approved by Planning Services and the Public Works Department prior to issuance of the Civil Construction Permit for this proposed development. Construction of these drainage lines shall be limited to the dry months No interruption of drainage function shall be allowed to occur which would result in flooding of the adjacent properties. (11) As it directly relates to open space required per the Planned Unit Development regulations, the Owner/Subdivider shall construct the stormwater detention and water quality ponds as designed on the "Storm Drainage Plan/ Road Section" drawing per the preliminary plat application submittal dated July 7, 2002 drawn by Baima/ Holmberg, Inc. d. The Applicant shall submit a Detailed Grading Plan for the entire subdivision/PUD meeting the requirements of the Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek APUD-2003-3 K1VA#RPP4-2033356 #SU-2002-8 K1VA #RPP3-2033354 Page 18 of 26 (1) These plans shall include provisions for utilities, roadways, retention/detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. e. The Applicant shall submit a Final Wetland Mitigation Plan meeting the requirements of the City of Kent Wetlands Management Ordinance, and City of Kent Development Assistance Brochure #10, Wetland Mitigation Plans. These plans shall pursue avoiding or minimizing impacts to wetlands to the maximum extent possible by analyzing alternatives that would avoid the impact, as stated in Kent City Code, Section 11.05.120 -Avoiding wetland impacts. jf. Interim Street Improvement Plans for Southeast 282"d Street along the entire property frontage thereon. These Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards. and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6-8, Street Improvement Plans, for a street designated as a Residential Collector Arterial Street by the City of Kent Master Plan of Roadways. Initial guidance for the necessary interim street frontage improvements is given below: (1) Combined vertical concrete curbs & gutters, a 5-foot wide planter strip, and a 5-foot cement concrete sidewalk along the north side of the street. (2) A minimum of 18 feet of asphalt pavement as measured from the City-approved design centerline to the face of curb on the north side of the street, plus at least 12-feet of asphalt pavement as measured from the approved centerline to the edge of the traveled lane on the south side of the street. (3) A City-approved shoulder on the south side of the street. (4) A City-approved street lighting system using cobra head, full cut-off, luminaire fixtures and street light standards with arms. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek 1 #PUD-2003-3 KIVA#RPP4-2033356 #SU-2002-8 KIVA#RPP3-2033354 Page 19 of 26 s (5) Public stormwater collection, conveyance, detention and treatment facilities as applicable. (6) Street Trees installed within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. g. The Applicant shall submit Street Improvement Plans for the new looping public Residential Street connected to Southeast 282nd Street and identified on the preliminary subdivision/PUD as Roads A, B, C, D & E. The Street Improvement Plans for this street shall be designed in conformance with the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide. Initial guidance for these street frontage improvements is given below: (1) Combined vertical curbs & gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and 5-foot wide cement concrete sidewalks along both sides of the street (2) A minimum of 28-feet of asphalt pavement, measured from face of vertical curb to face of vertical curb. (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by a Home Owner's Association. (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (5) Curb return radii of 20-feet at the comers of each intersection and horizontal bend of this subdivision street. 1 Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek 1 #PUD-2003-3 KIVA#RPP4-2033356 #SU-2002-8 KIVA #RPP3-2033354 Page 20 of 26 (6) Street Trees installed within the 5-foot wide planting strips. These Street Trees will be located as approved by both Planning Services and the Public Works Department, and the species shall be selected from the Approved Street Tree I List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. (7) The ROW shall not extend into the wetland buffer at the corner where Road A and Road B meet. A reduction in the ROW width (maximum width of 4 feet) may be allowed at this comer only. If grading to construct the road encroaches into the wetland buffer, a restoration plan shall be required. This shall be determined at the time of grading plan and civil construction approval. If a restoration plan is to be required, it shall be approved prior to issuance of any permits. h. Street Improvement Plans for the new looping Private Residential Street proposed within Tract E, and connected to the north side of new looping public subdivision street at both ends. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent D evelopment A ssistance B rochure # 6-8, S treet Improvement Plans for a street at least 20-feet wide. Initial guidance for these street improvements is given below: (1) A minimum of 20-feet of asphalt concrete pavement. (2) A 5-foot wide paved walkway constructed along one side (the north side) of the entire loop street. (3) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (4) Unless additional asphalt concrete pavement width is provided for parking, all minimum width private streets L serving more than two lots shall have pavement markings and traffic signs installed which clearly designate these private streets as Fire Lanes, where no parking will be permitted. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek #PUD-2003-3 K1VA#RPP4-2033356 #SU-2002-8 K)VA #RPP3-2033354 Page 21 of 26 (5) This private street, including the sidewalk should be ' centered within a private roadway tract or easement that is at least 1-foot wider than the total width of the private street and sidewalk combination. i. The Applicant shall submit Street Improvement Plans for the new Private Residential Alley proposed to serve Lots 25 though 49 and connecting to Public Streets B, C, and D. The Department of Public Works recommends that the Improvement Plans for this alley should be designed as closely as possible to the requirements for a Private Residential Street as required by City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City o f Kent D evelopment A ssistance Brochure # 6-8, Street Improvement Plans. Following are the minimum criteria for these private alley improvements: 1 (1) A minimum of 16-feet of asphalt concrete pavement. (2) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (3) Unless additional asphalt concrete pavement width is provided for parking, all minimum width private streets serving more than two lots shall have pavement markings I and traffic signs installed which clearly designate these private streets as Fire Lanes, where no parking will be permitted. (4) This private alley will connect to the north, east, and west sides of the new public looping Residential Street, and should include provisions for at least 15-foot radii at the tee intersection, and at each alley connection to the new Residential Streets. (5) This private alley should be centered within a private roadway tract or alley and utility easement that is at least 1- foot wider than the total width of the private alley. The owner/Subdivider shall use sprinkled construction on any home proposed on lots 44 through 46. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek #PUD-2003-3 KIVA#RPP4-2033356 #SU-2002-8 KIVA #RPP3-2033354 Page 22 of 26 MW r k. Pursuant to Section 15.05.040(1) KCC, the Owner/ Subdivider shall file and record with the King County Recorders Office a restnctive covenant restricting parking to the inside of individual garages on lots 25 through 49. r1. Pedestrian Walkway Improvement Plans for a 6-foot wide vertically separated asphalt walkway, or a 5-foot wide cement concrete sidewalk, connecting the east end of the 5-foot wide sidewalk constructed along SE 282nd Street to the existing 5-foot wide cement concrete sidewalks constructed about 160-feet to the east this subdivision. M. Street Light Plans for all public streets meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements. i4. The Owner/Subdivider shall create a Homeowner's Association for this subdivision/PUD to ensure that the property owners within this subdivision 1 PUD are advised of their requirement to pay for the provided street lighting system. Those sections of the required document written to govern that association as they relate to any Intol-ight Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. 5. The face o f t he final p lat/PUD w ill c learly i den*t he p rivate s treet a nd alley, and which parcels will be served by that private street and alley as well as all private open space tracts within the development. The face of r the final plat/PUD will also specify that the maintenance and ownership of the private street and alley is the sole responsibility of the property owners who are served by that private street and alley and the maintenance of all private open space tracts shall be the sole responsibility of the new Home Owners Association. 6. The O wner/Subdivider s hall deed all p ublic rights-of-way, a nd otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development, including necessary fillets of right-of-way as deemed necessary by Public Works at the comers of all public street intersections, and necessary fillets for private roadway tracts at the intersections of all private and public streets r Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek I #PUD-2003-3 K1VA #RPP4-2033356 #SU-2002-8 KIVA#RPP3-2033354 Page 23 of 26 7. The Owner/Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetlands) and associated buffer(s) by creating a separate Sensitive Area Tract(s) and deeding the tract(s) in fee simple to the City, OR by granting a Sensitive Area 1 Easement to the City for the entire sensitive area, in conformance to the requirements of the City of Kent Wetlands Management Code. This Sensitive Area Tract or Easement shall be consistent with the wetland and I wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner/Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTSIEASEMENTS DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND 1 WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT/EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT/EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO OUTBUILDINGS AND OVERHANGS)ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT/EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY, Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek #PUD-2003-3 KIVA#RPP4-2033356 #SU-2002-8 KIVA #RPP3-2033354 Page 24 of 26 THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC ' UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. 8. The Owner/Subdivider shall provide the Department of Public Works with a copy of an approved Hydraulic Project Approval (HPA), OR A WRITTEN WAIVER THEREFROM issued by the Washington State Department of Fish and Wildlife with the first submittal of Construction Plans. Contact Larry Fisher of the Washington State Department of Fish and Wildlife at (425) 649-7042 for additional information. L 9. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Built Drawings, for: Streets; Street Lighting System; Water; Sewer, Stormwater Drainage Facilities; I and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 10. The developer shall hire a certified arbonst to evaluate the trees located off-site along the west property line of the subject property between proposed lots 18 through 24 prior to commencement of any construction activities. The evaluation shall include the approximately 16 trees on adjacent properties identified as tax parcels #3422059197, #3422059189 and #3422059010. A written assessment shall be made about the health 1 of the trees on these lots and the potential impact of grading and clearing activities for site development will have on these trees. A copy of this written assessment shall be provided by the developer to the city. If said trees are determined hazardous and are recommended to be removed by the arborist because of the potential impacts of this development the developer shall remove the specified tree(s) as identified. Removal of said trees on the neighboring properties will also require permission from those property owners. 11. Upon dedication of Tract C to the City of Kent Parks Department, the City Parks Department shall hydroseed and maintain the property in a manner such that it will not become a negative impact to the proposed development and surrounding residents. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek #PUD-2003-3 KIVA IIRPP4-2033356 #SU-2002-6 KIVA#RPP3-2033354 Page 25 of 26 r- r 12. The Owner/Subdivider shall install mailboxes at locations and per ' standard approved by the U.S. Postmaster and the Public Works Department. r B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION/PUD, THE OWNER/SUBDIVIDER SHALL: 1. Record the Plat& PUD. 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements required above. 4. Submit and receive City approval for As-Built Drawings meeting the requirements of City of Kent Development Assistance Brochure #E-1, As- Built Drawings, for street improvements, stormwater management system, street lighting system, and other off-site improvements where determined necessary by the City. DATED this 23rd day of June 2004 r THEODORE PAUL HUNTER Hearing Examiner rch:S•\Permit\Plan\PUD12003�2033356-2003-3findings.doc r r r Findings, Conclusions and Decision Hearing Examiner for the City of Kent Eagle Creek ' #PUD-2003-3 KlVA#RPP4-2033356 #SU-2002-8 KIVA#RPP3-2033354 Page 26 of 26 �Y Kent City Council Meeting Date June 7, 2005 1 Category Consent Calendar ' 1. SUBJECT: QUOTA CLUB INTERNATIONAL DONATION FOR SERVICE CLUB PARK— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the donation of$7,000 from Quota International of Kent Valley for Service Club Park development and authorize the expenditure of funds in the Service Club Ball Fields budget. On July 15, 2004, Quota International notified the Parks Committee of their intention to match the $37,500 pledges from local service clubs to support the Service Club ball field project. Quota International is a women's based service club that has supported 1 assistance to children in the Kent area for over 13 years. This is the first time the City has been a recipient of Quota International's contributions. 3. EXHIBITS: Copy of Revenue Report 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no• I Unbudgeted Expense: Fund P20024 Amount $7,000.00 Unbudgeted Revenue: Fund P20024.56710 Amount $7,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: 1 ACTION: Council Agenda Item No. 6F 4QSSGA006 City of Kent 4/2812005 Page 1 Journal Entry l Budget Change ! Uoc M 31346 Ledger Type: AA Journal Entry Doc Type: JR Batch#: 56060 ' Explanation: PPBD#82 Service Club Donation GIL Date: 4/2812005 Automatic Reversal? No Created by: JBROOM Last Changed by: JBROOM Line# B Unit Object Subsidiary Subledger Debit Amount Credit Amount Account Explanation Reference 1 0 P20024 56110 7,000 00- Service Club/Quota Intemation 20 1 11110 0010 7.00000 Service Club/Quota Internation Journal Entry Totals: 7,00000 7,000 00- 1 ' Dept-Authorized by: Finance-Reviewed by: r } 1 r Kent City Council Meeting Date June 7, 2005 1 Category Consent Calendar 1. SUBJECT: KENT LIONS CLUB DONATION FOR SERVICE CLUB PARK— ACCEPT AND AMEND BUDGET ' 2. SUMMARY STATEMENT: Accept the donation of$24,000 from the Kent Lions Club for Service Club Park development and authorize the expenditure of funds in the ' Service Club Ball Fields budget. ' The $24,000 from the Kent Lions Club is final payment for their original pledge made in 1999. Local Kent Service Clubs have pledged $150,000 towards construction of the ball fields and $37,500 for the play equipment. To recognize their contributions, ball fields and play equipment at the park will be named for each club. The park will be under construction in 2005. 3. EXHIBITS: Check will be presented during Public Communications 4. RECOMMENDED BY: Parks and 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 P20024 Amount $24,000.00 Unbudgeted Revenue: Fund P20024.56710 Amount $24,000.00 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G rKent City Council Meeting Date June 7, 2005 ' Category Consent Calendar 1. SUBJECT: CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY 2005 SUSTAINED SUPPORT GRANT — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the Sustained Support grant in the amount of ' $11,415 from the Cultural Development Authority of King County to support 2005 Kent Arts Commission programs, approve the expenditure of funds in the Kent Arts ' Commission budget and authorize the Mayor to sign the agreement. The Cultural Development Authority of King County (dba "4Culture") has awarded the Kent Arts Commission $11,415 in Sustained Support funding through a competitive grant process. The funding will support 2005 programs, including the Spotlight Series ' performances, Kent Kids' Arts Day, Kent Summer Concert Series and two Missoula Children's Theatre residencies. 3. EXHIBITS: Copy of King County Agreement No. 105013A 4. RECOMMENDED BY: Parks and 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 10006222.64190.4310 Amount $11,415.00 Unbudgeted Revenue: Fund 10006222 53705.4310 Amount $11,415.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: Council Agenda Item No. 6H Agreement No 105013A Contractor's Federal Taxpayer ID No I( -&,jo(ZSq Contractor City of Kent—Arts Commission Protect Title• 2005 Programs Contract Amount: $ 11,415 00 Fund Source. CP—Arts Sustained Support Contract Period From: 01/01/05 To: 12/31/05 AGENCY SERVICES CONTRACT 2005 ' THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 506 Second Avenue, Ste 200, Seattle, WA 98104-2307 and telephone number is (206)296-7580 and the City of Kent—Arts Commission (the "Contractor"), whose address is 220 - 4th Avenue S, Kent WA 98032-5895 and telephone number is (253)856-5050. Contractor is an art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2 48 and 4 42 and RCW 67 28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No.2005-07 ' 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens. Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistant with those defined in RCW 67 28 180 ("Public Benefit Services"). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35 21 730, et seq. RCW ' 35 21.750 provides as follows. "[AII] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of ' such public corporation, commission, or authority." The legislative authonty of 4Culture has found and declared that providing funds to Contractor to reimburse ' Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. ' NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows- AG SVC 05 Page t of 2 M B. Contractor may apply to 40ulture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract C Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment after approval of corrected invoices and reports. 4Culture shall make payment to the Agency not more than 60 days after the appropriate invoice is received. ' D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in ' said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: ' 1. A protect evaluation report upon the form provided by 4Culture. ' 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs. Photos shall have credits, caption information, and permission to publish. ' F If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in equity. ' IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its ' obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor ' describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty(20)days of the date of such notice, fully corrected such default or violation. ' V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement B These records shall be maintained for a period of six(6) years after termination of this Agreement unless a longer retention period is required by law AG SVC 05 Page 3 of 7 1 B. To the full extent provided by applicable law, the Contractor shall protect, defend,indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims,judgments, ' and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole negligence If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection ' with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate"within the meaning of RCW 4 24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For the purpose, the Contractor, by mutual negotiation, hereby waives, as respects 4Culture only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event 4Culture incurs any judgment, award and/or cost arising there from including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice X. INSURANCE REQUIREMENTS ' The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to ' XI. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by ' reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract_ ' In addition, Contractor represents,warrants and covenants that no officer, employee,or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation ' of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection ' with this Agreement The Contractor shall take all appropriate steps to assure compliance with this provision. ' AG SVC 05 Page 5 of 7 XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, Vill, IX, XI, XII, XII1, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties 4Culture: CONTRACTOR: 4Culture-CDA Executive Director Signature ' Date Name (Please type or print) ' Title(Please type or print) t Date 1 AG SVC 05 Pace 7 of 7 Exhibit A SCOPE OF SERVICE City of Kent Arts Commission and 4Culture, the Cultural Development Authority of King County, mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the 4Culture Board of Director. Support for 2005 Programs, including"Spotlight Performance Series", "Kent Kids'Arts Day", "Kent's Summer Concert Series", "Canterbury Arts Festival" and "Missoula Children's Theatre Residencies"with 6 events held January-December 2005 Events ate open and publicized to the community. AMOUNT $11,415 00 For artist fees and program expenses. Payable upon completion,submittal of invoice and documentation regarding: • Final budget, actual • Completion of evaluation form • Final report of program activities • Programs, brochures, flyers if available PUBLIC BENEFIT Programs will be accessible to a broad range of King County citizens. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culturel King County Lodging Tax Fund is required of all recipients for use in all publicity and promotional materials,including, but not limited to brochures, press releases, programs, posters, public service announcements, flyers and advertisements Final payment will not be made until acknowledgment is submitted on printed material EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure,at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from,or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages Each insurance policy shall be written on an"Occurrence"form The Minimum Scope of Insurance needed for this contract is as follows ® Commercial General Liability Insurance Services Office form number(CG 00 01 Ed 11-88)—Minimum Combined Single Limit of$1,000,000 BI & PD with a General Aggregate per protect 1 Deductibles and Self Insured Retentions. iAny deductibles or self-insured retentions must be declared to,and approved by, the CDA The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the CDA and shall be the sole responsibility of the Contractor 2 Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a)General Liability Policies (1)The CDA, its officers,employees and agents are to be covered as primary additional insured as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement (2)To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary j insurance as respects the CDA, its officers, employees, and agents Any insurance and/or self-insurance maintained by the CDA, its officers,employees,or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3) The Contractor's insurance shall apply separately to each insured against whom claim is made andlor lawsuit is brought, except with respect to the limits of the insurer's liability. (b)All Policies (1)Coverage shall not be suspended,voided, canceled, reduced in coverage or in limits,except as reduced in aggregate by paid claims,at any point during the life of this contract 3 Acceptability of Insurers Unless otherwise approved in writing by the CDA, insurance is to be placed with insurers with a Best's rating of no less than A Vill, or, if not rated with Bests, with minimum surpluses the equivalent of Bests'surplus size Vill 4 Verification of Coverage Unless otherwise approved in writing by the CDA, Contractor shall furnish CDA with certificate(s)of insurance evidencing compliance with requirements set forth above,which certificate(s)shall provide that no material change,or cancellation or nonrenewal of policies referred to herein shall occur without thirty(30)days'prior written notice to CDR Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION GRANT FOR CANTERBURY PARK EXPANSION— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the grant for $92,500 from the Interagency Committee for Outdoor Recreation for the Canterbury Park expansion, approve the expenditure of funds in the Canterbury Acquisition and Development budget, and authorize the Mayor to sign the agreement, upon review by the City Attorney. In 2004, Park staff applied to the Interagency Committee for Outdoor Recreation (IAC) Land and Water Conservation Fund Program for Canterbury park. These funds will be used to buy additional property adjacent to Canterbury Park. On April 1, 2005, staff was notified of the grant award. 3. EXHIBITS: IAC award letter and Grant Agreement No. 04-1143A 4. RECOMMENDED BY: Parks and 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 P20096 Amount $92,500 00 Unbudgeted Revenue: Fund P20096.53405 Amount $92,500 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I Interagency Committee for Outdoor Recreation Salmon Recovery Funding Board <�t`b_ �%y 360/902-3000 x 3601902-2636 3601902-3026 (fax) ", 360/902-3026(fax) email info@ rac wa gov A""` email salmon 9jac wa gov STATE OF WASHINGTON OFFICE OF THE INTERAGENCY COMMITTEE 1111 Washington Street SE PO Box 40917 Olympia,WA 98504-0917 April 1,2005 Shane Gilbertson Kent Parks, Rec&Comm Sery 220 4th Ave S Kent,WA 98032-5895 RE: Canterbury Park Expansion, IAC#04-1159A Dear Mr Gilbertson- Congratulations on your successful application for the Canterbury Park Expansion project.Your project is administered by the Interagency Committee for Outdoor Recreation (IAC) Enclosed are two original sets of project agreement materials Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report,and an Invoice Voucher Also enclosed are policy manuals for reference as you implement your project and seek reimbursement.After reviewing your Project Agreement materials, please have the appropriate person sign each Project Agreement and return one signed original Once the Project Agreement is signed and returned,the Canterbury Park Expansion project can commence Prompt implementation and completion of your project is extremely important and will ensure the continuing success and credibility of the Land and Water Conservation Fund Program by demonstrating effective results to citizens and policy makers. We encourage you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefits Asa way of assisting you in that effort, enclosed is a suggested news release for your use Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding provides to communities Please notify your IAC project manager of any event celebrating your project's beginning or completion As always, staff is available to answer questions that may arise during project implementation. If you need assistance, please contact Darrell Jennings at(360)902-3020 or darrellj@ac wa gov. Thank you again for helping make this valuable investment in Washington State's recreation, conservation, and natural resources Sincerely, Laura E Johnson Director Enclosures AGRECVR RPT i~� LWCF Project Agreement Recreation Resource Account jProject Sponsor: Kent Parks, Rec& Comm Sery Project Number: 04-1159A Project Title: Canterbury Park Expansion Approval Date: 7/9/2004 A. PARTIES OF THE AGREEMENT This Project Grant Agreement(Agreement)is entered into between the Interagency Committee for Outdoor Recreation(IAC), P 0 Box 40917,Olympia,Washington 98504-0917 and Kent Parks, Rec&Comm Serv,220 4th Ave S, Kent,WA 98032-5896(Sponsor)and shall be binding upon the agents and all persons acting by or through the parties B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Recreation Resource Account of the State of Washington's General Fund The grant is administered by the IAC to the Sponsor for the project named above C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this Agreement. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on March 23,2005 and end on December 31, 2005 No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement F. PROJECT FUNDING The total grant award provided by the IAC for this project shall not exceed$92,500 00 The IAC shall not pay any amount beyond that approved for funding of the project The Sponsor shall be responsible for all total project costs that exceed this amount The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below Percentage Dollar Amount IAC -Land and Water Conservation 50.00% $92,500.00 Project Sponsor 50 00% $92,500 00 Total Project Cost 100 00% $185,000 00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,including the Sponsor's Application,Project Summary,Eligible Reimbursement Activities Report, Project Milestones,Legal Description,and the General Provisions,all of which are attached hereto and incorporated herein Except as provided herein,no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing All such alterations,except those conceming the period of performance,must be signed by both parties Period of performance extensions need only be signed by IAcs Director. The Sponsor has read,fully understands and agrees to be bound by all terms and conditions as set forth m these documents LWCF Project Aqreement Recreation Resource Account Chapter 79A 25 RCW, Chapter 286 WAC Page 1 of 2 PROJAGR RPT H. COMPLIANCE WITH APPLICABLE STATUTES RULES AND IAC POLICIES This Agreement is governed by,and the Sponsor shall comply with,all applicable state and federal laws and regulations,including Chapter 79A 25 RCW, Chapter 286 WAC and published agency policies,which are incorporated herein by this reference as if fully set forth 1. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS (none) J. FEDERAL FUND INFORMATION A portion or all of the funds for this project are provided through a federal funding source Funds provided from the US Dept of Interior must be reported under CFDA#15 916-Land&Water Conservation and Award Number Apport Ltr FY02 for federal fiscal year 2003. As a sub-recipient of the federal funds,you are required to provide the IAC with a summary of the federal expenditures by CFDA#for each year If your total federal expenditures are$500,000 or more in a one-year period,you are required to have a federal single audit in compliance with OMB Circular A-133 K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Proiect Contact IAC Name Shane Gilbertson Interagency Committee for Outdoor Recreation Title Project Manager Natural Resources Building Address' 220 4th Ave S PO Box 40917 Kent, WA 98032-5895 Olympia,Washington 98504-0917 www lac wa govhac/ These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement,along with all attachments,constitutes the entire agreement of the parties. No other understandings, oral or otherwise,regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement,for project#04-1159A, shall be effective upon signing by all parties STATE OF WASHINGTON INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION �[ BY: E' DATE j Laura E. Johnson, Director PROJECT SPONSOR BY: DATE: TITLE: Pre-approved as to form: BY: /S/ Assistant Attorney General LWCF Proiect Agreement Recreation Resource Account Chapter 79A 25 RCW,Chapter 286 WAC Page 2 of 2 PROJAGR RPT f Legal Description RE REMNTION Project Sponsor: Kent Parks, Rec&Comm Sery Project Number- 04-1159 A Project Title: Canterbury Park Expansion IAC Approval: 07109/2004 Legal Description Parcel A- The west half of the south half of the following described property The south half of the southeast quarter of the northeast quarter of the northeast quarter of Section 19,Township 22 North, Range 5 East,W M , in King County,Washington, EXCEPT the west 160 feet thereof, TOGETHER WITH the south 30 feet of said west 160 feet; EXCEPT the west 15 feet thereof Parcel B: The east half of the south half of the following described property: The south half of the southeast quarter of the northeast quarter of the northeast quarter of Section 19,Township 22 North, Range 5 East,W.M , in King County,Washington END I t t LEGALDSC RPT April 1,2005 Page l � lnrnugrnry � Commrtta for iUUiflUflB Eligible Reimbursement Activities Report '� flECflEfl11UN Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 04-1159 A Project Title: Canterbury Park Expansion IAC Approval: 7/9/2004 Acquisition Items: -- ------_ _� -- - ------ -- — — ---- Items Elements Unit Quantity _Description Land ------ —— - -- --- — j 1 t I ELIGREIM RPT April 1,2005 Page 1 i ""r" Interagency Committee for Outdoor Recreation ��t' ��. Salmon Recovery Funding Board 360i902-3000 3601902-2636 360/902-3026(fax) J 360!902-3026(fax) email info@ iac wa gov email salmon Qiac wa gov STATE OF WASHINGTON OFFICE OF THE INTERAGENCY COMMITTEE 1111 Washington Street SE PO Box 40917 Olympia,WA 98504-0917 April 1, 2005 Perry Brooks Kent Parks, Rec&Comm Sery 220 4th Ave S Kent,WA 98032-5895 jRE: Clark Lake Park Expansion, IAC#04-1143A Dear�?* - Congratulations on your successful application for the Clark Lake Park Expansion protect Your project is administered by the Interagency Committee for Outdoor Recreation(IAC) Enclosed are two original sets of protect agreement materials Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report,and an Invoice Voucher Also enclosed are policy manuals for reference as you implement your project and seek reimbursement After reviewing your Project Agreement materials, please have the appropriate person sign each Project Agreement and return one signed original Once the Project Agreement is signed and returned,the Clark Lake Park Expansion project can commence Prompt implementation and completion of your project is extremely important and will ensure the continuing success and credibility of the Land and Water Conservation Fund Program by demonstrating effective results to citizens and policy makers We encourage you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefits. As a way of assisting you in that effort, enclosed is a suggested news release for your use Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding provides to communities Please notify your IAC project manager of any event celebrating your project's beginning or completion. As always,staff is available to answer questions that may arise during project implementation. If you need assistance, please contact Darrell Jennings at (360)902-3020 or darrellj@iac-wa gov. Thank you again for helping make this valuable investment in Washington State's recreation,conservation, and natural resources Sincerely, Laura E Johnson Director Enclosures AGRECVR RPT i~� LWCF Project Agreement Recreation Resource Account Project Sponsor. Kent Parks, Rec& Comm Sery Project Number: 04-1143A Project Title Clark Lake Park Expansion Approval Date 7/9/2004 A. PARTIES OF THE AGREEMENT This Project Grant Agreement(Agreement)is entered into between the Interagency Committee for Outdoor Recreation(IAC),P O Box 40917,Olympia,Washington 98504-0917 and Kent Parks,Rec&Comm Serv,220 4th Ave S, Kent,WA 98032-5895(Sponsor)and shall be binding upon the agents and all persons acting by or through the parties B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Recreation Resource Account of the State of Washington's General Fund The grant is administered by the IAC to the Sponsor for the project named above C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this Agreement E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on March 23,2005 and end on December 31,2005 No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by the IAC for this project shall not exceed$250,000 00 The IAC shall not pay any amount beyond that approved for funding of the project The Sponsor shall be responsible for all total project costs that exceed this amount The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below Percentage Dollar Amount i IAC -Land and Water Conservation 50 00% $250,000 00 Project Sponsor 50 00% $250,000 00 Total Project Cost 100 00% $500,000 00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,including 1 the Sponsor's Applicahon,Project Summary,Eligible Reimbursement Activities Report,Project Milestones,Legal Description,and the General Provisions,all of which are attached hereto and incorporated herein. Except as provided herein,no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing All such alterations,except those concerning the period of performance, must be signed by both parties Period of performance extensions need only be signed by IAC's Director. The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents LWCF Project Aqreement Recreation Resource Account Chapter 79A 25 RCW, Chapter 286 WAC Page 1 of 2 PROJAGR RPT 1 H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND(AC POLICIES This Agreement is governed by,and the Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 79A.25 RCW,Chapter 286 WAC and published agency policies,which are incorporated herein by this reference as if fully set forth I. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS (none) J. FEDERAL FUND INFORMA VON 1 A portion or all of the funds for this project are provided through a federal funding source. Funds provided from the US Dept of Interior must be reported under CFDA#15 916-Land&Water Conservation and Award Number Apport Ltr FY02 for federal fiscal year 2003 As a sub-recipient of the federal funds,you are required to provide the IAC with a summary of the federal expenditures by CFDA#for each year. If your total federal expenditures are$500,000 or more in a one-year period,you are required to have a federal single audit in compliance with OMB Circular A-133 K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Protect Contact IAC Name Perry Brooks Interagency Committee for Outdoor Recreation Title, Park Planner Natural Resources Budding Address: 220 4th Ave S PO Box 40917 Kent,W A 98032-5395 Olympia,Washington 98504-0917 www iac wa govriac/ These addresses shall be effective until receipt by one party from the other of a written notice of any change. 1� L. ENTIRE AGREEMENT This agreement,along with all attachments,constitutes the entire agreement of the parties. No other understandings, oral or otherwise,regarding this Agreement shall exist or bind any of the parties M. EFFECTIVE DATE This agreement, for project#04-1143A,shall be effective upon signing by all parties. STATE OF WASHINGTON INTERAGENCY COMMITTEE FOR OUTDDOQOR. RECREATION /� BY: .�—�- E• V �'* r r DATE: //4/ 0's~ Laura E Johnson, Director PROJECT SPONSOR BY: DATE: TITLE- Pre-approved as to form- BY. /S/ Assistant Attorney General LWCF Protect Agreement Recreation Resource Account Chapter 79A.25 RCW,Chapter 286 WAC Page 2 of 2 PRO.IAGR RPT e /nnwgrury Commrttrt for DUIDOOfl Legal Description RECREflTION Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 04-1143 A Project Title: Clark Lake Park Expansion IAC Approval- 07109/2004 Legal Description The legal description of the property purchased with funding assistance provided through this Project Agreement(and protected by a recorded Deed-of-Right)shall be amended into the Protect Agreement prior to reimbursement of the final payment. i i l LEGALOSC RPT April 1,2005 Page 1 1 Land and Water Conservation Program Comrnrrn r ,,� flECflEflTiUN Post-Evaluation Project Summary TITLE: Clark Lake Park Expansion NUMBER: 04-1143A (Acquisition) STATUS: Board Funded SPONSOR: Kent Parks, Rec& Comm Sery EVALUATION SCORE: 334444 BOARD RANKING: 3 of 7 COSTS: SPONSOR MATCH: Land and Water Conservation $250,000 50% Conservation Futures Local $250,000 50% Total $500,000 100% DESCRIPTION: Clark Lake Park, centrally located within the City of Kent, is currently a 123-acre passive use area with a seven-acre fresh water lake. This park is considered to be the"Central Park"of the city's park system and is considered a regional amenity for South King County providing excellent passive recreation opportunities in the midst of residential development. The acquisition of this integral four-acre parcel will allow the city to continue efforts to acquire all properties around the lake, ultimately creating a 167-acre passive use park as well as control of the watershed for Clark Lake The acquisition of land surrounding Clark Lake has been a high priority for the City Council and for the citizens of Kent The current owner of the property is a long time resident of the city who just retired from his medical practice and has recently sold another property to the city that is part of the overall Clark Lake watershed Dr Lake would like to see this property integrated into the park and be enjoyed by others. LOCATION INFORMATION: The project site is located in the City of Kent, King County,in the east hill neighborhood. COUNTY: King SCOPE (ELEMENTS)- Allowable land costs ANTICIPATED ACREAGE: Acres To Acres To Acres To ACREAGE TYPE Be Acquired Be Developed Be Renovated Lake Uplands 400 Wetlands FISCAL YEAR. 2005 DATE PRINTED: April 1, 2005 IPAPSUMI RPT Clark Lake Park Expansion 1 Cmnmtttn�n VMSEligible Reimbursement Activities Report 19HICRERTION I Project Sponsor: Kent Parks, Rec& Comm Sery Project Number: 04-1143 A Project Title: Clark Lake Park Expansion IAC Approval: 7/9/2004 Acquisition Items: Items Elements Unit Quantity__ Description _ Land i t i 1 i 1 1 i I ELIGREIM.RPT April 1,2005 Page: 1 i ' Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: SURPLUS RESIDENTIAL STRUCTURE AND ALLOW DEMOLITION AT 13122 SE 251ST STREET — APPROVE I2. SUMMARY STATEMENT: Declare the structure and all appurtenances at 13122 SE 251 st Street in Kent as surplus and allow salvage and demolition. On March 21, 2005 the City purchased the property adjacent to Wilson Playfields at 13122 SE 251st Street to enhance the existing sports complex. Staff affirms the residential structure and appurtenances are surplus to the needs of the City. 3. EXHIBITS: N/A 4. RECOMMENDED BY: Parks and 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 $ j6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K Kent City Council Meeting Date June 7, 2005 ICategory Consent Calendar 1. SUBJECT: SURPLUS RESIDENTIAL STRUCTURE AND ALLOW DEMOLITION AT 10808 SE 248TH STREET— APPROVE 1 2. SUMMARY STATEMENT: Declare the structures and all appurtenances at 10808 SE 248th Street in Kent as surplus and allow salvage and demolition. On May 13, 2005, the City purchased the property adjacent to Morrill Meadows Park at 10808 SE 248th Street to expand the existing park. Staff affirms the residential house, shed and other appurtenances are surplus to the needs of the City. 3. EXHIBITS: N/A 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) I5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no• Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds rDISCUSSION: ACTION: Council Agenda IItem No. 6L tKent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: JOHNSON CREEK RESTORATION/CONDEMNATION ORDINANCE—ADOPT 1 2. SUMMARY STATEMENT: Adopt Ordinance No. for authorizing condemnation, if necessary, of certain property for natural resources and storm drainage improvements. This property has been identified as valuable natural resource land for wetlands, salmonid stream and storm drainage purposes. The current owner, the Polygon Corporation, wishes to convey this land to the City for natural resource use, reserving a portion of the land for a storm detention pond. However, the land is also subject to King County's Agricultural Preservation Program, which only allows agricultural use, and not this type of natural resource use. These agricultural uses can be removed under threat of condemnation, however, and the staff believes that, once this ordinance is passed, all parties can successfully negotiate a satisfactory settlement. 3. EXHIBITS: Public Works Director's memorandum and ordinance 4. RECOMMENDED BY: Public Works Committee I (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6M r r PUBLIC WORKS DEPARTMENT Larry Blanchard, Public Works Director • Phone 253-856-5500 I K E N T Fax 253-856-6500 W.�S H N 6 T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: May 12, 2005 TO: Public Works Committee FROM: Larry Blanchard, Public Works Director THROUGH Michael Mactutis, Environmental Engineering Manager SUBJECT: Condemnation Ordinance for Natural Resources and Storm Drainage Improvements MOTION Recommend authorization to adopt Condemnation Ordinance # for obtaining property for natural resources and storm drainage improvements SUMMARY:This property,located southeast of the S 212`h St./42nd Ave. S. intersection, is a property that was historically farmed It is not currently being farmed, has not for several years and approximately half of the property is now classified as wetlands and/or buffers. It is a property that could serve as a site for the restoration of Johnson Creek as well as a wetland enhancement site. The upland portion of the site could provide regional detention and water quality for future developments along the hillside above the property The property would be able to provide a significant amount of habitat in the wetland and creek areas and buffers. The property is a participant in the King County Farmland Preservation Program. rBUDGET IMPACT:There will be no unbudgeted fiscal impacts as a result of this contract. BACKGROUND A previous owner of this property sold the development rights to King County under the Farmland Preservation Program(FPP). It was historically farmed, but has since been left fallow for several years and approximately half of the 15 4 acre property is now regulated as wetlands and/or buffers Due to the wetlands, any attempts to change the property use back to farming would require permitting from federal, state and local agencies and large amounts of wetland mitigation project areas In addition, Johnson Creek, a salmonid bearing stream, flows along the west side of the property adjacent to 42❑d Ave. S Farming activities would be required to stay out of the creek and its buffers These environmental constraints make the property unsuitable for agriculture. ` The current property owner is proposing to provide this site to the City for the relocation and restoration of Johnson Creek away from the roadway, for wetland restoration and enhancement and for a regional detention and water quality facility This property would also be able to provide a significant amount of fish and wildlife habitat area King County is requesting that the City condemn the property so it can be removed from the Farmland Preservation Program and transferred to the City The property owner will pay to King County through the City a monetary amount to be determined to restore the property rights, which King County can apply to the FPP to acquire land more suitable for farming preservation. Mayor White and Kent City Council 1 i r r ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition of real property and/or property rights in an area lying generally south of S 212 St. and east of 42"d Ave S., in order to develop and construct necessary infrastructure for wetland preservation, natural resource enhancement, and storm drainage systems, and to relocate and enhance a branch of Johnson Creek, a salmonid stream, providing for the condemnation, appropriation, taking and damaging of such surface and aerial property rights as are necessary for that purpose; providing for the payment thereof, directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations or other agreements, and acknowledging that all of said property is located within King County, Washington NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, IWASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: i ORDINANCE SECTION I. After hearing the report of City staff, and after reviewing the planned natural resource enhancements for Johnson Creek Relocation and Restoration (the "Project") in order to develop and construct wetland preservation, natural resource enhancement, and storm drainage systems, and to relocate a branch of Johnson Creek, the City Council finds and declares that the public convenience, use, health, safety and I Johnson Creek Relocation and Restoration Condemnation Ordinance I 1 necessity demand that the City of Kent condemn, appropriate, take and damage portions of certain real properties located in King County, Washington, in order to acquire the necessary real property and/or property rights for the construction of the Project, including all necessary appurtenances. The property affected by this ordinance is legally described in Exhibit A, attached and incorporated by this reference (the "Property"). The purposes for which this condemnation is authorized shall include, t without limitation, all acts necessary to complete the construction, improvement, relocation, restoration, enhancement, alteration, maintenance, and reconstruction of the Project, and any other municipal purpose that may be necessary from time to time on the Property. SECTION 2. The City authorizes the acquisition by condemnation of all or a portion of the Property for the construction, improvement, relocation, restoration, (enhancement, alteration, maintenance, and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvement according to City standards. �I SECTION 3. The City shall condemn the Property only upon completion of all steps and procedures required by applicable federal or state law or regulations, and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's Johnson Creek Relocation and Restoration Fund or from any of the City's general funds, if necessary, as may be provided by law. 2 Johnson Creek Relocation and Restoration Condemnation Ordinance r r SECTION S. The City authorizes and directs the city attorney to commence ' those proceedings provided by law that are necessary to condemn the Property. In commencing these condemnation procedures, the City Council authorizes the city attorney to enter into settlements, stipulations, or agreements in order to minimize damages. These settlements, stipulations, or agreements may include, but are not limited to, the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and jother property interests. SECTION 6. Any acts consistent with the authority and prior to the effective date of this ordinance are ratified and confirmed. r SECTION 7. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the Ivalidity of its application to other persons or circumstances. SECTION 8. This ordinance, being the exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect and be in force five (5) days after its publication as provided by law. r JIM WHITE, MAYOR ATTEST: r BRENDA JACOBER, CITY CLERK r3 Johnson Creek Relocation and Restoration Condemnation Ordinance 1 r r APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY r 1 PASSED: day of June, 2005. APPROVED: day of June, 2005. PUBLISHED: day of June, 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. I (SEAL) BRENDA JACOBER, CITY CLERK P\Cml\ORDMANCE\Condemn-JohnwnCre&JUI m dx r 4 Johnson Creek Relocation and Restoration Condemnation Ordinance 1 r EXHIBIT A i THE NORTH %2 OF THE SOUTHWEST '/4 OF THE NORTHEAST '/4 OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 4 EAST W.M.; EXCEPT THE EAST 195.52 FEET THEREOF; rAND EXCEPT THAT PORTION THEREOF LYING WITHIN 42" AVENUE SOUTH (WM. A. JOHNSON ROAD NO 1432); ESTABLISHED PURSUANT TO VOLUME 30 OF KING COUNTY COMMISSIONERS RECORDS, PAGE 191; '"AND EXCEPT THAT PORTION T+IEREOF LYING WITHIN THE RIGHT-OF-WAY OF DRAINAGE DITCH NO. 2; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ORILLIA ROAD, BY DEEDS RECORDED UNDER RECORDING NO 5975361 AND 5975362; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. i t i I i 1 i t rKent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: PIONEER AND SMITH STREET PROJECT—ACCEPT AS COMPLETE ' 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Pioneer and Smith Street project as complete and release retainage to Rodarte Construction, Inc. upon standard releases from the state and release of any liens. The original contract amount was $713,672.60. The final contract amount was $6313199.55. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No If no• Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds IDISCUSSION: ACTION: Council Agenda IItem No. 6N rKent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: PUBLIC WORKS POSITIONS, STREET SYSTEM VEGETATION MAINTENANCE PROPOSAL— AUTHORIZE 2. SUMMARY STATEMENT: Authorization to hire one full time employee with benefits and two part-time employees with no benefits to be assigned to the Street Vegetation Maintenance Sub-section of Public Works Operations. 1 1 3. EXHIBITS: Public Works Director memorandum 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 S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ' ACTION: Council Agenda Item No. 60 PUBLIC WORKS DEPARTMENT I Larry R. Blanchard, Public Works Director • Phone 253-856-5500 Fax 253-856-6500 K E N T WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: May 11, 2005 TO: Operations Committee FROM: Larry R Blanchard, Public Works Director SUBJECT: Street System Vegetation Maintenance Proposal MOTION: Recommend the full City Council authorize the creation and filling of one Street Maintenance Worker 3 (Full Time Equivalent(FTE) Position with Benefits) and two Street Vegetation Assistants (Part Time Equivalent(PTE) Positions no benefits) to be assigned to the Street Vegetation Maintenance Sub-section of Public Works Operations SUMMARY: The Publtc Works Department is requesting authorization from the full City Council to create ' and fill one Street Maintenance Worker 3 (FTE) and two Street Maintenance Assistants (PTE's) positions to be assigned to the Street Vegetation Maintenance Sub-section of the Public Works Operations Division. This will staff the Street Vegetation Maintenance Sub-section at the same level it was prior to the 2003 lay-offs BUDGETIMPACT- These positions will be funded by charging 50% of the cost to the Street Maintenance Fund and 50% of the cost to Projects. In most cases 50% of the work is performed in and around property that is fully developed has curb, gutter, and sidewalks adjacent to them, and requires more 1 manicured vegetation maintenance The other 50% of the work is performed adjacent to property that is undeveloped and needs to be mowed because it is in the City's Right-of-way, and the cost of said mowing can be identified to benefit these undeveloped properties or projects Thereby a portion of each of the projects will provide for the cost of this service. The estimated cost of these positions for the remainder of the 2005 Budget including benefits for the full-time employee is $47,455 The general fund portion of cost is $23,723 allocated by general fund contingencies. BACKGROUND: Prior to the lay-offs that occurred in 2003 the Street Vegetation Maintenance staff included 2 Full-time and 2 Part-time employees Total work hours available to complete the 8,500,000 SF ' of maintenance was 6400 work hours The number of tall grass and noxious weed complaints at that time averaged 30-40 per year Mayor White and Kent City Council ] 1 r r After the lay-offs street vegetation staff was reduced by 1 FTE and 2 PTE's leaving only 1,800 work hours to complete the same work listed above. The one Street Vegetation Maintenance Worker left could only respond to emergency mowing/trimming, and site distance/vision area maintenance call-outs Service calls for tall grass and noxious weeds now averages between 300- r 400 per year, and many of the calls are going directly to City Council members Operations is currently only doing reactive maintenance responding to service calls and cannot due to staffing provide a preventative maintenance program for Street Vegetation Maintenance rTo complicate this situation since 2003 the area maintained by the Street Vegetation Sub-section has increased by 24% from 8,500,000 SF to 10,540,000 SF, and as we head into summer will only multiply our backlog of vegetation call-outs At the same time with the Kent Station project in full swing we are receiving additional responses to provide preventative maintenance on a more frequent basis to be more aesthetically acceptable to the Kent Downtown area To maintain the Downtown area Public Works Operations will utilize one of the authorized Part-time Street Vegetation Assistants to keep the Downtown area maintained to an acceptable preventative maintenance level r 1 r r 1 r r 1 1 Mayor White and Kent City Council 2 1 r Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT FOR TRAILER, SPEED SIGN AND CAR SEATS— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Acceptance of the Washington Traffic Safety Commission (WTSC) additional grant funds in the amount of$9,000 which will be used to purchase one radar trailer, one 18' speed sign and 46 car seats, and authorization to amend the budget. 1 3. EXHIBITS: Notification letter and budget amendment dated 5/4/2005 4. RECOMMENDED BY: Public Safety Committee 5/19/05 ' (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 N00703 Amount $9,000 Unbudgeted Revenue: Fund N0070353409 Amount $9,000 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ' ACTION: Council Agenda Item No. 6P ' AMENDMENT# 1 TO CONTRACT BETWEEN WASHINGTON TRAFFIC SAFETY COMMISSION And KENT POLICE DEPARTMENT Project No. 05ST-16 ' Washington Traffic Safety Commission Project No. 05ST-16 between the .. - Washington Traffic Safety -Commission and the Kent Police Department is hereby amended as follows: ' Period of Performance: the termination date of this contract remains June 30, 2005. Section 3, Budget Summary: The project budget is hereby revised to reflect an increase of $9,000 in the funds allocated for the 2004 - 2005 biennium. The revised total for the biennium is $74,750. Any substantive changes to the contractor's scope of work resulting from this amendment shall be documented by the contractor and approved by the Traffic Safety Commission. ' The effective date of this amendment is May 1, 2005. All other terms and conditions of this Contract remain in full force and effect. ' THIS AMENDMENT is executed by the persons signing below, who warrant that they have the authority to execute this Amendment. Kent Police Washington Traffic Department Safety Commission Date Date 04 Jam! s m x o , �x't I989�Y STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S. Cherry St.,PO Box 40944 • Olympia, Washington 98504-0944 • (360) 753- 6197 May 4, 2005 TO: Community Traffic Safety Task Force Coordinators FROM: Gina Beretta, Task Force Program Manager t SUBJECT: Additional Project Funds Attached are two copies of the project amendment that will authorize you to use the additional $9,000 during the current biennium Please have both copies signed by whoever has signature authority in your agency, and return one copy to me here at the Commission — I will put it in your file. Please also include a revised budget page that reflects how the additional funds will be spent. If you have further questions, please contact me via email or phone. Thank you! Washington Traffic Safety Commission ' Project Agreement 1 Section 3 Budget Summary Budget: WTSC Costs Applicant Matching/ Contributing Cost ' 1. Salaries and Wages: $ 51,575.00 $ 302,997 �- 2. Employee Benefits— - - $ 11,493.00 $ 87,453 3.Travel and Subsistence- $ 800.00 $ 1,082 4. Contractual Services: $ $ ' 5. Eguipment NEW**** $ 9,000.00 $ 6. Goods and Services: $ 11882.00 $ 19,122 Other Community Donations 129,173 ' 7. Total linesl-6(Amount Requested from WTSC) $ 74,750.00 8.Total lines 1-6 (Amount provided by applicant) $ 539,827 ' Total Project Cost (Add lines 7 & 8): $ 614,577 ' WTSC Use Only Cost Sharing Matching Share: ' (Washington Traffic Safety Commission use only) WSP Field Salaries FY Share Amount Percent Applies To: ' Federal: $ State: State: $ Local: Political Subdivision: $ Total Estimated Cost: $ Revision: May 9, 2005 RU2 Svstems - Radar Trailer 4,600 RU2 Systems - 18" Sneed Sian 2,240 Mercury Dist. Child car seats 2,160 May 9, 2005 , Gina, ' We would like to use the $9,000 for equipment purchases: ' 1 Radar Trailer from RU2 Systems @ $ 4,600.00 1 18" Speed Sign from RU2 Systems @ 2,240.00 22 high back booster seats from Mercury Dist. @ 77000 24 combination booster seats from " 1,320.00 $ 9,000.00 , Police Department volunteers are the primary operators of the radar trailer. It is used in response to neighborhood traffic/speed concerns and in school zones. The speed sign will be used for Kent's emphasis on high collision routes in Kent. It is anticipated that this will be the first of several signs to be purchased in support of this officer , deployment project. ; Demand for car seats for low income Kent families, as defined by collaborators such as HUD, ' Catholic Community Services, DSHS, etc. far exceeds supply. We would like to purchase 24 high back booster seats @ approximately$35 ea and 22 combination seats at approximately $60 each. Please let us know if there is a concern with any of these purchases. Thank you again for this excellent opportunity to make major purchases in support of our highway safety projects. ' Nancy ' i 1 i Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT FOR DRINKING DRIVER COUNTERMEASURE PROGRAM — ACCEPT AND ESTABLISH BUDGET ' 2. SUMMARY STATEMENT: Acceptance of the Washington Traffic Safety Commission (WTSC) grant in the amount of$65,750 for the Kent Drinking Driver countermeasure Program and authorization to amend the budget. This award begins July 1, 2005 and ends June 30, 2007. A city match of 75% is more than covered through existing budgeted funds. This award has been received by the Kent Drinking Driver Task Force for many years. The award must be signed and accepted prior to ' June 30, 2005. 3. EXHIBITS: WTSC Community DUI/Traffic Safety Task Force Project Agreement 4. RECOMMENDED BY: Public Safety Committee 5/19/05 (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 N00704 Amount $65,750.00 Unbudgeted Revenue: Fund N00704 53409 Amount $65,750.00 ' 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6Q iCommunity DUI/Traffic Safety Task Force Project Agreement Revised 2/18105 i Washington Traffic Safety Commission 1000 South Cherry Street PO Box 40944 Olympia,Washington 98504-0944 Phone (360)753-6197 Fax(360)586-6489 www.wa gov/wtsc Section 1 -Authorization Project Title: Kent Drinking Driver Countermeasure Program iOwnership of facilities or equipment, acquired through this funding, shall be vested with the applicant agency, not the state of Washington. However, facilities or equipment acquired through this agreement shall be utilized and retained in highway safety operations during the useful existence of such equipment or facilities. Costs incurred for maintenance, repairs or support of such equipment or facilities shall be borne by the applicant agency. Further, it is understood and agreed that the activity covered by this project, as more particularly described in sections-2 and 3 attached thereto and made a part hereof,is undertaken under authority of'Title 23, USC and is subject to the administrative regulations established by federal guidelines and the WTSC. Applicant Agency/Organization Kent Police Department Applicant Agency Project Director Name Ed Crawford Title Chief of Police Signature 69a C Address City of Kent 220 4ei South Kent,WA 9B032 E-mail Address nmathews0ci.kent.wa.us Area Code 253 Phone 856-5882 ' Applicant Agency Authorizing Official(person with contracting authority)If different from above: Name Title Organization Address iSignature City, State,Zip Phone iWTSC Use Only: WTSC Program Manager: Gina Beretta WTSC Tracking Number Planned Project Duration From:July 1. 2005 To: June 30,2007 Approved by iName: Lowell Porter Project Number: Title: Director,WTSC Funds(obligated)$ iSignature: Date: 1 i 1 1 Certifications and Assurances It is hereby understood that this application and attachments hereto, when approved and signed by all concerned parties, as indicated shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole Thi<1 agreement is based on guidelines found in the Common Rule,OMB Circular A-102,in order to standardize and simplify federal grants The signature below of ar authorized representative of the applicant agency certifies and assures that all the following conditions will be met. 1) Reports—The Contractor shall submit quarterly reports,a final report at end of project,and submit special reports as outlined Project Agreement,Addendu A,Billing and Report Requirements 2) Copyrights.Publications.and Patents—Where activities supported by this project produce original copyright material,the Contractor may copyright such,bu the WTSC reserves nonexclusive and irrevocable license to reproduce, publish,and use such materials and to authorize others to do so The Contractor may publish,at its own expense,the results of project activities without prior review by the WTSC provided that any publications (wntten,visual,or sound contain acknowledgment of the National Highway Traffic Safety Administration (NHTSA)and the WTSC support. Any discovery or invention denved fro work performed under this project shall be referred to the WTSC,who will determine through NHTSA whether or not patent protections will be sought, ho any rights will be administered,and other action required to protect the public interest 3) Termination — This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any bme upon written notice to the Contractor due to non-availability of funds,failure of the Contractor to accomplish any of the terms herein,or from any change in the scope or timing of th"I project 4) Fiscal Records—Complete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project,including documentation of all purchases of supplies,equipment,and services,travel expenses,payrolls,and time records of any person employed part-lime on this project Federal, - stat8,or"WTSC auditors shall-have access to arty records of the Contractor These records shall be retained for three years after the final audit is completer and all questions resolved. 5) Funding—The Contractor will utilize funds provided therein to supplement and not to supplant state and local funds otherwise available for these purposes Funds are to be expended only for purposes and activities approved herein Reimbursement will be made periodically by WTSC for its share based on approved cost reports. The Contractor will expend from nonfederal sources the required matching amounts,which shall be expended not later than 30 dayq following the completion of the projects. 6) Cost Principles and Grant Management—The allowability of costs incurred and the management of this project shall be determined in accordance with the Office of Management and Budget(OMB) Circular A-87 and 49CFR, Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions,and OMB Circular A-122 for nonprofit entities 7) Obligation Funds—Funds may not be obligated pnor to the effective date or subsequent to the termination date of this project penod. Obligations outstandin( as the termination date shall be liquidated within 30 days. 8) Changes—The Contractor must obtain prior written approval from the WTSC for major project changes,including changes of sutistance in project objectives, evaluation,activities,the project manager,key personnel,or project budget 9) Income—Income earned by the Contractor with respect to the conduct of the project(sale of publications, registration fees, service charges,etc)must accounted for and income applied to project purposes or in reduction of project costs 10) Purchases—Purchase of equipment or services must comply with state or local regulations After the end of the project period,equipment will continue to utilized for highway safety purposes or will not be disposed of without written approval of the WTSC The Contractor shall make and maintain an inventory of equipment to include descriptions,serial numbers,locations,costs or other identifying information,and submit a copy to the WTSD 11) Third Party Participants—No contracts or agreements may be entered into by the Contractor related to this project,which are not incorporated herein an approved in advance by the WTSC The Contractor will retain ultimate control and responsibility for the project WTSC shall be provided with a copy of a such contracts and agreements entered into by Contractors Any contract or agreement must allow for the greatest competition practicable and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the WTSC 12) Participation by Disadvantaged Business Enterprises—The contractor agrees to take all necessary and reasonable steps in accordance with Title 49,CFRE Subtitle A, Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts Recipients and thei contractors shall not discriminate on the basis of race,color, national origin,or sex in the award and performance of any subcontracts financed in whole or in part with Federal funds 13) Americans with Disabilities Act—In the performance of this agreement,the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 19 42 USC 200d,Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49.60 RCW,and Title I of the Americans with Disabilities Act 42 USC 1211 12117 as now or hereafter amended The Contractor shall not discriminate on the grounds of race,color,national origin,sex,religion, marital status,ag creed,Vietnam-Era and Disabled Veterans status,or the presence of any sensory,mental,or physical handicap in any terms and conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part and denying an individual the opportunity b participate in any progra provided by this agreement through the provisions of services,or otherwise afforded others 14) Political Activities—No funds, materials, equipment, or services provided herein shall be used for any partisan political achvityor to further the election defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of congress,or an employee of a member of congress, an officer or employee of congress in connection with the awarding of any federal ban or the entering in of any cooperative agreements. 15) Single Audit—State and local governments that receive federal assistance are subject to the audit requirements of the Office of Management and Budge (OMB)Circular A-128 An institution of higher education or a nonprofit entity must comply with audit requirements in OMB Circular A-133 An mdependen audit of the financial operations, including compliance with provisions of federal jaw and regulations of all funds expended, must be arranged for by the contractor. A copy of the completed audit must be submitted to the WTSC 16) Seat Belt Policy—No funds,materials,property,or services will be provided to any political subdivision that does not have a concurrent and actively enforce policy requiring the use of seat belts 17) Drug Free Workplace — In accordance with the Anti-Drug Act of 1988 41 USC 702-707 and Drug-Free Workplace, 42 USC 12644, the WTSC has the responsibility to ensure that unlawful manufacture,distribution,dispensing,possession or use of a controlled substance by any employees, grantees,andlofm sub-grantee of the Agency and/or any such activity is prohibited in the workplace 18) Debarment and Suspension - The applicant agency certifies,by submission of this proposal,that neither it or its principals is presently debarred,suspende proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. Applicant Agency Authorized Signature Date 7'11105 �j Washington Traffic Safety Commission Project Section 3 Budget Summary Budget: (If applicable) VVTSC Costs Applicant Matching/ Contributing Cost 1. Salaries and Wages: $ 47,900 $ 149,094 2. Employee Benefits $_ 11,460 ___ $ 45,821 . 3.Travel and Subsistence: $ 800 $ 548 4. Contractual Services: $ $ 5. Equipment: $ $ ' 6. Goods and Services: $ 5,590 $ 17,171 Other Community DonationsNolunteer Time 35,664 7. Total linesl-6 (Amount Requested from WTSC) $ 65,750 8. Total lines 1-6 (Amount provided by applicant) $ 248,298 Total Project Cost (Add lines 7 & 8): $ 314,048 WTSC Use Onl Cost Sharing Matching Share: (Washington Traffic Safety Commission use only) WSP Field Salaries FY Share Amount Percent Applies To: Federal: $ State: State: $ Local: Political Subdivision: $ Total Estimated Cost $ BUDGET NARRATIVE The WTSC grant dollars will cover one-half of the coordinator's salary and benefits. It will also be used to support program expenditures to include travel, staff and volunteer subsistence, and localized material production. The City of Kent will provide administrative and professional support services, operating supplies, postage, facilities and equipment, printing, training and other goods and services. Community donations of in-kind, cash, fees, goods and services and volunteer time will exceed $35,600. Additional grants and mini-grants (including those from the WTSC) and sponsorships will support program funding in excess of$80,000. Total DUI/Traffic Safety Task Force Project request from WTSC is $65,750 forthe biennium- July 2005-June 2007. Local match will meet or exceed $ 248,298. SECTION 3: BUDGET AND COST SHARING - (Two Years) State Cart Total 1. Employee Wages $ $ $ a. Program Coordinator (.75 FTE) 47,900 _ 47,900 _. _ 95,800 b. Public Ed Specialist (.875 FTE) 89,914" - 89,914 c. Project Director (5%) 11,280 11,280 Total Wages $ 479900 $ 149,094 $ 196,994 Explanation of Wages: a. Program Coordinator: 30 hours week b. Public Education Specialist: 35 hours week (Highway Safety Specialist) State CitV Total ' 2. Employee Benefits $ $ $ $ a. Program Coordinator 11,460 11,460 22,920 b. Public Ed Specialist 31,992 31,992 c. Project Director (5%) 2,369 2,369 Total Benefits $ 110460 $ 45,821 $ 57,281 State CitV Total 3. Travel and Subsistence $ $ $ a. Travel/Subsistence 800 548 1,348 Total Travel/Subsistence $ 800 $ 548 $ 1,348 Explanation of Travel and Subsistence ' a.- May include meals, food and training tuition for volunteers, staff and presenters; WTSC grant $ may be used for either travel or subsistence. State Ci r Total 4. Goods & Services $ $ $ a. Office Supplies 1,000 564 1,564 b. Postage 975 975 c. Telephone 859 859 d. Reprographics 2,269 2,269 e. Education Materials 4,100 4,100 f. Other Supplies 490 124 614 g. Office & Storage Space 12,380 12,380 Total Goods & Services $ 5,590 $ 17,171 $ 22,761 Explanation of Goods& Services a.-f. Based on 2005 budget and actual expenditures to date. g. 500 sq ft x $12.38 sq ft = $ 6,190 annual x 2 = 12,380 State Citv Community Total 5. Other Community Donations $ $ $ $ a. In-Kind Facilities 5,200 4,800 10,000 b. Cash / mini grants 5,092 5,092 c. Goods & Services 15,446 15,446 d. Volunteer Time 5,126 5,126 Total Community Donations $ $ 5,200 $ 30,464 $ 35,664 Explanation of Community Donations a.-d. Based on previous two year actuals. BIANNUAL PROJECT BUDGET - - - =- 2005 THROUGH 2O07 State Citv Community Total $ 65,750 $217,834 $ 30,464 $314,048 WTSC Grant 05-07 Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT FOR INTENSE TRAFFIC SAFETY ENFORCEMENT PROGRAM — ACCEPT 2. SUMMARY STATEMENT: Acceptance of the Washington Traffic Safety Commission (WTSC) grant funds in the amount of S5,000 which will be used to participate in the Intense Traffic Safety Enforcement program and authorization to amend the budget. The funds will be used for 50 hours of officer overtime for seat belt emphasis. The program runs from May 9 through June 5, 2005. No matching funds are required. 3. EXHIBITS: Notification letter from WTSC dated 5/10/2005 and Memorandum of Understanding dated 5/2/2005 4. RECOMMENDED BY: Public Safety Committee 5/19/05 (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. 6R { v STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S Cherry St.,PO Box 40944 •Olympia, Washington 98504-0944• (360) 753-6197 May 10, 2005 Derba LeRoy,R & D Analyst Kent Police Department 220 4`h South Kent, WA 98032 Dear Debra LeRoy. Your request for a$ 5,000 grant to participate in the Intense Traffic Safety Enforcement mobilization,May 9 through June 5, 2005, is approved. Attached you will find a signedeopy of the Memorandum of Understanding between your agency and the Washington Traffic Safety Commission. As outlined in the grant announcement, funding is on a"reimbursement" basis and requires submission of a State invoice voucher upon completion of activity. Support documents for reimbursement must include signed overtime slips or payroll/expense records showing payments made, individual officer activity logs demonstrating performance, and a combined log tallying all officer activity for the overtime. We encourage you to copy the entire original grant package and forward it to your fiscal department to avoid confusion during the reimbursement process. As it is with most of our funding,these are federal dollars. This is important for your fiscal office to know. The CFDA number for these funds is 20.604. Performance standards for funded personnel are a minimum of three (3) self-initiated contacts per hour funded with a"desired outcome" of three(3) traffic citations per hour. Allowable use of funds is for overtime salary (@ 1.5 times normal rate), and wages and benefits of commissioned personnel in direct support of operational activity. No equipment purchases are authorized. Submissions for reimbursement and support documents are due no later than July 1, 20N. Faxed invoices cannot be accepted. Thank you for your participation in this program If you have questions, please don't hesitate to contact me. Sincerely, Angie and Occupant Protection Program Manager (360) 753-0877 awardOwtsc wa Lyov TT = x f O MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION 1000 So. Cherry St., PO Box 40944, Olympia, WA 98504-0944 TUS AGREE�MENT is ade and entered into by and between: (insert your agency name above) Hereinafter referred to as "Contractor" and the WASHINGTON TRAFFIC SAFETY COMMISSION, hereinafter referred to as "WTSC" IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct "Zero Tolerance — Safety Belt Emphasis Patrols" during the period between May 9 and June 5, 2005 The goal of this project is to contact as many violators as possible with a "Zero Tolerance"for seat belt violations IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. Contractor will provide a commissioned police officer(active or paid reserve)with appropriate equipment (vehicle, radar, etc)on an "overtime" basis (not to exceed 1 5 times normal salary)to enforce seat belt laws. No on-duty personnel will be funded. 2. The period of activity will begin on May 9 and extend through June 5, 2005 Funding is not available for activity before or after this period and funding may not exceed the amount prescribed in the attached Request for Proposal. 3. Performance standards for funded personnel are a minimum of three(3)self-initiated contacts per hour funded with a"desired outcome"of three(3) seat belt citations per hour. This is an enforcement activity with "zero tolerance"for seat belt violations. It is expected Notices of Infraction (NOI's)will be issued at contact unless circumstances dictate otherwise It is understood that violator contacts may result in related, time-consuming activity. Such activity will be considered for reimbursement.Activity other than that initiated through emphasis patrol contact(investigating collisions, emergency responses, etc) will be the responsibility of the contracting agency and may not be considered for reimbursement. 4. Contractor must submit for reimbursement no later than July 1, 2005. Billings will include. ♦ Invoice Voucher, Al9-1A Form (attached). Please note that we cannot accept a FAX We must have our agency identified as the "Claimant", a Federal Tax ID # and an original signature of the aaencv head, command officer or contracting officer on the A-19 form ♦ Payroll support documents (overtime slips, payroll documents, etc) ♦ Officer worksheets (showing 3 or more self-initiated contacts per hour) ♦ Combined activity log with totals for the entire mobilization 5. Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the Washington Traffic Safety Commission, one representative from your agency and a mutually agreed upon third party The dispute panel shall thereafter decide the dispute with the majority prevailing 6. Either party may terminate this agreement upon (30) days written notice to the other party. In the event of termination of this agreement, the terminating party shal a liable for the performance rendered prior to the effective date of termination. IN WITNESS WHEREOF, PARTIES HAVE EXECUTED T]�I GRE MENT ✓ ���, AP OVE /DIS CE d�IT—UM S_F Agency Washin ton Traffic Safety Commission W WFo6D Return to: WTSC Contr ing Agent (Print/4 Print/ a Name) PO Box 40944 - , ;j-/a /6 O V Olympia, WA 98592-0944 Signature Date o 1 4400 K ENT WASH INGTON May 3,2005 POLICE „ Ed Crawford' Angie Ward Chief of Police Occupant Protection Program Manager Phone:253-856-5800 Washington Traffic Safety Commission Fax:253-856-6802 PO Box 40944 220 Fourth Ave.S.- Olympia, WA 98504-0944 Kent,WA 98032-5895 Dear Angie, The City of Kent Police Department is requesting to participate in the Commission's Click- it or Ticket overtime enforcement campaign from May 9 through June 5, 200f Our agency is requesting S 59000.00 and anticipating providing 50 hours of seat belt emphasis overtime. Please refer to the attached overtime schedule. We have designated Debra LeRoy as the single point of contact for the purposes of the management, administration and activity reporting associated with the grant. Debra LeRoy, R&D Analyst Kent Police Department i 220 4"'South,Kent, WA 98032 (253) 856-5856 FAX:(253)856-6802 dierov@ci.kent.wa.us We have designated Cesi Velez as the single point of contact for the purposesof media and public education. Cesi Velez,Public Education Specialist Kent Drinking Driver Task Force 220 4"'South,Kent, WA 98032 r (253) 856-5884 FAX(253) 856-6802 cmedina ci kent wa us The Kent Police Department will support the King County Traffic Safety Task Force press event Neighbonng junsdictions will be notified of the emphasis dates,timesand arterials included in our emphasis. We understand that in order to receive reimbursement, our department must submit a completed A-19 invoice voucher,payroll support documents, completed activ)ty logs,and a combined activity log with totals for the entire mobilization no later and July 1 2005 r We have signed and attached the Memorandum of Understanding (MOU)andlook forward ( to receiving a confirmation letter and copy of the fully executed MOU from your office by May 9, 2005. t = Sincerely, • - Ed Crawford —s Chief of Police Attachment: Proposed Officer Schedule q;. Click-it Apnl 05 Ma -June 2005 Click it Ticket Schedule date officer Fro/To hrs cntcts SB not Child NOI's Crim Alco Druq Custj Stolen 9-May 3 10-Ma 0 11-Ma 3 12-Ma 0 13-Ma 4 16-Ma 3 17-Ma 3 18-Ma 0 19-Ma 4 20-Ma 0 23-Ma 3 24-Ma 0 25-Ma 3 26-Ma 4 27-Ma 4 31-Ma 4 1-Jun 3 2-Jun 3 3-Jun 3 4-Jun 3 5-Jun 0 TOTALS 50 Goal 50 150 130 20 Hours to be annexed consecutively to officers shift (beginning or end) Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: DEPARTMENT OF SOCIAL & HEALTH SERVICES, DIVISION OF ALCOHOL AND SUBSTANCE ABUSE GRANT FOR UNDERAGE YOUTH—ACCEPT 2. SUMMARY STATEMENT: Acceptance of a grant in the amount of$60,000 from the Department of Social & Health Services, Division of Alcohol and Substance Abuse Grant for Underage Youth and authorization to amend the budget. The Drinking Driver Task Force will use the funds in cooperation with the Washington State Liquor Control Board which also received $15,000 from the same grant. The funds will be used for a WSLCB agent, youth operative expenses for compliance checks and officer overtime. In addition to the Youth Conference, other prevention and awareness strategies will continue to address supply and demand for alcohol by underage youth in Kent. The program will begin July 1, 2005 and end May 31, 2007. 3. EXHIBITS: Draft of proposed budget items, the two-year strategies and benefits/ outcomes 4. RECOMMENDED BY: Public Safety Committee 5/19/05 (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 N00305 Amount $60,000.00 Unbudgeted Revenue: Fund N00305 53312 Amount $60,000 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6S DRAFT COMMUNITY EFFORT TO REDUCE UNDERAGE DRINKING RUaD Project Proposal Summary of Strategies KPD / DDTF staff will meet with DASA on Monday, May 16 from 3.00— 5:00 pm. New Contract Date: July 1, 2005 through May 31, 2007 Proposed Total Two-Year Budget: NO LOCAL MATCH IS REQUIRED $ 59,936 City of Kent A. Personnel $ 229888 B. Benefits 29773 C. Travel* 79364 D. Supplies 26,911 $ 59,936 $ 15,064 Liquor Control Board $ 75,000 Strategies: 1. Compliance Checks 10 Operations; KPD walk-throughs & ID checks Press Releases 2. Violation Sanctions On& Off-Premise Businesses, clerks/servers, MIP and Adults Furnishing - LCB, KPD, youth operative 3. Education/Awareness As designed and implemented by Roundtable, DDTF Steering Committee and Youth Board 4. Training LCB for merchants; LCB for Officers; KPD for youth 5. Youth Board Training; Sponsorship of the Youth Conference and Follow-Up Activities & Parent/Peer Education Benefits: While enforcement of laws against sales to minors is extremely important, it is more likely to occur and to be sustained if community norms against underage drinking are strengthened and publicized. Change in community attitudes about underage drinking and the enforcement of minimum purchase age laws will result in youth remaining alcohol-free and a reduction is alcohol-involved injuries and crimes. • Attendance at the National Leadership Conference August, 05 in Tucson, Arizona and 06 (date and location yet to be determined) is REQUIRED for two each year (usually one enforcement & one project administration). RUaD strategy summary for Chief 05 Statement of Work • Conduct a minimum of 10, 8-hour alcohol compliance check activities. • Ensure that 100%of liquor law violators found during compliance check activities are issued an AVN sanction. • Notify all liquor licensees within the City of Kent of the schedule for merchant alcohol training offered through the Liquor Control Board. • Explore changes to strengthen city ordinances related to sales of alcohol to minors. • Educate a minimum of 200 youth on alcohol prevention and local advocacy. • Provide a minimum of 10 local school-based youth-led RUaD activities • Provide a minimum of 1 underage drinking prevention training to each shift of the Kent PD per year. • Provide training on the Washington State graduated licensing program to 14-18 year olds • Maintain a youth board of at least 15 members. • Provide at least 1 youth leadership training to youth board members ;er year. • Provide representation from at least 2 people at the Washington State Prevention Summit in October 2005 and October 2006. • Provide representation from at least 2 people at the Office of Juvenile Justice and Delinquency Prevention, annual National Leadership Conference Reporting Progress Reports Progress reports are to be completed and submitted to the Statewide Coordinator using the provided form and in accordance with the following schedule — Quarter Reporting Period Report Due Date 1 7/1/05— 12/31/05 1/15/06 2 1/1/06—6/30/06 7/15/06 _- 3 7/1/06—12/31106 1/15107 4 1/1/07—5/31/07 6115/07 7 Compliance Check Reporting. A RUaD Compliance Check Activity Report Form must be completed for each business visited during scheduled RUaD compliance check activities. Completed forms are to be mailed to the Statewide Coordinator within 2 weeks of the compliance check operation. Reimbursement for _ compliance check activities will not be processed until forms are received for that operation i i Inn nM 3N� Nzm mx lJfJCOM o 0 o C 3 cn� Nom p am CD '0 � _ AWN O N D^WA0 CD C) .. � � � 0 d y C) N D0� �G .0. d '0 -4rn0) CJI �-0 DA y & CD S0 O 0 I I i l .o �� 0 2 00oor m a N WoCD d v WN W N � � O. N NfnN rr 5'00 00 -4orn `o w rn F � o A rn cn o m � Q 3 0 a o o y d 1 J c O O O O O v -4rnrn 00'v M 0 ? 0'o (A CS CD CD @ 0CD y 0M A 'D a M m mCDm m a m � m ro m m m 3 ? W �? .6 � � � �� � m m =to o� G n� mto o) fQ v � 8 Wm fA m ul m N m yNNm 0 '< N �< K K C X0 3 0 ca3 .. 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SUBJECT: INTERLOCAL AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF CORRECTIONS FOR COMMUNITY CORRECTIONS OFFICER—AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the City to provide community corrections services and facilities in a manner best serving the needs and development of our local communities. The City of Kent Police Department will provide office space for one Community Corrections Officer as detailed in the agreement. The Department of Corrections (DOC) will provide the Community Corrections Officer and adhere to the responsibilities as detailed in the agreement. The agreement has been approved by both the Washington State Department of Corrections and the City of Kent's attorneys. 3. EXHIBITS: Interlocal agreement 4. RECOMMENDED BY: Public Safety Committee 5/19/05 (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. 6T INTERLOCAL AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF CORRECTIONS AND CITY OF KENT WHEREAS, Chapter 39.34 of the Revised Code of Washington (Interlocal Cooperation Act)permits state agencies and local governments to make the most efficient iuse of their powers by authorizing them to enter into agreements with each other, in order a to provide services and facilities in a manner best serving the needs and development of their local communities, and WHEREAS, the City of Kent's Police Department (hereinafter "City") is charged by the Kent City Code with the protection of all persons and property within the city limits of Kent; and WHEREAS, the Washington State Department of Corrections (hereinafter "DOC") is responsible for enforcement of probation sentences of felony offenders, including those residing or working within the City of Kent; and WHEREAS, the City and DOC desire to enter into an interlocal agreement to improve their respective abilities to carry out their public safety responsibilities, NOW, THEREFORE, THE UNDERSIGNED JURISDICTIONS AGREE AS FOLLOWS: 1. CitResponsibilities. The City of Kent agrees that the City will: A. Provide office space for one Community Corrections Officer at the Kent Police Department, either at 220 Fourth Avenue South (its current location) or at such other location as the City Council may select for the Police Department in the Council's sole discretion. The office space will be available to DOC seven days a week, twenty-four hours per day. B. Allow the Community Corrections Officer to use the facsimile and copy machines that are generally available for Police Department staff. C. Provide access entry codes to the Community Corrections Officer assigned to Kent, to facilitate their access seven days a week, twenty-four hours per day. D. Provide a dedicated telephone line suitable for use of a laptop computer, and a connection to incoming telephone lines INTERLOCAL AGREEMENT BTWN WASHINGTON STATE DEPT OF CORRECTIONS &CITY OF KENT- 1 E. Provide janitorial service for the office space. 2. DOC Responsibilities. The DOC agrees that the DOC will: A. Keep the office space provided under Section LA above clean. B. Staff the office at the City with one Community Corrections Officer, who will work one to two days per week generally from 8 a.m. to 5:00 p.m. C. The Community Corrections Officer will wear DOC identification at all times while in the Police Department or other City facilities. D. Maintain a visitors' log, and require all visitors to the Community Corrections Officer at the Police Department to sign their names in the log and enter the time at which they enter and exit the building. E. Schedule the offenders' visits to ensure that only one offender is in the Police Department at any time. F Escort all visitors to the Community Corrections Officer at all times such visitors are in the Police Department. G. Arrest any offenders within DOC jurisdiction, unless DOC has made prior arrangements with a Kent Police Commander. H. Transport any offender arrested by DOC to the local county jail, except in cases of extreme emergency, in which case the City's Police Department may, in its sole discretion, transport the offender. 3. Access to Information. A. Access to all DOC computer systems and files is restricted to the Community Corrections Officer DOC will follow its policy for dissemination of any information from its computer systems and files. B. Access to all City computer systems and files is restricted to police personnel. The City will follow its policy and applicable law concerning dissemination of all police information. 4. Independent Entities. While the parties recognize that each is an independent entity, the parties also recognize that the City has developed extensive workplace policies and rules to provide for an orderly and productive work environment INTERLOCAL AGREEMENT BTWN WASHINGTON STATE DEPT.OF CORRECTIONS&CITY OF KENT-2 that is free of violence, discrimination of any kind, and harassment of any kind. The Community Corrections Officer shall, at all times while on the property of the City or in any dealings with City employees or the public, act in a manner that complies with all City policies relating to the workplace, and shall abide by all workplace laws and regulations. To this end, the Community Corrections Officer shall be responsible for reviewing all City policies relating to the workplace, and the DOC shall be responsible for ensuring that this occurs Moreover, the DOC shall, in addition to all other indemnification requirements of this Agreement, defend and fully indemnify the City in any action, whether before any state or federal agency, or in any court, in which the City is a party, and which involves allegedly discriminatory or harassing actions or other employment or workplace-related actions of the Community Corrections Officer toward any employee or any member of the public. 5. Term. This Agreement shall take effect immediately and shall continue in effect until terminated. Either party may terminate it by giving thirty (30) days written notice to the other. 6. Compliance with Laws. Each party shall be responsible for compliance with all applicable federal, state, or local laws and regulations. 7. Indemnification Except as provided in section 4 of this Agreement,each party to this Agreement agrees to defend, indemnify and hold the other party, its elected I officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement, to the extent caused by the negligent acts, errors or omissions of that party, its elected officials, commissioners, officers, employees, agents, and volunteers, or by breach of this Agreement. Survival. The provisions of this Section 7 shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8 Nothing herein shall require or be interpreted to: A. Waive any defense arising out of RCW Title 51. B. Limit or restrict the ability of either entity or employee or legal counsel for either entity or employee to exercise any right, defense, or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. INTERLOCAL AGREEMENT BTWN WASHINGTON STATE DEPT OF CORRECTIONS& CITY OF KENT- 3 9. Contact Persons. The parties agree that, for the purposes of RCW 39.34.030(4)(a), the administrators/joint board for this Agreement, and the contact person for each party, shall be as follows: A. Supervisor of the Department of Corrections: B. City of Kent: Captain Mike Painter 220 South 4ch Ave Kent, Washington 98032 253 8565820 10. Manner of Financing and Disposing of Property. For the purposes of RCW 39.34 030(3)(d) and RCW 39.34.030(4)(b), each party shall be responsible for financing that portion of this Agreement for which it is responsible. As no property will change hands, each party shall retain ownership and control of its respective property, and there shall be no need to distribute property upon the termination of this Agreenent. 11. Filing. A copy of this Agreement shall be filed with the Secretary of State, the City Clerk of the City of Kent, and recorded with the King County Auditor. 12. General Provisions A Entire Agreement. This Agreement contains all of the agreements of the parties with respect to any matter covered or mentioned in this Agreericnt. B Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the parties. C. Succession. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. D Severability. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. E Default. In the event either of the parties defaults ca the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit,each Party shall pay all its own attorneys' fees, costs and expenses. INTERLOCAL AGREEMENT BTWN WASHINGTON STATE DEPT OF CORRECTIONS &CITY OF KENT—4 F. Venue. The venue for any dispute related to this Agreement shall be King County, Washington. G. Waiver. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. WASHINGTON STATE CITY OF KENT DEPARTMENT OF CORRECTIONS By: By: Print Name: Print Name: Its. Its: Date: Date: Approved as to Form: Approved as to Form: ATTEST this day of ATTEST this day of 12005, , 2005. P 1Crvd1FILFS1OpenFdesW133-200S\KenfKCCom tionslnterimal dm r INTERLOCAL AGREEMENT BTWN WASHINGTON STATE DEPT OF CORRECTIONS &CITY OF IrENT-5 Kent City Council Meeting Date June 7, 2005 Category Consent Calendar I 1. SUBJECT: RAVENSDALE RANGE INTERLOCAL AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Mayor to sign an agreement which provides the City of Kent Police Department the resources of the Ravensdale Range in order to qualify its commissioned police officers per state law firearms requirements. The agreement will become effective upon the signatures of both parties and shall continue until December 31, 2005 Thereafter, the agreement shall renew automatically from year to year unless negotiations for a new contract are initiated. The agreement has been approved by both the King County Sheriff's Office and the City of Kent's attorneys. 3. EXHIBITS: Interlocal agreement 4. RECOMMENDED BY: Public Safety Committee 5/19/05 (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 S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i iDISCUSSION: ACTION: Council Agenda Item No. 6U i INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND CITY OF KENT RELATING TO THE USE OF THE RAVENSDALE RANGE tThis is an Interlocal Agreement between King County,a home rule charter county,a political subdivision of the State of Washington, hereinafter referred to as the "County", and City of Kent, a municipal corporation of the State of Washington,hereinafter referred to as the "City". WHEREAS,the King County, through the King County Sheriff's Office(KCSO),possesses a firearms range at 26520 292"d Avenue SE in Ravensdale, Washington (Ravensdale Range) for firearms training and qualification of its commissioned deputies, and WHEREAS,the City desires to use the Ravensdale Range to qualify its commissioned police officers per state law: NOW,THEREFORE,the County and City agree as follows: 1. Use of the Ravensdale Range Facility. 1.1. The County will make available to the City the resources of the Ravensdale Range as listed in Exhibit A on Saturdays as requested by the City, if the County has the resources available to accommodate the request. 1.2. Prior to each use of the facility,the City shall file a lesson plan with the County Rangemaster. The County Rangemaster must approve the lesson plan before the City uses the Ravensdale Range. 1.3. The City will maintain a log sheet and roster for each day that it uses the facility. 1.4. The City shall provide its own targets, ammunition, and other equipment necessary to train and qualify its personnel. 1.5. The City shall allow only commissioned officers who are obligated to qualify with their firearms under state law to use the Ravensdale Range. 1 1.6. The City will maintain a ratio of one range safety officer per four officers in training at all times while using the Ravensdale Range. 1.6.1. The City will designate a representative who will coordinate scheduling and usage of the Ravensdale Range with the County Rangemaster. 16.2. City instructors and range safety officers shall supervise the training and execution of the approved lesson plan 1.63. County range safety officer(s) shall supervise the use of the Ravensdale Range by the City, at the expense of the City. 1.7. The City will be responsible for removing its equipment and cleaning the range following its use of the Ravensdale Range Interlocal Agreement Between King County And City of Kent Relating To The Use Of The Ravensdale Range 1 110 2. Compensation. 2.1. Development of Ravensdale Range Costs. The County shall develop the cost of the Ravensdale Range,which shall include,but not be limited to, salary, benefits and special pays, if any,for personnel providing the service, along with any associated clothing allowance, quartermaster, overtime, supplies, services, capital,telephone, motor pool, lease cars, systems services, insurance,equipment and associated administrative costs. If not already included, costs shall include adjustments for cost-of-living and inflation. 2.2. Calculation of City's Estimated Agreement Amount. Ravensdale Range costs shall be the basis for calculating the City's estimated agreement amount The City shall be charged for services on an hourly basis, with time spent calculated in four-hour blocks during normal business hours After normal business hours, the City shall be charged for services on an hourly basis, with time spent rounded to the nearest 30 minutes 2.3. City's Estimated Rates. The estimated rates are shown on Exhibit A. The County agrees to revise these amounts annually following the King County Council's adoption of the Annual County budget. 2.4. Billing The City shall be charged for use of the Ravensdale Range on a monthly basis Payments shall be due within 30 days after invoicing by the County. 3. Special Provisions. 3.1. Operational Decisions and Policy-Making Authorities The King County Sheriff and the City Police Chief, or their respective designees, shall retain their respective authority to make operational decisions and develop and implement policies for their agencies. The County has final authority over issues pertaining to the use and/or operation of the County range facilities The respective authorities of the City and the County to make operational decisions and develop and implement policies shall be governed by the guidelines contained in Exhibit B, "Roles and Responsibilities of Rangemaster Personnel"(Exhibit B). 3.2. First Aid and First Aid Equipment. KCSO will make available first aid equipment to include oxygen, a defibrillator, and a level I trauma kit Kent Police Department range instructors and safety officers must be trained to use the equipment and to perform first aid. In the event City employees damage any first aid equipment,City will be responsible for the replacement of that equipment 3.3. Damage to Ravensdale Range. The City shall be responsible for repairing any and all damage to the Ravensdale Range caused by the actions of its personnel. 3.4. Investigations of Incidents at Ravensdale Range In the event that an incident occurs during the City training that requires the closure and/or an investigation of the Ravensdale Range,the County and City shall jointly share the costs of the investigation If the investigation finds that the closure was a direct result of any policy/safety violations on the part of the City,the City will bear the full cost of the investigation 4. Indemnification 4.1. Liability Related to City Ordinances, Policies, Rules and Regulations In executing this agreement,the County does not assume liability or responsibility for or in any way release the Interlocal Agreement Between King County And City of Kent Relating To The Use Of The Ravensdale Range 2 i City from any liability or responsibility which arises in whole or in part from the existence, validity or effect of City ordinances,rules or regulations. In any such cause,claim, suit, action or administrative proceeding is commenced,the City shall defend the same at its sole expense and if judgment is entered or damaged are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 4.2. City Held Harmless. The County shall indemnify and hold harmless the City and its officers, agents,and employees,or any of them,from and against any and all claims,actions,suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the County, its officers, agents, and employees in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City or the City and the County,the County shall defend the same at its sole cost and expense; and if final judgment be rendered against the City and its officers, agents,and employees or jointly against the City and the County and their respective officers,agents,and employees the County shall satisfy the same. 4.3. County Held Harmless, The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from and against any and all claims,actions, suits,liability, loss, costs, expenses,and damages of any nature whatsoever,which are caused by or result from a negligent act or omission of the City, its officers,agents,and employees. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County or the City and the County, the City shall defend the same at its sole cost and expense; and if final judgment be rendered against the County, and its officers,agents,and employees or jointly against the County and the City and their respective officers, agents, and employees the City shall satisfy the same. 4.4. Waiver Under Washington Industrial Insurance Act The foregoing indemnity is specifically intended to constitute a waiver of each parry's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them 5. Duration. This agreement is effective upon signature of both parties and shall continue until December 31,2005 Thereafter,the agreement shall renew automatically from year to year unless negotiations for a new contract are initiated,those negotiations are completed and a new contract is adopted, or unless either party initiates the termination process outlined herein. 6. Termination Process Either party may initiate a process to terminate this agreement as follows: 6 1. Written Notice of Termination Any party wishing to terminate the agreement shall issue a written notice of intent not less than 60 days prior to date of termination. 62. Termination and/or Interest Charge. 6.2.1. In the event the City fails to make a monthly payment within 60 days of billing, the County may charge an interest rate within two percentage points of the interest rate on the monthly County investment earnings. In addition, in the event the City fails to make a monthly payment within 120 days of billing, the County may terminate this agreement with 30 days written notice. 6.2.2. If the City and County are in disagreement over a portion of the bill,the City can Interlocat Agreement Between King County And City of Kent Relating To The Use Of The Ravensdale Range 3 withhold the disputed portion of the bill by placing the amount in escrow and following the process outlined in Section 10. for resolution of agreement dispute issues. The County will not charge interest on the disputed portion of the bill so long as the City follows the process outlined in 6.2.1 and pays the non-disputed portion of the bill within 60 days of billing. 7. Audits and Inspections. The records and documents with respect to all matters covered by this agreement shall be subject to inspection, review or audit by the County or City during the term of this agreement and three (3)years after termination. 8. Amendments. This agreement may be amended at any time by mutual written agreement of the City, the King County Sheriff, and the King County Executive. 9. Agreement Administration. 9 1. Agreement Administrators. The City Representative,the County Rangemaster, and KCSO Contracting Captain shall serve as agreement administrators to review agreement performance and resolve operational problems. The agreement administrators will meet as needed to fulfill this provision. 9.2. Referral of Unresolved Problems. The Sheriff and City Police Chief shall meet as necessary to resolve any issues that cannot be resolved by the agreement administrators. 10. Entire Agreement/Waiver of Default. The parties agree that this agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any provision of the agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the agreement unless stated to be such through written approval by the County,which shall be attached to the original agreement. IN WITNESS WHEREOF,the parties have executed this agreement. King County City of Kent King County Executive Date Chief Executive Officer Date King County Sheriff Date Police Chief Date Interlocal Agreement Between King County And City of Kent Relating To The Use Of The Ravensdale Range 4 r,HT ie.cee�) c cirri HuniLHrtr 5tKv1i_t5 rv.00 r EXHIBIT A.: KING COUNTY SHERIFF'S SERVICES AND COSTS Ravensdale Range Facilities (excluding equipment): • Training Room • FATS Machine • SEMS House • Firing Range • Live Fire House Ravengdale Range Personnel.- 0 One range staff person to approve plans and Supervise use of Range facilities 2005 Rates: Hourly rate for Ravengdale Range: $78 Half-day rate(4 hours) for Ravengdale Range; $312 Full-day rate(8 hours)for Ravengdale Range, $624 Inirdocel Agreement Between King County And CITY of Kenl Relating To the Use Of The Ravensdale Rase I Exhibit A EXHIBIT B: FIREARMS TRAINING FACILITY OPERATIONAL RULES 1. Preamble. The purpose of this Standard Operating Procedure (SOP) is to establish guidelines for the proper use of all firearms training facilities utilized by the King County Sheriff's Office and to clearly acknowledge that firearms' training, along with related firearms training, is inherently dangerous. Safety will always be at the forefront when making any decision involving Range Unit activities and facilities. 2. Scope. The procedures documented herein will apply to all Sheriffs Office personnel and other State, County, Municipal, Federal, or Special Interest Groups utilizing King County Sheriff s Office Firearms Training Facilities. 3. Safety Any conduct that unreasonably jeopardizes the safety of the facility users shall result in immediate expulsion from the facility. 3.1. Four Universal Firearms Safe. Rules. These rules shall be adhered to at all times Violation of any safety rule may result in removal from the range. 3.1 1 All guns are always loaded. 3.1 2 Don't point a gun at anything you are not willing to shoot. 3 1.3 Keep your finger off the trigger until you are on target and have decided to fire. 3.14 Always be aware of your target and your backstop beyond. 3.2. All individuals conducting training the Ravensdale facility shall have available and use the following safety equipment 3 2.1. Full eye protection or prescription eyeglasses. 3 2 2. Ear protection. - 3.2.3. Ballistic vest. 3 2.4 Full footwear-No sandals or other open toed shoes. 3 2.5. Full pants-No shorts, skirts,kilts, etc. 3.3 When the Ravensdale facility is being used for firearms training,the"hot range"designated red flag shall be displayed on the flagpole next to the tower. The first Range Officer in the compound will be responsible for the posting of that flag. 3.4. Two officers shall be present at all times when the firearms facilities are in operation. When training sessions are being conducted, one of the Range Officers shall be designated as the "Range Safety Officer" Additionally, there shall be one Firearms Instructor or Range Safety Officer assigned to every four(4) shooters The Range Safety Officer is solely responsible for the conduct of the individuals present,and for the adherence to Department policies and procedures. The Range Safety Officer is additionally responsible for ensuring that all of the users are adequately briefed on the operations of the facilities and safety requirements. 3.5. When Simunitions (SIMS)training is being conducted,all participants will be assembled and briefed on the safety rules as a group. All users will then surrender all firearms, ammunition, and any other weapon(s)to the Range staff These items will be safely secured before the issuance of any Simunitions equipment. The same safety equipment is required with SIMS training as with any other firearms training. I Intedocal Agreement Between King County And City of Kent Relating To The Use Of The Ravensdale Range I Exhibit B 3.6. Additional Safety Rules: 3.6 1. Loaded firearms will be handled in designated areas only. 3.6.2. Loaded weapons will only be unloaded at a clearing barrel or other spot designated by a Range Staff member. 3.6.3. Weapons will not be loaded/unloaded in the classroom or parking lot. 3.6.4. No homemade targets or target stands may be used without prior approval. No cans, bottles, glass, clay, exploding or shattering targets may be used. 3.6.5. No smoking is allowed within the "bowl", or the Administration building. 3.6.6. No eating or uncovered drinks are allowed within the "bowl". 3.6.7. No vehicles are allowed beyond the parking area unless approved by KCSO Range Staff. 3.6.8. Steel targets will be placed as close to the berm as possible to eliminate backsplash and ricochet 4. Venues. 4.1. Administration Buildin¢ The Sheriffs primary firearms training facility is located at 26520 292 AV SE, in Ravensdale, WA. The Administration Building houses the offices of the Sheriff's full-time firearms training staff as well as a classroom, armory, FATS (Firearms Training Simulator) and garage/weapons cleaning room. 4.2. Simunitions House, The Simunitions house (SIMS House)is a two-story, multi-room structure designed specifically for the use of SIMS training equipment It is located in the SW section of the bowl. The walls of the SIMS house were manufactured in a manner that allows for easy cleaning of SIMS detergent-based residue. 43 Hogan's Alley. Hogan's Alley is located on the east side of the bowl. Hogan's Alley is used strictly as a simunitions venue. No live fire exercises will be conducted there. All rules pertaining to the Simunitions House will apply to Hogan's Alley. 4.4. Firin Lg anes. The Firing Lanes are located on the North Side of the Bowl just north of the Tower. They are designated by a cement pad and equipped with a baffle system. 4.5. Modular Armored Tactical Combat House (MATCH or Live-Fire House). The MATCH house was manufactured by Action Target and is composed of ballistic panels that allow the use of live firearms It is located in the western portion of the bowl. Above the training floor is a ballistic "catwalk"that allows the MATCH house operator to monitor activities in the MATCH house and control the eight air driven targets interspersed throughout 4.6. Ammunition Building. The Ammunition Building is located in the SE section of the bowl. It was designed as an ammunition storage facility and was constructed of steel panel reinforced walls and ceiling on a concrete slab. 4.7. Control Tower The Control Tower is located in the center of the bowl. It is a two-story structure that was originally designed as an observation post from which all range activities could be monitored A telephone is located in the tower and on the first floor there is a restroom and compressor/target control room As a result of recent firing-line safety modifications,the use of the Control Tower for its original purpose has been limited. 4.8. Bullet Trap The Bullet Trap, located at the North end of the bowl, is a Caswell-Detroit Reclining Gran-Trap. It spans the width of the firing line and is designed to restrict lnterlocal Agreement Between King County And City of Kent Relating To The Use Of The Ravensdale Range 2 Exhibit B inappropriately fired rounds from escaping the Bowl. 49 Firearms Training Simulator(FATS machine) The Firearms Training Simulator(FATS machine) is an interactive video medium designed to teach firearms tactical decision making skills and basic firearms operation skills. The Federal Bureau of Investigations (FBI)has provided a FATS machine for the Sheriff's facility and it is located in the Administration Building classroom. 5. General Operation and Maintenance. 5.1. General. 5.1.1. Any problems experienced while using the range will be reported to the Rangemaster or the Range Staff 5.1.2. Shooters and instructors are responsible for range clean up prior to departure. 5 2. Ammunition. 5 2.1. Firearms shot on the firing lanes shall be limited to authorized Law Enforcement duty style handguns and shotguns. 5 2.2. No Armor Piercing ammunition is authorized at any King County Firearms Facility. 5.3. Ravensdale Range. 53 1. In accordance with the King County Code,the facility can enjoy"unrestricted use" between the hours of 0900 A.M and dusk, seven days a week. However, the facility can only operate past these hours if it does not unreasonably affect surrounding communities. The telephone number for the facility will be distributed to the neighboring residences. If there is an instance of a disturbance reported by a neighbor, we will discontinue related use until a reasonable accommodation is found. The Range staff,when establishing the criteria for a particular type of training, should always consider the impact on the surrounding communities. 6. Rules of Operation and Safety. 6.1. Simunitions. The purpose of this section is to ensure the safe operation of Simunitions scenarios. The Chief Firearms Instructor, before implementation,must approve all Simunitions training. 6.1.1. SIMS Safety Brief Before any Simunitions training begins,the training facilitator or Range staff shall conduct a safety briefing The safety briefing at the end of this exhibit shall be read to all officers prior to using Simunitions. 6.1.2. Simunitions (SIMS) House. 6.12.1. The above listed simunitions safety rules will apply in the SIMS House. 6.1.2.2. No live firearms whatsoever are allowed within the SIMS House. 6.1.2.3 A Safety Officer will be designated outside the House. This Officer is responsible for visually and physically inspecting each person prior to entering the House or conducting any training involving the Simunitions house. These persons will be inspecting for live guns,back-up guns, knives, pepper spray, or any other weapon that may be deployed within the House. 6.2. MATCH House 6.2.1. Safety Rules. 6 2.1.1. Appropriate eye protection, ear protection,and your ballistic vest, are required Interlocal Agreement Between King County And City of Kent Relating To The Use Of The Ravensdale Range 3 Exhibit B when using the MATCH house. 6.2.1.2. No rifles or shotguns inside the MATCH house(handguns and submachine guns only). 6.2.1.3. No full-auto firing of weapons(max 3-round bursts). 6.2 1.4. All drawn weapons MUST be carried in the"low ready"position,and never pointed upwards. 6.2.1.5. A minimum of one Firearms Instructor and one Safety Officer is necessary to conduct any exercise in the MATCH house. One positioned on the catwalk,and one down below to accompany and monitor all students. 6.2.16. Weapons are to be carried muzzle down at all times so as not to endanger instructors on the catwalk above. 6 2.1.7. Shotguns may be used within the House The maximum shotgun round authorized is the 12 Ga Slug. Targets are to be placed in such a manner that targets are not engaged at a 90-degree angle. Bounce back may occur injuring a shooter. 6.2.1.8. DO NOT"LASER"YOUR FELLOW OFFICERS! 6.2.2. MATCH Calibers/Ammunition. The following caliber ammunition is permitted within the MATCH House. 6.2.2.1. All pistol calibers,9mm, .45, .38/.357, .40,and S&W, 10mm, .380, .357 SIG. Other calibers shall be authorized by the KCSO Rangemaster prior to use 6.2.2 2. All 12 Ga Department issued rounds 6.2.2.3. Sub-guns such as the MP-5 may be fired in the MATCH House. They are to be used in a maximum of 3 round burst 6 2 2 4. No rifle calibers or armor piercing rounds of any kind are to be used within the MATCH House. This is to include Frangible ammo 6.2 2 5 223 caliber rifle rounds to include 223 Frangible ammunition are not permitted in the MATCH House The 223 rounds will damage the ballistic steel. 63 Firing Lanes Safety Rules. 6.3.1. Firearms used on the Firing Lanes shall be limited to Law Enforcement duty style weapons and related equipment Firearms shall be the type issued or approved by the agency. 6.3.2. KCSO Range Staff may grant exceptions. 6.3.3. No Armor Piercing rounds will be fired in ANY venue at any King County range facility. 6.3.4. The Bullet Trap is rated up to .50 caliber which is the maximum caliber allowed on the Firing Lanes. 6.3.5. All weapons/ammunition are subject to inspection by King County Range Staff 6.3.6. Rounds must be fired perpendicular to the targets. 1 6.3.7. All rounds must be fired from the designated locations on the firing lane cement pad with the exception of rifle fire Rifle fire may be conducted outside the cement pad only at the direction of a firearms instructor, and rounds must be fired perpendicular to the target. 7. Use of Sheriffs Range Facilities by Outside Agencies 7.1. Restrictions on Use. I 7.1.1. No one is allowed to use the Ravensdale Facility without the knowledge of the KCSO Rangemaster or other designated KCSO Range Staff. 7.1.2. Access to the Ravensdale Facility by outside Agencies shall require a request in writing i at least 30 days in advance along with a copy of the lesson plan to be used This request will be directed to the Rangemaster or Chief Firearms Instructor, and will be scheduled Interlocal Agreement Between King County And City of Kent Relating To The Use Of The Ravensdale Range 4 Exhibit B at their discretion. The Sheriff's Office reserves the right to alter scheduling to meet department needs The Rangemaster reserves the right to pre-empt or cancel training whenever inclement weather or other dangerous conditions exist. 7 13 Outside agencies will supply their own targets and ammunition 7.1.4. All damage to the Facility will be reported to the Rangemaster or his/her representative prior to departing the Facility. Outside agencies will be required to pay for repairs and/or re-reimburse for use of First Aid/Safety equipment. 7.1.5. All injuries, other than minor,will be reported to the Rangemaster or his representative. 7.16 All accidental/negligent discharges will be reported to the Rangemaster or his representative. 7.1.7. The Rangemaster or his/her representative have the right to remove any unsafe shooter from the Range,regardless of Agency 7.2. Outside Agency Instructors. 7.2 1 Instructors from outside agencies who use King County facilities are subject to the same procedures as Sheriffs Office Instructors. 722. Upon arrival Instructors are to check in with King County Range Staff. 7.2.3. Fill out and sign a range use log that will be provided. 7.2.4. Notify the King County staff of what may be needed to safely operate the range 7.2.5. Instructors are to design courses of fire that are safe, and contain all fired rounds within the MATCH House, berm, or bullet trap,whichever is applicable. 7.2.6 Upon completion of shooting,Agency Instructors will check in with King County range staff and together they are to inspect the facility for damage. 7.2.7. Instructors are responsible for cleaning up their area prior to departure. 8. Specialized Munitions. Specialized munitions are allowed with prior approval by KCSO Range Staff. They include but are not limited to 8 1 Distraction Devices. Distraction devices may be used within the SIMS and MATCH Houses. 8.1.1. AR-15 target boards maybe laid on the floor to prevent scorching. 8.1.2. A fire extinguisher must be present in the event of fire 8.2. Gas projectiles. Gas projectiles may be used outdoors only. 82.1. Prior approval by the KCSO Rangemaster or his/her representative shall be obtained before using gas projectiles. 8.2.2. Steps will be taken to reduce the risk of fire. A fire extinguisher/water hoses will be ready in the event of fire. 8.2.3. Wind direction will be monitored to avoid gassing the Administration building or unprotected personnel at the facility. 8.3 Less Lethal. Less Lethal munitions may be used anywhere within the berm. t Interlocal Agreement Between King County And City of Kent Relating To The Use Of The Ravensdale Range 5 Exhibit B SIMUNITIONS SAFETY BRIEFING There will be a designated safety officer at each scenario station.The safety officer will be responsible for ensuring that... • No non-simunitions weapons of any kind are present at scenario stations. • No real ammunition is present. • No back-up guns, pepper spray,knives,etc. are being carried. • Deputies will carry only those items issued to them by A.T U/Range staff. • Safety officers are to visually and physically check deputies at each station • All deputies are responsible for safety. Any deputy seeing any unsafe condition may stop the scenario Only department issued simunitions guns will be used. These have bright blue receivers and are easily identifiable. Any deputy seeing a gun without such a receiver shall stop the scenario. Simunitions guns are real guns and the 4 Universal Firearms Safety Rules apply. ➢ ALL GUNS ARE ALWAYS LOADED. ➢ NEVER POINT A GUN AT ANYTHING YOU DON'T INTEND TO SHOOT ➢ KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOU ARE ON TARGET AND READY TO FIRE. ➢ ALWAYS BE AWARE OF YOUR TARGET AND THE BACKSTOP BEYOND. Simunitions guns are to be administratively unloaded prior to turn in. The Simunitions rounds sometimes will not clear the barrel when fired. Do not continue to fire.Notify an instructor and the gun will be cleared. All safety gear is to be worn. This includes head,throat,chest, and groin protection. Gloves, kneepads, etc. are recommended Magazines will be inspected at the beginning of the day, and return from breaks to ensure they contain no live rounds Simunitions and Live ammo will be kept separate. Any Student/Instructor who suspects a"Live"weapon may halt the scenario. 1 Protective gear will be worn at all times. 1.Face/head protection 2 Groin protection 3. Simunitions vest or Body Armor. 4. Throat protection 1 5. Heavy clothing and gloves are recommended to reduce bruising. tnterlocal Agreement Between King County And City of Kent Relating To The Use Of The Ravensdale Range 1 Exhibit B-1 IKent City Council Meeting Date June 7, 2005 Category Consent Calendar V J 1. SUBJECT: ORDINANCE AMENDING KENT CITY CODE 13.05 — FIREWORKS — ADOPT 2. SUMMARY Adoption of Ordinance No.37s�mendmg C r 13 05 of the Kent City Code relating to public display permits and providing e fire marshal authority, commencing one year from the date of passage, to ban the sale, use, and discharge of fireworks if a high fire danger exists. The ordinance also extends to the fire marshal authority to grant public fireworks display permits for all celebrations officially sanctioned by public or private high schools and in the observation of certain approved marriage ceremonies. I3. EXHIBITS: Ordinance and City Attorney Brubaker's 5/14/05 memo to the Public Safety Committee 4. RECOMMENDED BY: Pubic Safety Committee 1 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: tConclmember moves, Councilmember a seconds SC ACTION: µC, Council Agenda Item No. 6V i � x Iv E It ALiOf'T Cl-Wl .9A V-r. NO. ' c t-�A�72 13 ,015 of T"r= 14z-t--,7 CATy COD6 pu15L►c- ►2.aK fN cl ToA 11 fLCWog* DI S9Ay 1 eW- ' Ts/ � a AW MIDV ►O(NCi -akE P�,M�fllL.M, y6MZ- fr o w nA-5 Pk-M cF F,&,55 %Ci E AMO -SAJ),JEC,'T +, %J S C I AN50 njc-- 1 ECf-- fI I2,EVJlC*.KS if J LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 Z1 OO K E N T Fax: 253-956-6770 W A 5 N I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 14,2005 To: Public Safety Committee From: Tom Brubaker, City Attorney Regarding: Public Display of Fireworks and High Fire Danger MOTION: Recommend the city council adopt the proposed ordinance amending Chapter 13.05 of the Kent City Code relating to public fireworks display permits and providing the authority, commencing one year from the (late of passage, to ban the sale, use, and discharge of fireworks if a high fire danger exists. SUMMARY: Currently, KCC 13.05.030 allows the fire marshal to issue permits to discharge fireworks as part of a public display for July 4"' ceremonies and high school homecoming ceremonies only Permit requests outside of those two events must be approved by the city council. However, the city's fire marshal occasionally receives permit requests for fireworks to be displayed at weddings and other kinds of high school events Often, these persons apply too late, not leaving enough time for the 4 — 6 weeks it takes to get council authorization. Accordingly, the fire marshal would like to amend KCC 13.05.030 to give the fire marshal discretion and authority to issue permits for the display of fireworks at wedding celebatuons and any celebration officially sanctioned by a high school. All other special public fireworks display requests would still need council approval. In addition, the fire marshal also asks to amend Chapter 13.05 of the Kent City Code to add a new section granting the Fire marshal additional authority to ban the sale, use, and discharge of fireworks in the event the Washington State Department of Natural Resources has determined the risk of fire in King County or the city of Kent to be "very high/extreme" or otherwise at the highest fire danger level In accordance with state law, the portion of the proposed ordinance authorizing the fire marshal to ban fireworks in the event of a high fire danger would not take effect until one year from the passage date of the ordinance. BUDGETIMPACT: None. I i ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending Chapter 13.05 of the Kent City Code regarding fireworks to add additional events under which a permit for a public display of fireworks may be issued and adding a new section providing the fire marshal with the authority, commencing one year from the date of passage, to ban the sale, use, and discharge of fireworks within Kent city limits in the event the Washington State Department of Natural Resources declares a high fire danger exists. RECITALS A. Currently, KCC 13.05.030 allows individuals to apply for a permit in order to discharge fireworks as part of a public display for July e ceremonies and high school homecoming ceremonies. Kent's fire marshal, however, often receives permit requests for fireworks to be displayed at certain high school events and wedding ceremonies. Accordingly, the fire marshal has proposed amending KCC 13 05 030 to allow permits to be granted for public displays of fireworks for all celebrations officially sanctioned by public or private high schools and in the observation of various ceremonial and celebratory events B. The city council also recognizes the risk associated with discharging fireworks at a time when the fire danger is at its highest level as determined by the Washington State Department of Natural Resources. Accordingly, the fire marshal 1 Fireworks—Public Displays and High Fire Danger should be given the authority to ban the sale, use, and discharge of fireworks within city limits in the event a high fire risk exists. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment Chapter 13.05 of the Kent City Code, entitled "Fireworks," is amended as follows• I Chapter 13.05. FIREWORKS Sec. 13.05.010. Sale and discharge of fireworks. A. Sale, purchase or possession It is legal to sell or purchase consumer fireworks within this city only during the following times and dates: from 12:00 noon to 11.00 p.m. on June 28th; and from 9:00 a.m. to 11.00 p in. on each day from June 29th through July 4th. It is legal to possess consumer fireworks within this city from 12.00 noon on June 28th through 11:00 p.m. on July 4th. It shall not be legal to sell, purchase or possess consumer fireworks at any other time, specifically including, without limitation, from December 27th through December 31 st. B. Use and discharge. It is legal to use or discharge consumer fireworks within this city only between the hours of 9:00 a.m. and 11:00 p.m. on July 4th. It shall not be legal to use or discharge consumer fireworks at any other time, specifically including, without limitation, from 6.00 p.m. on December 31 st of any year until 1:00 am. of the subsequent year. Sec. 13.05.020. Local fireworks permits. Application for all local fireworks permits required by the state fireworks law, Chapter 70.77 RCW, shall be made to the fire marshal The fee for such permit shall be established by city council resolution, 2 Fireworks—Public Displays and High Fire Danger rwhich amount covers the city's administrative costs for permit processing, issuance, and inspection. Pursuant to RCW 70.77.555, this permit fee and the costs for all needed permits and local licenses from application to and through processing, issuance and inspection shall not exceed one hundred dollars ($100) for any one (1) year, except that the fees for display permits will not exceed five thousand dollars ($5,000) for any one permit. 13.05.030 Public display of fireworks. The fire marshal is authorized, pursuant to RCW 70.77.280, to issue a permit for a public display of fireworks. After review and investigation of an application for a permit, the fire marshal may grant, ,deny, or grant with reasonable conditions, a permit for a public display of fireworks; provided, however, that any such permit shall only be issued for the discharge of fireworks between the hours of 9:00 a.m. and 11.00 p.m. (1) on the fourth of July for Fourth of July ceremonies;of (2) for high school events of a state certified public or private high school; provided, that such events are officially sanctioned by the governing bodv of such high schoolhemeeeming games; or i (3) for wedding ceremonies. The issuance of a permit for a public display of fireworks for a time or purpose different than stated herein is not permitted unless approved by the city council following consideration of the review, investigation and recommendation of the fire marshal. For-p+HVeses of 4his section, "sshc al" fneans a state eerH€ed publie ems. to high school. Sec. 13.05.040. Reckless discharge or use of fireworks. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of other. j 3 Fireworks—Public Displays and High Fire Danger Sec. 13.05.050 Penalty. Any person violating the provisions of KCC 13.05 010, 13.05.020, and 13.05.030 shall be guilty of a misdemeanor, and shall be punished by imprisonment not to exceed ninety (90) days and a fine not to exceed one thousand dollars ($1,000). Any person violating the provisions of KCC 13.05 040 shall be guilty of a gross misdemeanor and shall be punished by imprisonment not to exceed one (1) year and a fine not to exceed five thousand dollars ($5,000). A person is guilty of a separate offense for each day during which he or she commits, continues or permits a violation of the provisions of this chapter. Sec. 13.05.060. Ban authority due to fire danger. A. The city of Kent recognizes the unique risk that exists when the discharge of fireworks is combined with a high fire danger. Under such conditions, the city has determined that it is in the interests of the public health, safety, and welfare to establish an emergency procedure for banning fireworks when the risk of fire is high. B. The fire marshal has the authority to ban the sale, use, and/or discharge of fireworks within the city limits of Kent in the event the risk of fire in King ounty or the city of Kent has been determined by the Washington State Department of Natural Resources ("DNR''), or a qualified DNR official, to be "very higivextreme" or otherwise at the highest fire danger level. C. At each location at which fireworks are sold, the vendor shall post a notice of at least eight inches by ten inches in size that shall contain the language set forth in subsection B of this section. Such notice shall be posted in such a manner that it is clearly visible to those who purchase fireworks. SECTION Z — Severabihty If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision i 4 Fireworks—Public Displays and High Fire Danger r 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 Although this ordinance will take effect thirty (30) days from and after its passage, Kent City Code section 13.05 060 shall not r become enforceable until one (1) year from and after the date of passage of this ordinance as provided by Iaw. r JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK I APPROVED AS TO FORM: r TOM BRUBAKER, CITY ATTORNEY r r r r r r 5 Fireworks—Public Displays and IHigh Fire Danger r PASSED: day of June, 2005. APPROVED: day of June, 2005 PUBLISHED: day of June, 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 Knf90.gN.1NCEFvewha BwfveUuiyrGw 1 1 I 6 Fireworks—Public Displays and High Fire Danger r Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: FIRE STATION EXHAUST EXTRACTION SYSTEMS SOLE SOURCE PROCUREMENT — AUTHORIZE r 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with Air Exchange, Inc. for the amount of$84,277.88 plus Washington State Sales Tax to furnish the Plymovent vehicle exhaust extraction systems for Stations 72 and 76. Through a detailed evaluation effort and research of several other manufacturers, it was determined that the Plymovent system contains the essential exhaust extraction features required by the City. Moreover, the Plymovent system is exclusively used at Fire Stations 71, 73, 74, 75 and 77. The attached signed waiver is pursuant to Kent City Code 3.70,080 of the City's procedure ordinance as the City needs to purchase a vehicle exhaust extraction system at fire stations 74 and 76, and this is a limited single source condition. 3. EXHIBITS: Signed procurement waiver dated 3/5/04 and copy of agreement 4. RECOMMENDED BY: Public Safety 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: Councilmember moves, Councilmember seconds r DISCUSSION: ACTION: Council Agenda Item No. 6W 4 .�,.,» LAW DEPARTMENT Tom Brubaker,City Attorney Phone:2534L%4770 • Fax: 253-85"770 r KENT W A a X I MOT a M Address: 220 Fourth Avenue S. Kent,WA. 98032-5895 j MEMORANDUM DATE: March 5,2004 TO: Mayor Jim White 15 THROUGH: Mike Martin, Chief Administrative Ofter k ` • J°..Gk. iFROM: Tom Brubaker, City Attorney CC: John Hodason, Director of Parks,Recreation and Comm pity Services PLYA#Gj0!kW Procurement—Plymovent Vehicle Exhaust Ventilation System lities Superintendent is requesting a waiver, pursuant to Kent City 1 i ; procurement ordinance as the City needs for a vehicle exhaust Rations are limited to a single source. ycation of exhaust extraction systems, Plymovent Vehicle exhaust Aes the necessary features that the City requires. Currently, the 1 it Fire Stations 71 and 74. These systems were installed in 1999 ly. The Plymovent system is the only system that has an airtight u ist pipe,thus minimizing the amount of diesel exhaust fumes in the are, the Plymovent system's airtight seal, allows for engine pump PM Hansa the bys of the stations. Additionally, by installing the Plymovent ANbxhar%16L ble to standardize the systems thereby greatly assisting in the tlq sm A1erM Arwr. fm Maw,CA 01066 XQ)a10-MU cd(A!4844IM ms are installed by lndust ial Air Systems, Inc. industrial Air F=i6M V1-2W "mx&*%AO dhorized representative to sell and install Plymovent Exhaust lYslerm for the West Coast. Therefore,because the Plymovent Exhaust Systems are limited to a single source and are the only exhaust systems that Incorporate the features most desl red by the City, Facilities Management is requesting a waiver of the City's procurement policy and authorization to enter into a contract with Inc. for the purchase and Installation of the Plymovent Vehicle Exhaust System for the City's Fire Stations and that you, the Mayor, are authorized to enter Into a contract with Industrial Air Systems, Inc. for the ' purchase and installation of a Plymovent Vehicle Exhaust System. r If you agree with this memorandum and ttress findings, please indicate r approval by signing below. -73, 611 diM I , M&r 44 1 r r KENT WwaniuOro. ' PUBLIC WORKS AGREEMENT between City of Kent and r Air Exchange, Inc. 1 THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"),and Air Exchange, Inc. organized under the laws of the State of Califomia, located and doing business at 1185 San Mateo Ave. San Bruno, Ca. 94066 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Plymovent System for Station 72 and Station 76 for air cleaning system. Air Exchange, Inc. will provide and install for Station 72 located at 25620 140'h SE and Station 76 located at 20676 72nd Ave S. in the City of Kent in accordance with the quote dated May 4, 2005,which is attached and incorporated as Exhibit A. r r Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I within sixty(60)days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Eighty-four thousand two hundred seventy-seven dollars and eighty-eight cents ($84,277.88), plus any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. rA. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of PUBLIC WORKS AGREEMENT- 1 (Over$/OY, under$50K, and Performance Bond) Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor& Industnes and until settlement of any bens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60 28.011(4)(a),unless otherwise instructed by the Contractor. ' C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without the City's wntten approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City ' may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause"shall include,without limitation, any one or more of the following events* A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws,rules or regulations. rE. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement, PUBLIC WORKS AGREEMENT-2 (Over$10K, under 350K, and Performance Bond) If the City terminates this Agreement for good cause,the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is ' necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate I acceptance, or(3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs o f delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims,or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement At a minimum, a Contractor's written claim shall include the information set forth in subsections A, ' items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY PUBLIC WORKS AGREEMENT-3 (Over$1 OK, under$50K, and Perfornionce Bond) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if ' the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result ' of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one- year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one(1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City PUBLIC WORKS AGREEMENT-4 (Over S10K, under$SOK, and Performance Bond) r may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf 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. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of rthis Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to ravoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, ' then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor 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 r INDEMNIFICATION 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 Agreement. ` XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by tlus reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. r r r PUBLIC WORKS AGREEMENT-5 r (over$1OK, under$50K, and Performance Bond) ' XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference maybe available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement ' in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing_Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; rop vided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section ' XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of marling by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms ' of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. PUBLIC WORKS AGREEMENT-6 (Over$10K, under S50K, and Performance Bond) ' H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. ' IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: T By: 15 natu a (signature) Print Name: Print Name: Jim White 44 Its li Its Mayor (Tide) 7 (7de) DATE. Gj— �/—a�'—� DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: tPhil Herrera Mike Hattrup,Project Coordinator Air Exchange, Inc. City of Kent 1185 San Mateo Ave. 220 Fourth Avenue South San Bruno, Ca. 94066 Kent,WA 98032 ' (206)484-7179 (telephone) (253) 856-5082(telephone) (650)871-2948 (facsimile) (253) 856-6080 (facsimile) ' APPROVED AS TO FORM: iKent City Attorney AirExchnagetnc Station 77176 PUBLIC WORKS AGREEMENT-7 (Over$1OK, under$50K, and Performance Bond) ' DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY ' The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of ' contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color, national origin,age, or the presence of all sensory,mental or physical disability. ' 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. ' 4. During the time of the Agreement I,the prime contractor,will actively consider hiring and promotion of women and minorities ' 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. ' By signing below, I agree to fulfill the five requirements referenced above. Dated this G/ day of 200� By: For: a rr f G,�k �,� P Tyr c • / Title: Date: EEO COMPLIANCE DOCUMENTS- t CITY OF IMNT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 ' SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year,must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. ' 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and ' equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. ' 1. Ensunng that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. fI declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of ,200_ e By. For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 PROPOSAL Page 1 of 1 AIR EXCHANGE, INC. The Clean Air Specialists 1185 San Mateo Avenue Phone 650-871-2945 206.484-7179 San Bruno,CA 94066 Fax- 650-871-2948 Proposal submitted to Kent Fire Dept. Phone 253-8564402 Date 3/15/2005 Street Application Engineer Phil City,State and Zip Code Kent Job Location Station 76172 Fax Customer Representative Mike Hatrrp Tide Job Phone We hereby submit estimate for our AIR CLEANING SYSTEM in accordance with the following Station 76 One complete system consisting of(1)STRA-801,(3)SBTA-21b,(1)VSRA-20 $ 51,039.00 w/motor, controller and all hardware necessary for installation of a turn key system. Station 72 One complete system consisting of(1)STRA-601 with motor,controller and all $ 24,504 00 hardware necessary for installation of a turn key system See attached individual station quotes for product details and exclusions. Bond $ 2,300.00 Material Subtotal, $ 77,843 00 Exclusions and notes: 0.088 Sales Tax $ 6,85018 TOTAL: S 84,693.18 Total with WSST and Performance Bond Delivery of system will be within 4 to 5 weeks of proposal acceptance Payment to be made as follows. Equipment due on delivery, balance due on completion of mechanical installation All material is guaranteed to be as specified All work to be completed Authorized Signature: In a workmanlike manner according to standard practices Any RICHARD F.BERTANI alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate All agreements contingent upon strikes, accidents or delays beyond our control Owner to carry fire,tornado, Note This proposal maybe with-drawn by us and other necessary insurance Our workers are fully covered by If not accepted within 45 days. Workman's compensation Insurance. ACCEPTANCE OF PROPOSAL and TERMS AND SIGNATURE: CONDITIONS. (Pages 1 and 2,inclusively)The above prices, specifications and Terms and Conditions are satisfactory and are hereby accepted You are authorized to do the work as specified By signing where indicated,you,as agent for the DATE OF organization proposed,hereby authorized Air Exchange,Inc tcACCEPTANCE: Perform the work as specified on Page 1 of 2 of this proposal and agree and accept the Terms and Conditions(Page 2 of 2) of this proposal Payment will be made as outlined above PROPOSAL Page 1 of 1 AIR EXCHANGE, INC. The Clean Air Specialists 1185 San Mateo Avenue Phone: 65M71-2945 206-484-7179 San Bruno,CA 94066 Fax 650-871-2948 Proposal submitted to Kent Fire Dept Phone 253-856-4402 Date 3/15/2005 Street Application Engineer Phi City,State and Zip Code Kent Job Location Station 76 20676 72nd Ave S. Fax Customer Representative Mike Hatrip Title Job Phone We hereby submit estimate for our AIR CLEANING SYSTEM in accordance with the following: One (1) Plymovent Stra 801 straight rail system,wl Hose pak#1,end shock $ 14,619 00 Three(3) Plymovent SBTA-21 B sliding balancer track system $ 11,880.00 One (1) Plymovent VSPA-20 vertical stack rail system $ 4,68800 One (1) Plymovent almag non sparking fan wl 10hp,208-240v 3ph TEFC motor, 67001 OU $ 2,86900 One (1) Plymovent control panel,UL listed w1 pressure sensors,OS3-706047 $ 1,468.00 Ductwork, installation hardware and miscellaneous parts $ 5,10800 Material Subtotal: $ 40,632 00 Exclusions and notes: 8.800% Sales Tax $ 4,491.43 Electrical Hookup- $ 2,00000 Electrical hook-up not Included, unless noted Tailpipe Modification(3) $ - Roof Jack installation not Included Lifts&Other Expenses. $ 40000 Painting of any kind not Included Freight: $ 80700 Permit fees of any kind not included Installation Labor. $ 7,200 00 Special drawings not included TOTAL: $ 51,039.00 $ 55,530.43 Performance bond add 3% 0.03 $ 1,665.91 Total with WSST and Performance Bond $ 57,196 34 Delivery of system will be within 4 to 5 weeks of proposal acceptance. Payment to be made as follows: E ui meni due on delivery, balance due on completion of mechanical installation All material is guaranteed to be as specified All work to be completed Authorized Signature: in a workmanlike manner according to standard practices Any RICHARD F. BERTANI alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate All agreements contingent upon strikes, accidents or delays beyond our control Owner to carry fire,tornado, Note This proposal maybe withdrawn by us and other necessary insurance Our workers are fully covered by if not accepted within 45 days. Workman's compensation Insurance ACCEPTANCE OF PROPOSAL and TERMS AND SIGNATURE: CONDITIONS. (Pages 1 and 2,inclusively)The above prices, specifications and Terms and Conditions are satisfactory and are hereby accepted You are authorized to do the work as specified By signing where indicated,you,as agent for the DATE OF organization proposed,hereby authorized Air Exchange,Inc toACCEPTANCE: perform the work as specified on Page 1 of 2 of this proposal and agree and accept the Terms and Conditions(Page 2 of 2) of this proposal Payment will be made as outlined above PROPOSAL Page ? of f AIR EXCHANGE, INC. The Clean Air Specialists 1185 San Mateo Avenue Phone 650-871-2945 206-484-7179 San Bruno,CA 94066 Fax 650-871-2948 Proposal submitted to, Kent Fire Dept. Phone 253-856-4402 Date 3/15/2005 Street Application Engineer Phil City,State and Zip Code Kent Job Location Station 72 25620 140th Ave.SE Kent,WA Fax Customer Representative Mike Hatrip, ITitle Job Phone We hereby submit estimate for our AIR CLEANING SYSTEM in accordance with the following- One(1) Plymovent Stra 601 straight rail system,w/Hose pak#1,end shock $ 11,975.00 One(1) Plymovent almag non sparking fan wl 5hp,208-240v 3ph TEFC motor,670005U $ 2,52800 One(1) Plymovent control panel,UL listed wl pressure sensors,OS3-706047 $ 1,37600 Ductwork, installation hardware and miscellaneous parts $ 2,29800 Material Subtotal: $ 18,177 00 Exclusions and notes: 8 800% Sales Tax $ 2,15635 Electrical Hookup: $ 1,80000 Electrical hook-up not included,unless noted Tailpipe Modification(4) $ Roof Jack installation not included Lifts&Other Expenses' $ 30000 Painting of any kind not included Freight. $ 627.00 Permit fees of any kind not included Installation Labor: $ 3,600.00 Special drawings not included TOTAL: $ 24,504.00 total with sales tax $ 26,660.35 Perfomance bond add 3% 0.03 $ 79981 Total with WSST and Performance Bond $ 27,460.16 Delivery of system will be within 4 to 5 weeks of proposal acceptance Payment to be made as follows: Equipment due on delivery, balance due on completion of mechanical installation All material is guaranteed to be as specified All work to be completed Authorized Sig nature: in a workmanlike manner according to standard practices Any RICHARD F BERTANI alteration or deviation from above specifications involving extra costs VAN be executed only upon written orders,and will become an extra charge over and above the estimate All agreements contingent upon strikes, accidents or delays beyond our control Owner to carry fire,tornado, Note This proposal maybe with-drawn by us and other necessary insurance Our workers are fully covered by if not accepted within 45 days IWorkman's compensation Insurance. ACCEPTANCE OF PROPOSAL and TERMS AND SIGNATURE: CONDITIONS. (Pages 1 and 2,inclusively)The above prices, specifications and Terms and Conditions are satisfactory and are hereby accepted You are authorized to do the work as specified 6y signing where Indicated,you,as agent for the DATE OF organization proposed,hereby authorized Air Exchange,Inc toACCEPTANCE: perform the work as specified on Page 1 of 2 of this proposal and agree and accept the Terms and Conditions(Page 2 of 2) of this ro osal Payment will be made as outlined above 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. iA. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations,independent contractors,products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion,collapse or underground property damage.The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 2010 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iB. 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. I 1 EXHIBIT B (Continued ) C. Other Insurance Provisions i The insurance policies are to contain,or be endorsed to contain, the following provisions ■ for Automobile Liability and Commercial General Liability insurance: I 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance,or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30)days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies(except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors I Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. PROPOSAL Page 1 of i AIR EXCHANGE, INC. The Clean Air Specialists 1185 San Mateo Avenue Phone 650-871-2945 206-484-7179 San Bruno CA 94066 Fax 650-871-2948 Proposal submitted to City of Kent 1 Kent Fire Dept Phone 253-856-4402 Date 5111)2005 iStreet 320 4th AVE South Application Engineer Phil ■ City,State and Zip Code Kent,WA 98032 lJob Location Station 76/72 Fax Customer Representative Mike Hatnp Title Job Phone We hereby submit estimate for our AIR CLEANING SYSTEM in accordance with the following Station 76 One complete system consisting of(2)STRA-801,(2)SBTA-21b, $ 58,974.07 w/motor, controller and all hardware necessary for installation of a turn key system Station 72 One complete system consisting of(1)STRA-601 with motor,controller and all $ 25,303 81 hardware necessary for installation of a turn key system See attached individual station quotes for product details and exclusions. Material Subtotal: $ 84,277 88 Exclusions and notes- 0 088 Sales Tax $ 7,41645 TOTAL: $ 91,694.33 Total with WSST Delivery of system will be within 4 to 5 weeks of proposal acceptance Payment to be made as follows E ui rnent due on deliver36 balance due on coin fetlon of mechanical installation All material is guaranteed to be as specified All work to be completed Authorized Signature: in a workmanlike manner according to standard practices Any RICHARD F.BERTANI alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate All agreements contingent upon strikes, accidents or delays beyond our control Owner to carry fire,tornado, Note This proposal may be with-drawn by us and other necessary insurance Our workers are fully covered by if not accepted within 45 days. Workman's compensation Insurance .w c ACCEPTANCE OF PROPOSAL and TERMS AND SIGNATURE CONDITIONS. (Pages 1 and 2, inclusively )The above prices, specifications and Terms and Conditions are satisfactory and are hereby accepted You are authorized to do the work as specified By signing where indicated,you,as agent for the DATE OF � organization proposed, hereby authorized Air Exchange, Inc toACCEPTANCE perform the work as specified on Page 1 of 2 of this proposal and agree and accept the Terms and Conditions(Page 2 of 2) of this proposal Payment will be made as outlined above i PROPOSAL Page 1 of 1 AIR EXCHANGE, INC. The Clean Air Specialists 1185 San Mateo Avenue Phone 650-871-2945 206-484-7179 San Bruno, CA 94066 Fax 650-871-2948 Proposal submitted to City of Kent/Kent Fire Dept Phone 253-856-4402 Date 5/11/2005 - Street 320 4th AVE South Application Engareer Phil City,State and Zip Code Kent,WA 98032 lJob Location Station 72 25620 140th Ave.SE Kent,WA TFax Customer Representative Mike Hatnp, TRIe Job Phone We hereby submit estimate for our AIR CLEANING SYSTEM in accordance with the following One(1) Plymovent Stra 601 straight rail system,w/Hose pak#1,end shock $ 11,975 00 One(1) Plymovent almag non sparking fan w/5hp,208-240v 3ph TEFC motor,670005U $ 2,52800 One(1) Plymovent control panel,UL listed w/pressure sensors,OS3-706047 $ 1,37600 Ductwork, installation hardware and miscellaneous parts $ 3,09781 Material Subtotal $ 18,976 81 Exclusions and notes: 8 800% Sales Tax $ 2,22674 Electrical Hookup $ 1,80000 Electrical hook-up not included,unless noted Tailpipe Modification (4): $ Roof Jack installation not included Lifts&Other Expenses $ 30000 Painting of any kind not included Freight $ 62700 Permit fees of any kind not included Installation Labor, $ 3,600,00 Special drawings not included TOTAL: $ 26,303.81 total with sales tax $ 27,530.55 Perfomance bond provided Delivery of system will be within 4 to 5 weeks of proposal acceptance Payment to be made as follows Equipment due on delivery, balance due on completion of mechanical installation All material is guaranteed to be as specified AN work to be completed Authorized Signature: in a workmanlike manner according to standard practices Any RICHARD F BERTANI alteration or deviation from above specifications involving extra costs will be executed only upon wrdten orders,and will become an extra charge over and above the estimate All agreements contingent upon strikes, accidents or delays beyond our control Owner to carry fire,tornado, Note This proposal may be with-drawn by us and other necessary insurance Our workers are fully covered by d not accepted within 45 days Workman's compensation Insurance ACCEPTANCE OF PROPOSAL and TERMS AND SIGNATURE CONDITIONS (Pages 1 and 2,inclusively)The above prices, specifications and Terms and Conditions are satisfactory and are hereby accepted You are authorized to do the work as specified By signing where indicated,you,as agentfor the DATE OF organization proposed, hereby authorized Air Exchange, Inc tdaccEPTANCE• perform the work as specified on Page 1 of 2 of this proposal and agree and accept the Terms and Conditions(Page 2 of 2) of this rolposal Payment will be made as outlined above PROPOSAL Page ? of 1 AIR EXCHANGE, INC. The Clean Air Specialists 1185 San Mateo Avenue Phone 650-871-2945 206-484-7179 San Bruno, CA 94066 Fax 650-871-2948 Proposal submitted to City of Kent/Kent Fire Dept Phone 253-856-4402 Date 5/4/2005 F Street 320 4th AVE South Application Engineer Phil City,State and Zip Code Kent,WA 98032 Job Location Station 76 20676 72nd Ave S. Fax Customer Representative Mike Hatnp Title Job Phone, We hereby submit estimate for our AIR CLEANING SYSTEM in accordance with the following TWo(2) Plymovent Stra 801 straight rad system,w/Hose pak#1,end shock $ 29,238 00 Two(2) Plymovent SBTA-21 B sliding balancer track system $ 7,92000 $ One(1) Plymovent almag non sparking fan w/7 5hp, 208-240v 3ph TEFC motor,67001OU $ 2,86900 One(1) Plymovent control panel,UL listed w/pressure sensors, OS3-706047 $ 1,46800 Ductwork,installation hardware and miscellaneous parts $ 6,97207 Material Subtotal $ 48,467 07 Exclusions and notes: 8.800% Sales Tax $ 5,18972 Electrical Hookup. $ 2,00000 Electrical hook-up not included,unless noted Tailpipe Modification(3) $ - Roof Jack Installation not mcluded Lifts& Other Expenses $ 50000 Painting of any kind not included Freight $ 80700 Permit fees of any kind not included Installation Labor $ 7,200 00 Special drawings not included TOTAL: $ 68,974.07 total with sales tax $ 64,163.79 Performance bond provided Delivery of system will be within 4 to 5 weeks of proposal acceptance Payment to be made as follows Equipment due on delivery, balance due on coin lehon of mechanical installation All material is guaranteed to be as specified All work to be completed Authorized Signature: in a workmanlike manner according to standard practices Any RICHARD F BERTANI alteration or deviation from above specifications involving extra costs will i be executed only upon written orders,and will become an extra charge over and above the estimate All agreements contingent upon strikes, accidents or delays beyond our control Owner to carry fire,tornado, Note This proposal may be with-drawn by us and other necessary insurance Our workers are fully covered by if not accepted within 45 days Workman's compensation Insurance ACCEPTANCE OF PROPOSAL and TERMS AND SIGNATURE, CONDITIONS, (Pages 1 and 2,inclusively)The above prices, specifications and Terms and Conditions are satisfactory and are hereby accepted You are authorized to do the work as specified By signing where indicated,you,as agent for the DATE OF organization proposed, hereby authorized Air Exchange, Inc toACCEPTANCE perform the work as specified on Page 1 of 2 of this proposal and agree and accept the Terms and Conditions(Page 2 of 2) of this proposal Payment will be made as outlined above Kent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: FIREWORKS DISPLAY PERMITS —AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Fire Department to issue fireworks display permits for two separate activities, based upon their review and investigation of the events The first event is a wedding ceremony scheduled for June 11`h for the residence located at 4408 South 272"d Street This will be a traditional Asian American wedding celebration which will include firecrackers. The second event is for the Washington State Patrol/Fire Marshal kick off for the 4ch of July sales period at the Kent Fire Training Center. This will be a high visibility media event which will include low proximity fireworks. As per Kent City Code 13.05 030 Public display of Fireworks - The fire marshal is authorized, pursuant to RCW 70 77.280, to issue a permit for a public display of fireworks After review and investigation of an application for a permit, the fire marshal may grant, deny or grant with reasonable conditions a permit for a public display of fireworks, provided, however, that any such permit shall only be issued for the discharge of fireworks: (1) on the fourth of July for fourth of July ceremonies; or(2) for high school homecoming games The issuance of a permit for a public display of fireworks for a time or purpose different than stated herein is not permitted unless approved by the city council following consideration of the review, investigation and recommendation of the fire marshal. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Safety Committee 5/19/05 I (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. 6X i LKent City Council Meeting Date June 7, 2005 Category Consent Calendar 1. SUBJECT: SURPLUS AND DONATE ENGINE/AID UNIT—AUTHORIZE 2. SUMMARY STATEMENT: Authorization to surplus one (1) 1989 Pierce engine/aid unit(VIN#040806)that has exceeded its expected performance. This apparatus has over 117, 888 actual miles on its odometer (according to the engine hours of 9,008 this equates to 454,400 miles). This apparatus is currently utilized in a reserve status. We currently have adequate reserve engines that will be maintained to meet the department's foreseeable needs. If this vehicle is to be kept and brought back into not only response readiness, but also to our mechanical maintenance standards, a considerable amount of repair/maintenance work would need to be done. The repair/maintenance issues are expected due to the age of the vehicle. fiAuthority is also being requested to donate this unit to the El Grullo Sister City Committee. In 2003 House Bill 1494 was enacted which authorized municipality or political subdivisions to sell, transfer, exchange, lease, or otherwise dispose of personal property, except weapons, to a foreign entity. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Safety Committee 5119/05 (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. 6Y Kent City Council Meeting Date June 7, 2005 Category Other Business 1. SUBJECT: EAGLE CREEK PARK EASEMENT—APPROVE 2. SUMMARY STATEMENT: Soos Creek Water and Sewer District requires an agreement for Easement for the sanitary sewer line and appurtenances through Eagle Creek Park, located at 13636 SE 282nd Street in Kent to serve the adjacent subdivision. This item appeared on the Public Works Committee meeting on June 6. Staff is available to answer any questions. 1 1 3. EXHIBITS: Copy of agreement for easement 4. RECOMMENDED BY: Public Works Commission (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: f Councilmember moves, Councilmember seconds authorize the �' Mayor to sign the agreement for Easement with Soos Creek Water and Y g Sewer District for Eagle Creek Park. DISCUSSION: KZ ACTION: Council Agenda Item No. 7A I Filed for Record at the request of SODS CREEK WATER AND SEWER DISTRICT P.O. Box 58039 14616 S E. 192nd Street Renton, WA 98058 Easement No : 34-22-5-S1069 1 Project: Eagle Creek Tax Parcel ID#: 342205-9187 Grantor(s): City of Kent 220 Fourth Ave S Kent, Washington 98032 Grantee: SODS CREEK WATER AND SEWER DISTRICT AGREEMENT FOR EASEMENT THIS AGREEMENT, made this day of 2005,by and between SOOS CREEK WATER AND SEWER DISTRICT, a municipal corporation of King County, IWashington, hereinafter termed the "District', and THE CITY OF KENT, hereinafter termed "Grantor(s)", WHEREAS, Grantor(s)is/are the owners)of land at approximately 13636 SE 282"d Street, Kent, Washington, legally described as follows: A tract of land being a portion of Lot "B", City of Kent Lot Line Adjustment No. LL- 96-3, recorded under King County Recording No 9603151046. Said Lot Line Adjustment being a reconfiguration of Lots 2 and 3, King County Short Plat No. 377084, recorded under King County Recording No. 7710280712. Said Short Plat being a subdivision of the North 5/8 of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 5 East, Willamette Meridian in King County, Washington, and being more particularly described as follows F W04101010Easements\kentoHsdeesrm S1069041905 emd dK Pagel of 04/2V05 Easement No. 34-22-5-S1069 COMMENCING at the Southwest corner of said Lot B City of Kent Lot Line Adjustment No LL-96-3; Thence South 890 25' 00" East along the South line of said Lot"B" a distance of 259 96 feet to the POINT OF BEGINNING; Thence North 05' 42' 48" West, a distance 26 82 feet; Thence North 36' 49' 13" West a distance of 130 63 feet to the beginning of a curve concave to the South, whose radius point bears South 190 27' 11" East, 72.00 feet distant, Thence along the arc of said curve, through a central angle of 20' 27' 25", a distance. of 25.71 feet; Thence South 88' 59' 46" East, a distance of 139 97 feet to the beginning of a curve concave to the Northwest, having a radius of 85.00 feet; Thence along the arc of said curve through a central angle of 47' 34' 11" a distance of 70.57 feet to the a point of cusp; Thence southerly along a concave to the East, whose radius point bears South 67' 30' 57" East 100.00 feet distant; Thence along the arc of said curve through a central angle of 52' 13' 51" a distance of 91.16 feet Thence South 29' 44' 41" East a distance of 34.83 feet; Thence South 16' 21' 49" West, a distance of 44.77 feet to a point on the South line of said Lot B; Thence North 89' 25' 00"West, a distance of 157.70 feet to the POINT OF BEGINNING. WHEREAS, the District requires an easement for(check those that apply) ® Sanitary sewer line and appurtenances ❑ Water main and appurtenances across Grantor's property at a location more specifically described herein below; and i WHEREAS, Grantor has title to said real property and is authorized to grant and convey this easement to the District. NOW, THEREFORE, in consideration of the sum of One Dollar($1.00), and other good and valuable consideration in hand paid, receipt of which is hereby acknowledged, and in consideration of the performance by the District of the covenants, terms and conditions hereinafter set forth, Grantor hereby grants, conveys and quitclaims to the District the following easement: That portion of the above-described real property further described as follows: F�OWCD I 014,Eas.menls%enl Owe esml S1069041905 emd dot Page 2 of 6 0412M5 Easement No. 34-22-5-S1069 A 10 00 wide strip of land lying 5 00 feet on each side of the following described centerline: Commencing at the point of cusp, of the previously described portion of Lot B, Thence southwesterly,along the arc of said 85.00 foot curve, concave to the North, through a central angle of 12' 41' 06" an arc distance of 18.82 feet. To the Point of Beginning of said centerline description; Thence South 030 24' 06" East, a distance of 149.03 feet to a point on the South line of said portion of Lot B and the terminus of this centerline description. The sidelines of said centerline to be lengthened or shortened as to terminate to the North along the are of said 85 00 curve and to the South along the South line of said Lot B. _ t t. DISTRICTS USE OF PROPERTY. Said easement is for the purpose of installing, constructing, operating, inspecting, maintaining, removing, repairing, replacing and using gravity and pressure sanitary sewer mains, manholes and/or water lines and appurtenances thereto including all valves and fire hydrants(the"facilities"),together with the nonexclusive right of ingress to and egress from said portion of Grantor's property for the foregoing purposes 2. USE OF PROPERTY BY GRANTOR. Grantor shall retain the right to use the surface of the easement if such use does not interfere with installation or maintenance of the facilities. Grantor shall not erect buildings or structures of a permanent nature, shall not install any other improvements including trees,large shrubbery,or fences, and shall not change surface grades, except as approved in advance by the District, in any manner which would unreasonably interfere with ingress, egress and access by the District for installation and/or normal maintenance of the facilities. Such buildings, structures or improvements will be deemed an encroachment upon the District's rights, and Grantor shall be obligated to remove such encroachments at Grantors expense. Further,the provisions of Paragraph 4 hereof as to restoration shall not apply to any such encroachments in the easement area. Provided, however,that fences may be constructed which provide gate or other access approved in advance by the District. 3. RESTORATION AFTER ORIGINAL CONSTRUCTION. For original construction, Grantor's property will be restored to a condition as good as or better than it was prior to the entry by the District. Where possible, photographs will be taken prior to construction to assure the completeness of restoration. Final restoration shall include, as appropriate, sod replacement in existing lawns, hydro-seeding in unimproved areas, and replanting or replacement of existing shrubs and bushes,where such will not unreasonably interfere with the District's use of the easement Fences, rockeries, and concrete,asphalt and/or gravel driveways which do not unreasonably interfere with the District's use of the easement will be repaired or replaced. Large trees that exist within the easement area F1000410/0141Easem t5Xken1oHseeesmt31069041905e ddm Page 3 of 6 04121105 Easement No. 34-22-5-S1069 may be permanently removed during original construction unless otherwise noted in this easement document. 4. RESTORATION AFTER MAINTENANCE. If Grantor's property is disturbed by the maintenance, removal, repair, or replacement of the facilities, the District shall restore the easement area to a condition as good as or better than it was prior to entry for such purpose by the District. 5. ATTORNEY'S FEES. In case suit or action is commenced by either party,or their successors and/or assigns,to enforce any rights under this easement,or regarding an encroachment on the easement, in addition to costs provided by statute, the substantially prevailing party shall be entitled to an award of attorney's fees in such sum as the Court may adjudge just and reasonable. 6. EASEMENT TO BIND SUCCESSORS. This easement is permanent and shall terminate only upon agreement of the parties hereto,their successors and/or assigns. This easement, during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the parties hereto. 7. EXEMPTION FROM EXCISE TAX The District is a municipal corporation with powers of eminent domain This easement is granted for a public purpose The District shall hold Grantor harmless from the imposition or payment of any excisetax based upon the conveyance of this easement. F 10004101014\Eases nlsUmnl aftle e"S1069041905 emd dx Page 4 of 6 040ro5 r ` EASEMENT NO.34-22-5-Si069 I I 40 39 MR 1014-12 I I — m l001 16 25 • 2s 41 15'PERM ESMT 38 17 -#II W 42 25 25' W 1 r 1 - ,D I > P 43 a I 37 11 W I I— I 36 Q 44 _II H 1014-14 I .— r nl j co I 45 I 35 M TRACT B I MR 1014-19 I (STORM DETENTI01 S 281 ST T s 1 34 I MR 1014-18 � MR tOt4-7 189 2o'PER E 18 __ 1 49 48 SMT 33 25 1'L zs 19 -1 47 46 F / $9 I I 32 MR 1014-5 — --- I I 1Z 20 25 1 25• SE 2 1ST C MR 1014-6 I 25 26 27 28 29 30 31 1 E% 1 (Aenn 1 21 � MR 1014-4 `+22 r � \ i MR 1014-1 {/V MR 1014-2 SE 281 ST PL ' 1 ' / 23 / (NOT A PART s•TVP / OF PLAT) MH 1014-3 10 PERM ESMT QUITCLAIM TO CITY OF KENT s o49 03 E �j REC NO 20050224002534 � 149 03 4-22-5 � 51069 24 1 OFFSITE 1 I ' 100 wEReND TR 'G' I SE 282ND ST. ---�'--------- I 1------------------------- � 57a' 5' EX MR 788-3 EX MH 1 , 1 �I is9 I i is7 L i tEAGLE CREEK-OFFSITE EASEMENT NO 34-22-5-51069 FILE F \0004\01D14\DWCS\ESMT PAGE 6 OF 6 Kent City Council Meeting Date June 7, 2005 Category Other Business 1. SUBJECT: INTERLOCAL AGREEMENT WITH KING COUNTY FOR MAINTENANCE AND CONSTRUCTION FOR. GRADING AT EAST HILL SKATE PARK; S. 228TH STREET CORRIDOR MITIGATION GRADING; AND GARRISON CREEK-AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an amendment to the King County interagency agreement, which Council approved on March 15, 2005; to include the following projects: Garrison Creek Channel Restoration, 2281h/224`h Corridor— Wetland Mitigation, East Hill Skate Park Rough Grade and Fill and Pacific Highway South Wetland Mitigation. a wi e available to answer any questions.-- 3. EXHIBITS: Public Works Memorandum and Amendments 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember Useconds j to authorize the Mayor to sign an amendment to the King County Interagency � agreement approved on March 15, 2005. c� v,L; ,�. �C/a ; rC�.4-C4 - DISCUSSION: ACTION: M,cr Council Agenda Item No. 7B PUBLIC WORKS wEPARTMENT Larry R Blanchard. Public Works Director Phone 253-H6-55nn0.0Fax KENT WAS"I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 1, 2005 TO: Public Works Committee FROM: Larry Blanchard,Public Works Director SUBJECT: Amendment to King County Interagency Agreement for Maintenance and Construction Services MOTION Recommend authorizing an amendment to the King County interagency agreement approved on March 15, 2005 to include the following projects Garrison Creek Channel Restoration, 2281') / 224ih Corridor— Wetland Mitigation, East Hill Skate Park Rough Grade and Fill,and Pacific Highway South Wetland Mitigation SUMMARY: This amendment to the existing interagency agreement will allow the City of Kent to contract with the King County Road Services to perform work on the following four projects 1) Garrison Creek Channel Restoration -- Washington State Department of Transportation originally proposed replacing two culverts under the State Route 167 northbound off-ramp at S 212'h Street to solve the existing flooding issues However, after discussing the project with the City of Kent's Environmental Engineering Department, WA DOT awarded the City with a S300,000 grant to solve the flooding issues The City project design will enhance Garrison Creek while providing additional habitat features for fish and wildlife and constructing a defined floodplam through native plantings and woody structures The native plantings,woody structures and stream and floodplam grading will protect against flooding on the S.212t1i Street northbound off-ramp at SR 167 2) 228'h / 2241h Corridor - Wetland Mitigation — meets permit requirements related to roadway construction 1 94 acres of wetland were filled to complete the S 228th Street roadway approach to the Green River The U S Army Corps of Engineers permit requires wetland mitigation that includes earthwork and planting on three different sites located in Kent the Birk property off of S 260th Street near Pacific Highway South,the Donofrio Property off of S 216th Street, and the Russell Road site adjacent to the future S 228th Street roadway — see attached map A fourth site shown on the map, the Riverview PUD wetlands, will be Mayor White and Kent City Council 1 4 planted as part of a separate cans action phase cf the project King County is prepared to grade the Birk, Donofrio and Russell Road sites immediately iiiiiCdJing approval or this amendment 3) East Hill Skate Park Rough Grade and Fill — earthwork to prepare the East Hill Skate Park site for concrete and other appurtenances King County's work would be limited to rough grading, the other improvements will be completed at a later date under a separate contract 4) Pacific Highway South Wetland Mitigation — This project would fulfill requirements of a Corps of Engineers permit related to the widening of Pac Hwy The mitigation site is located on the Birk property, near Pac. Hwy, off of 25th Ave South i BUDGET IMPACT: No unbudgeted fiscal J personnel impact 1) The Garrison Creek Channel Restoration cost is $99,989,and will be paid through a grant secured from the Washington Department of Transportation 2) Projected savings associated with the use of King Coun, Crews to complete the wetland mitigation grading are estimated to be $29,748 The savings will be applied to construction of the remaining wetland mitigation work. 3) Cost to Parks are estimated at$49,974 and is part of the overall budget from the project. 4) Estimated savings to the Pacific Highway South project using King County to complete its grading work are$32,129 BACKGROUND: The King County Council and Kent City Council have passed an interagency agreement allowing the King County Road Services Division to perform maintenance and other services for Kent The King County Road Services Division has available staff to complete work that the City of Kent could perform on its own,however,the City has already programmed its workload for the 2005 construction season Use of King County crews to supplement City of Kent crews will allow the City to complete these small projects within the 2005 construction season and with the lowest cost King County Road Services crews are experienced in these types of projects and can complete them within the 2005 construction season Mayor White and Kent City Council 2 INTERAGENCY AGREEMENT BETWEEN THE CITY OF KENT AND KING COUNTY FOR WORK TO BE PERFORMED BY KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made between the City of Kent ("Kent") and King County ("County") in accordance with the Interlocal Agreement executed by the parties on .lay 31, 2005, for the provision of services by the Knig County Road Services Division I. DESCRIPTION OF WORK. In accordance with the provisions of the above-referenced Interlocal Agreement, the County shall perform the following services for Kent in accordance with the following described plans and/or specifications. Provide labor, materials and equipment necessary to rough grade for wetland mitigation work related to the Pacific Highway South profcct The wetland mitigation work will be performed in Kent, Washington at a site known as the Birk property, located on 25th Ave S , south of S 260th Street Work completed by King County is described on the County's proposal dated 5/17/05 attached and incorporated as Exhibit A County further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. H. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement Upon the effective date of this Agreement, the County shall complete the work described in Section I within sixty(60) days III. COMPENSATION. A Kent shall pay the County, based on time and materials, an amount not to exceed Twenty-One Thousand, Two Hundred Eighty-Nine Dollars and 80l100ths ($21,289,80) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of Kent in the form of a negotiated and executed supplemental agreement The County agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one(1) year from the effective date of this Agreement The County's billing rates shall be as delineated in Exhibit A B The County shall submit monthly payment invoices to Kent for work performed, and a final bill upon completion of all services described in this Agreement Kent shall provide payment within thirty (30) days of receipt of an invoice If Kent objects to all or any portion of an invoice, it shall notify the County and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the County has the ability to control and direct the performance and details of its work, Kent being interested only in the results obtained under this Agreement East Hill Skate Park 1 of 4 V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party written notice at its address set forth on the signature block of this Agreement by April 1 of the preceding calendar year in accordance with the provisions of the parties' imerlocal Agreement. After termination, Kent may Lake possession of all records and data within the County's possession pertaining to this project, which may be used by Kent without restriction. If Kent's use of the County's records or data is not related to v_is project,it shall be without liability or legal exposure to the County VL INDEMNIFICATION. Washington State law shall govern the respective liabilities of the parties to this Agreement for any loss due to property damage or injury to persons arising out of activities conducted pursuant to This Agreement The provisions of this section shall survive the expiration or termination of this Agreement VII. INSURANCE. The County shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference VM. EXCHANGE OF INFORMATION. Kent will provide its best efforts to provide reasonable accuracy of any information supplied by it to the County for the purpose of completion of the work under this Agreement. IX. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of Kent All records submitted by Kent to the County will be safeguarded by the County The County shall make such data, documents, and files available to Kent upon Kent's request Kent's use or reuse of any of the documents, data and files created by the County for this project by anyone other than the County on any other project shall be without liability or legal exposure to the County X. KENT'S RIGHT OF INSPECTION. Even though the County is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of Kent and shall be subject to Kent's general right of inspection to secure satisfactory completion XI. WORK PERFORMED AT COUNTY'S RISK. The County shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at the County's own risk,and the County shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work XII. MISCELLANEOUS PROVISIONS. A Recyclable Materials Pursuant to Chapter 3 SO of the Kent City Code, Kent requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B Non-Waiver of Breach The failure of Kent to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options,and the same shall be and remain in full force and effect East Hill Skate Park 2 of 4 C Resolution of Disputes and GoverngLa_w. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, differencc or claim arising from the parties' performance of this Agreement, the exclusive means of reselvmg that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and]urisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In arty claim or lawsuit for damages ansmg from the parties' performance of this Agreement, each party shall pay all its legal costs and attotney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the Kent's right to indemnification under Section VI of this Agreement D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three(3)business days after the date of mailing by registered or certified marl, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may he hereafter specified m writing. E Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment,the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent F Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of Kent and the County G Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of Kent,and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H Compliance with Laws. The County agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to County's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. i East Hill Skate Park 3 of 4 IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. COUNTY: KENT: By By (signature) (signature) Print Name Jepy Tracy Print Name Jim White Its Road Maintenance Supervisor Its Mayor (late) (Tale) DATE: DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Jerry Tracy,Road Maintenance Supervisor Mark Howlett,Engineering Supervisor MS RSD-TR-0100 Kent Public Works 155 Monroe Avenue NE 220 Fourth Avenue South Renton, WA 98046-4199 Kent,WA 98032-5895 206-296-8179 (telephone) (253) 856-5523 (telephone) 206-296-8514 facsimile (253) 856-6000(facsimile) APPROVED AS TO FORM: Kent Law Department PWNOIFILE't D 111 VIMA wHd5YUIVF FC�d East Hill Skate Park 4 of 4 Pac Hwy MCkgatten-Bek Clean-Uptds DATE 5/171200 DESCRIPTION AND OCK TALLY FOR THE PROGRAM City of Kent MATERIAL TONS KCPIT.TONS PREVIOUS TOTAL SITE Birk-Garbage&Concrete 5/8 Minus 0 _ ❑ PROJ# Pit Run 0 ❑ TASK# I IW'MMus 0 0 2112 Minus 0 0 LABOR $4,52015 Should Ballast ERR $691 25 2.4" ❑ 0 VENDOR $1,080 00 4$" 0 0 MATERIALS $5,25000 Wash 314 0 0 StreamBed 0 0 DAILYTOTAL $71,543 40 LLRR 0 0 PREVIOUS s TEITAL HLRR 0 0 JOB TOTAL $11,541,40 2 Mart 0 ❑ 3-4 Man 0 0 Screenings 0 Refuse-TON 25 2 0 Per Yard D LABOR HOURS OT TOTAL MATMER—IM TOTAL EACH TOTAL Operator 15 $870 30 Misc mat 0 $000 Type 18 CB $0 on TO II 30 $1 57600 Tons Type 16 CB $O DO TO III $0,00 518 Minus $0.00 48"MH $000 Utility 30 $1,404.9D Pit Run $000 54"MH $000 Supervisor $000 1114"Minus $000 72"MH $000 Lead 10 $022 30 2112 Minus $000 18 X 24 LW $000 Clerical 1 $4465 Should Ballast $000 Fabrles EQUIPMENT TOTAL 2-4" $0 00 Coll,Rolls $000 FREIGHTLINER $o 00 4$" $000 Coir Logs 12" $0 DD 1OYD(EOT325) 30 $525 00 Wash 3/4 $0 00 Colr Logs 16" $000 Pick Up 35 $16625 StreamBed $D00 Colt Logs 20" $030 Vactor $000 LLRR $000 FISH HABITAT&BIOS'rABILIZATION Loader $000 HLRR $000 Willows $000 Grader $Op0 2Man $000 Tree w/Roots $0,00 BACKHOE $0 00 3.4 Man $000 EROSION CONTROL TR ERR $0 D0 Screenings $600 ETH003 $0 DO L F TOTAL BMP'S(Each) $000 HYDROSEEDER $000 12"HOPE $000]Filter Fabnc ROLL $000 RENTALS 18"HOPE $000 Straw/bale $000 PC 120 $000 12'CMP $1100 EXCELSIOR ROLL $000 Cat330 15 $t,080DO 18"CMP $000 STRAW WATTLE so GO DSC $300 12"ADS $0❑Q WASTE-PER YARD TR Rent $➢00 16"ADS $0 0o Concrete-TON 600- 33,125 GO $000 12"CP $0 00 Brush -SO GO MIS Rent $000 18"CP $0 00 Wet Fill $0 00 Honey Bucket 0 $000 Refuse-TON 25 $2,125 00 Vendor Truck $000 Per Yard Pac Hwy Wetland Wi igation•Birk Property DATE 5/17-777 DESCRIPTION AND ROCK TALLY FORTH E JOB PROGRAM City of Kent MATERIAL TONS KC PIT-TONS PREVIOUS TOTAL SITE Kent-Birk Regrade gig Minus W 0 PROD# Pit Run 0 _ _ 0 TASK# 1 114"Minus 0 0 2112 Minus 0 0 LABOR $5,87530 Should Ballast D 0 ERR $1,342 50 24" 0 tl VENDOR $1,860 60 4-8" 0 0 MATERIALS $650 00 wash 3,04 0 0 StreamBed 0 DAILY TOTAL $0,74641) LLRR 0 PREVIOUS JOB TOTA4 HLRR 0 0 JOB TOTAL $9,748 4D 2 Man o 34 Man 0 0 Screenings 0 0 0 D 0 0 Pe Yard 0 LABOR HOURS OT TOTAL MATERIALS TOTAL EACH TOTAL Operator 20 $1,160 40 Misc mat 0 3000 Type 15 CB son TO 11 60 $3,15600 Tons Type 16 CO $O OR TO III $090 Sift Minus $000 48"MH $000 Utility 20 $993660 Pit Run $000 54"MH $000 Supervisor $0,00 1 114"Minus $000 72"MH $0 00 Lead y0 $622 30 2112 Minus $0 00 IS X 24 Lid $0 00 Clerical $9 DO Should Ballast $000 Fabrics EQUIPMENT TOTAL 2.4" $0 DO Colr Rolls $0 OD FREIGHTLINER 60 $1,200 00 4-9" $000 Colr Logs 12" $000 10YO(EOT325) 5090 Wash 314 $0 DO Cdr Logs 16" $O DO Pick Up 30 S142W StreamBed $000 Cdr Logs 20" $000 Vactor $0 to LLRR $R00 FISH HABITATS BIOSTABILIZAT10N Loader $0 OD HLRR $000 Willows $0➢0 Grader $000 2 Man $000 Tree w/Roots $0()0 8ACKHOE $000 34 Man $000 EROSION CONTROL TR ERR S9O0 Screenings $0.00 ETH003 $000 L F TOTAL BMP'S(Each) gil S5D 00 HYDROSEEDER $0 DO 12"HDPE $000 lFeter Fabric ROLL $000 RENTALS 18"HDPE $D.RD Straw/bale $000 PC 120 $0 00 12"CMP $ROC EXCELSIORROLL $000 Cat 330 Y0 $1,440 DO 18"CMP SROD STRAW WATTLE $0 DO D5C 2O $44050 12"ADS $000 WAS7E•PERYARD TR Rent $0 DO 18"ADS $R W Summit Pit Fill P�l $60D 00 $000 12"CP $000 Brush $000 MIs Rent $0,00 18"CP $0 DO Wet Fill $000 Honey Bucket 0 $0 00 1000 Vendor Truck $0 DO Per Yard INTERAGENCY AGREEMENT BETWEEN THE CITY OF KENT AND KING COUNTY FOR WORK TO BE PERFORMED BY KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made between the City of Kent ("Kent") and King County ("County") in accordance with the Interlocal Agreement executed by the parties on May 31, 2005, for the provision of services by the King County Road Services Division I. DESCRIPTION OF WORK. In accordance with the provisions of the above-referenced Interlocal Agreement, the County shall perform the following services for Kent in accordance with the following described plans and/or specifications Provide labor, materials and equipment necessary to rough grade the Birk,Donofrio, and Russell Road wetland mitigation sites as shown on the S 228th Street Extension Wetland Mitigation plans or as directed by the City's engineer The cost to complete the work has been estimated in the County's proposal dated 5/17/05 attached and incorporated as Exhibit A All three mitigation sites are located in Kent, Washington as shown in the figure included in Exhibit A County further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed IL TIME OF COMPLETION. The parties agree that work will begin on the tasks described in , Section I above immediately upon the effective date of this Agreement Upon the effective date of this Agreement, the County shall complete the work described in Section I within ninety (90)days III. COMPENSATION. A Kent shall pay the County, based on time and materials, an amount not to exceed One Hundred , Twenty-One Thousand, Eight Hundred, Eight and 25/100ths ($121,808 25) dollars for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of Kent in the form of a negotiated and executed supplemental agreement The County agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for a period of one(1)year from the effective date of this Agreement The County's billing rates shall be as delineated in Exhibit A B The County shall submit monthly payment invoices to Kent for work performed, and a final bill ! upon completion of all services described in this Agreement. Kent shall provide payment within thirty (30) days of receipt of an invoice If Kent objects to all or any portion of an invoice, it shall notify the County and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the County has the ability to control and direct the performance and details of its work, Kent being interested only in the results obtained under this Agreement S 228th Street Wetland Mitigation 1 of 4 V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party written notice at its address set forth on the signature block of this Agreement by April 1 of the preceding calendar year in accordance with the provisions of the parties' Interlocal Agreement After termination, Kent may take possession of all records and data within the County's possession pertaining to this project, which may be used by Kent without restriction If Kent's use of the County's records or data is not related to this project, it shall be without liability or legal exposure to the County VI. INDEMNIFICATION. Washington State law shall govern the respective liabilities of the parties to this Agreement for any loss due to property damage or injury to persons arising out of activities conducted pursuant to this Agreement The provisions of this section shall survive the expiration or termination of this Agreement VH. INSURANCE. The County shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. VIQ. EXCHANGE OF INFORMATION. Kent will provide its best efforts to provide reasonable accuracy of any information supplied by it to the County for the purpose of completion of the work under this Agreement IX. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of Kent All records submitted by Kent to the County will be safeguarded by the County I The County shall make such data, documents, and files available to Kent upon Kent's request Kent's use or reuse of any of the documents, data and files created by the County for this project by anyone other than the County on any other project shall be without liability or legal exposure to the County X. KENT'S RIGHT OF INSPECTION. Even though the County is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of Kent and shall be subject to Kent's general right of inspection to secure satisfactory completion j Xl. WORK PERFORMED AT COUNTY'S RISK. The County shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at the County's own risk, and the County shall be responsible for any loss of or damage to materials, tools, 1 or other articles used or held for use in connection with the work XII. MISCELLANEOUS PROVISIONS. A Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, Kent requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B Non-Waiver of Breach The failure of Kent to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options,and the same shall be and remain in full force and effect S 228th Street Wetland Mitigation 2 of 4 C Resolution of Disputes and Governing Law This Agreement shall he governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the Kent's right to indemnification under Section VI of this Agreement D. Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three(3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in wnting E Assignment. Any assignment of this Agreement by either party without the written consent of ' the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent P Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of Kent and the County ' G Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of Kent, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevail H Compliance with Laws The County agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to County's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations r S 228th Street Wetland Mitigation 3 of 4 IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. 1 COUNTY: KENT: By By (signature) (signature) Print Name. Jerry Tracy Print Name: Jim White Its Road Maintenance Supervisor Its Mayor (rifle) (rifle)DATE: DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Jerry Tracy,Road Maintenance Supervisor Chad Bieren,Project Manager MS. RSD-TR-0100 Kent Public Works Design Section 155 Monroe Avenue NE 220 Fourth Avenue South Renton, WA 98046-4199 Kent,WA 98032-5895 206-296-8179(telephone) (253) 856-5500(telephone) 206-296-8514 facsimile (253)856-6500(facsimile) APPROVED AS TO FORM: Kent Law Department svwu.r.rn.ry�um v.urwa..cwure 1 S. 228th Street Wetland Mitigation 4 of 4 Kent-Bak-Garbage Concrete ias DATE 51172005 DESCRIPTION AND ROCK TALLY FOR THE JOB PROGRAM Cry of Kent MATERIAL TONS KC PIT-TO S PR S TOTAL SITE Birk-Garbage B Concrete WS Mmus D 0 PROD# Pit Run 0 0 TASK# 1114"Minus D ❑ 2112 Minus 0 0 LABOR $8,773 80 Should.Ballast 0 0 ERR $ ,234 2-4" 0 0 VENDOR $2,23400 00 42" 0 MATERIALS $14,375 00 Wash 314 0 0 StreamBed 01 0 Y TOTAL =,rW.04 LLRR 01 0 118 JOB OM HLRR 0 0 JOB TOTAL $26,789,05 2 Man D 0 Man 0 Sc 0 Scraeninps 0 0 Refuse-TON '125 12 0 Per Yard 0 LABOR HOURS OT TOTAL MATERIALS TOTAL EACH TOTAL Operator 30 $1,74060 Mlsc mat j SO 00 Type 15 CB $0 DO TO 8 80 $3,156.00 Tons Type 16 CB $D DO TO 81 $0,00 SIB Minus $000 48"MH s0 OD Ubiity 60 $2,809,50 Pit Run $000 54"MH $D 00 Supervisor $0,00 1114"Minus $DOD 72"MH $000 Lead 16 $93345 2112 Minus 10.06 18 X 24 Ud $0 D0 Clerical 3 $13395 Should Ballast 1000 Fabrics EQUIPMENT TOTAL 2-4" $000 Cdr Rolls 11000 FREIGHTLINER So O0 4$" 1500 Cdr Logs 12" 4000 IDYD(EOT326) 60 $1,050 00 Wash 314 $000 Colt Logs 16" $000 Pick Up 75 $388 25 StreamBed SO 00 Colt Logs 20" $000. actor $000 LLRR $000 FISH HABRA ajATION Loader $000 HLRR SD 00 VAHows $0 OD Grader $0 DO 2 Man $D 00 Tree wl Roots $000 BACKHOE $0,00 3J Man 4000 EROSION CONTROL TR ERR $000 Screenings 000 ' ETH003 $000 L F TOTAL BMP'S(Each) $000 HYDROSEEDER $000 12"HDPE $0,00'F,ker Fabric ROLL Soon RENTALS 18"HDPE SD.op Strawl bale $000 PC 120 Wool 12"CMP $DOG EXCELSIOR ROLL $0,00 Cat330 30 $2,160 DO ta"CMP s000 STRAW WATTLE $D 00 05C $000 12"ADS $D 00 WASTE.PER YARD TR Rent $o DO 18"ADS soon Concrete-TON 600 $3,750 00 $000 /2"CP $0 00 Brush $000 Mis Rent $0 DO 18"CP $0 00 Wet Fill $0 OD Honey Bucket 1 $7400 Refuse-TON 125 $10,62500 , Vendor Truck $000 Per Yard Revised 5-17 Kent-Bak Ragrade xis T 1712005 DESCRIPTION AND ROCK TALLY FOR THE JOB PROGRAM City of Kern MATERIAL TONS KC PIT-TONS PREVIOUS TOTAL SITE Kent-Birk Regrada 518 Minus PROD# Pit Run TASK# 1 114"Minus 112 Minus 0 0 LABOR $29,376 50 Should Ballast 0 RR $6,71250 -4" 0 VENDOR $9,477 00 MATERIALS $3,250 00 ash 311 StreamBed D 0 Y70TAL 146S1S-D0 LLRR 0 0 Pit"OM JOB AL HLRR 0 0 JOB TOTAL $48,816 00 2 Man 0 D 3-4 Men 0 0 creenings 0 0 0 0 0 er Yard 0 LABOR HOURS OT TOTAL MATERIALS r—� TOTAL EACH TOTAL Operator 100 $5,802 00 Mlsc mat l� SO 00 Type 15 CS $000 D II 300 $15,780 00 Tons Type 16 CB SO 00 TD III $000 518 Minus $000 48'MH Soon Utility 100 $4,6000 Pit Run $000 54"MH $000 Supervisor $0 oD 1 Vil"Minus $000 72"MH $000 Lead $0 $3,111 50 21)2 Minus 10,00 18 X 24 Lid $000 Clerical $000 Should Ballast 10-00 Fabncs EOU"ENT TOTAL 24" 10,00 Colr Rolls $000 REIGHTLINER 300 $6,00o D0 4-8" $000 Colr Logs 12" $000 1OYD(EOT325) 40 DO Wash 314 $000 Colr Logs 16" SD DO Pick Up 50 $712 50 SlreamBed %000 Cou Logs 20" 30 00 Vector $000 LLRR $00D FISH HABITAT&BIOSTABILIZATIO oader SO DO HLRR $0,00 Willows SD DO radar SO 00 2 Man $0,00 Tree wl Roots $000 BACKHOE $000 3-4 Man $GAO EROSION CONTROL TR ERR $0 DO Screenings $000 ETH003 $0 DO TOTAL BMP'S(Each) 25D $25000 HYDROSEEDER $000 12"HOPE $000'F,eer F.bnc ROLL $0,00 RENTALS 18"HDPE $5,00 Strawl Cale $000 C 120 $000 12"CMP $000 EXCELSIOR ROLL $DOO 1 Cat330 100 $7,20000 18"CMP $000 STRAW WATTLE 2SD DO D5C IOU 12,20300 12"ADS $Doc-_ WAS7E.PERYARD TR Rent $0 D0 18"ADS $000 Sum mrt Pd FIII 2000 $3,000 00 $000 12"CP $000 Brush $000 Mrs Rent SO OO 18"CP $o 00 Wet Fill Saco Honey Bucket 1 $74 DO s0 00 Vendor Truck $000 Per Vard 1 Kent-Donofno ids , DATE /17/2005 DESCRIPTION AND ROCK TALLY FORTHE J013 PROGRAM City of Kent MATERIAL TONS KC PIT-TONS PREVIOUS TOM SITE Donofrio SxMmus PROJB Pit Run — � TASKB 1 114"Minus 2112 Minus - 0 LABOR $10.46780 Should Ballast 0 0 ERR $3,285 00 4" D ❑ VENDOR $955 20 4.r 0 MATERIALS $10.24575 Wash 34 0 D StreamBed 0 0 DAILY TOTAL $24,&9175 LLRR 0 0 JD8 TOTAL HLRR 0 0 JOB TOTAL $24,953 75 2 Man 0 ❑ 14 Man D ❑ 11eenln8s D 0 K C Pit Waste 0 0 0I jPeryard ❑ LABOR HOURS OT TOTAL MATERIALS TOTAL TOTAL Operator 40 $2,320.80 Misc mat ® $200.00 Type 15 CB $0 DO TOM 80 $3,156 OD Tons Type 16 CO SO DO D MI $000 BB Minus $0 00 48"MH $o Do Utility BO 33.746 4D Pit Run $0.00 54"MH $D 00 Supervisor $000 1 114-Minus $000 72"MH $000 Lead 20 $1,24460 2112 Minus S00D 18 X 24 Lid $000 Clerical SD OD Should Ballast $D00 Fabncs EQUIPMENT TOTAL 2.4" $000 Gov Rolls $000 FREIGHTLINER BO $t,20000 441" $D 00 Colr Logs 12" SOW 10YD(EOT325) $000 Wash 314 $000 Car Logs 16' $000 Pick Up 60 $285 OD StreamBed $000 Colr Logs 20" rEl $000 actor $0 00 LLRR $000 FIS RATE BIOSTABILDJ1A TION Loader $000 HLRR $000 Willows $000 Grader $000 2 Man $000 Tree wf Roots 5600 BACKHOE $000 3-4 Man $0,00 EROSION CONTROL TR ERR $D b0 Screenings $000 , ETH003 40 $t,S00 00 L F TOTAL BMP'S(Each) 250 $250 00 HYDROSEEDER W DD 12"HOPE $ODO iFdter Fabnc ROLL $0 DO RENTALS 18"HDPE $000 Strawl bale 25 $17075 PC12O $0,00 12"CMP $000 EXCELSIOR ROLL $000 $D DO 18"CMP $D_00 STRAW WATTLE $0 DO D6C 40 S881 20 12"ADS $D.00WAS!E-'REWWAV- TR Rent soon 18"ADS $000 Unsorted FIII 50D $9,625 00 $0 DO 12"CP $000 Brush $000 Ls Rent $0 DO 18"CP $0.00 Wet FIII $000 Honey Bucket 1 $74 00 K C Pit Waste $0 00 , Vendor Truck $0 DO Per Yard r r r r City of Kent Russell Road As DATE /17/2005 DESCRIPTION AND ROCK TALLY FOR THE JOB PROGRAM City of Kent MATERIAL ED KPIT-T N PREVIOUS TOTAL SITE Russell Road SIB Run -- PROD# PR Run 0 ASK# 1 114"Minus 0 2112 Minus 0 LABOR $12,687 20 Should Ballast 0 ERR $6,992 00 2.4"NDOR $88120 44" MATERIALS $68905 Wash 314 Stre imBed OARLY TOTAL $21 249.45 LLRR 0 0 PREVIOUS JOB TOTAL HIRR 0 0 JOB TOTAL. $21,249.45 2 Man D D S Man D 0 Screenings CPIt K Plt Waste 0 Per Yard a LABOR HOURS OT TOTAL MATERIALS TOTAL EACH TOTAL Operator 0 $2,32080 Misc mat 200 ;20000 Type 15 CO $000 TO II 120 $8,312 00 Tons Type 16 CB $0 00 TID III $000 613 Minus SO DO 48"MH $000 utility 60 $2,808 80 Pit Run $D 00 64"MH $D 00 Supemsor $000 1 114"Mims $000 72"MH $000 ' Lead 20 $1,24460 2112 Minus $0 DD 18 X 24 Lid PE $D 00 Clencal $000 Should Ballast 11000 Fabrics EQUIPMENT TOTAL 2-1" $000 Coir Rolls $DOD FREIGHTLINER 120 $4,002 00 4-B" ;0 00 Co4r Logs 12" $000 10YD(EOT325) $000 Wash 314 $000 Cdr Logs 16" $000 Pmk Up 80 $38000 Stream Bed $300 Colr Logs 20" $000 Vector $O 00 LLRR $000 FISH HABITATS BIOSTABILIZATION Loader $0 00 HLRR $0 DO Willows $D 00 Grader $0,00 2 Man $000 Tree w/Roots 30 00 BACKHOE $000 3-4 Man $D DO EROSION CONTROL TR ERR $000 Screenings 0.00 ETHDO3 40 $2,610 00 L F TOTAL BMP'S)Each) 250 $250 00 HYDROSEEOER 30 DO- 12"HOPE 40,00 IF,Itw Fabric ROLL $000 RENTALS18"HOPE $0-00 Straw/bale 35 $23905 PC 120 $0,00 12"CMP $000 EXCELSIOR ROLL $000 ' 50 DO 18"CMP $000 STRAW WATTLE $D DO 05C 40 $881 20 12"ADS $0 DO WASTE-PER YARD R Rent $0 DO 18"ADS $0 00 Unsorted F18 V�l $000 $0 00 12"CP $000 Brush $D 00 Mrs Rent $C DO 16"CP $000 Wet Fill $0 DO Honey Bucket W 00 K C Pit Waste $0 DO Vendor Truck $000 Per Yard i r r EXHIBIT B INSURANCE REQUIREMENTS FOR , CONSTRUCTION PROJECTS WITH KING COUNTY Insurance i The County 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 County,their agents, representatives, employees or subcontractors. The County's insurance may be fully self-funded The County's insurance coverage shall be primary insurance with respect to this Agreement. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the County's insurance and shall not contribute with it The County shall furnish the City with a Certificate of Self-Insurance i 1 1 i i i 1275000 1289000 1285000 1290000 Y n' }cam{ r Ti '-1`' �� - �, �_'��j _/ •I�i (� "' ^,1. + v' Prope ■ ` r �j �Z- 4" !�� ; Its B �and i.Ls �fr r a>ull � b, 14 0 l 13 k Sid 1 r , ' ,M ! C 1 a �`11 '\`• •'l,• o'_ - r 'lf —/.�.. . . ,! k .��• i� 41--^I 4 STi '��1 ' ��r �� �..--^ C't••• '�• S ` rzL�f' !3 r.i._ rf`• f,, ^23 1 393 lily— �, ;; � ' _ Yr`i . ♦ I I. i .n r• 1 l .� Q , Ov ' V• u $.tier le +r ,r-1-. ;!' ` �ii.r...—�Sa' i�1II� r�y,`'L,'' �_=+,��' A• l' ( lLegend _ I 1� m t vI 'll , / t �/�) `��..-,1.1�- V / El 7 1 Proposed Mitigation Sites C I i! ,',': a; V t Birk ;T v` I pr ' IS ��'�`c �``-:�; � City of Kent Wetland Inventory t( i_ 2 I �• 1 f. ..>• may-/ j. i 1250 0 1250 2500 3750 Feet w Scale 1'-2500 Feet o 1275000 1280000 1285000 1290000 Sarre USGS Poverty Bay,Des tomes,WA Quadrangles MM(1987) City of Kent(WO3) WA State Plane, North Zone,NAD63,US Feet Figure 4b City of Kent Wetland Inventory ASK Q Jones&Stokes Proposed Wetland Mitigation Sites I r r INTERAGENCY AGREEMENT BETWEEN THE CITY OF KENT AND ICING COUNTY FOR WORK TO BE PERFORMED BY KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made between the City of Kent ("Kent") and King County ("County") in accordance with the Interlocal Agreement executed by the parties on June 1, 2005, for the provision of services by the King County Road Services Division rI. DESCRIPTION OF WORK. In accordance with the provisions of the above-referenced Interlocal Agreement, the County shall perform the following services for Kent in accordance with the following described plans and/or specifications Provide labor, materials and equipment necessary to rough grade the site of the future East Hill Community Skate Park in Kent, Washington as described on the County's proposal dated 2/7/05 attached and incorporated as Exhibit A. County further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed r11. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement Upon the effective date of this Agreement,the County shall complete the work described in Section I within thirty(30)days III. COMPENSATION. rA Kent shall pay the County, based on time and materials, an amount not to exceed Forty-Nine Thousand, Nine Hundred Seventy-Four Dollars and 49/100ths ($49,974.49) for the services ' described in this Agreement. This is the maxiinum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of Kent in the form of a negotiated and executed supplemental agreement. The County agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement The County's billing rates shall be as delineated in Exhibit A. B The County shall submit monthly payment invoices to Kent for work performed, and a final bill upon completion of all services described in this Agreement Kent shall provide payment within thirty (30) days of receipt of an invoice If Kent objects to all or any portion of an invoice, it shall notify the County and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion ' IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the County has the ability to control and direct the performance and details of its work, Kent being interested only in the results obtained under this Agreement r r rEast Hill Skate Park 1 of 4 V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party written notice at its address set forth on the signature block of this Agreement by April 1 of the preceding calendar year in accordance with the provisions of the parties"Interlocal Agreement. After termination, Kent may take possession of all records and data within the County's possession pertaining to this project, which may be used by Kent without restriction If Kent's use of the County's records or data is not related to this project,it shall be without liability or legal exposure to the County. VI. INDEMNIFICATION. Washington State law shall govern the, respective liabilities of the parties to this Agreement for any loss due to property damage or injury to persons ansmg out of activities conducted pursuant to this Agreement , The provisions of this section shall survive the expiration or termination of this Agreement VII. INSURANCE. The County shall procure and maintain for the duration of the Agreement, , insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. VIH. EXCHANGE OF INFORMATION. Kent will provide its best efforts to provide reasonable accuracy of any information supplied by it to the County for the purpose of completion of the work under this Agreement IX. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and , become the property of Kent All records submitted by Kent to the County will be safeguarded by the County The County shall make such data, documents, and files available to Kent upon Kent's request Kent's use or reuse of any of the documents, data and files created by the County for this project by anyone other than the County on any other project shall be without liability or legal exposure to the County. ' X. KENT'S RIGHT OF INSPECTION. Even though the County is an independent contractor with the authority to control and direct the performance and details of the work authorized under this , Agreement, the work must meet the approval of Kent and shall be subject to Kent's general right of inspection to secure satisfactory completion XI. WORK PERFORMED AT COUNTY'S RISK. The County shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at the County's own risk, and the County shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. XII. MISCELLANEOUS PROVISIONS. , A. Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, Kent requires its , contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B Non-Waiver of Breach The failure of Kent to insist upon strict performance of any of the , covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect East Hill Skate Park 2 of 4 C Resolution of Disputes and Governing_Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving ' that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the Kent's right to indemnification under Section VI of this Agreement. D Written Notice All communications regarding this Agreement shall be sent to the parties at the ' addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three(3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of ' the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent F Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of Kent and the County. G Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of Kent, and such statements shall not be effective or be construed as entering into or forming a part of or altering ' in any manner this Agreement All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevail. 1 H. Comphancc with Laws The County agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to County's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations East Hill Skate Park 3 of 4 i IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. COUNTY: KENT: ' By By: (SIgnat") �77gHOhJI'e) Print Name. Jerry Tracy Print Name: Jim White Its Road Maintenance Supervisor Its Mayor (Title) (Title) , DATE- DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ' Jerry Tracy,Road Maintenance Supervisor Perry Brooks,Project Manager MS RSD-TR-0100 Kent Parks,Recreation& Community Services 155 Monroe Avenue NE 220 Fourth Avenue South Renton,WA 98046-4199 Kent, WA 98032-5895 206-296-8179 (telephone) (253) 856-5112 (telephone) ' 206-296-8514 (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department IYSMRagYx.wf mro.IWrM CL>.�w�e East Hill Skate Park 4 of 4 1 Kent City Council Meeting Date June 7, 2005 Category Btds SUBJECT: FIRE STATION 76 UNDERGROUND FIRE PUMP TEST TANK— AWARD 2. SUMMARY STATEMENT: The bid opening was held on May 12, 2005, with five ' (5) bids received. The apparent low bid was submitted by JW Developers, LLC in the amount of$49,206, excluding Washington State Sales Tax (WSST). The project consists of installation of an owner furnished 20,000 gallon underground storage tank for fire engine pump testing at Station No. 76. The Engineer's estimate is $105,000. 3. EXHIBITS: Bid tab 4. RECOMMENDED BY: Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: p Councilmember moves, CouncilmemberD(J� seconds to authorize the Mayor to enter into an agreement with JW Developers, LLC, in the ' amount of$49,206, plus Washington State Sales Tax, to furnish and install the underground fire pump test tank at Fire Station No. 76. DISCUSSION: Kp ACTION: f-� Council Agenda Item No. 8A ' CITY OF KENT PARKS FACILITIES BID TAB May 12,2005 PROJECT:Underground Fire Pump Test Tank at Kent Fire Station No.76 BIDDER ' JW Developers,LLC $49,206 ESE Corporation $57,037 Global Diving&Salvage $ 84,225 Marine Vacuum Service $118,000 ' Glacier Environmental Services $138,688 Kent City Council Meeting Date June 7, 2005 Category Bids 1. SUBJECT: 3RD AVENUE SOUTH STREET IMPROVEMENTS —AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on May 24, 2005, with four bids received. The low bid was submitted by Rodarte Construction, Inc. in the amount of$386,620.80. The Engineer's estimate was $392,785.41. 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Staff (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 1 �Ci moves, Councilmember C" seconds to authorize the Mayor to enter into a contract with Rodarte Construction, Inc. in the amount of$386,620.80 for the 3rd Avenue South Street Improvements project. L DISCUSSION: ACTION: V1 C Council Agenda Item No. 8B PUBLIC WORKS DEPARTMENT Larry Blanchard Public Works Director • Phone 253-856-5500 K E N T Fax 253-856-6500 w�s n �o,o N Address 220 Fourth Avenue S Kent,WA 98032-5895 June 7, 2005 TO: Mayor White and Kent City Council FROM: Tim LaPorte, Design Engineering Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: 3rd Avenue South Street Improvements Bid opening for this project was held on May 24, 2005 with four bids received. The low bid was subnutted by Rodarte Construction, Inc. in the amount of$386,620.80 The Engineer's estimate was $392,785 41 The Public Works Director recommends awarding this contract to Rodarte Construction, Inc Bid Summary Rodarte Construction, Inc $386,620 80 R.W. Scott Construction, Co. $400,436 22 Americon, Inc $467,245 95 Dennis R Craig Construction, Inc. $484,382 01 Engineer's Estimate $392,785.41 Mayor White and Kent City Council 3n°Avenue S -Award Bid 1 Kent City Council Meeting Date June 7, 2005 Category Bids 1. SUBJECT: 2005 ASPHALT OVERLAY—AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on May 26, 2005, with three bids received. The low bid was submitted by ICON Materials in the amount of$692,952.80. The Engineer's estimate was $804,652.75. 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Staff (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 to authorize the Mayor to enter into a contract with ICON Materials in the amount of $692,952.80 for the 2005 Asphalt Overlay Project. DISCUSSION: ACTION: Council Agenda Item No. 8C PUBLIC WORKS DEPARTMENT Larry Blanchard Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 w A 9 M I N G T O N Address 220 Fourth Avenue 5 Kent,WA 98032-5895 June 7,2005 TO: Mayor White and Kent City Council FROM: Tim LaPorte, Design Engineering Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: 2005 Asphalt Overlays Bid opening for this project was held on May 26, 2005 with three bids received. The low bid was submitted ICON Materials in the amount of$692,952 80 The Engineer's estimate was $804,652 75 The Public Works Director recommends awarding this contract to ICON Materials. Bid Summary ICON Materials $692,952 80 Lakeside Industries $733,807 95 Western Asphalt $813,544.51 Engineer's Estimate $804,652 75 i I I Mayor White and Kent City Council 2005 Asphalt Overlays •Award Bid 1 i rREPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT r B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS r E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PARKS AND HUMAN SERVICES COMMITTEE G. ADMINISTRATIVE REPORTS r r REPORTS FROM SPECIAL COMMITTEES r r KENT OPERATIONS COMMITTEE MINUTES MAY 3,2005 Committee Members Present: Chair Tim Clark, Julie Peterson, and Bruce White The meeting was called to order by Tim Clark, Chair at 4:09 p.m. 1. APPROVAL OF MINUTES DATED APRIL 5,2005 Bruce White moved to approve the minutes of the April 5, 2005, Operation Committee meeting. Julie Peterson seconded the motion,which passed 3-0. 2. APPROVAL OF VOUCHERS DATED APRIL 15,2005 AND APRIL 29, 2005 Finance Manager Bob Nachlinger presented the vouchers for April 15, 2005, and April 29, 2005, for approval. Julie Peterson moved to approve the vouchers dated April 15, 2005, and April 29, 2005. Bruce White seconded the motion,which passed 3-0. 3. FIRE DEPARTMENT POSITION—CHANGE EMERGENCYMANAGEMENT PROGRAM COORDINATOR TO SUPPLIES/INVENTORY SPECIALIST Fire Chief Jun Schneider requested that the Fire Department be pennitted to change the current vacant position of Emergency Management Program Coordinator to a full time Supplies/Inventory Specialist. Chief Schneider requested approval to change a '/4 time vacant position to a full time position utilizing monies currently in the budget Currently the Fire Department has a position that was vacated in July 2004 that is a 1/4 time Emergency Management Program Coordinator. After providing a needs assessment for the Department, the Department has identified and would like to replace the 3/4 time vacant position with a full time Supplies/hiventory Specialist. Based upon our assessment this full time position would best fit the needs of our organization. We have met with both AFSCME and the IAFF unions and they have agreed to the changes. Also, we have received approval from Employee Services regarding the attached position description. Chief Schneider further stated that there would be no budget impact for this change in positions. Chief Schneider responded to questions regarding logistics s Operations Committee Minutes May 3, 2005 Page: 2 Julie Peterson moved to recommend placing on the Consent Calendar of the May 17, 2005, Council Meeting that authorization be granted to the Fire Department to change the identified vacant Emergency Management Program Coordinator position to a full time Supplies/Inventory Specialist. Bruce White seconded the motion, which passed 3-0. 1ST QUARTER 2005-FINANCIAL SUMMARY Assistant Finance Director Cliff Craig presented a PowerPoint presentation for the I"Quarter- 2005 Financial Summary. This financial summary presentation was for informational purposes only and no action was necessary. The meeting was adjourned at 4:28 p.m. Renee Cameron Operations Committee Secretary i t i i 2 1 TTParks and Human Services Committee Minutes KEN April 21, 2005 w. Committee members present Tim Clark, Julie Peterson, Ron Harmon Committee members excused Deborah Ranmger, Debbie Raplee The Kent City Council Parks and Human Services Committee was called to order at by Julie Peterson at 4.05 p in. Revisions to the Agenda 1. Item No 5• East Hill Skate Park Name Nominations was pulled from the agenda. 2. Two items were added a. King Conservation District Grant for Make A Difference Day - Accept and Amend Budget and b. King Conservation District Grant for Scenic Hill Project-Accept and Amend Budget 1. Approval of Minutes Clark moved to approve the minutes of the March 17, 2005 Parks and Human Services Committee meeting Harmon seconded. The motion passed 3-0 2. Safe Havens Visitation and Exchange Program Fees - Establish a Budget The Safe Havens Visitation Center is now open for clients The program is set up to collect intake and visitation fees from each family using the services. Currently this is no budget to accept the fees The S 10,000 00 in projected fees is budgeted for office supplies 1 at$1,000 00 and program supplies at S9,000 00 Harmon moved to recommend establish a budget of$10,000 00 from intake fees for the Safe Havens Visitation Center and authorize expenditure of funds in the Safe Havens Visitation and Exchange Program Budget. Clark seconded. The motion passed 3-0. 3. Safe Havens Visitation and Exchange Program Donations-Accept and Amend Budget The attached list of donors have submitted a total $1,766 00 00 to assist in the purchase of furnishings, equipment and supplies for the Safe Havens Visitation and Exchange Program that are not provided by the Federal grant. Clark moved to recommend accepting donations totaling $1,766 00 and authorizing expenditure of funds for the Safe Havens Visitation and Exchange Program Budget. Harmon seconded The motion passed 3-0 Parks and Human Services Committee Meeting Minutes Apn121, 2005 Page 2 4. East Hill Community Skate Park Master Plan -Approve A new three-acre community park will be located at the southwest corner of South 240th Street and 1161h Avenue SE on the east hill of Kent. Park amenities include skateBMX flow and street areas, climbing pinnacle, climbing boulders, children's climbing area, picnic shelter/restrooni building, trails, raised gardens,public art, and parking. The skate/BMX flow and street areas were carefully designed to accommodate both the beginner and the more experienced skateboarders and BMX bike riders Staff received project assistance from REI, Diamond Back Bicycle Company, a Citizen Advisory Board, and Arbor Village Community Residents &Management. Public meetings to develop the master plan were held on July 3, 2002,May 19, 2004 and March 2, 2005. Staff will present the proposed Master Plan for the Service Club Park. Funding sources for the project include the Literagency for Outdoor Recreation ($540,000 00), King County Youth Sports Grant($17,000.00); Arbor Village Land Donation ($90,000.00 value),Tony Hawk Foundation ($1,000.00); and Diamond Back Bicycle Company ($100 00). Clark moved to recommend approving the East Hill Skate Park Master Plan. Hannon seconded The motion passed 3-0. 5. First Quarter Fee-In-Lieu of Funds-Accept and Amend Budget Between January and March 2005, the City of Kent 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 $12,000.00 for Silver Creek Estates, Sci Funding paid $8,625.00 for Wildwood Ridge One and East Hill Properties paid $6,007 50 for Henderson Short Plat. Ordinance 2975 requires developers to dedicate open space in proximity to new construction sites or to pay "fee-m-lieu" funds The fee-in-lieu is based on assessed land values. Hannon moved to recommend accepting the fee-in-lieu of funds from developers in the amount of$26,632.50 and authorizing the expenditure of funds in the 272"d Street Neighborhood Park and Tudor Square Park budgets. Clark second. The motion passed 3- 0 6. Service Club Ball Park Lighting Sole Source Contract-Authorize 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. In addition, Musco Lighting provided lighting at Wilson PlayGelds and Russell Road Park and it would be cost effective to stock parts for repair or routine maintenance for all three parks using the Parks and Human Services Committee Meeting Minutes Apnl 21, 2005 Page 3 same supplier. Funding comes from the cell tower leases located throughout the park system The attached signed waiver is pursuant to Kent City Code 3.70.080 of the City's procedure ordinance, as the City needs the lighting project completed at Service Club IBall Park and qualifies as a limited single source condition. Harmon moved to recommend authorizing the Mayor to enter an agreement to furnish lighting equipment for Service Club Ball Park with Musco Lighting, LLC in the amount of$180,000.00, excluding Washington State Sales Tax , upon review by the City Attorney's office Clark seconded. The motion passed 3-0. 7. King Conservation District Grant for Make A Difference Day-Accept and Amend Budget jIn 2004, the local Make A Difference Day event was held along the Green River Trail This event was segment two of the original planting plan Volunteers assisted City staff j with planting native plants City submitted and received a $2,342.87 reimbursable grant from King Conservation District (KCD)to pay for the purchase of the plants and materials. 1 Hannon moved to recommend accepting 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 and authorizing the Mayor to sign the agreement. Clark seconded. The motion passed 3-0 8. King Conservation District Grant for Scenic Hill Project-Accept and Amend Budget 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 $3,710.00 reimbursable grant from King Conservation District(KCD) to pay for the Urban Forestry Plan. rClark moved to recommend accepting the grant for$2,342 87 from King Conservation Distnct Number 9 in support of the 2004 Make A Difference Day event on the Green River Trail and authonzmg the Mayor to sign the agreement. Harrison seconded The motion passed 3-0. The meeting adjourned at 4 25 p.m. -" Teri Petrole Parks and Human Services Committee Secretary i PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES APRIL 18,2005 Committee Members: Chair Tim Clark, Ron Harmon, Bruce White IThe meeting was called to order by Chair Clark at 4 00 P.M Approval of Minutes Member Harmon MOVED and Member White SECONDED to approve the minutes of April 4, 2005 Motion CARRIED 3-0 Countvwide Planning Policies Planning Manager Charlene Anderson stated that two of the countywide planning policy amendments approved by the Growth Management Planning Council in King County affect Kent Ms Anderson stated that one amendment includes a mapping error that erroneously included in Tukwila's Potential Annexation Area an area within Kent's Potential Annexation Area located at the southeast corner of the intersection of Orillia Road and S 204ih Street Ms Anderson stated that staff is requesting that the motion for this amendment include a proviso that the King County Council and the GMPC will correct the mapping error and that the map be adjusted to follow S 2041h Street. Ms Anderson stated that the second amendment affecting Kent relates to changes to the potential annexation area's housing and employment targets which were initially brought before the Committee in October 2004 She stated that the County has decreased the household targets Iand increased the job capacity from previous miscalculations. Member White MOVED and Member Harmon SECONDED a Motion to recommend ratification of amendments to the Countywide Planning Policies approved under the Growth Management Planning Council (GMPC) Motion Nos. 04 1 through 04 5 with the understanding that the King County Council and the GMPC will correct the mapping error on the potential annexation area map to exclude the area within the Cit�of Kent's Potential Annexation Area(PAA) and to adjust Kent's PAA to align with South 204` Street, and to forward to the Full City Council for final action. Motion PASSED 3-0. Cascade Land Conservancy Presentation Mr Jim Greenfield, Chair of the King County Board of Trustees for the Cascade Land Conservancy and a member of the Board introduced Mr. Derrick Bernie, Community Outreach Program Manager who used a power point presentation to show the Cascade Land Conservancy's (CLC) Agenda Mr Greenfield stated that the CLC is a nonprofit organization with a 20 person Board of Directors, encompassing King, Pierce, Snohomish and Kittitas Counties He stated that each county has their own affiliated group of trustees who implement local conservation. He stated that since 1988 the CLC has protected over 110,000 acres through fee acquisition or conservation easements and invested over 26 million dollars in conservation He cited many of the projects the CLC has been involved with, including the 100,000 acre Snoqualmre Forest conservation project. Mr. Greenfield stated that the CLC would like to partner with Kent on their conservation efforts, citing Clark Lake as one of their preservation efforts He stated that the purpose of the CLC is to work with the community in developing strategies for the next 100 years out, to preserve the natural heritage of those communities, sustain a strong regional economy, promote livable communities and ensure healthy ecosystems Mr Derrick Bernie stated that the CLC conducted an intensive review of the best available data and mapping to evaluate how land use would look over a 100 year span, at the same time incorporating input from many constituencies through the Cascade dialogues project He stated that at the end of the public outreach process, the CLC formed an ambitious set of goals and strategies based on conserving over one million acres of land, to include private working forests, farms, working landscapes, an additional 265 thousand acres of park lands, natural areas and shorelines, and addressing property rights and development issues He stated that the CLC will provide staff with a copy of their in-depth report prior to its release at their annual conservation awards breakfast scheduled for May 19 in Seattle Mr Bernie extended an invitation to the Committee and Council to Zorn the CLC at this event. Mr. Bernie described the approaches that need to be taken over the next 100 years to achieve the CLC's conservation goals for the region He addressed questions from the Committee with respect to density, redevelopment and transfer of development rights City Attorney Tom Brubaker stated that Kent City Council has not implemented a program for the purchase or 1 transfer of development rights as it is cost prohibitive Zoning& Subdivision Codes & Shoreline Master Program Amendments #ZCA-2005-2 Planning Manager Charlene Anderson stated that this proposed amendment is presented for informational purposes She stated that Council approved amendments to KCC 12 01 in 2001, a regulatory reform code section addressing where appeals go once a decision is made by the Hearing Examiner, Council or staff. This amendment intends to incorporate that same language throughout the Kent City Code for consistency. Ms Anderson stated that this amendment is being heard before the Land Use and Planning Board on April 25, asking for the Committee's concurrence to take this directly to City Council upon the Board's recommendation The Committee concurred. Green River Corridor Special Interest District#ZCA-2005-1 Senior Planner Kurt Hanson stated that this amendment is for informational purposes only. He stated that this proposal applies a 35 foot height limitation to only river-front lots within the Green River Corridor Special Interest District. Mr Hanson stated staff is striking revisions to I language initially proposed for the definitions Section 15 02 of the Kent City Code, as staff subsequently realized that existing language is adequate Mr Hanson stated that this amendment is being heard before the Land Use and Planning Board on April 25, asking for the Committee's concurrence to take this directly to City Council upon the Board's recommendation The Committee concurred. Added Item-Interlocal 1 On behalf of the Committee, Chair Clark asked that staff take an assertive stance and approach King County to see that their land use and planning policies within Kent's Potential Annexation Area conforms to Kent's codes specifically with respect to permitting of businesses He stated that if the county is trying to encourage us to annex that area, they need to enforece compatible land use permitting and not expect Kent to inherit uses which we find inappropriate. Chair Clark asked that staff bring this item back to the next Planning and Economic Development Committee meeting clarifying that his specific concern was that current King County code allows unconventional land uses such as gambling establishments within the PAA and these uses would have negative impacts on Kent He stated that he is primarily targeting the licensing and permitting process for commercial uses Adjournment IChair Clark adjourned the meeting at 4.55 pm Pamela Mottram, Admin Secretary,Planning Services S IPermviPlanlPlannmg CommatM2005W nufes1041805mm doc P&EDC Meeting Minutes—4/18/05 Page 2 of 2 CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES April 21, 2005 COMMITTEE MEMBERS: Debbie Raplee,Les Thomas, Deborah Ranniger,Chair • The meeting was called to order by Les Thomas at 5 03 PM. I • Debbie Rauniger's absence was excused and Ron Harmon attended in her absence. • Debbie Raplee's absence was excused and Julie Peterson attended in her absence. 1. Approval of Minutes Ron Harmon moved to approve the minutes of the March 17,2005 meeting. The motion was seconded by Julie Peterson and passed 3-0. 2. EMS Pre-hospital Participation Grant -ACCEPT Fite Chief Jim Schneidei reviewed the planned use of the grant funds. Julie Peterson moved to recommend placing the acceptance of the EMS Pre-hospital Participation Grant in the amount of$1,290 on the Consent Calendar of the May 3, 2005 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 3. King County Office of Emergencv Management Grant-ACCEPT Fire Battalion Chief Pat Pawlak reviewed the purpose of the grant funding. Ron Harmon moved to recommend placing acceptance of the grant received from King County Office of Emergency Management in the amount of$21,250 on the Consent Calendar of the May 3,2005 Council Meeting and authorizing the Mayor to sign the grant agreement. The motion was seconded by Julie Peterson and passed 3-0. 4. State Homeland Security Office of Domestic Preparedness Grant-ACCEPT Fire Battalion Chief Pat Pawlak reviewed the purpose of the grant funding. Julie Peterson moved to recommend placing acceptance of the State Homeland Security Office of Domestic Preparedness Grant in the amount of$40,000 on the Consent Calendar of the May 3,2005 Council Meeting and authorizing the Mayor to j sign the grant agreement. The motion was seconded by Ron Harmon and passed 3-0. 5. Request to expend Emergency and Basic Life Support Ambulance Services Agreement monies-AUTHORIZE Fire Chief Jim Schneider reviewed the proposed use of funds collected from the agreement Ron Hai mon moved to recommend placing the authorization for the Fire Department to expend monies received fro ambulance companies as per Section 8 of the current Services Agreement on the Consent Calendar of the May 3,2005 Council Meeting. The motion was seconded by.Julie Peterson and passed 3-0. ' 6. Kent City Code 9.01.010 amendment—"Emergency management organization— Estabhshed"-ADOPT Fire Battalion Chief Pat Pawlak explained the purpose of the amendment. Julie Peterson moved to recommend placing adoption of an Ordinance of the City Council,amending section 9.01.010 of the Kent City Code entitled "Emergency management organization—Established" on the Consent Calendar of the May 3,2005 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. i 7. Resolution adopting the National Incident Management System—ADOPT Fire Battalion Chief Pat Pawlak explained the purpose of adopting this resolution Ron Harmon moved to recommend adopting the Resolution related to the adoption of the National Incident Management System and that the Resolution be placed on the Consent Calendar of the May 3,2005 Council Meeting and authorize the Mayor to sign. The motion was seconded by Julie Peterson and passed 3-0. 8. Substance Abuse Mental Health Services Administration grant application— AUTHORIZE Police Chief Ed Crawford introduced Debra LeRoy,R&D Analyst for the Police Department and explained the purpose of the grant opportumty. Julie Peterson moved to recommend applying for the Substance Abuse mental Health Services Grant in the amount of$1,026,794.00 and placing this on the Consent Calendar of the May 3,2005 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 9. Washington Traffic Safety Commission grant application—AUTHORIZE Police Chief Ed Crawford reviewed the purpose of the grant application Ron Harmon moved to recommend applying for the Washington Traffic Safety Commission(WTSC) grant in the amount of$5,000.00 and placing this on the Consent Calendar of the May 3,2005 Council Meeting. The motion was seconded by Julie Peterson and passed 3-0. 10. Washington Traffic Safety Commission grant—ACCEPT Police Chief Ed Ciawford reviewed the purpose of the grant funding. Julie Peterson moved to recommend accepting the Washington Traffic Safety Commission(WTSC) grant in the amount of$1,000.00 and placing this on the Consent Calendar of the May 3,2005 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 11. Fireworks in Dent—Update Police Chief Ed Crawford and Fire Chief Jim Schneider spoke about fireworks bans by surrounding cities and the potential for fire danger if the current drought conditions 1 continue. Both chiefs stated that their departments will be working together again this year on fireworks education and enforcement The meeting adjourned at 5:44 PM. o Thompson Administrative Assistant I Public Safety Committee Minutes 2 Apn121,2005 r 1 PUBLIC WORKS COMMITTEE MINUTES May 2, 2005 COMMITTEE MEMBERS PRESENT Committee Chair Bruce White and Committee Members Ron Harmon and Debbie Raplee The meeting was called to order at505PM. Approval of Minutes Dated April 18, 2005 Committee Member Ron Harmon moved to approve the minutes of April 18,2005. The motion was seconded by Debbie Raplee and passed 3-0 GeoEneineers, Inc. Contract Chad Bieren, Sr Project Engineer said Geotechmcal engineering services are required to complete work on the S 228`h Street Extension. Ron Harmon asked Chad to elaborate on the Riverview Blvd. Over Crossing Chad said the design for the over crossing should be complete this year and construction is scheduled for 2006 Debbie Raplee moved to recommend authorizing approval of a contract with GeoEngieers, Inc. in the amount of$37,600.66, for soil sampling, analysis and recommendations related to bridge retaining wall, and traffic signal foundation designs. The motion was seconded by Ron Harmon and passed 3-0. Puget Sound Energy Agreement—2005 Asphalt Overlay Proiect Mark Howlett, Design Engineering Supervisor gave a brief background of the project and stated that PSE would be responsible for the actual cost of their portion of the overlay project. Ron Harmon moved to recommend authorizing the Mayor to sign an agreement I with Puget Sound Energy for including the overlay of 124`h Ave SE, SE 282"d Way and 132nd Ave. SE in the City's 2005 Asphalt Overlay Project upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Debbie Raplee and passed 3-0. Puget Sound Energy—Easement Kent Station Proiect Mark Madfai, Sr Project Engineer said this item is to grant an easement for Puget Sound Energy for under-grounding utility facilities at Kent Station. Debbie Raplee moved to recommend authorizing the Mayor to execute the respective documents granting an easement for underground utility facilities at Kent Station. The motion was seconded by Ron Harmon and passed 3-0. Supplemental Temporary Use Agreement Stan Wade, Construction Engineering Manager said this agreement with Mowat I Construction is for use of City right of way to use as "lay down" area for storing steel and re-bar columns for the work Mowat Construction is doing on the 228`h Green River Bridge as well as a project they are working on for Tacoma jRon Harmon moved to recommend authorizing the Public Works Director to sign a Temporary Use Agreement for the lump sum of$1,100 to be paid to the City by the South 228i Green River Bridge contractor, Mowat Construction, for use of City t 2 z rights of way,for a project other than the aforementioned bridge. The motion was seconded by Debbie Raplee and passed 3-0. Pacific Highway South HOV Lanes Project—Noise Ordinance Requirements— Informational Only Tim LaPorte, Design Engineering Manager said this was a continuation of the information given at the last meeting Engineering does not anticipate a lot of work to be I done after the time limits established in the noise ordinance but it will be necessary for the contractor to perform some construction activities beyond these time periods in order to complete the work on schedule. Hij!hline Water District—Informational Only Larry R Blanchard, Public Works Director explained that the City will try to provide water in all of our service area The City has determined they can provide water to the new Riverview development, to incorporate the area being served by Kent the Highhne Water District Boundaries will need to be adjusted. Ron Harmon asked if the homes on Frager Rd and 216a'will be forced to abandon the community well they use Larry said the City has not done that in the past but if the property is re-developed they may have to. Ron asked if they could keep the well and hook up to City water. Larry said he would get back to the committee on that issue The meeting adjourned at 5 30 P.M. Janet Perschek Administrative Assistant CONTINUED COMMUNICATIONS r A. 1 1 t r 1 1 1 r r r r EXECUTIVE SESSION r 1 ACTION AFTER EXECUTIVE SESSION i 1 1 r r r r r r r r