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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/20/2006 • • • • • • • • • • • City of Kent 4 • City Council Meeting • Agenda 0 June 20, 2006 jMayor Suzette Cooke • Deborah Ranniger, Council President • Councilmembers • • Tim Clark Debbie Raplee • Ron Harmon Les Thomas • • Bob O'Brien Elizabeth Watson • • • • KENT • WASHINGTON • City Clerk's Office • • • • KENT CITY COUNCIL AGENDAS KEN T .tune 20, 2006 W^s H I N G T.ON Council Chambers • MAYOR Suzette Cooke COUNCILMEMBERS: Deborah Ranmger, President Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas Elizabeth Watson COUNCIL WORKSHOP AGENDA 5:30 p.m. S Item Description S eaker Time 1. Puget Sound Regional Council Vision 2020 Ben Bakkenta 30 min 2. King County Levee System Larry Blanchard 20 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 1 B. FROM THE PUBLIC— Citizens may request that an item be added to the agenda at this time. Please t��or ise our hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events 5 PUBLIC HEARINGS None • 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve ® B. Payment of Bills— Approve C. Vehicle and Equipment Surplus— Authorize D. LID 329—Traffic Signal at 74th Avenue S. & SR 516, Confirmation of Final • Assessment Roll— Set Hearing Date • E. Ramsay Way Street Improvement Project—Accept as Complete i (Continued) • • COUNCIL MEETING AGENDA CONTINUED • • F. F1exPass Program Agreement 2006-2007—Authorize • G. Washington Economic Development Finance Authority, Gree Garden Food Products, Inc Loan Approval, Resolution—Adopt 7 —L H. East Cofield Final Plat—Approve and Authorize (QUASI-JUDICIAL) • I. 4Culture Sustained Support Funding for Arts Commission—Accept and Amend • Budget J Excused Absence for Councilmembers Ranmger and Raplee—Approve • K. Riverview Community Church Bill of Sale—Accept L. West Valley Highway at 212th Bill of Sale—Accept • • 7 OTHER BUSINESS • Neti@cFr,�e ao • 8. BIDS A. Kent Transit Center Access Improvements • 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES • 10. CONTINUED COMMUNICATIONS • 11 EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION • • 12. ADJOURNMENT • • • i • • • • • • • • • NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the • Kent Library The Agenda Summary page and complete packet are on the City of Kent web site at www.ci kent.wa.us. • An explanation of the agenda format is given on the back of this page. • Any person regwnng a disability accommodation should contact the City Clerk's Office in advance at(253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service • at 1-800-833-6388. • Oy"6 N J T >,V dL L N O IL- 2 a 0 � O O C -O �O p v c L C O U ON d L AcE� A Nv° = 3aE >� ° So>c✓ o `vg vti o5 0 O C V C OC 'p �, u° N N '6 O G C v >-O �y ti N L c d y OT Us.d '- C �L--Op 3-C • V i � O � V •_ � � N y Ti C am— N C C� 'N N U rp 0 lyi T O O • E nvc = NVJO " E �-6 =Lv, E.c °-cEc� uCO�°nay av aCV Ju u OD- y o �'; iv .a ^' o � a,`� `'t� r 3 E �m • V G t C °L > T T O , O 1 W- u o v , cm a O Q L L J J N a u z W[ •• V aiU A'f0oi c� >> a E �ivAGJo v �.O v� � � i `'� caco Ev e • • -a A d N oa aT J�L u 3 J v c J o E E N �-p o E °� °.U� c. o c E c i- E °u u u • 24LLI � owe v��' Ey -°os �n� Ey Es E ai vJ�y O � v > >�sE ?` oL-Oa,Qy =zCc y L� � �:, o-a�i caU as 'Oo Vc gym = E oyu aN coo` U u cop oo � co N U O Y U U v L V j d p u Y y o f aui y V E E C d. ,Vn ... 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V u v 0 �n u u >O 2 OaLE 9 ti J C L L C 41— T C y p U CJ a y 41 Q^ a co �a � 3io v � = ��y3so ° C: LAJ .Y � i °� cv c Ecvnv clJ ° vv mm'L CL A u o NM E c a,o J = = a ti � a E 3 E s Q >O Q • • • • • • CHANGES TO THE AGENDA • • Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard • A) FROM COUNCIL, ADMINISTRATION, OR STAFF • • • • • B) FROM THE PUBLIC • • • • • • • • • • • • • • • • • • i • • • • • • • • • • PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS • CONSENT CALENDAR • 6. Citv Council Action Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through L. • Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of June 6, 2006. 6B. Approval of Bills. Approval of payment of the bills received through May 15 and paid on May 15 after auditing by the Operations Committee on June 6, 2006. Approval of checks issued for vouchers: Date Check Numbers Amount 5/15/06 Wire Transfers 2429-2446 $1,537,003 07 5/15/06 Prepays &Regular 593352-594079 41698,570 03 Use Tax Payable 2,043.76 $6,237,616.86 Approval of payment of the bills received through May 30 and paid on May 30 after auditing by the Operations Committee on June 6, 2006. Approval of checks issued for vouchers: Date Check Numbers Amount 5/30/06 Wire Transfers 2447-2462 $1,295,542 66 5/30/06 Regular 594080-594778 3,513,595.17 Use Tax Payable 1,81579 $4,810,953.62 r (next page) s • • • Approval of checks issued for payroll for April 16 through April 30 and paid on May 5, 2006: • Date Check Numbers Amount 4/25/06 Interim Check 290370 $ 10646 • 5/5/06 Checks 290371-290665 214,681.53 5/5/06 Advices 195819-196508 1,267,706.53 Total Regular Payroll $1,482,388 06 Approval of checks issued for pawl for May 1 through May 15 and paid on May 19, • 2006 • Date Check Numbers Amount • 5/15/06 Interim Check 290666 $ 164.67 • 5/19/06 Checks 290667-290973 210,390.81 5/19/06 Advices 196509-197202 1,279,835.69 Total Regular Payroll $1,4901226.50 • • Approval of checks issued for paw for May 16 through May 31 and paid on June 5, 2006: • Date Check Numbers Amount • 5/22/06 Interim Check 290974 $ 32968 • • 6/5/06 Checks 290975-291283 220,542 70 6/5/06 Advices 197203-197897 1,301,324 60 • Total Regular Payroll $1,521,867.30 • • • • • • • • • • • • Council Agenda • Item No. 6 A-13 • • • • • • • • • Kent City Council Meeting K E N T June 6, 2006 WASHINGTON • . The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. • Councilmembers present- Clark, Harmon, O'Brien, Raplee, Thomas and Watson Council President Ranniger was excused from the meeting. (CFN-198) • CHANGES TO THE AGENDA A. From Council, Administration, or Staff. (CFN-198) Items 6Z, 7B and an update on the . Critical Areas Ordinance appeal were added to the agenda • PUBLIC COMMUNICATIONS S B. Community Events. (CFN-198) Events mentioned by the Mayor and Council were the . Downtown Partnership Clean-Up, trails laid at Clark Lake, the cleanup of graffiti on 94th, and the Drinking Driver Task Force Kent CAPE event to be held on Saturday. C. Employee of the Month. (CFN-147) The Mayor announced that Kari Endicott of the Employee . Services Department has been chosen Employee of the Month for June, and presented her with a plaque. D Kent Diversity Advisory Board Appointment. (CFN-1127) Asad Hassan was introduced and • welcomed. CONSENT CALENDAR • CLARK MOVED to approve Consent Calendar Items A through Z. Raplee seconded and the motion • carved. • A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of May 16, 2006 were approved. • • B. Approval of Bills. (CFN-104) Numbers were not available for approval at this time. C. Pioneer Street Property Surplus. (CFN-239) The Mayor was authorized to sign all sale • documents related to the surplus of unneeded portions of city-owned property along Pioneer Street. • • D Vehicle and Equipment Surplus. (CFN-136) The vehicles and equipment described in the • Public Works Director's memo of May 10, 2006, were declared as surplus, and sale at the next public auction was authorized. • • E. Zoning Code Amendment, Administration of Development Regulations, Ordinance. (CFN-131) The City Attorney clarified that a second copy of the ordinance provided to Council- members by fax did not contain any language changes, and that only the underlining was added. • Ordinance No 3801, amending Chapter 12.01 of Kent City Code to correct and clarify city code • permit processing requirements and to add public notice requirements, as recommended by the • Planning & Economic Development Committee was adopted. • • • Kent City Council Minutes June 6, 2006 F. Review Overpass Art Proposal. (CFN-118) The Mayor was authorized to enter into an agree- ment with Carolyn Law for the Riverview Overpass Art Proposal in the amount of$55,000 and approve the expenditure of funds in the City Art Plan budget G Nextel Lease Agreement for Wireless Communications Equipment at West Fenwick Park. (CFN-118) The Mayor was authorized to enter into a lease agreement with Nextel West Corporation to install wireless communication equipment at West Fenwick Park, the monthly fee of$1,300 was accepted, and the expenditure of funds in the Light Pole Replacement budget was authorized. • H Morford Family Donation for Eagle Scout Plaques. (CFN-118) The donation of$1,500 from the Morford family to fund Eagle Scout recognition plaques was accepted and the expenditure of funds in the Eagle Scouts project budget was authorized. L Quota International Donation for Service Club Ballfields. (CFN-118) The donation of $5,000 from Quota International of Kent Valley in support of the Service Club Park development was accepted and the expenditure of funds in the Service Club Ballfields budget was authorized. J. Soroptimist Donation for Service Club Ballfields. (CFN-118) The $7,750 donation from Soroptimist International was accepted and the expenditure of funds in the Service Club Park budget was authorized K. American Legion Donation for Mill Creek Park. (CFN-118) The donation of$300 from the American Legion Post 15 to fund the installation of a gate and fence at Mill Creek was accepted and the expenditure of funds in the Life Cycle project budget was authorized. L. Interagency Committee for Outdoor Recreation Grant Application Resolutions for , Miscellaneous Parks. (CFN-118) Resolution Nos. 1721, 1722, 1723 and 1725 authorizing grant applications to the Interagency Committee for Outdoor Recreation Washington through the Wildlife and Recreation Program were adopted. Funds will be applied toward the development of 132nd Avenue Neighborhood Park, Eagle Creek Neighborhood Park, Riverview Community Park, and West Hill Neighborhood Park M. Interagency Committee for Outdoor Recreation Grant Application Resolution for Farmland Preservation. (CFN-118) Resolution No. 1724 authorizing the grant application to the • Interagency Committee for Outdoor Recreation, Washington Wildlife and Recreation Program through the Farmland Preservation Category was adopted. Funds will be applied toward the acquisi- tion of property adjacent to the Green River and across the river from Riverview Community Park. N. Kiwanis Club of Kent Donation. (CFN-122) The Kiwams Club of Kent donation in the amount of$450 to purchase prizes for the winner of the "Keep A Friend Alive"poster design contest was accepted. O. Washington Traffic Safety Commission Grant Anti-Dui Message. (CFN-122) The . Washington Traffic Safety Commission mini-grant in the amount of$799 to purchase 3,250 coffee • sleeves with an anti-DUI message for distribution at local coffee stands and community events was accepted 2 • Kent City Council Minutes June 6, 2006 P. Washington Traffic Safety Commission Grant"Click It Or Ticket." (CFN-122) The i Washington Traffic Safety Commission grant in the amount of$6,000 to fund officer overtime for the seat belt enforcement program entitled "Click It or Ticket" plus media and public education activities was accepted. Q. Washington Traffic Safety Commission Grant Proiect"Saferoad." (CFN-122) The Washington Traffic Safety Commission grant in the amount of$20,175 to purchase five (5) fixed • mount 18-inch speed advisory signs along identified high incident arterials and corridors in Kent was accepted. . R. Bureau of Justice Assistance Grant. (CFN-122) The Bureau of Justice Assistance FY 2006 grant in the amount of$29,312 to plan for a crime analysis function with the purchase of equipment, • supplies and training was accepted. S. State of Washington Department of Health, EMS Pre-hospital Participation Grant. i (CFN-122) The EMS Pre-hospital Participation Grant in the amount of$1,450 to assist the Fire • Department with meeting requirements to provide trauma care services to the public as a verified EMS and Trauma Pre-hospital service and to purchase respiratory face masks, hand wash stations (both for fire stations and apparatus), and information cards for the public, should an outbreak of the • flu occur was accepted T. Fire Station Exhaust Extraction System Purchase Agreement. (CFN-122) The Mayor was authorized to enter into an agreement with Air Exchange, Inc. to furnish the Plymovent vehicle exhaust extraction system for Station 74 in the amount of S52,812.84, excluding Washington State • Sales Tax, upon review by the City Attorney. U. Fire Stoppers Program Grant. (CFN-122) The grant from King County Fire and Life Safety Association in the amount of$2,500 to be utilized for mental health counseling services, educational imaterials, administration of the program and so forth, was accepted. V. Purchase of Four Apparatus Hoists. (CFN-122) The purchase of four Sterol-Koni model ST1072 hoist systems for the Fire Department's Vehicle Maintenance Division was authorized. • W. Purchase of Aid Car. (CFN-122) The Mayor was authorized to sign the contract for the purchase of an aid vehicle from Medtec on a sole source basis. i • X. State of Washington Military Department, Emergency Management Performance Grant. • (CFN-122) The Emergency Management Performance Grant from the Washington State Military Department and the Department of Homeland Security was accepted and the Mayor was authorized to sign the contract to receive grant funds in the amount of$65,312, which supplements local budget expenditures. Y. Kent Diversity Advisory Board Appointment. (CFN-1127) The Mayor's appointment of Mr. Asad Hassan to serve as a member of the Kent Diversity Advisory Board was confirmed. Mr Hassan will replace Ray Coleman, whose term expired His new appointment will continue until 9/30/08. i 3 • Kent City Council Minutes June 6, 2006 • • • ADDED ITEM Z Council Absence. (CFN-198) An excused absence from tonight's meeting for Council President Ranniger was approved. • OTHER BUSINESS • A. Neighborhood Programs Manager Position. Mayor Cooke stated that the City needs a regular • full-time position to achieve the Council's goals and targets relating to neighborhoods. She said the position will be in Administration and explained it's functions and funding. CLARK MOVED to • authorize the creation of a regular full-time Neighborhood Programs Manager position for the City of Kent Raplee seconded. Mayor Cooke answered questions from Councilmembers regarding new commercial developments, • how neighborhoods would contribute to the programs, neighborhood councils, Block Watch pro- grams, and how neighborhoods would be defined. It was clarified that the manager will be a • facilitator rather than an ombudsman. After Harmon called for the question, the motion to create the • position carried. • ADDED ITEM • B. Defining Neighborhoods. Councilmember O'Brien suggested holding public hearings on what constitutes a neighborhood and asked if access to neighborhoods for non-family uses should be • restricted. He voiced concern about the use of dwellings for rehabilitation The Mayor pointed out • that local, state and federal laws already exist, and said the new Neighborhood Programs Manager would not be involved other than to recognize the neighborhoods where such activities are taking • place. O'Brien agreed to hold an open forum rather than a public hearing Clark spoke about zoning and suggested taking this issue to the Planning and Economic Development Committee for a decision • as to how to gather information from the public and how to notify the public of what subject will be • discussed in the open forum. Mayor Cooke urged the public to contact the City with concerns on this matter. • BIDS • A. Municipal Parking Lot Demolition (between Smith and Harrison Streets). (CFN-118) The • bid opening was held on May 24, 2006, with nine (9) bids received The apparent low bid was • submitted by RL Clearing and Excavation, Inc. for the amount of$37,975.83, excluding Washington . State Sales Tax (WSST) The Engineer's estimate is $60,000, excluding WSST RAPLEE MOVED • to authorize the Mayor to enter into an agreement with RL Clearing and Excavating, Inc. to complete the Municipal Parking Lot Demolition Project for $37,975.83, plus Washington State Sales Tax. Harmon seconded and the motion carried. • B. Mill Creek Culvert Replacement. (CFN-1038) The bid opening for this project was held on • May 25, 2006, with six bids received. The low bid was submitted by Taggart Construction, Inc. in • the amount of$290,893 12. The Engineer's estimate was $303,236.48. RAPLEE MOVED to • authorize the Mayor to enter into an agreement with Taggert Construction, Inc. for the Mill Creek • Culvert Replacement at Chandler's Bay Apartments in the amount of$290,893.12. Harmon • seconded and the motion carried. • • • 4 • • • Kent City Council Minutes June 6, 2006 REPORTS • Public Safety Committee. (CFN-198) Thomas noted that the Committee will meet at 5:00 p.m. on June 15. Public Works Committee. (CFN-198) Raplee noted that the next Committee meeting will be at 5:00 p.m. on June 19, and that there will also be a meeting on July 3rd. Planninp_ and Economic Development Committee. (CFN-198) Harmon noted that the next meeting will be on June 19 at 4 00 p.m. i • Administrative Repots. (CFN-198) CAO Hodgson reminded the Council and public that the first meeting in July will be held on Wednesday, July 5, due to the holiday on July 4th City Attorney Brubaker then gave an update on the status of the critical areas ordinance, noting that millions of i dollars in funding may be lost because the City is considered to be out of compliance. EXECUTIVE SESSION • CAO Hodgson reminded Councilmembers of an Executive Session regarding two items of property negotiations. He stated that there will not be discussion of pending litigation and that the session should last approximately 20 minutes with no action anticipated afterward. ADJOURNMENT The meeting recessed to Executive Session at 8:03 p.m. and reconvened at 9:10 p in WATSON MOVED to adjourn. Thomas seconded and the motion carried. i • Brenda Jacober, CMC i City Clerk • 5 • Kent City Council Meeting Date June 20, 2006 Category Consent Calendar 1. SUBJECT: VEHICLE AND EQUIPMENT SURPLUS —AUTHORIZE 2. SUMMARY STATEMENT: Authorization for staff to "trade-in" the i tractor/mowers described in the Public Works Director memorandum for new • tractor/mowers purchased in the current year 3. EXHIBITS: Public Works Director memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ • Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: • Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director KENT Phone. 253-856-5500 WASHINGTON Fax' 253-856'6500. Address 220 Fourth Avenue S Kent,WA 98032-5895 i Date: May 30, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Coimittee Meeting Date June 5,2006 . From: Alice I. Conrad, Fleet Manager • Don MiIlett, Operations Manager Through: Larry Blanchard, Public Works Director k.,P,[p Subject: Vehicle and Equipment Surplus • Motion: ■ Required ❑ Not Required ❑ For htformation Only Authorize staff to use the below described equipment as "trade-in"value for new tractor/ mowers purchased in the current budget year. Will document be required? i ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Public Works Operations, Standard Operating Procedures, 10.0 Fleet. 10 6 Vehicle Replacement and Expected Life Cycle. Background/History: Vehicle/Equipment List: • 5327 1996 F ord New Holland Tractor with Side Arm M ower and extra m ower head, s/n 035480B, license 23826D, 10 yrs This tractor/mower has been assigned and heavily used by the Streets — Vegetation section. It has exceeded . our current replacement policy guidelines for 5-7 years. 5348 1996 F ord New Holland Tractor with Side Arm M ower and extra m ower head, s/n 36285B, license 238351), 10 yrs. This tractor/mower has been assigned • and heavily used by the Stomi — Vegetation section. It has exceeded our current • replacement policy guidelines for 5-7 years. P IPuM,cL4d o SvpV WCom.ve6Amm.Poge,f c 6525 1996 F ord New Holland Tractor with Side Arm M ower and extra in ower head, s/n 03545013, license 23825D, 10 yrs This tractor/mower has been extensively used by the Parks-Maintenance division. It has exceeded the current replacement policy guidelines for 5-7 years. All of the above tractors and side arm mowers have had major mower frame breakdowns within the last 3 years. Some parts for the mower are completely obsolete and/or only available through the manufacturer. Our last parts i inquiry resulted in a 3 week order wait period. The steel tubing for the hydraulics are starting to fatigue and leak hydraulic fluid. Summary: The listed vehicles/equipment comply with current replacement policy guidelines and will be used for"trade-in"value on new tractor/mower purchases. Recommendations: Recommend that the City Council authorize staff to "trade-in" the tractor/mowers described in this memorandum and listed above P VPaNcL4dmraSVIPWCa ,tie Loom Payzdm • ! Kent City Council Meeting • Date June 20, 2006 • Category Consent Calendar 0 1. SUBJECT: LID 329 —TRAFFIC SIGNAL AT 74TH AVENUE SOUTH & SR 516, CONFIRMATION OF FINAL ASSESSMENT ROLL— SET HEARING DATE • 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, 0 set July 18, 2006, as the public hearing date on the confirmation of the final assessment roll for LID 329 and direct the City Clerk to provide notice of the hearing as provided by law. 0 M 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: Public Works Committee 0 (Committee, Staff, Examiner, Commission, etc.) 0 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No . If no: • Unbudgeted Expense: Fund Amount $ 0 Unbudgeted Revenue: Fund Amount $ 0 6. CITY COUNCIL ACTION: .i Councilmember moves, Councitmember seconds 0 0 DISCUSSION. 0 ACTION: 0 Council Agenda 0 Item No. 6D 0 PUBLIC WORKS DEPARTMENT 0 Larry R. Blanchard, Public Works Director • KENT Phone 253-856-5500 • WASHINGTON Fax 253-856-e500 Address: 220 Fourth Avenue S. 0 Kent,WA 98032-5895 • Date: May 30, 2005 0 To: Chair Debbie Raplee and Public Works Committee Members 0 PW Commmittee Meeting Date- June 5,2006 From: Tim LaPorte, Design Engineering Manager Through: Larry Blanchard, Public Works Director L LLL���--- Subject. L.I.D. 329: Traffic Signal at 74"' Ave. South and SR 516 0 Public Hearing for Confirmation of Final Assessment Roll • Motion: ■ Required ❑ Not Required ❑ For Information Only • The Department of Public Works requests that the Committee recommend that the City i Council set July 18, 2006 for the public hearing on the confirmation of the final assessment 0 roll for L.T.D. 329. 0 Will document be required? 0 ■ Ordinance ❑ Resolution ❑ Agreement ❑ Contract 0 ❑ Policy ❑ SOP's ❑ Other 10 0 Governing Policies Procedures Rules & Regulations: 0 RCW's e i 0 Background/History: The Foster Industrial Park was platted in 1986. The property is located between SR167 and the Union Pacific Railroad along 74"' Avenue South between SR 516 and • the Green River. See attached map Jim Foster met with the City in December 1986 and requested that the City forth an L.I D. for the installation of a traffic signal at the intersection of 74' Ave. S. and SR 516, the main access to the industrial park. Resolution of Intent#1129 was . passed on April 1, 1987 and Ordinance 2722 was passed on May 5, 1987 forming the L.I.D. Initially the project was on hold since signal warrants were not met and we couldn't get a signal permit form WSDOT With development of the park and increased traffic flows, it appeared that . a permit could be obtained in 1998. That fall a signal consultant was hired for the design work. • Finally we received authorization to construct in 2002. A contract was awarded to Signal • P IN,N.cNAm,SApLPWCommu,eel4clo Prtgedm • Electric on April 21, 2003. The construction project was accepted as complete August 17, 2004. The next step is to schedule a public hearing and confirm the final assessments roll. i Summary: The project is complete and we are ready to confirm the final assessments. i Recommendations: The Department of Public Works requests that the Committee recommend that the City Council set July 18, 2006 for the public hearing on the confirmation of the final assessment roll for L.I.D. 329. P IP hticL4dming pIPWCommine6AcfmnPnge do • �- - I L WILLIS ST. (SRr516) • ( 1 PROPOSED SIGNAL AND ili__- i L- I� O INTERSECTION IMPROVEMENTS - - -' 20L - j-- -_-- -_- -\ 16 -- / LEGEND ASSESSMENT NUMBER LID PARCEL F- T - - - - - - • O CRY OF KENT ENGINEERING DEPARTMENT 400 W. 00WE ST KENT. WA. 960E2 WILLIS AND 74TH AVE. S. SIGNAL AND ROAD IMPROVEMENTS • KENT LID 329 MAP .. ,,. . . m SEPTEMBER. 2002 W • 9 O S Kent City Council Meeting • Date June 20, 2006 i Category Consent Calendar 1. SUBJECT: RAMSAY WAY STREET IMPROVEMENT PROJECT—ACCEPT AS COMPLETE • 2. SUMMARY STATEMENT: Accept the Ramsay Way Street Improvement project as complete, and release retainage in the amount of$468,129.47 to R.W. Scott Construction upon standard releases from the state and release of any liens. a 3. EXHIBITS: Public Works Director's 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 $ . Unbudgeted Revenue: Fund Amount $ i 6. CITY COUNCIL ACTION: i • Councilmember moves, Councilmember seconds i DISCUSSION: • ACTION: Council Agenda Item No. 6E PUBLIC WORD'S DEPARTMENT • Larry R. Blanchard, Public Works Director • KEN T Phone.253-856-5500 • WP.SHINGTON Fax 253-856-6500 • Address- 220 Fourth Avenue S Kent,WA 98032-5895 Date: May 9, 2006 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 5, 2005 From: Peter Tenerelli, Field Engineer Through: Larry Blanchard, Public Works Director Wv • Subject: Final Project Approval - Ramsay Way, Street Improvement (4th Ave. Temperance St.) • Motion: ■ Required ❑ Not Required ❑ For Information Only Authorize City Council to accept as complete the Ramsay Way, Street Improvement project and release retainage to R.W. Scott Construction upon standard releases from the state and release of any liens. The original contract amount was $409,945. The final contract amount was $468,129.47 Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Final Contract ❑ Policy ❑ SOP's ❑ Other • Governing Policies Procedures Rules &Regulations: S • Background/History: The Ramsay Street Improvement project was initiated to complete the storm water system, curb, gutter, sidewalk, street paving and landscaping for the Kent Station Economic Development Project. The original Award Amount was $409,945. The actual Ramsay Way portion of the total "project" (above) was constructed for $400,738 or . approximately 2% under budget. Another$67,392 of work was added to remove and replace the curb, gutter and sidewalk adjacent to City Hall on the east side of Fourth Ave. from Titus to • Gowe ($47,888) and to remove and replace defective sidewalk adjacent to the new Valley Bank. ($19,504) a portion of which will be reimbursed to the City. All totaled, the final contract cost is . $468,129 47 or approximately 14% over budget. Summary: There are funds available to defray these additional expenses. Recommendations: Recommend the project be accepted. • PWuMrcUAmurSuPIP14'CommurceUcllonPnge do CHANGE ORD ER SCENT WASHINGTON Date: 4/19106 Change Order No.: 2 • City Project Name. RAMSAY WAY STREET IMPROVEMENTS X Ordered by the Engineer under terms of Section 1-04.4 of the Project Specifications. X Change proposed by the Contractor. Endorsed by: R.W. SCOTT CONSTRUCTION, INC. Contractor Firm Name Signature: / • Authorized Signature Date • DESCRIP T ION OF WORK AND REASON FOR CHANGE ORDER You are ordered to perform the following described work upon receipt of an approved copy of this . Change Order of previous written authorization describing tlic substance of this order: 2 #001 Replace Curb, Gutter, and Sidewalk along 4`h Ave. Between Titus and Gowe. Cost for this work shall be I LS @ $47,887.70. Reason: Existing Curb was to low. Cost .....................................................................................$47,887.70 2 9002 Replace Sidewalk at Valley Bank. Cost for this work shall be I LS @ $19,504.00 • Reason: Existing Sidewalk did not meet ADA Standards. Cost .....................................................................................$19,504.00 TOTAL CHANGE ORDER...................................... $67,391.70 r In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications,the • Contractor accepts all requirements of this change order by signing where indicated. Further, the Contractor agrees to waive any protest or claim it may have regarding this change order and acknowledges and accepts that this change order constitutes full pays nent and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this change order,including,without limitation,claims related to contract time,onsite or home office i overhead, or lost profits. The Contract change order, unless otherwise provided therein, does not i relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. CITY USE Original Contract Current Contract Net Change Amount: Amount: This Order: $ 409,945.00 $414,006.00 $ 67,391.70 Estimated Contract Total After Change Order: i $481,397.70 Original Contract Estimated Extension of Contract Total Extension of Contract Time: Time Due to This Change Order: Time After This Change Order: Days: Days: 0 Days: 0 • Total Contract Time: Days: 71, Approval Recommended By/ / V l ° Design Engin r Construction Manager • Approved by: i Larry R. Blanchard Date Public Works Director . R90050co2 01-3010 • • • • Kent City Council Meeting • Date June 20, 2006 . Category Consent Calendar 1. SUBJECT: FLEXPLAN PROGRAM AGREEMENT 2006-2007 —AUTHORIZE • • 2. SUMMARY STATEMENT: Authorize the Mayor to sign the F1exPass Program Agreement for 2006-2007. This agreement is made between the City and King County, • Sound Transit and Pierce Transit to order to provide a comprehensive transportation pass available to 407 regular benefited employees. The total cost of this agreement is • $2,283 00 • • • • • • • 3. EXHIBITS: FlexPass Program Agreement 2006-2007 • . 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) • 5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No • If no: . Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ • 6. CITY COUNCIL ACTION: • Councilmember moves, Councilmember seconds • • • • DISCUSSION: • ACTION: • Council Agenda • Item No. 6F • • AGREEMENT FOR SALE OF FLEXPASSES BETWEEN KING COUNTY,SOUND • TRANSIT, PIERCE COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION AND THE CITY OF KENT • This Agreement(hereinafter,"Agreement")is made and entered into by and between King County(hereinafter individually, "KING COUNTY"), Sound Transit(hereinafter"SOUND TRANSIT"),Pierce County Public • Transportation Benefit Area Corporation(hereinafter PIERCE TRANSIT"),or collectively referred to hereinafter as "TRANSPORTATION PARTIES",and the City of Kent(hereinafter,"CITY") • RECITALS . A. CITY and TRANSPORTATION PARTIES share the desire to provide a comprehensive transportation pass program that will reduce single occupant vehicle(SOV)commute trips and improve the mobility of CITY • employees • B. KING COUNTY, SOUND TRANSIT and PIERCE TRANSIT are authorized to provide public transportation and generally promote alternatives to SOV commuting in King County,Pierce County and Snohomish County. C. CITY has a desire to provide incentives and benefits to its employees,which promote non-SOV commuting to its worksite D. CITY and TRANSPORTATION PARTIES desire to create a single pass media that can be used to access a • variety of services and benefits, which enable CITY employees to commute,by non-SOV modes. AGREEMENT . NOW,THEREFORE,in consideration of the terms,conditions and covenants herein contained,the sufficiency of • which is hereby acknowledged,the parties hereto agree to the following i PURPOSE . 11 Purpose This Agreement establishes a cooperative arrangement between TRANSPORTATION PARTIES and CITY for sale . and distribution of F1exPasses to CITY's Eligible Employees at the rate set forth herein 2. DEFINITIONS . 2 1 Eligible Employees • Eligible Employees shall mean only those employees of the CITY who meet the following criteria: All CTR-Affected employees 22 FlexPass Card • A FlexPass Card is a pass of predetermined duration,usually twelve(12)months,that allows each Eligible Employee,as defined in Paragraph 2 1,to choose from a variety of non-SOV commute options provided by CITY • or TRANSPORTATION PARTIES Each FlexPass Card shall bear the inscriptions"FlexPass", each TRANSPORTATION PARTIES' logo or an agreed to regional logo,and beginning and expiration dates in a design and color scheme mutually agreed upon by TRANSPORTATION PARTIES FlexPass Cards shall also bear a fare amount on the face of the card, the amount of which shall be agreed upon by TRANSPORTATION PARTIES prior . to the start of this Agreement FlexPass Cards shall be produced by TRANSPORTATION PARTIES or their • designated contractor CITY shall pay the amount specified in Attachment A for production of FlexPass Cards FlexPass Card's are non-refundable by TRANSPORTATION PARTIES, except as set forth in Paragraph 8 2 Eligible Employees may be asked to present a valid CITY identification card when using a FlexPass. • 23 Trip Revenue • In the event of a generally applicable fare increase adopted by KING COUNTY, SOUND TRANSIT or PIERCE TRANSIT,the amounts shown in Attachment A may be increased at such time as a generally applicable fare increase is implemented by KING COUNTY, SOUND TRANSIT or PIERCE TRANSIT, and CITY shall be • required to pay the amount of such increase to the appropriate TRANSPORTATION PARTY 3. EMPLOYEE CONTRIBUTIONS AND COMMUTE BENEFITS AND INCENTIVES 3.1 Eligible Employee Contributions CITY may require Eligible Employees to contribute toward the cost of a FlexPass Card, in the amount specified in Attachment A CITY shall not require Eligible Employees to contribute more than fifty percent(50%)of the cost of . an individual FlexPass Card, as set forth in Attachment A. • FlexPass Agreement Page 1 of 10 • City of Kent • July 1,2006—June 30,2007 • 4 CITY RESPONSIBILITIES • 4.1 Eligible Recipients Of A FlexPass Card • CITY shall ensure that only Eligible Employees,as defined to Paragraph 2 1,receive FlexPass cards • 42 Ordering FlexPass Cards CITY shall provide to TRANSPORTATION PARTIES' representative,as listed in Section 16,the number of . FlexPass Cards that CITY shall provide to Eligible Employees The number of FlexPass Cards shall be listed in Attachment A CITY shall allow TRANSPORTATION PARTIES at least four(4) weeks in advance of the cards' effective date to fulfill the request for FlexPass Cards CITY understands that failure to provide the number of FlexPass Cards desired at least four(4)weeks in advance, may incur additional and extraordinary costs Such costs may be related to,but are not limited to,overtime staffing,additional manufacturing charges and express delivery • charges. These additional and extraordinary charges shall be home solely by CITY 4.3 Ordering Additional FlexPass Cards . CITY shall retain the right to purchase additional FlexPass Cards for distribution to Eligible Employees,over and above the number specified in Attachment A,during the term of this Agreement CITY shall allow TRANSPORTATION PARTIES at least four(4)weeks to fulfill the request for additional FlexPass Cards . Requests shall be made to the TRANSPORTATION PARTIES' representative,as listed in Section 16 The cost for . a single additional FlexPass Card shall be the Monthly Rate For Additional FlexPass Cards specified in Attachment A,times the number of months remaining in the Agreement. • 44 Receipt And Security Of FlexPass Cards CITY agrees that all FlexPass Cards received from TRANSPORTATION PARTIES shall become the sole financial • responsibility of CITY upon receipt and signature by an employee,official or agent of CITY CITY agrees that it is solely responsible for providing proper storage and security measures for any and all FlexPass Cards received by CITY while in the custody of CITY CITY shall be held liable for the equivalent value of a combination King • County/Sound Transit/Pierce Transit fare for each month remaining in this Agreement for each FlexPass Card that • CITY cannot account for,either by distribution to an Eligible Employee, storage in a secure area, for each FlexPass Card not collected from an Eligible Employee who terminates their employment with CITY or otherwise becomes • ineligible to receive and use a FlexPass Card under the terms of this Agreement, or for each FlexPass Card CITY . cannot return to TRANSPORTATION PARTIES upon termination of this Agreement,as specified in Section 8. 45 Reporting • CITY shall immediately report to each of the TRANSPORTATION PARTIES any FlexPass Cards that are lost, • stolen,damaged or otherwise not functioning properly in TRANSPORTATION PARTIES' transit coaches' • electronic registering fareboxes CITY shall return any and all FlexPass Cards to TRANSPORTATION PARTIES that CITY believes to be defective CITY shall report to TRANSPORTATION PARTIES all FlexPass usage, ` changes to CITY's transportation program or other details as necessary 4.6 Roster Of FlexPass Card Recipients CITY shall maintain a roster of Eligible Employees who have been provided a FlexPass Card by CITY Upon • demand,CITY shall provide each TRANSPORTATION PARTY a copy of the roster 4.7 FlexPass Employee Use Agreement Form • Each Eligible Employee who receives a FlexPass Card from CITY shall be required to read,sign and return to their employee transportation coordinator or department supervisor,an agreement form stipulating the uses and • conditions of a FlexPass Card The Employee Use Agreement Form,as set forth in Attachment B ,is deemed • mutually acceptable to both CITY and TRANSPORTATION PARTIES Use Agreement Forms shall be kept on file by CITY for the term of this Agreement 48 Collection of FlexPass Cards • CITY shall return to TRANSPORTATION PARTIES all FlexPass Cards issued to CITY within five(5)days of the S effective date of termination of this Agreement CITY shall be held liable for the equivalent retail value of a combination King County/Sound Transit/Pierce Transit fare for each month remaining in this Agreement for each FlexPass Card not returned to TRANSPORTATION PARTIES upon termination of this Agreement , FlexPass Agreement Page 2 of 10 • City of Kent • July 1,2006—June 30,2007 • • • • • 49 Collection of Transit Ridership Data CITY shall survey,or otherwise collect from CITY's Eligible Employees,any and all necessary daily transit • ridership and commute data that TRANSPORTATION PARTIES deem necessary to accurately and fairly estimate • Trip Revenue and the number of bus trips taken by Eligible Employees TRANSPORTATION PARTIES shall provide to CITY a mutually agreed upon survey instrument or other suitable means in which to collect the most • current and accurate ridership and commute data possible • 4 10 FlexPass Program Evaluation • CITY shall participate in any TRANSPORTATION PARTIES' evaluation of the FlexPass program,should such an • evaluation be deemed necessary by any of the TRANSPORTATION PARTIES Evaluation may be through such means as employee surveys,employee focus groups,and management interviews TRANSPORTATION PARTIES . shall provide CITY at least thirty(30)days advance notice prior to beginning such an evaluation • 4.11 Home Free Guarantee . CITY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the • terms attached hereto and made part hereof as Attachment C • 412 Vanpool Services . The amount of the vanpool fare subsidy for each Eligible Employee shall be stated in Attachment A If actual vanpool fares incurred by an Eligible Employee exceed the amount of the subsidy specified in Attachment A,the • Eligible Employee shall pay the difference directly to the vanpool bookkeeper • 5. TRANSPORTATION PARTIES RESPONSIBILITIES • 5.1 Transit Access TRANSPORTATION PARTIES shall allow each CITY Eligible Employee displaying a valid FlexPass Card to ride • on all parts of its regular route transportation system without additional charge, for trips up to the value printed on the card TRANSPORTATION PARTIES shall honor each FlexPass Card issued under this agreement up to the • expiration date on the Card or until this agreement is otherwise terminated TRANSPORTATION PARTIES reserve the right to request additional payment at the time the transit trip is taken, if the cost of a trip on any TRANSPORTATION PARTY's regular transit service exceeds the fare value printed on the FlexPass Card FlexPass Cards are not valid on any Husky,Mariners, Fourth of July,Tacoma Dome Station event parking,or other . special event service at the sole discretion of TRANSPORTATION PARTIES. ! 5.2 FlexPass Card Administration • TRANSPORTATION PARTIES' Designated Representative shall manage production,ordering,replacement and . delivery of FlexPass Cards to CITY,and other administrative tasks related to the FlexPass Card under this Agreement,other than those responsibilities stated as CITY responsibilities in Section 4 • 53 Replacement FlexPass Cards TRANSPORTATION PARTIES shall replace,at no additional cost to CITY,any FlexPass Cards deemed to be • defective or otherwise unusable or inoperative CITY maybe issued temporary passes until TRANSPORTATION • PARTIES can manufacture and deliver replacement FlexPass Cards TRANSPORTATION PARTIES shall replace a lost or stolen FlexPass Card only once at a charge of$50 per replacement card • 54 Confiscation of FlexPass Cards ! In addition to any other rights under law,TRANSPORTATION PARTIES reserve the right to cancel and confiscate • a FlexPass Card which is used out of date,altered,duplicated,counterfeited,transferred or distributed to unauthorized persons or otherwise invalid under the terms of this Agreement • 55 Collection Of Transit Ridership Data • TRANSPORTATION PARTIES shall provide to CITY,at no additional cost to CITY,a mutually agreed upon survey instrument or other suitable means in which to collect and measure the most current and accurate transit . ridership and commute data of CITY's Eligible Employees In addition,TRANSPORTATION PARTIES shall pay • for all costs incurred in processing this survey instrument, but not costs incurred by CITY in distributing to and collecting from Eligible Employees, this survey instrument TRANSPORTATION PARTIES shall make available to CITY,all data collected from CITY's Eligible Employees • • FlexPass Agreement Page 3 of 10 • City of Kent • July 1,2006—June 30,2007 56 Home Free Guarantee KING COUNTY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance • with the terms attached hereto and made part hereof as Attachment C • 5 7 Vanpool Services KING COUNTY shall allow each Eligible Employee holding a FlexPass Card to register as a vanpool participant • subject to the availability of vanpool vehicles and minimum ridership requirements The FlexPass Card will be honored as full or partial payment of vanpool fares,up to the amount specified in Attachment A 6 PAYMENTS AND BILLING 61 Payment For This Agreement • CITY agrees to pay TRANSPORTATION PARTIES the total amount stated in Attachment A for participation in . TRANSPORTATION PARTIES' FlexPass program KING COUNTY and PIERCE TRANSIT shall present an • invoice for amounts due to CITY's representative listed in Section 16 Payment shall be made in full by CITY according to the terms listed on the invoice, unless a payment schedule is mutually agreed upon by both parties and • incorporated into this Agreement, in Attachment A KING COUNTY shall invoice CITY for the amount(s)due for • SOUND TRANSIT for additional FlexPass Cards purchased by CITY 6.2 Late Payment Penalty If any scheduled payments are not made by their due date, then the entire amount due under this Agreement may become immediately due and payable Any late payment shall be subject to a penalty accruing at the maximum rate • allowable by state law for each month that the payment remains due If any check made payable to any of the • TRANSPORTATION PARTIES by CITY is returned to a TRANSPORTATION PARTY for insufficient funds (NSF)in CITY's checking account, then CITY shall be assessed a$25 (twenty-five)penalty by the TRANSPORTATION PARTY receiving the NSF check 7. TERM OF AGREEMENT . 71 Term • This Agreement shall take effect upon the exact day and expire on the exact day specified in this paragraph, unless terminated in accordance with the terms set forth in Section 8 This Agreement shall take effect at 12 00 a in on July 1,2006 and shall expire at 11 59 p in on June 30, 2007 8 TERMINATION • 8 1 Termination For Cause Any party may terminate this Agreement in the event the other fails to perform its obligations as described in this • Agreement by providing written notice not less than fourteen(14)days prior to the effective date of termination. . 8.2 Termination For Convenience • Any party may also terminate this Agreement for convenience and without cause by providing the other party with • written notice not less than sixty (60) days in advance If CITY has made payments in advance,CITY shall be entitled to reimbursement from each TRANSPORTATION PARTY for each valid FlexPass Card returned to • TRANSPORTATION PARTIES Such reimbursement shall beat the monthly rate set forth in Attachment A for • the full months remaining in the term of the Agreement If CITY has accrued additional financial obligations to any TRANSPORTATION PARTY as a result of the provisions of this Agreement,either prior to termination or as a result of termination,CITY agrees to pay any outstanding amount due to the TRANSPORTATION PARTY The TRANSPORTATION PARTY shall invoice • CITY for the amount due according to the procedures outlined in Section 6 9 RECORDS . 9 1 Rights Of Review • Both CITY and TRANSPORTATION PARTIES shall retain the right to review records and documents related to this Agreement If a records review is commenced more than sixty(60)days after the termination of the contract, , the TRANSPORTATION PARTY requesting the review shall give ten(10)days notice to CITY of the date on . which the records review will begin FlexPass Agreement Page 4 of 10 • City of Kent July i,2006—June 30,2007 • . 10 SUCCESSORS AND ASSIGNS 101 Written Approval . This Agreement and all terms,provisions, conditions and covenants hereof shall be binding upon the parties hereto and their respective successors and assigns All parties,however,agree that they will not assignor delegate the duties to be performed under this Agreement without prior, written approval from the other parties • 11 LEGAL RELATIONS 11 1 No Partnership And No Third Party Beneficiaries CITY and TRANSPORTATION PARTIES agree that this Agreement does not create a partnership or joint venture relationship between the parties, and does not benefit or create any rights in a third party • 112 Force Majeure • TRANSPORTATION PARTIES shall be excused from performance of any responsibilities and obligations under this Agreement,and shall not be liable for damages due to failure to perform,resulting directly or indirectly from causes and circumstances beyond their control, including but not limited to late delivery or nonperformance by • vendors of materials or supplies, incidences of fire, flood,snow,earthquake or other acts of nature,accidents,riots, insurrection, terrorism,acts of war,order of any court or civil authority, and strikes or other labor actions • 11 3 Costs of Legal Action CITY shall be liable for any and all reasonable attorney fees,court costs and other expenses incurred by TRANSPORTATION PARTIES in the event TRANSPORTATION PARTIES pursue legal action to obtain the • return of any FlexPass Cards or amount owing under this Agreement • 12. APPLICABLE LAW,FORUM 12.1 Terms This Agreement shall be governed by and construed according to the laws of the State of Washington Nothing in . this Agreement shall be construed as altering or diminishing the rights or responsibilities of the parties as granted or imposed by state law In the event that any litigation may be filed between the parties regarding this Agreement, . CITY and TRANSPORTATION PARTIES agree that personal jurisdiction and venue shall rest in the Superior • Court of the county where the TRANSPORTATION PARTY pursuing the action resides 13 DISPUTES . 13 1 Dispute Resolution Procedure • All claims or disputes arising out of or relating to this Agreement shall be referred to a panel consisting of CITY's Benefits Manager, KING COUNTY's General Manager,Transit Division, SOUND TRANSIT's Executive • Director,PIERCE TRANSIT's Chief Executive Officer or their designees If this panel is unable to reach a mutually acceptable resolution, it shall appoint another person to serve as mediator • in the effort to resolve the claim or dispute Such mediation shall be required before an action may be filed to adjudicate the claim or dispute in a court of law • • 14 ENTIRE AGREEMENT AND AMENDMENT 141 Entire Agreement • This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, • representations and agreements between the parties relating to the subject matter hereof • 142 Amendments And Modifications • This Agreement may be amended or modified only by written instrument signed by the parties hereto • 15 SAVINGS 151 Definition Should any provision of this Agreement be deemed invalid or inconsistent with any federal,state or local law or regulation,the remaining provisions shall continue in full force and effect All parties agree to immediately attempt . to renegotiate such provision that is invalidated or superseded by such laws or regulations • FlexPass Agreement Page 5 of 10 • City of Kcnt • July 1,2006—June 30,2007 • 16 CONTACT PERSONS • 16.1 Definition CITY and TRANSPORTATION PARTIES shall designate a contact person for purposes of sending mquines and . notices regarding the execution and fulfillment of this Agreement,as well as ordering of all fare media and vouchers CITY OF KENT KING COUNTY, FLEXPASS CARD • ORDERS & RETURNS • Contact Name Ellen Bradle -Mak Jeffrey K Won Title Human Resources Analyst Transit Planner Address City of Kent King County Metro Transit 220 Fourth Avenue S 400 Yesler Way, MS-YES-TR-0600 Kent, WA 98032-5895 Seattle, WA 98104 . Telephone 253-856-5297 206-263-3452 • Fax 253-856-6270 206-684-2058 E-Mail ebmak((�ci kept wa us Jeff-mkt-dev won metroke gov SOUND TRANSIT PIERCE TRANSIT . Contact Name Christie Parker Daphne Tackett • Title Policy Analyst Community Services Manager Address Sound Transit Pierce Transit • 401 S Jackson Street PO Box 99070 Seattle, WA 9 8 1 04-2 826 Lakewood, WA 98499-0070 Telephone 206-398-5405 253-581-8037 • Fax 206-689-3376 253-984-8227 . E-Mail parkerc@soundtransit.org dtackett iercetransit org 17 EXECUTION OF AGREEMENT • 171 Definition This Agreement shall be executed in three(4)counterparts,each one of which shall be regarded for all purposes as one original In Witness Whereof,the parties have executed this Agreement as of the date first written above CITY OF KENT KING COUNTY BY BY . Victor Obcso . Title Mayor Title Manager,Transit-Service Development • Date- Date • PIERCE TRANSIT SOUND TRANSIT BY King County per Agent Agreement • BY Daphne Tackett • Title Community Services Manager Date • • FlexPass Agreement Page 6 of 10 • City of Kent • July I,2006—June 30,2007 • FlexPass Agreement Attachment A - Agreement Costs Company City of Kent Start Date July 1, 2006 Area FlexPass zone South King County Agreement Year# 6 Quantity Rate ($/card) Cost King County • Transit access 407 $41.20 $ 16,768.40 • Home Free Guarantee • (Up to 8 rides/employee/agreement) • • Up to $65 per month per vanpooler • Up to $20 per month for Vanshare • FlexPass card administration • Commuter Bonus Plus voucher pool 1 pool 56,105 00 Included . 407 of FlexPass cards x $15.00 • Additional Van pool subsidy fund 1 $14,200.00 $ 14,200 00 King County-provided incentives 0 $0 00 $ 0.00 Total—Kin Count " " $ 30,968.40 Sound Transit • • Transit access 407 $25.92 $ 109549.44 Pierce Transit • Local transit (bus) access 407 $1.88 $ 765.16 Total — FlexPass Agreement $ 427283.00 Number of FlexPass Cards issued under this Agreement = 407 • Payment Schedule = '/2 in 60 and 180 days. Eligible Employee Contribution (per employee) = 50% of pass cost Monthly Rate for ONE Additional FlexPass Card • * Monthly Rate for ONE Additional FlexPass Card $4.28 • * Plus Card Production and Administration fee = $2.60 per card (Note: Calculation based on $41.40 or$51.40/12 months + $2.60 per card. The Monthly rate does not include Commuter Bonus Plus vouchers.) Allocation: King County = $1.96 Sound Transit = $2.16 • Pierce Transit = $0.16 • FlexPass Agreement Page 7 of 10 City of Kent • July I,2006—June 30,2007 • FlexPass Agreement— Attachment B , Sample Employee Use Agreement Form • CITY OF KENT FlexPass Use Agreement As a FlexPass holder, I agree to the following: . 1. The FlexPass is a benefit provided to me as an employee and is to be used only during the period I am employed by my employer. • 2. I will use my FlexPass for my own transportation only. I will not transfer my FlexPass to any other person. . 3. I will keep my FlexPass secure and in good condition. I will immediately report a lost, stolen or damaged FlexPass to the Transportation Coordinator. I understand a lost FlexPass . will be replaced only once per year at a charge of$50.00. A non-working FlexPass will be • replaced free of charge 4. 1 will return my FlexPass upon request or when I leave my employment with this company. If I do not return my FlexPass, I authorize the amount of$144 00, for each whole and partial month remaining on the FlexPass, to be withheld from my paycheck. 5. I understand that the FlexPass card is valid for up to $65 per month on King County Metro • vanpools only. I am responsible for the balance of the vanpool fare each month, payable to the vanpool bookkeeper, which is in excess of the $65 amount. • I acknowledge the receipt of my FlexPass, and understand and agree to the terms stated above on using the FlexPass Employee's Signature Date Employee's Printed Name FlexPass Serial # Employee's Department or Section Transportation Coordinator Use Only - FlexPass returned. • Employee's Signature Date FlexPass Serial # • FlexPass Agreement Page 8 of 10 • City of Kent • July I,2006—June 30,2007 . . FlexPass Agreement Attachment C — Home Free Guarantee Home Free Guarantee(hereinafter,"HFG") is a KING COUNTY program that guarantees payment for taxi fares . incurred by Eligible Employees who meet the eligible criteria,as set forth below, and taken in accordance with the • terms set forth below • C 1 DEFINITIONS CA 1 Approved Commute Modes • Eligible Employees must have commuted from their principal residence or Park&Ride to the CITY's worksite by one of the following modes Bus,carpool, vanpool,walk-on or btcycle-on ferry,bicycle,or walk . C 12 Eligible Reasons For Using HFG • The following are the only eligible reasons for using HFG a Eligible Employee's or family member's unexpected illness or emergency • b Unexpected schedule change such that the normal commute mode is not available for the return commute . to the starting place of their commute Unexpected means the employee learns of the schedule change that day ic Missing the employee's normal return commute to the starting place of their commute for reasons,other • than weather or acts of nature which are beyond the employee's control,and of which they had no prior knowledge For example,the employee's carpool driver left work or worked late unexpectedly • . CA 3 Non-Eligible Reasons For Using HFG Reasons which are not eligible for HFG use include,but are not limited to,the following. • a Pre-scheduled medical or other appointments • b To transport individuals who have incurred injury or illness related to their occupation An HFG nde should NEVER be used where an ambulance is appropriate,nor should an HFG ride replace CITY's legal responsibility under workers' compensation laws and regulations c. Other situations where, in the opinion of the CITY's Program Coordinator, alternate transportation could have been arranged ahead of time • C 1.4 Eligible Destinations For An HFG Ride a From the CITY's worksite to the Eligible Employee's principal place of residence. • b. From the CITY's worksite to the Eligible Employee's personal vehicle, e g vehicle located at a Park& . Ride lot c. From the CITY's worksite to the Eligible Employee's usual commute ferry terminal on the east side of • Puget Sound CA 5 Intermediate Stops • Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the • Eligible Employee and are authorized in advance of the HFG ride by the CITY's Program Coordinator(i a pick up a necessary prescription at a pharmacy,pick up a sick child at school) • C.2 CITY RESPONSIBILITIES • C 2 1 HFG Program Payment • CITY's payment for HFG services is accounted for in the base price of the FlexPass Agreement,as indicated in Attachment A • C.2 2 Program Coordinator CITY shall designate as many Program Coordinators as necessary to administer and perform the necessary HFG • program tasks as set forth in this Attachment • C 2 3 Number Of HFG Rides Per Eligible Employee • CITY shall ensure that each Eligible Employee does not exceed eight(8)HFG rides per twelve(12)month period. • • FlexPass Agreement Page 9 of 10 . City of Kcnt • July I,2006—June 30,2007 • FlexPass Agreement Attachment C — Home Free Guarantee (continued) • C 3 HFG Program Tasks C 3 1 Process • To access HFG rides,Eligible Employees shall contact the Program Coordinator The Program Coordinator shall • call directly an answering service prodder,contracted for by KING COUNTY The phone number shall be supplied to CITY by KING COUNTY CITY agrees to make information about how to access HFG rides available • to all Eligible Employees Program Coordinator shall obtain the following information from the Eligible Employee, and provide the information to the answering service provider . a Verify the Eligible Employee has commuted to the worksite by an eligible mode. b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride • c Ensure the Eligible Employee has valid identification to show the taxi driver d Once an Eligible Employee takes the emergency taxi ride,obtain from the Eligible Employee a receipt of • the taxi trip e CITY's Program Coordinator shall forward copies of such receipts to KING COUNTY at the end of each • month for record keeping and accounting purposes • f The answering service provider will arrange taxi rides for the Eligible Employee. C 4 KING COUNTY RESPONSIBILITIES C 4 1 Participating Taxi CITY(s) CITY agrees that neither KING COUNTY or answering service provider is responsible for providing transportation . services under the HFG program CITY further agrees that KING COUNTY makes no guarantee or warranty as to the availability,quality or reliability of taxi service,and that the KING COUNTY's sole obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the terms of this • Agreement CITY agrees it shall make no claims of any kind or bring any suits of any kind against the KING • COUNTY for damages or injuries of any kind arising out of or in anyway related to the HFG program Without limiting the foregoing and by way of example only,the CITY agrees that KING COUNTY shalt not be liable for any injuries or damages caused by negligence or intentional acts occurring before,during or after a taxi ride or for • any injuries or damages caused by failure of a taxi to provide a ride due to negligence, intentional acts or causes beyond the taxi's control, including but not limited to incidence of fire, flood,snow,earthquake or other acts of nature,riots,insurrection,accident, order of any court or civil authority,and strikes or other labor actions CA 2 Payment Of Authorized HFG Taxi Fares • KING COUNTY shall pay the metered fare amount of a CITY's Program Coordinator-authorized HFG ride,as • defined in the DEFINITIONS section above, for a one-way distance of up to sixty(60)miles CITY or Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in excess of sixty(60)miles KING . COUNTY shall not pay any taxi driver gratuity Taxi driver gratuity will be at the sole discretion of CITY or the Eligible Employee taking the HFG ride CA 3 Reporting • KING COUNTY shall keep a complete record of all authorized HFG ride requests and provide a copy of this record • to CITY's designated Contact Person, if requested • C 4 4 Program Abuse . KING COUNTY reserves the right to investigate and recover costs from the CITY of intentional abuse of the HFG • program by Eligible Employees Program abuse is defined as,but not limited to,taking trips for inappropriate reasons, unauthorized destinations and intermediate stops, and pre-scheduled appointments not defined in the • DEFINITIONS section above • FlexPass Agreement Page 10 of 10 • City of Kent July 1,2006—June 30,2007 • Kent City Council Meeting • Date June 20, 2006 • Category Consent Calendar 1. SUBJECT: WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY, GREEN GARDEN FOOD PRODUCTS, INC. LOAN APPROVAL, RESOLUTION—ADOPT 2. SUMMARY STATEMENT: Adoption of Resolution No. approving Green Garden Foods Products, Inc.'s use of state Economic Development Finance Authority non-recourse revenue bonds to build and equip a new manufacturing plant adjacent to its current facility at 5851 South 1941h Street. S 3. EXHIBITS: Memorandum 5/31/2006; WEDFA Letter 5/12/06 and Resolution • 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No • If no: • Unbudgeted Expense: Fund Amount $ • Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No. 6G •• LAW DEPARTMENT Tom Brubaker, City Attorney Phone• 253-856-5770 KEN T Fax: 253-856-6770 • WASHINGTON . Address: 220 Fourth Avenue S. . Kent, WA. 98032-5895 May 31, 2006 To: Operations Committee • From: Tom Brubaker, City Attorney • Regarding: Washington Economic Development Finance Authority Green Garden Foods Products, Inc. Loan Approval — Resolution MOTION: I move to recommend/not recommend a resolution approving Green Garden Foods Products; use of Washington Economic Development Finance Authority's tax-exempt nonrecourse economic development revenue bonds in the • approximately amount of$6,000,000 to build and equip a new manufacturing plant • adjacent to their current facility at 5851 South 1941h Street. • SUMMARY: Green Garden Food Products, Inc. plans to build and equip a new manufacturing plant adjacent to their current facility at 5851 South 194th Street. They intend to finance this project through • the issuance of Washington Economic Development Finance Authority's (WEDFA) tax-exempt • nonrecourse economic development revenue bonds. It is the policy of the WEDFA board only to issue bonds in support of projects which would be welcomed by the local communities. The City of Kent welcomes the project and has no objection to this financing proposal , then WEDFA will issue the bonds for Green Garden Food Products, Inc. • In passing this resolution there is no liability against the City of Kent, the state, or any other political entity created by issuance of WEDFA's bonds. The bonds will not constitute an obligation of the City and no tax funds or revenues shall be used to pay the principal or interest. • The City of Kent's approval will not waive any of the permitting requirements applicable to the • project. BUDGET IMPACT: • None t • • WASHINGTON ECONOMIC DEVELOPMENT ti ! FINANCE AUTHOIIITV FA 1000 Second Avenue, Suite 2700 • Seattle, WA 98104-1046 • —� (206) 587-5634 + FAX (206) 389-2819 40�/ E-Mail: wedfa@wshfe.org �� • A— • May 12, 2006 RECEW `t • MAY 2 3 2006 City Clerk City of Kent KEN? LAW D E PT. • 220 Fourth Avenue S Kent, WA 98032 • Re. Washington Economic Development Finance Authority (WEDFA) - Tax- Exempt/Taxable Economic Development Revenue Bond Programs • • $6,000,000bc Green Garden Foods Products, Inc. Project • • Dear Sir/Madam: • Green Garden Foods Products, Inc. is planning to build and equip a new dressings, sauces and • salsas manufacturing plant adjacent to their current facility at 5851 South 194th Street in Kent. • They intend to finance this project through the issuance of WEDFA's tax-exempt nonrecourse economic development revenue bonds. • • Mark Hockman, company President would be happy to provide you with any further information • that you might find helpful regarding the project. His telephone number is: (253) 395-4460. • It is the policy of the WEDFA board only to issue bonds in support of projects which would be welcomed by the local community. As part of the issuance process, therefore, we would like the • Kent City Council as the planning jurisdiction, to consider passage of a Planning Jurisdiction • Approval Resolution, in form substantially as attached, in behalf of the Washington Economic • Development Finance Authority (WEDFA) to issue tax-exempt economic development revenue bonds. • We wish to emphasize that the only purpose of this resolution is to approve Green Garden Foods • Products, Inc.'s use of WEDFA financing for this project. It does not supplement or replace any • portion of the normal permitting process. There is no liability against the City of Kent, the state, or any other political entity created by issuance of WEDFA's bonds. • • • • • JOBSAND ECONOMIC DEVELOPMENT THROUGH REVENUE BOND FINANCING • City Clerk City of Kent . May 12, 2006 Page two We are planning to issue the bonds toward the end of July. It would greatly assist our timing if the Kent City Council could consider this approval at an early meeting. I would appreciate it if you could send me a copy of the approved resolution should the Council look on our request favorably. • Please let me know how we can work together to facilitate this process. If you have any questions, please do not hesitate to give me a call My telephone number is: (206) 587-5634. I look forward to working with you on this project. Sincerely yours, Jonathan A. Hayes • Executive Director cc: M. Hockman - Green Garden RESOLUTION NO. • A RESOLUTION of the city council of the city of • Kent, Washington, relating to approving the action of the state of Washington Economic Development Finance Authority and the issuance of non-recourse revenue bonds • to finance an economic development facility for Green • Garden Foods Products, Inc. ("the Company', and providing for other matters properly relating thereto. RECITALS • A. On March 21, 2006, the Washington Economic Development Finance • Authority ("WEDFA' had presented to it Resolution No. W-2006-004 (the "Resolution's, a copy of which is attached and incorporated as Exhibit A, relating to the issuance of non-recourse revenue bonds wherein the proceeds of which would be loaned to the Company for the construction and equipping of a new dressings, sauces, and salsas manufacturing facility at 5851 South 194th Street, Kent (the "Project' , all as authorized by the Economic Development Finance Authority Act of 19891 R.C.W. Title 43, Chapter 163, as amended (the "Act' . On March 21, 2006, • WEDFA unanimously approved the Resolution. • B. It is the policy of WEDFA not to issue revenue bonds except upon the a� approval of the county, city, or town within whose planning jurisdiction the proposed industrial development facility lies. As the Project lies within the boundaries of the city of Kent, King County, Washington, WEDFA requests Kent's approval. • 1 WEDFA BondApprova/— • Green Garden Foods Products, Inc. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, • WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: • RESOLUTION • SECTION 1. - WEDFA Bond Approva/. The Kent City Council (the "Council' , • pursuant to the request of the Washington Economic Development Finance Authority, • does hereby approve the issuance of non-recourse revenue bonds (the "Bonds' by the Washington Economic Development Finance Authority, for the purposes provided in the Act. SECTION 2. - Use of Bond Proceeds The Bonds shall be issued in the aggregate principal sum of not to exceed $6,000,000 pursuant to a Resolution of WEDFA. The proceeds of the Bonds are to be lent to the Company, pursuant to a loan • agreement or other appropriate financing agreement, and used for the purpose of • constructing and equipping the Project, including the necessary appurtenances, • located within the boundaries of the City of Kent and to pay certain costs of issuance a of the Bonds. SECTION 3. - Bond Oblioadon. The Bonds shall not constitute an obligation of the state of Washington or of the city of Kent, and no tax funds or revenues of the state of Washington or of the city of Kent shall be used to pay the principal or interest • on the Bonds. Neither the faith and credit nor any taxing power of the state of • Washington or of the city of Kent shall be pledged to pay the principal or interest on • the Bonds. SECTION 4. - Non-Waiver of Permittina Requ/rements. The city of Kent hereby approves the issuance of Bonds by WEDFA for the purpose of financing the Project as described herein, a qualified project under the Act. However, such approval shall not waive any of the permitting requirements applicable to this project. 2 WEDFA Bond Approval- • Green Garden Foods Products, Inc. • • SECTION S, — Awroyal Intent. This resolution is intended to constitute approval of the issuance of revenue bonds within the meaning of the policy of the Washington Economic Development Finance Authority. SECTION 6. —,FfibcVve Date. This resolution shall take effect and be in force immediately upon its passage. • PASSED at a regular open public meeting by the city council of the city of Kent, • Washington, this day of June, 2006. CONCURRED in by the mayor of the city of Kent this day of June, 2006. SUZETTE COOKE, MAYOR • ATTEST: • BRENDA JACOBER, CITY CLERK • APPROVED AS TO FORM: • TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2006. • BRENDA JACOBER, CITY CLERK • 3 WEDFA Bond Approval- • Green Garden Foods Products, Inc. 27 RESOLUTION NO. W-2006-004 A RESOLUTION OF THE WASHINGTON ECONOMIC DEVELOPMENT • FINANCE AUTHORITY TAKING OFFICIAL ACTION TOWARD THE ISSUANCE OF NONRECOURSE ECONOMIC DEVELOPMENT REVENUE BONDS IN ONE OR MORE SERIES IN A MAXIMUM AMOUNT NOT TO EXCEED $6,000,000 AND AUTHORIZING THE EXECUTION OF AN • INDEMN_[FICATION AND COMPENSATION AGREEMENT BY AND BETWEEN THE WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY AND GREEN GARDEN FOODS PRODUCTS, INC. OR ITS SUCCESSOR OR ASSIGNS (the "Company"). WHEREAS, the Washington Economic Development Finance Authority (the "Issuer") is a duly organized and existing instrumentality of the State of Washington . authorized and empowered by the provisions of RCW Chapter 43.163 (collectively, the • "Act") to issue nonrecourse economic development revenue bonds for the purpose of carrying into effect the construction of improvements and the acquisition of personal properties and provide working capital suitable for use by any industry, and to loan its • moneys when necessary or convenient to carry out its powers under the Act; and WHEREAS, the Company has informed the Issuer that it wishes to acquire, construct, equip, and improve the manufacturing facilities to be located in Kent, King • County, Washington, as more fully described in Exhibit A attached hereto and incorporated herein (the "Site"), all of which are located within the territorial limits of the • State of Washington, and the Company has requested the Issuer to issue nonrecourse economic di-velopment revenue bonds(the 'Bonds") in a maximum amount not to exceed SIX MILLION dollcrs ($6,000,000) pursuant to the Act to carry into effect the • acquisition, construction, equipping, and improving of real and personal property and provision of working capital at the Site to be used in the manufacturing facilities of the Company, as more fully described in Exhibit A hereto (the "Project"), to loan the • proceeds of the Bonds to finance the acquisition, construction, improvement, equipping, • and installation of the Project, and WHEREAS, a form of agreement designated as an "Indemnification and Compensation Agreement" has been prepared setting forth the respective agreements and • undertaking of the Issuer and the Company with respect to the Bonds and the Project; and WHEREAS, it is considered necessary and desirable for the best interest of the Issuer that tl•e Indemnification and Compensation Agreement be executed for and on the behalf of the Issuer; and �yutD� Resolution No.W-2006-004 Page 1 of 6 March 21,2006 28 WHEREAS, the Indemnification and Compensation Agreement requires the Company to pay all reasonable and necessary costs incurred by the Issuer in connection with the Bonds and/or in connection with the Project, and WHEREAS, the Issuer finds that the Project constitutes the development and i improvement of economic development facilities under the Act; and lArHEREAS, it is intended that this resolution shall constitute a declaration of S official intent to reimburse Project expenditures within the meaning of Sections 1.103- , (8)(T)(a)(5) and 1.150-2 of the Federal Income Tax Regulations. • NOW THEREFORE, be it resolved by the Washington Economic Development Finance Authority as follows: • Section 1. It is hereby determined that (a) the acquisition, construction and installation of the Project and its operation as an economic development facility; (b) the issuance of the bonds of the Issuer in one or more senes and in a maximum arnount not to exceed S6,000,000, to finance costs of the Project, such total costs to be financed by the Bonds presently estimated to be approximately $6,000,000; and (c) the execution and delivery of such contracts and agreements with the Issuer as are necessary to provide for the payment by the Issuer of amounts sufficient to pay the principal of, premium, if any, • and interest on the Bonds, together with certain costs of the Issuer, will all be in • furtherance of the Act. Section 2. Subject to the conditions listed in Section 3 below, including such • other conditions as in the judgement of the Issuer and bond counsel are necessary to insure the validity of the Bonds and the tax-exempt or taxable status of the Bonds, it is the intent of the Issuer to proceed toward the issuance and sale of the Bonds pursuant to the provisions of the Act. Nothing in this resolution shall be construed as legally binding • the Issuer to authorize, issue, or sell the Bonds. Section 3. The authorization, issuance, and sale of the Bonds by the Issuer are subject to the following conditions: i (a) the Company shall have caused to be issued an irrevocable letter of credit (the "Letter of Credit") by an investment-grade rated commercial bank, acceptable to the Issuer (the "Letter of Credit Bank"), which shall be used to pay and secure the Bonds or shall have secured a bond purchase agreement (the 'Bond Purchase Agreement") from an . Accreditec Investor, as such term is defined in 17 CFR 230 501(a), acceptable to the Issuer, for the purchase of the Bonds; (b) the Company shall enter into such contracts and loan agreements with the • Issuer as shall be necessary to secure payment of the principal of, premium, if any, and • interest on the Bonds as when the same shall come due and payable, Resolution No.W-2006-004 Page 2 of 6 March 21,2006 29 • (c) on or before two (2) years from the date hereof(or such later date as shall be mutually satisfactory to the Issuer and the Company) the Issuer and the Company shall • have agreed to mutually acceptable terms and conditions of the contracts and agreements referred to in paragraph(b) of this Section 3; • (d) the Issuer shall have received an opinion of bond counsel that, with certain • customary exceptions, such of the Bonds which it is intended shall be issued as tax- exempt obligations may be so issued pursuant to the provisions of the Internal Revenue Code of 1986; (e) if required, the Issuer shall have received an allocation of the State ceiling on private activity bonds imposed by Section 146 of the Internal Revenue Code of 1986 in an amount equal to the aggregate face amount of such of the Bonds as shall be issued as tax-exempt obligations, and shall have allocated such amount to the Bonds, • (f) the Issuer shall have received evidence that the county, city, or town within • whose planning jurisdiction the Project lies has approved the Project and the Bonds or such other evidence satisfactory to the Issuer that the Project will be welcomed by the • community in which the Project will be located; and (g) such other conditions as in the judgement of the Issuer and bond counsel are necessary to insure the validity of the Bonds and the tax-exempt status of such of the • Bonds as shall be issued as tax-exempt obligations. Section 4. The proper officials of the Issuer are hereby authorized to take such further action as is necessary to carry out the intent and purposes hereof under the terms and conditions stated herein and in compliance with the applicable provisions of law. Section 5. That it is deemed necessary and advisable that the Indemnification and Compensation Agreement be approved and executed for and on behalf of the Issuer. • Section 6. That an Indemnification and Compensation Agreement by and between the;Issuer and the Company be, and the same is hereby, approved and authorized and the Chair of the Issuer is hereby authorized to execute the Indemnification and Compensat on Agreement on behalf of the Issuer. • Section 7. Each Bond, when and if issued, shall substantially state the following language on the face thereof. THE; OBLIGATIONS OF THE ISSUER HEREUNDER SHALL NOT BE DEEMED TO BE A DEBT, LIABILITY, OBLIGATION, OR PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF WASHINGTON, OF ANY MUNICIPALITY, OR • OF ANY MUNICIPAL CORPORATION, QUASI MUNICIPAL CORPORATION, • SUBDMS"ON, OR AGENCY OF THE STATE OF WASHINGTON, OR TO PLEDGE • Resolution-,To. W-2006-004 Page 3 of 6 March 21,2006 • 30 • ANY OR ALL OF THE FAITH AND CREDIT OF ANY OF THESE ENTITIES. NEITHER THE STATE OF WASHINGTON, THE ISSUER, ANY MUNICIPALITY, • OR ANY OTHER MUNICIPAL CORPORATION, QUASI MUNICIPAL • CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE OF WASHINGTON • IS OBLIGATED TO PAY THE PRINCIPAL OR THE INTEREST THEREON. NO • TAX FLNDS OR GOVERNMENTAL REVENUE MAY BE USED TO PAY THE PRINCIPAL OR INTEREST THEREON. NEITHER ANY OR ALL OF THE FAITH AND CFIDIT NOR THE TAXING POWER OF THE STATE OF WASHINGTON, • THE ISSUER, IF ANY, OR ANY MUNICIPAL CORPORATION, QUASI • MUNICIPAL CORPORATION, SUBDIVISION, OR AGENCY THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR OF THE INTEREST ON THE BOl-1DS. • Section 8. This Resolution shall be effective after its adoption. • ADOPTED by the Washington Economic Development Finance Authority this • 2lst day of March, 2006. • WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY i By. C G� • Chair • • i • • • • i • • • • • • • • • • • fi • 31 EXHIBIT A DESCRIPTION OF PROJECT AND SITE The Project will consist of: Construction of a new 44,000 square foot concrete tilt-up manufacturing facility adjacent • and connected to Green Garden Foods' current production plant at 58SI South 194th Street, Kent, and purchase and installation of new equipment for the manufacture of dressings, sauces and salsas. Resolution No. W-2006-004 Page 5 of 6 March 21,2006 32 • • • CERTIFICATE • I, the undersigned, Secretary of the Washington Economic Development Finance Authority (herein called the "Issuer"),DO HEREBY CERTIFY: 1. That the attached Resolution No W-2006-004 (herein called the "Resolution") is a true and correct copy of a resolution of the Issuer as finally adopted at a special meeting • of the Board of Directors of the Issuer held on the 21st day of March, 2006, and duly recorded n my office. 2. That said meeting was duly convened and held in all aspects in accordance with law, • and, to the extent required by law and the by-laws of the Issuer, due and proper notice of • such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Washington Economic Development Finance Authority voted in the proper manner for the adoption of the Resolution; that all other requirements and proceedings incident to the proper adoption of the Resolution have been • duly fulfilled, tamed out, and otherwise observed; and that I am authonzed to execute this certificate. • IN WITNESS THEREOF,I have hereunto set my hand this 21st day of March, 2006. • • • Secretary • • • • i • • • • • • • • Resolution No. W-2006-004 Page 6 of 6 March 21,2006 1 • • i i Kent City Council Meeting • Date June 20, 2006 Category Consent Calendar 1. SUBJECT: EAST COFIELD FINAL PLAT—APPROVE AND AUTHORIZE i (QUASI-JUDICIAL PROCEEDING) i 2. SUMMARY STATEMENT: Approve the final plat Mylar for East Cofield Final i Plat and authorize the Mayor to sign the Mylar. Lakeridge Development proposes to subdivide approximately 2.11 acres into three (3) lots The property is located at 21907 100th Avenue Southeast. i i i • i i 3. EXHIBITS: Map and memo with conditions i 4. RECOMMENDED BY: Community Development and Public Works Dept. Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT i Expenditure9 No Revenue? No Currently in the Budget? Yes No i If no: • Unbudgeted Expense: Fund Amount $ • Unbudgeted Revenue: Fund Amount $ i 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: i ACTION: Council Agenda Item No. 6H • COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES KEN O T Charlene Anderson, AICP, Manager • Wn 5 HI N0r0N Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: June 20, 2006 i TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH . RANNIGER AND CITY COUNCIL MEMBERS • FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR SUZETTE COOKE SUBJECT: EAST COFIELD FINAL PLAT (#FSU-2004-5/KIVA#2060226) i • MOTION: Approve the final plat mylar for East Cofield and authorize the Mayor to sign the mylar. SUMMARY: Lakeridge Development proposes to subdivide approximately 2.11 acres into three (3) single-family residential lots The property is located at 21907 100th Avenue Southeast. >. BUDGET IMPACT: None BACKGROUND: On June 30, 2004, the Hearing Examiner issued Findings, Conclusions and a Decision granting approval of a preliminary plat, with 11 conditions The applicant has complied with the conditions required prior to recording. • S\Permit\Plan\longplats\2006\2060226-FSU-2004-5cc DOC Enclosure Conditions of approval—Hearing Examiner • • • • e Q CLM C ^� HaRION W a Le aW °'JAP F Y jZ F � LLJ Q �'� �� aFc 0� a4�7 :Pj c <z c a 3s 3nv KLSOL Sl - 3'S i V Ob ^mot w.iot O coIna C `K N w 3s nv t Z Ad p166 AY l.y •• H196 Id KL98 H S ld o 1� RL96 N N N 0 -=our- • EAST CORELD VCLM FSU-2004-5 KIVA #RPP5-2060226 • .E. 1/4, S.E. 1/4, Sec. 7, Twp. 22 N., Rge. 5 E., W.M. .ity of Kent, King County, Washington • ;ity of Kent Short Plat No. SP-99-1, Rec. No. 19991122900001 • CaO K Pt Na 7IN • BRAT. DISK I1 CASE =STED DEC. 98) 7 a KENT S.P. SP-2000-11 E 1sz1o71{e • REC. No- LOT (si25Pot{y ) LOT 2 N. LK. S t SE 14 HE t 4 SE t 4 SEO. 7 T-M.. R-SE w M Na766"ME 290M" 145.04' 24� ON, 135.53' It0. 31.bt' I SNS 2e' I 7,454� o J1 50' • Inn1 � 21918991�H PLa � • I I N89'56'34'E ' I O TRACT'A' 135.53 ' •I� 47.507 *E �"' tort o Io QN21r AN UTIUTYY EAES�EY[WT 21922 99TN PL. a i s N^ SHHEET t OF 2 'y N89'56'34'E � �j I • 24' WGRESS, EGRESS , AND US0.1TY EASDANT 135.53' , a11 REC. UV 20040J1B0017{B I F IFi. 2{ P Ui MU INGRESS. E^ AND unulY EA � ' LDT3 , '� HD 4y REC.N0. 20040129001075 $ 212"WITH pL $ i' 8 to 2Z lS Mee'01O' M9119'yy i n t,v . W R.2S.G4' R-25.00' i.- YV NB99S'N1 120y39_ L•30.71 .39 B3' ' S��a • W _ ------� -------_4 a 25' INGRESS, EGRESS AND UTEITY EASEMENT SE#NOIE 0. SaEY 1 OF 2 .o H d '�" • 7{ C. Ne.'MIOp403tB00f747 SEWER T -n to+ N89"55'48'E 135.53' 1 ' W O r - a STORY DRARIACE EASEYOIT I I F = NOTE 9 SHEET 1 OF MACTbf R CM SPACE CE ' te°�433,SPq�fL N � • 3 Li lop crry or - EASEMENT RESESERT IONVAT I 31.5Hr I • Ilp SEE NOTE THIS SHEET BELOW _ 145.04' 135.53' ' _31 -ELM. NE 1/4, SE 1 {, SEC. 7, T-22N, R-5E, WM. NB9tW4VE�Q,S]' • `WI 31 30 KARA 29 28 27 aa, • HEREOF vOL, 1184/6-7 -^' KING G01114 • IVELY. STANDARD MOIMI �' (VISItEO DEC 04) GRAPM SCALE R I • H229001 00 . '° p zo ,o oo SCALE: I'.{0' iox A, N9. 7134 o> CASE 7 00 S7s00°°L E.13oo 4 i`t°" 510169001 �IV�.M Mlr,r • i i r . EAST COFIELD • #SU-2004-5 KIVA #RPP3-2040648 ON JUNE 30, 2004, THE CIT OF KENT HEARING EXAMINER APPROVED THE EAST COFIELD PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS: A. PRIOR TO RECORDATION OF THE FINAL PLAT i 1. The Applicant 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 Applicant 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 drawings are submitted along with field notes sufficient to verify their accuracy. 3. The Applicant shall submit and receive City approval for engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be extended from the existing • public sanitary sewer system and shall be sized to serve all off-site properties within the same service area; in addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor. Existing septic systems, if any, shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots. This development will be served by Soos Creek Water District, and the • water system shall be constructed to their standards. Should the installation of the domestic water system require the open • cutting of 100`h Avenue South, the City will require an asphalt overlay to i i East Cofield Conditions of Approval #SU-2004-5 KIVA #2040648 Page 2of5 mitigate for the damage done to this newly paved street in conformance with City Policies. 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). Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements): . (1) The Engineering Plans shall 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 i 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and the Planning Department approved Detailed Tree Plan (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 the Basic Menu. (4) 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. (5) If determined necessary by the Public Works Department, the Applicant 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 Landscape Plans shall meet the minimum requirements of the City of Kent Construction • Standards, and the stormwater management landscaping • East Cofield Conditions of Approval #SU-2004-5 KIVA #2040648 Page 3 of 5 requirements contained within the 1998 King County Surface Water Design Manual. (6) The Applicant shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage S 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. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and Gty of Kent Development Assistance Brochure #I-3, • Excavation and Grading Permits & Grading Plans Initial guidance for these plans is given below: • (1) These plans will include provisions for utilities, roadways, stormwater facilities, and a budding footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Budding Permits: phasing of grading on a lot-by-lot basis will not be • considered. i e. Street Improvement Plans for the new Private Residential Street . connected to 100"' Avenue South and terminating with a turnaround as approved by the Public Works and Fire Departments. 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 i Development Assistance Brochure # 6-8, Street 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, measured from edge of pavement to edge of pavement. (2) An approved turnaround at its terminus, unless these additional street improvements are not required by the City Fire Marshal. t (3) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. East Cofield Conditions of Approval #SU-2004-5 KIVA #2040648 Page 4 of 5 41 (4) Unless additional asphalt concrete pavement width is provided for parking, all minimum width private streets 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. (5) The private shall 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. 3. The face of the final plat will clearly identify the private streets, and which 0 parcels will be served by those private streets. The face of the final plat will also specify that the maintenance of the private street is the sole responsibility of the property owners who are served by those private streets. i 4. Direct vehicular access to and from lots having frontage along 100"' Avenue SE is 0 prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG 100T" AVENUE SOUTHEAST IS PROHIBITED. ACCESS FOR THESE LOTS IS RESTRICTED TO THE PRIVATE STREET SHOWN ON THE FACE OF THE PLAT. ! 5. The Applicant shall submit and receive approval for a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City of Kent Deve%pmentAssistance Brochure #3, Detailed Tree Plans, prior to the issuance i of any Construction Permits for the subdivision. Grading Plans cannot be • approved by the Department of Public Works without an approved Detailed Tree Plan. Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose. 6. As applicable, 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 Gty of Kent Construction Standards, and City of Kent • Development ASslstance Brochure #E-1, As-Built Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the • Department of Public Works. 7. Break-away mailbox clusters shall be installed at locations and per standards approved by the US Postmaster and the City of Kent Public Works Department. . • East Cofield Conditions of Approval #SU-2004-5 KIVA #2040648 i Page 5 of 5 B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, . THE OWNER/SUBDIVIDER SHALL: 1. Record the Plat. 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements identified in Section A, above. CH'S'\Permit\Plan\longplats\routings\2060226-2004-5CONDMONS doc • • • • • • • • Kent City Council Meeting Date June 20, 2006 Category Consent Calendar i 1. SUBJECT: 4CULTURE SUSTAINED SUPPORT FUNDING FOR ARTS COMMISSION— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the Sustained Support grant in the amount of $12,500 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. i Cultural Development Authority of King County 4Culture has awarded the Kent Arts Commission a $12,500 grant for Sustained Support funding through a competitive grant process. The funding will support 2006 programs, including Spotlight Series performances, Kent Kids' Arts Day, Kent Summer Concert Series and two Missoula Children's Theatre residencies. 3. EXHIBITS: King County Agreement #10645A 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 $12,500 00 Unbudgeted Revenue. Fund 10006222 53705 4310 Amount $12,500.00 6. CITY COUNCIL ACTION: i Councilmember moves, Councilmember seconds i DISCUSSION: • ACTION: Council Agenda i Item No. 6I • Agreement No 106045A • Contractor's Federal Taxpayer ID No. • • Contractor City of Kent Arts Commission Project Title: 2006 Programs • Contract Amount. $ 12,500,00 Fund Source CP -Arts Sustained Support • Contract Period From- 01/01/06 To: 12/31/06 • AGENCY SERVICES CONTRACT 2006 . THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY . ("4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 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. 2006-12. 4Culture desires to provide funds with which the Contractor shall render certain services to King Count . 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 sere. RCW • 35.21.750 provides as follows: "[All] 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 authority 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 VI1, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced i 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: • • • i - • • • • • • AG SVC 06 Page I of 7 1. SCOPE OF SERVICES A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: ® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A ® Project Proposal and Budget Attached hereto as Exhibit B • ® Insurance Requirements Attached hereto as Exhibit C • ❑ Personnel Inventory (K.C.0 12.16.060A)( In combination with Attached hereto as Exhibit D • other agreements, in excess of$25,000 in a calendar ear ❑ Affidavit and Certificate of Compliance (K.C.0 12.16.060B) Attached hereto as Exhibit E • for A reements in excess of$25,000 ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit I 12.16.060D ORGANIZATIONS ONLY B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Protect Proposal and Budget and/or the Specific Scope of Services attached Any amendment or modification to the Protect Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing . by 4Culture The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereirlafter be referred to as the "Project". C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that • may be specified in the Specific Scope of Services attached. D. Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo • in all marketing and promotional materials during the period this contract is in force: 4 Approved logos are available for download in a variety of formats at CULTURE http://www.4culture.org/partner/logos , MIN6 C'IYNIt LO'IOIMO I., E. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT This Agreement shall commence on January 1st, 2006 and shall terminate on December 31st, 2006, This Agreement, however, may be terminated earlier as provided in Section IV hereof. 111. COMPENSATION AND METHOD OF PAYMENT • A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $12,500.00 • • AG SVC 06 Page 2 of 7 • B. Contractor may apply to 4Culture 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 project 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, 4Cuiture 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. i i 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. i 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 06 Pagge 3 of VI. AUDITS AND EVALUATIONS A. 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 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement 4Culture will give advance notice to the • Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such • evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all rights • accruing from such material or article shall be the sole property of Contractor. Contractor agrees to and • does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing license shall not apply to existing training matenals, consulting aids, checklists, • and other materials and documents of Contractor which are modified for use in the performance of this Agreement. Vlll. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as • expressly set forth in this Agreement. • IX. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement. Neither the Contractor nor its officers, agents or employees are employees of 4CUlture for any purpose The • Contractor shall comply with all applicable federal and state laws and regulations regarding employment, • minimum wages and hours, and discrimination in employment. The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of • and compensation for these services The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or . taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever i occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or . taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees,from and ' against any and all claims made by Contractor's employees arising from their employment with Contractor • AG SVC 06 Page 4 of 7 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 ua 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 budding, 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' i 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. In the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys' 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. 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 06 Page 5 of 7 XII. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to: Title VI of the Civil Rights Act of 1964, chapter 49.60 RCW (the Washington state law against discrimination); K C_C chapter 12.16 regarding discrimination and affirmative action in employment . by contractors, subcontractors and vendors; K.C.0 chapter 12.17 prohibiting discrimination in contracting, K C.G. chapter 12 18 requiring fair employment practices; K C.C. chapter and 12.22 prohibiting discrimination in places of public accommodation The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to 4Culture for • inspection and copying upon request. XIII. NOTICES • Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIV.GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 4Culture's failure to insist upon the strict performance of any provision of • this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance • during such breach, shall not constitute a waiver of any right under this Agreement. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given • effect without the invalid term, condition, or application To this end, the terms and conditions of this Agreement are declared severable 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. XV. ATTORNEYS' FEES: EXPENSES Contractor agrees to pay upon demand all of 4CultuWs costs and expenses, including attorneys'fees ` and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement Costs and expenses include 4Culture's attorneys'fees and legal expenses whether or not there is a lawsuit, including attorneys'fees and legal expenses for bankruptcy proceedings (and including efforts to • modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court. • i AG SVC 06 Page 6 of 7 XVL SURVIVAL • The terms and conditions of Sections 111, V, VI, VII, Vlll, IX, XI, XII, XHI, 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) • Date S AG SVC 06 Page 7 of 7 • r 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 Directors. . Support for 2006 Programs, including "2006 Season" featuring Spotlight Series, a performing arts series with performances in January-October 2006; Kent Kids'Arts Day, a hands-on arts festival for youth in March 2006; Summer Concert Series with performances in July-August 2006; arts activities at Cornucopia Days ' Festival in July 2006;and two Missoula Children's Theatre residencies in March-July 2006 Events are open • and publicized to the community. AMOUNT $12,500.00 • 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 • s PUBLIC BENEFIT Programs will be accessible to a broad range of King County citizens. • PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culture/ King County Lodging Tax Fund is required of all recipients for use in all publicity and promotional materials, including, bur 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 B CULTURE • LAA SUSTAINED SUPPORT • ♦ 2006-2007 LAA Sustained Support Program Application 4Culture 101 Prefontaine Place S, Seattle WA 98104 • Deadline: Applications must be received in the office by 4:30 pm on INSTRUCTIONS Read the LAA Sustained Support Program Guidelines before filling out this form • Attend a workshop and!or meet with 4Culture staff prior to submitting a proposal(optional). aPlease type application Do not reduce type or use smaller than 10 point type • Signature of organization and municipal leadership required • Submit one signed original application and 10 double-sided copies,all three-hole punched and paper-clipped,NOT stapled • Submit one set of organizational paperwork,and one set of additional support materials • Applicant Organization Name City of Kent Arts Commission . Director Mr ❑ Ms. ® Title: Cultural Programs Manager • Fust Naine. Ronda Last Narne. Biiierbeck • County Council District Number: Address 220 41"Avenue South City: Zip: 9 8 13 Kent 98032 Area Code 253 Phone. 856-5050 e-mail rbifferbeck@ci kent wa us • Call King Co.Records and Electrons at Area Code 253 Fax. 856-6050 http//www ci kent wa.us/arts 206 296 1581 to verify your Council District or visit Date of Incorporation 10/20/75 Name of Umbrella hilp 11www metrokc oov/mkccldistmao htm Organization(if n/a . applicable) Federal Tax ID#: 91-6001254 • Fiscal Year End Date 12/31 /05 • Contact Mr ❑ Ms ® Title: Cultural Programs Manager • First Name Ronda Last Name Billerbeck Address 220 4ih Avenue South City: Ken[ Zip . 1 98032 • Area Code 253 Phone:856-5050 e-mail rbillerbeck@ci kent.wa us • Address Location Venue A Kent-Meridian High School Performing Arts County Council District# 13 • Center, 10020 SE 256"'St,Keni and KC Council District Venue B Mill Creek Canyon Earthworks Park,742 East County Council District#. 13 Titus St,Kent Sof Primary Activities Venue C Kentwood High School Performing Arts County Council District# 12 Total Operating Income FY 2002-03,$810,526 • Nr the Last 3 Completed FY 2003-04 $867,560 riscal Years FY 2004-05 $884,932 • ❑ Check here if you attended a Sustained Support Program Application workshop • 4Culture/2006-2007 LAA Sustained Support Application Narrative Statement— Kent Arts Commission 2006-2007 Sustained Support Application • A. What is the organizing structure and what are the mission and goals of your agency9 • The Kent Arts Commission is a municipal government entity that serves as an advisory board to the City • of Kent. The 12 volunteer members are appointed by the Mayor, confirmed by City Council and serve the • citizens of Kent. The Commission is duected by Cultural Programs Manager, Ronda Billerbeck,and staffed by a Visual Arts Coordinator,an Administrative Assistant and two Program Coordinators from Kent Parks, Recreation& Community Services Department Our mission is to provide leadership in establishing cultural opportunities and arts education,to improve • the quality of life and enhance the aesthetic environment and to promote Kent as a center for great arts. The goals of the Kent Arts Commission are: to provide access for all citizens to the region's best i performing, literary and visual arts; to support successful collaborations between the Arts Commission, • business community,service groups, schools,arts patrons and artists for optimum utilization of artistic resources and talents; to develop the cultural climate of Kent, enhance the community's image and support the growth of the local economy, to promote awareness of the arts as a vital pail of our cultural • heritage and our contemporary lives, to plan for the acquisition of art by the City in order to expand the opportunity for Kent residents to experience art in public places and to create a more visually pleasing and humane environment. • B. What are your primary accomplishments during the last two years? • •Two record-setting seasons for the Spotlight Series of performing arts events stand as significant achievements. The 2003-2004 series drew 3,500 people to 12 events and had a record numberof sold . out shows (5) The Spotlight on Arts program coordinated with schools to expose 4,400 students to live performance Anew sponsorship program secured $15,000 in revenue In 2004-2005, the series drew 4,245 people (highest attendance in series' history)to 16 events. A strong showing of new patrons(51%) combined with returning customers (49%) indicates both a stable and growing audience base • Successful collaborations expanded public art into private projects, extending art opportunities beyond the constraints of our budget Into the Frying Pan by Stuart Keeler and Michael Machnic, financed by The Haggin Group for Kent's Top Foods, and a sculpture and artist-made building parts by Charles Bigger, commissioned by Rush Commercial Construction for the Valley Bank Building,were facilitated by City • staff Other projects include Metalwork by Michele Van Slyke, Gale McCall's Greeters and Guardians at Lake Meridian Park, and forged metal sculptures by Jean Whitesavage and Nick Lyle for City Hall. Artist Charles Bigger worked with neighborhood residents to make art tiles for Canterbury Neighborhood Park and Bruce and Shannon Kelly Andersen worked with the community to integrate art at Kent Memorial Park. Additionally, 19 pieces of portable art were added to the City's collection over the past two years , • Kent Arts Commission was one of only three organizations in the Western United States to receive a $10,000 Community Participation Pilot Project grant from Western States Arts Federation. The resulting • collaborative project brought performers and artists from Jalisco, Mexico to Kent s Canterbury Arts . Festival and increased audience participation among Kent's underserved Hispanic population • Our vibrant gallery program hosted monthly exhibits of local and regional artists at the Kent Arts Commission Gallery and special exhibits at the Centennial Center Gallery, including a print retrospective S by acclaimed Kent artist Danny Pierce,which drew hundreds of viewers The 2004-2005 gallery season saw significant growth,with attendance doubling and art sales increasing from 17 to 61 pieces • In both 2004 and 2005, 7,000+ people enjoyed 17 performances during Kent's Summer Concert Series. • Funding for community-based arts projects by individual artists and organizations continued through our • Community Arts Support Program $17,850 was awarded to 14 recipients in 2004 and 2005. • - In 2004, the Arts Commission launched a monthly electronic update to supplement our popular quarterly • newsletter. The eNews is distributed to more than 600 addresses and continues to attract subscribers - Programs for children and families enjoy strong participation. Four Missoula Children's Theatre • residencies engaged 250 children and 1,800 audience members. 2,000 children and their families participated in the 2004 Kent Kids'Arts Day, increasing to 2,500 in 2005 1,000 ticket vouchers were • distributed to low income families, with a record 140 vouchers redeemed The 10`h and 11°i annual . Student Art Exhibits saw 550 students from 22 schools display artwork in downtown businesses.A host/sponsor was secured for the popular opening reception, broadening the scope of participation. - C_ What are the priorities for your community at this time and how is your agency responding to those concerns? Kent's City Council has identified five strategic goals. The Arts Commission's work responds directly to • four of the goals Vibrant downtown,valued government services, strong local economy and safe community. Kent's downtown is experiencing significant growth and the Arts Commission is actively integrating arts . and culture to ensure a distinctive and vibrant city center Kent Station, an 18-acre mixed use development, is set to open in November Plans for a downtown municipal lot include a hotel and condominiums centered around a Town Square Plaza. We will expand our popular summer concerts to • include performances at Kent Station in 2006 and at Town Square Plaza in 2007. Arts Commission staff • will also be responsible for coordinating year-round cultural activities at Town Square Plaza. Public art at the Plaza, and linking the site with Kent Station and historic downtown, are part of the 2006 City Art Plan • Our programming reflects the City of Kent's commitment to delivering valued government services Our comprehensive performing and visual arts offerings make up the majority of arts activities available to the Kent community Our public art program is developing educational and promotional materials to increase • public knowledge of the collection More than 50 diverse performances targeted to all ages are presented annually throughout the City. About 50% are free and many include educational outreach elements • The Spotlight Series of performances has grown significantly. The 2004-2005 season set records for both attendance and number of events. Ticket sales software, to be implemented in 2006,will streamline ticket sales, improve accounting and provide better customer service "Spotlight on Arts"offers educational activities by professional artists to the Kent School District, and arts curriculum training for Kent School District teachers, funded by Washington State Arts Commission, is currently underway. Our programs are tailored to meet the goal of developing a safe community by fostering strong • neighborhoods through citizen involvement. The 2006 City Art Plan continues our innovative programs, • which bring professional artists into the community to create public art hand-in-hand with residents . The Arts Commission helps ensure a strong local economy through cultural tourism Some of the City's most visible marketing pieces are posters, advertisements and mailings promoting performances,exhibits and community festivals Surveys show that 50% of our audience members travel from outside Kent. • D. Specifically, how does Sustained Support funding assist you in your efforts? . Sustained Support helps the Kent Arts Commission maintain our level of programming and develop innovations to respond to community needs The funding enables us to leverage support from other grant makers, such as Western States Arts Federation, and to preserve funding from the City of Kent . Maintaining existing funding and securing new sources is increasingly important as we care for our growing art collection and face increases to event production costs that outpace growth in revenue • generating opportunities. The 13% increase in Sustained Support funding from 2004 to 2005 made a real • impact on our programs, allowing us to improve the quality and visibility of programs. During the 2004- 2005 season, we presented such artists as Hawaiian guitarist Keola Beamer and folk legend Arlo Guthrie • Zydeco master Terrance Simien and Grammy Award winner Kathy Mattea will grace Kent stages in 2006. . -TT 04,1 Name of Organization City of Kent Arts Commission Fiscal Year Ends Dec31 • (montldday) . ACTUAL ACTUAL CURRENTBUDGET NEXrYEAR • FINANCIAL FY2003.04 FY2004.05 FY2005-06 FY200607 . 1 Arts Program Expenses: For organrzatrons using calendar year budgels,use 2003,2004, 2005S2D06 2 Personnel • 3 Artistic permanent 0 0 0 0 • 4 temporary 163,073 14 6,219 127,358 135,642 5 Production permanent 0 0 0 0 • 6 temporary 25,666 22,651 20,138 21,591 7 Administrative permanent 374,104 378,103 394,399 403,994 . a temporary 9,B36 9,-54 16,385 16,3S4 9 Education permanent C 0 0 0 10 temporary 0 D 0 0 • 11 ProductionlExhibdan expenses 90,040 83,815 88,906 88,444 12 MarkefinglPrornotionexpenses 96,804 128,250 140,263 149,124 13 Fundraising expenses 0 0 0 0 • 14 Education expenses 6,375 5,994 12,201 12,489 15 Occupancy expenses(mortgagelrenVuhldtes) 11,162 12,437 11,973 13,260 '. 16 Administrative expenses 66,848 75,385 85,052 88,020 • 17 Subtotal 1344,308 862,2D8 896,67S 928,918 . 18 In-Kind expenses(must=lnkind Contributions) 23,252 22,724 24,005 24,725 19 TOTAL ART PROGRAM EXPENSES 867,560 894,932 920,680 993,643 . 20 Revenue Sources (Earned): . 21 Sox OfficelAdmrssion 61,687 55,277 51,021 5A,021 22 Tuition/Workshops 16,754 15,368 14,230 15,230 . 23 SaleslConcessions/Renfals 26,262 30,828 18,4192 25,575 24 Interest&Earnings(savings,reserves,etc) 0 0 0 0 . 25 Other Earned Income 0 0 0 0 26 TOTAL EARNED REVENUE 104,703 IGI,473 83,743 94,826 27 Revenue Sources(Contributed): -. 28 Federal Government 0 0 0 0 29 State Government 9,350 6,000 0 0 30 4Culture 11,080 13,500 0 0 i 31 City Government 692,743 691,053 796,832 R:6,492 32 Corporations 7,980 32,675 11,600 11,600 33 Foundations 3,000 11,500 2,500 4,000 . 34 Individuals 15,452 6,007 2,000 21000 35 Fundraising Events(ONet or OGross income?) 0 0 0 0 • 36 Mrsc contributions 0 0 0 0 • 37 SUBTOTAL CONTRIBUTED INCOME 739,605 760,135 812,932 8341 09Z . 38 In-Kind Contributions 23,252 22,124 24,005 24,725 39 GRAND TOTAL INCOME 867,%0 8$4,932 920,68tr 453,643 • • • PERSONNEL • 40 Arts Program Personnel: • 41 #of Artistic permanent o 0 0 0 42 temporary 6?5p/600v 58:'h/550v 578P/500v 500p/500v 43 #of Production permanent 0 0 0 0 . 44 temporary 2p 2p 2P 2P 45 4 of Adrrnn¢trative permanent 5p 5P 5P Sp • 46 lemporary 2p 3P 3P 3P 47 #of Education permanent 0 0 0 0 • 48 temporary 0 0 0 0 . 4Culture 12006--2007 L-AA Sustained Support Application Page 4 • • Name of Organization City of Kent Arts Commission Fiscal Year Ends Dec 31,2005 • If more room is needed, copy this form and attach additional sheets. Line Item / Year Note • 8 2005 Seasonal interns are hired based on factors that vary from year to year,such as current projects and qualified applicants. The entire budgeted amount is not necessarily used :n full each year. Fewer interns were hired in 2003&2004. • 12 2004 The amount spent on marketing and promotions increased 32%between 2003& 2004 due to Improvements to the Parks Department's quarterly program guide,which is • coordinated by Cultural Programs Division staff. • 14 2005 Education expenses increased between 2004 and 2005, due to the addition of funds • for mandatory City of Kent trainings 23 2005 The difference between 2004 actuals for sales/concessions/rentals and the 2005 • budgeted amount is a result of conservative budgeting. Actuals often exceed budgeted amounts :n th:s area. 23 2006 The 38% increase :n sales/concessions/rentals from 2005 budget to 2006 budget was made to reflect actual revenue generating capacity in this area. For several years, • actual revenues have exceeded budget • 29 2004 36%decrease in WSAC funding between '03 & '04 reflected the reduced amount of 2005 state funding available for the Organizational Support Program. (No state revenues 2006 are budgeted for'05&'06 -the City does not budget for grants.) 30 2005 No amounts are budgeted for 2005 and 2006, according to City policy of not • 20D6 budgeting for competitive grants The budget will be amended when awards are confirmed. • 32 2004 The significant increase in revenue from corporate sources between '03&'04 is due 2005 to implementation of a new sponsor program for performing arts events The 2006 decreases to'05 & '06 budgeted amounts are due to conservative budgeting • 33 2004 The significant increase in foundation revenue in 2004 was due to a one-time$10,000 2005 grant from WESTAF. The'05& '06 budgeted amounts have been adjusted . 2006 accordingly 34 2004 The decrease between'03 &'04 is due to incorrect coding of deposits (some of the 2005 '03 revenues were actually from corporate sources, not individual) The decreases • 2006 from '04 actual to'05&'06 budget are due to conservative budgeting. • • • 4Culture/2006-2007 LAA Sustained Support Application Page 5 • • • • Name of Organization City of Kent Arts Commission Events for Year Ending Dec 31, 2004 • Events -Programs-Services MOST RECENTLY COMPLETED Year Name or Title Dates k of Events it of Event Days Attendance Faulty Capacity • SPOTLIGHT SERIES PERFORMANCES • Peking Acrobats Jan 10,2004 1 1 489 489 • Lingo dancetheater Jan 24,2004 1 1 88 359 Chvatal Kritzer Duo Feb 13,2004 1 1 116 359 Blind Boys of Alabama Mar.5,2004 1 1 484 480 • Brownbox Productions Mar 20.2004 1 1 1 184 359 Rhys Thomas'Jugglemania Apr 2,2004 1 1 175 359 • The Actors'Gang Sept 24,2004 1 1 98 480 • The Second City Oct 9,2004 2 1 291 960 At Stewart Oct 23,2004 1 1 444 480 Dallas Children's Theater Nov.5,2004 2 1 154 960 • Magical Strings Celtic Yuletide Concert Dec 12,2004 1 1 359 359 • Spotlight Series Outreach various 2004 8 5 1,747 1 750 Missoula Children's Theatre Residencies Mar&Jul 2004 12 12 1,277 1,500 • Summer Concert Series Jul-Aug 2004 17 17 6,995 10,000 . FESTIVALS(WITH ART COMPONENTS) _ Kent Kias'Arts Day Mai 6,2004 1 1 2,000 2,500 Kent's Fourth of July Splash Jul 4,2004 1 1 1 18,000 13,000 Kent Canterbury Arts Festival Aug 21-22,04 1 2 5,00D 15,000 • Kent Parks Halloween Party Oct 30,2004 1 1 1,000 1.000 VISUAL ARTS EXHIBITS Kent Student Art Exhibit Mar 2004 1 12 725 900 • City Hall Gallery Exhibits Year-round 04 11 240 1,500 1.500 • Centennial Center Gallery Exhibits Year-round 04 5 240 3,500 3,500 OTHER • Grants to Community Artists and Orgs. various 2004 40 40 6,254 8,000 Public Art Projects Completed Year-round 04 5 5 nfa nla • Kent Arts Newsletter 3 issuesJ04 n/a n/a Dist 5,500 n/a • • • • • • • • • • • TOTAL ATTENDANCE 50,880 • • 4Culture 12006-2007 LAA Sustained Support Application Page 6 • • • VANTS-Currant Year +• Name of Organization City of Kent Arts Commission Events for Year Ending Dec. 31, 2005 Events - Programs -Services CURRENT Year . Name or Title Dates If of Events 9 of Event Days Attendance Facilly Capacity • SPOTLIGHT SERIES PERFORMANCES Wylie and the Wild West Jan 15,2005 1 1 400 480 Keola Beamer Feb 5,2005 1 1 375 359 . Daredevil Opera Company Mar 4,2005 1 1 275 359 Spectrum Dance Theater Mar 19,2005 1 1 150 359 Arlo Guthrie Apr 21,2005 1 1 481 480 • Gregory Popovich/Comedy Pet Theatre Apr 29,2005 1 1 485 480 . In the Mood Sept 17,2005 1 1 400 480 Jake Shimabukuro Oct 1,2005 1 1 400 359 • Bobby Medina Dec 4,2005 1 1 250 359 • Magical Strings Celtic Yuletide Dec 11,2005 1 1 359 359 Spotlight Series Outreach various 2005 4 3 716 750 • Missoula Children's Theatre Residencies Mar&Jul 05 12 12 1,027 1,500 Summer Concert Series JAI-Aug 2005 17 17 7,878 10,000 FESTIVALS(WITH ART COMPONENTS) . Kent Kids'Arts Day Mar 5,2005 1 1 1,500 2,500 • Kent's Fourth of July Splash Jul 4,2005 1 1 18,000 18,000 Kent Canterbury Arts Festival Aug 20-21,05 1 2 10J100 15,000 Kent Parks Halloween Party Oct 29,2005 1 1 1,000 1,000 • VISUAL ARTS EXHIBITS . Kent Student Art Exhibit Mar 2005 1 12 825 90D City Hall Gallery Exhibits Year-round 05 11 240 1,500 1,500 Centennial Center Gallery Exhibits Year-round 05 5 240 3,500 3,500 • OTHER Grants to Community Artists and Orgs Various 2005 40 40 12,590 1500 Public Art Protects Completed Year-round 05 5 5 n/a n`a • Kent Arts Newsletter 3 issuesl05 n/a n/a Dist 5,500 nla • • • • • • i i • TOTAL ATTENDANCE 62,111 • • 4Cufture/2006-2007 LAA Sustained Support Application Page 7 • 5. Final Checklist and Signatures • Your complete application packet should include the docurnents below in the following order: • APTCATION • p' Application Cover Page, page 1 Thisn is the first page of the application,whidi includes contact information for your organization. Iis Narrative Statement,page 2-3 This is an attachment, not to exceed 2 pages,which addresses the four questions listed in the application. Financial and Personnel Information, page 4-5 • This is an Excel sheet embedded in the application Complete and print out both the Financial and Personnel Information worrkksheet,and the Notes worksheet • tr3' Events, page 6-7 • This is an Excel sheet, also embedded in the application.Complete and print out both the Events One and Events Two . worksheets. Signature Page,page 8 • This is the last page of the application,which includes this final checklist and the place below for the signature(s)of an authorized representative of your organization, and a representative of your municipal leadership,if applicable *Include one signed original application,and ten double-sided copies,all three-hole punched and paper-clipped, NOT • STAPLED, in your application packet. • ORGANIZATIONAL PAPERWORK GG( Copy of municipal legislation creating your organization or IRS determination letter of non-profit status Ca' List of Commission,Arts Council, or Board members *Include just one copy of each of the pieces of organizational paperwork,paper-clipped, NOT stapled or three-hole punched. . ADDI 61NAL SUPPORT MATERIALS • r These might include a current season/program brochure,and a sampling of past program brochures and reviews. , *Include just one copy of additional support materials, NOT stapled or three-hole punched. . • Signatures Each signatory declares that s/he is an authorized official of the applicant organization or individual representative, is authorized to make this application, and will assure that any funds received as a result of this application are used only for the purposes set forth herein. 7 A. Signature of Applic u o . Signature of Municipal Leadership • • *If the organization does not have a director on staff, a second member of the Board with fiscal authonly should provide the sego. signature. Page 8 • 4Cullure/2006-2007 LAA Sustained Support Application • • • 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 project • 1. Deductibles and Self Insured Retentions • Any 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 Wabdity 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 • 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 • and/or 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. VIII,or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII 4. Verification of Coverage • • Unless otherwise approved in writing by the CDA, Contractor shall fumish CDA with cerhficate(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 CDA • i • • • • s • • Kent City Council Meeting • Date June 20, 2006 Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBERS RANNIGER • AND RAPLEE —APPROVE • . 2. SUMMARY STATEMENT: Approval of an excused absence for Council • President Ranniger and Councilmember Raplee from the June 20, 2006 City Council • meeting. • • • • 3. EXHIBITS: Memorandums i • 4. RECOMMENDED BY: Mayor Cooke • (Committee, Staff, Examiner, Commission, etc.) • 5. FISCAL IMPACT • Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No . If no: • Unbudgeted Expense: Fund Amount $ . Unbudgeted Revenue: Fund Amount $ • 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds • • • DISCUSSION: ACTION: Council Agenda Item No 6J • • • • City Council Dr. Deborah Ranniger, Council President • Phone-253-858-5712• N T Fax: 253-856-6712 • KE . W A s H I N O T O N Address: 220 Fourth Avenue S. Kent,WA.98032-5895 • • • MEMORANDUM • • • TO: Suzette Cooke, Mayor • City Councilmembers • FROM: Debbie Ranniger, Council President • DATE: June 20, 2006 • SUBJECT: City Council Excused Absence • • I would like to request an excused absence from the June 20, 2006 City • Council meeting. I will be unable to attend. • Thank you for your consideration. • • Debbie Ranniger • Council President • • • JP • • • • • • • City Council Dr. Deborah Ranniger, Council President • Phone 253-856-5712 • • KE T Fax 253-856-6712 Address 220 Fourth Avenue S. W A S H I N O T O N • Kent,WA.98032-5895 • • MEMORANDUM • • • TO: Suzette Cooke, Mayor • City Councilmembers • FROM: Debbie Raplee, Councilmember • • DATE: June 20, 2006 SUBJECT: City Council Excused Absence • • I would like to request an excused absence from the June 20, 2006 City Council meeting. I will be unable to attend. • • Thank you for your consideration. • • • Debbie Raplee • • • JP • • • • • Kent City Council Meeting Date June 20, 2006 Category Consent Calendar 1. SUBJECT: RIVERVIEW COMMUNITY CHURCH BILL OF SALE — ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Riverview Community Church for 364 linear feet of streets, 3 catch basins, and 218 linear feet of storm sewer. This project is located at 4135 S. 2161" St. 3. EXHIBITS: Bill of Sale . 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No • If no: • Unbudgeted Expense: Fund Amount $ • Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No 6K • Bill of Sale • Page I of 3 • • • KENT WASS H I NGTO N • MAIL TO: • ENGINEERING DEPART51ENT ATTN: • 220 4'AVENUE SOUTH KENT,U'ASHINGTON 98032 • PROJECT: • LOCATION: • TAX ACCTNO. 8(.3 J9f10"'"�-G"�}'L'(t • BILL OF SALE • CITY OF KENT • • KING COUNTY,WASHINGTON • T9INSTRUMENT made ffits -Z � day of L 4" 20 �'r s by and between ` lip-\1 TM C.i-MML. rt C-H�°�-c 4 , • hereinafter called`*Grantors",and City of ent,a municipal corporation of King County,State of Washington,hermafter called"Grantee": • WITNESSETH: • . That the said Gt autors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: • A. WATFRMAiNS: together with a total of gate valves at S • each, hydrants at S each and I or any other appurtenances thereto. • ON FROM TO • (street,esmt,etc) • Including linear feet at S per LF of • (size&type) waterline. • B. SANITARY SEWERS: Together with a total of manholes at S each and I or any other appurtenances thereto. • ON FROM TO (street,esint,etc) • Including linear feet at S per LF of (size&type) sewer line. C. ST F.F.TS: Together with curbs,gutters,sidewalks,and I or any other appurtenances . thereto. dt L t(xaTLNb) ON FROM TO (street,esutt,etc) Z``I.>A\l g� '3(,4i Wise)t OF 4oz eU, Sc- Including 4 • 3tn4- centerline LF at S N per LF of . (type)streets, Feet asphalt roadway. 70Tl�lL- "5Vl2eC-j (M('(Ai;-4 y:,54l 'jt • D. STORM C .\V .RS: Together with a total of �— manholes at S each or a total of 3 catch basins at S each, • LF of btoriltration Swale or drainage ditch with a total cost of$ • Page 1 of 3 Bill of Sale • • Bill of Sale s Page 2 of 3 • CF of detention pond storage with a total cost of S .and/or any • other appurtenances thereto • ON FROM TO(street,esrgj etc) eFZr'2 A'li So. 3tv4t WEST ol= `1- ("0,43,o s O i raC 50 . • t1 Including ZI 5 linear feet at S Z3 per LF of �Z ��- (size&type) sewer line- ANil too (-F At *'WZ Go Or IZ-'` t>;i SE • "06 , -lV1G4L- S /Z as ToM tMi?RcnlcMpv = • To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the s same is free from all encumbrances;that all bills for labor and material have been paid;that • it has the right to sell the same aforesaid,that it will warrant and defend the same against the lawful claims and demand of all person. • Tile Bill of Sale is given on consideration of the agreement of the Grantee for itself,its . successors and assigns to incorporate said utilities in its utilitl system and to maintain them as . provided in the applicable City Ordinances. IN W�)T�NESS WHEREOF,t ie ursigned has caused this ins trument to be executed on this s �- —day of _� � 120 O`er • s s STATE OF WAStHNGTON ) • )SS • COUNTY OF KING On this �� day of k V-e t 20 0�) before me,the s undersigned A Notary Public m d for}ile S )epf Washington,duly commissioned and • sworn,Personally appeared ?(,�1�5 ter 7�Zi ltirn{�i� tome known to be the individual described in and who executed the foregoing instrument,and acknowledged to me • that he/she signed and sealed this instrument as his/her free and voluntary act and deed for • the uses and purposes therein mentioned. GIVEN under my hand and official seal this-�7 day of 20 �� • f /�111 � • Notary Publ� '.�1� s State of WaM*Vton j ary Public m and for the • SUSAN OH Wiry Appointment Expires Jul 2 2t10s State of Washington,residing at 1 4 �.i l 'rl / My Commission Expires:�t'�' s • s STATE OF WASHINGTON ) • )SS . COUNTY OF KING On this day of 120 before s me,the undersigned,a Notary Public in and for the State of Washmgton,duly commissioned • and sworn,personally appeared and to me known to be the and • respectively of the that executed the foregoing instrument,and acknowledged the said instrument to be the tree . and voluntary act and deed of said for the uses and purposes therein mentioned,and of oath stated that they are authorized to ececute the said • instrument. • Page 2 of 3 Bill of Sale • • Bill of Sale • Page 3 of 3 • Witness my hand and official seal hereto affit the day and year first above written. • • . Notary Public in and for the • State of Washington,residing at • My Commission Expires; • • • The Bill of site is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King Comity,Washington,on the • day of 20 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Page 3 of 3 • Bill of Sale • • • • • • KENT • W A S H I N G T O N • ADDENDUM TO BILL OF SALE • • CITY OF KENT • ICING COUNTY,WASMNGTON • The figures used on the Bill of Sale for _ Ri �U F.+r V ►ew Cn%,"g v n J N 4 t • Cy�JrcC'1 Slyeei--3:;,nMbl1E)flL41-rOjectdated ,3^ ZS- ZDo.-A .were • based on the"As-Bui "En ineering Plans dated 7— JJ— for • g0Krl, e. II • the same said _k&Y(l noV E/w ej t"7 t O SCC+ project. • �Y G� Q . T► {— y� the • undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill • r � • of Sale and is an employee of e ze NS5cc,SHG.the firm • responsible forrthe preparation of the"As-Built"Engineering Drawings. • • • Signature Gv. O. Tl� • NC, w- • 3- t - • • • • • • • • • • • • Kent City Council Meeting • Date June 20, 2006 Category Consent Calendar 1. SUBJECT: WEST VALLEY HIGHWAY AT 212TH BILL OF SALE — ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for West Valley at 212`" for •• 5 gate valves, 4 hydrants, 144 linear feet of water, 1,080 linear feet of sanitary sewer, and 6 sewer manholes. This project is located at West Valley and 212`h 3. EXHIBITS: Bill of Sale • 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: • Unbudgeted Expense: Fund Amount $ • Unbudgeted Revenue Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No. 6L • Bill of Sale • Page I of 2 • • • KENT • WASHINGTON • MAIL TO: • ENGINEERING DEPARTMENT ATTN:Mai Damon,P E • 2204'AVENUE SOUTH KENT,WASHINGTON 98032 • PROJECT West Valley at212'", • KIVA 2051778 LOCATION-NWC-WEST VALLEY AND • SOUTH 212th STREET TAX ACCT NO: 112204-9090-09,9091-08, • BILL OF SALE 9093-06 • CITY OF KENT • KING COUNTY,WASHINGTON • THIS INSTRUMENT made this 31cr day of MAY 20 O(n ,by and • between Gateway Kent,L. P_ a Delaware Limited Partnership hereinafter called"Grantors",and • City of Kent,a municipal corporation of King County,State of Washington,hermafter called "Grantee": • WITNESSETH: • That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to • Grantee the following described improvements. • A. WATFRMAINS: together with a total of(five)3 gate valves at$800.00 each, four 4 hydrants at$2200.00 each and/or any other appurtenances thereto. • ON 66"'Avenue South FROM South 20W"street TO South 212" Street • (street,esmt,etc) • Including 144 linear feet at$22_00 per LF of 8 inch diameter ductile iron pipe waterline. • B. SANITARY SEWERS: Together with a total of siv 6 manholes at • S 1800.00 each and/or any other appurtenances thereto. • ON 66'"Avenue South FROM South 208"'street TO South 212"Street (street,esmt,etc) • Including 203 linear feet at$28 00 per LF of 10-inch diameter PVC pipe sewer line • Including 177 linear feet at$22_00 per LF of 9-inch diameter PVC pipe sewer line. • • To have and to hold the same to the said Grantee,its successors and assigns forever. • The undersigned hereby covenants that it is the lawful owner of said property,and that the • same is free from all encumbrances;that all bills for labor and material have been paid,that it has the right to sell the same afot esaid;that it will warrant and defend the same against the • lawful claims and demand of all person. • The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its • successors and assigns to Incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. • • • Page 1 of 2 • Bill of Sale • r BLII of Sale • Page 2 of 2 • IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this • 31 sf' day of (YAAY 2006 • GATEWAY KEW, L.P., a Delware limited liability company • By: Gateway Kent, LLG company, its General Partner STATE t1F WACNINGTON ) Name: 6Dq"' LJ, �U�y/VE72 • )SS Title: urcEPR", Rssr sEc. COUNTY OF KING ) S. /;sir, rrzews, • On this day of ,20 before me,the • undersigned A Notary Public in and for the State of Washington,duly commissioned and • sworn,Personally appeared to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me • that he/she signed and sealed this instrument as his/her free and voluntary act and deed for • the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 • • • Notary Public in and for the • State of Washington,residing at • My Commission Expires:_ • • • STATE OF WASHINGTON ) • )SS •COUNTY OF KING ) On this day of ,20 ,before • me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned • and sworn,personally appeared and to me known to be the and • respectively of the that executed the foregoing instrument,and acknowledged the said instrument to be the free • and voluntary act and deed of said for the uses and • purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. • Witness my hand and official seal hereto affix the day and year first above written. • • Notary Public in and for the • State of Washington,resitting at • • My Commission Expires: • • The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed • by the City Council of the City of Kent,King County,Washington,on the day of 20 • Page 2 of 2 • Bill of Sale • • State of California ) • ) ss: • County of Los Angeles } • On May 31,2006,before me,Shirley T Sarkisian, Notary Public, personally appeared Earl W Buehner, personally known to me to be the person whose name is • subscribed to the within instrument, and acknowledged to me that he executed the same In his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument WITNESS my hand and official seal. [seal] • Pint Notary(Name Shirley T Sarkisian • Notary Public • iNIRIEY T I SAR 58 Cort'musu>nM %�962 $ _ Notary Nio1K'CatltaNa _ �L Lot NKJeles Court' �,Cpnrn Exppes N126.2 • • • • • • • • • • • 0 4400 NSS7 KENT W A 5 H I N G T O N ADDENDUM TO BILL OF SALE • CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for West Valley at 212"'St, KIVA 2051778 (public improvements) project dated September 26,2005 ,wei e based on the"As-Built"Engineering Plans dated for • the same said West Valley at 212"'St, KIVA 2051778(public improvements)project. • Daniel K Ralmelli the • undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill • of Sale and is an employee of Bai;Lhausen Consulting Engineers, lac.,the firm responsible for the preparation of the"As-Built"Engineering Drawings. • i Signature • 0 • i i 0 0 • • • 0 • • • • Kent City Council Meeting • Date June 20, 2006 Category Bids 1. SUBJECT: KENT TRANSIT CENTER ACCESS IMPROVEMENTS • • • 2. SUMMARY STATEMENT: The bid opening for this project was held on June 12, 2006, with two bids received. The low bid was submitted by Vetch Construction LLC., • in the amount of$111,722.20. The Engineer's estimate was $95,916.42. • • i • • • 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: Public Works Director • (Committee, Staff, Examiner, Commission, etc.) • • 5. FISCAL IMPACT • Expenditure? X Revenue? _ i Currently in the Budget? Yes X No • If no: • Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ • s 6. CITY COUNCIL ACTION: • Councilmember moves, Councilmember seconds • to authorize the Mayor to enter into an agreement with Vetch Construction LLC., for • the Kent Transit Access Improvements in the amount of$111,722.20. i • DISCUSSION: • ACTION: • 0 Council Agenda i Item No. 8A 0 i i i • PUBLIC WORKS DEPARTMENT Larry Blanchard Public Works Director i . Phone 253-856-5500 EN T Fax; 253-856 6500 K i W A S H I N G T O N Address: 220 Fourth Avenue S Kent,WA 98032-5895 • • . DATE: June 14, 2006 . TO: Mayor Cooke and Kent City Council FROM: Tim LaPorte, Design Engineering Manager THROUGH: Larry Blanchard, Public Works Director)-�. SUBJECT: Kent Transit Center Access Improvements—Award Bid opening for this project was held on June 12, 2006 with two bids received The low bid was submitted by Vetch Construction in the amount of$11 1,722.20 The Engineer's estimate was . $95,916.42 Due to the project cost, the available funding and the August 31, 2006 project completion date per the King County Metro Transit agreement we are recommending that the City award the contract to Vetch Construction LLC. The Public Works Director recommends awarding this contract to Vetch Construction. • Bid Summary i Vetch Construction LLC $111,722.20 i DPK, Inc. $138,607.73 Engineer's Estimate $ 95,916.42 • i • • • Mayor Cooke and Kern City Council Vm TnmH Ce,,ty Acx lffVowe [S-Recwnn"da )n to AWXd i 1 • . REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT • B. MAYOR C. OPERATIONS COMMITTEE . D. PUBLIC SAFETY COMMITTEE E. PUBLIC WORKS F. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE • • G. PARKS AND HUMAN SERVICES COMMITTEE i H. ADMINISTRATIVE REPORTS i i i • REPORTS FROM SPECIAL COMMITTEES • • • OPERATONS COMMITTEE MINUTES May 2, 2006 COMMITTEE MEMBERS PRESENT Tim Clark, Chair Debbie Ranniger Debbie Raplee was to arrive late but didn't make it before the meeting ended. ■ The meeting was called to order at 4:05 p.m. Approval of Minutes Dated March 21, 2006 Committee Member Ranniger moved to approve the minutes of March 21, 2006. The motion was seconded by Clark and passed 3-0, with Debbie Raplee's concurrence. Approval of Vouchers Dated March 31, April 15, and April 30, 2006 Ranniger moved to approve the minutes of the Vouchers dated March 31, April 15 and April 30, 2006. The motion was seconded by Clark and passed 3-0, with Raplee's concurrence. Premera Blue Cross Contract— 2006 Benefits Manager, Becky Fowler briefly explained that the City contracts with Premera Blue Cross as a third-party administrator (TPA) to process claims and provide access to Premera Blue Cross's PPO i network of doctors and hospitals Approximately 97% of the Ctty's employee population is covered under the self-funded Premera Blue Cross Plan. The contract period is from January 1, 2006 through December 31, 2006. • Ranniger moved to recommend that the Premera Blue Cross Administrative Services Contract for the city's self-insured health plan be place on the City Council consent calendar for the May 16, 2006 meeting. The motion was seconded by Clark and passed 3-0, with Raplee's concurrence. • Group Health Contract—2006 ! Benefits Manager, Becky Fowler went over the renewal of the Group Health Cooperative of Puget Sound contract for the city's insured health maintenance Organization (HMO). The 2006 contract reflects an approximate 14% increase in the health care premiums charged by Group Health i Cooperative and is budgeted in the health and welfare fund Approximately 46 employees and their families are covered under our Group Health Cooperative plan. A brief discussion followed regarding • the Health Savings Account Ranniger moved to recommend that the 2006 Group Health Cooperative contract for the city's insured HMO plan be placed on the City Council consent calendar for the May 16, 2006 • meeting. The motion was seconded by Clark and passed 3-0, with Raplee's concurrence. • Page 1 of 2 OPERATIONS COMMITTEE MINUTES MAY 29 2006 Public Records-Kent City Code 1.05 and State Leeislative SSHB 1758 and SHB1133-Ordinance • Deputy City Attorney, Pat Fitzpatrick briefly went over the city's policy regarding public records. He further explained that due to two major legislative amendments, the law department has determined that amendments to Kent's code are in order. The law department also reviewed the city's entire . public records chapter and determined revisions were in order to provide for a more user friendly . ordinance. Ranniger moved to recommend an ordinance repealing Chapter 1.05 of the Kent City Code, entitled "Public Records," and enacting a new Chapter 1.05 entitled, "Public Records," in response to the recent legislative amendments and recodification of the state Public Records Act. The motion was seconded by Clark and passed 3-0, with Debbie Raplee's concurrence. Social Card Tables within the City of Kent • City Attorney, Tom Brubaker stated that local business owner, Ken Morrill of the Virginia Saloon has • requested the city to adopt an ordinance authorizing social card games, limited to 5 tables per establishment, within Kent's Downtown Commercial Enterprise zone. Tom Brubaker explained that the city could essentially allow or exclude this type of gambling with in its city limits, but it cannot further condition or control the location or size of the gambling establishment. Further discussion ensued. Public Comment: Rob Microvich 23208 1151" Ave SE spoke on behalf of allowing social card tables in our city. • Information Only, no action required Adiourned• • The meeting was adjourned at 4:35 p.m. Next Meetint Scheduled for: i The next meeting is scheduled for Tuesday, May 16, 2006 at 4.00 p.m. s . Cheryl Viseth, • Acting Operations Committee Secretary S Page 2 of 2 • • PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 15, 2006 Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Watson The meeting was called to order by Chair Harmon at 4:00 p.m. Approval of Minutes Member Clark Moved and Member Harmon Seconded a motion to approve the minutes of March 20, 2006. Motion Passed 3-0 with Member Watson's concurrence. #ZCA-2006-2 KCC 12.01-Administration of Development Regulations Planning Manager Charlene Anderson described the proposed modifications for this amendment as t primarily housekeeping in nature. She stated that the Land Use and Planning Board unanimously . recommended approval for implementation of revisions to Kent City Code Chapter 12.01. . After deliberations, Member Clark Moved and Member Harmon Seconded a Motion to approve amending Kent City Code Chapter 12.01 to correct and clarify code and to add public notice requirements. Motion Passed 3-0 with Member Watson's concurrence. Historic Preservation Planning Manager Charlene Anderson described a proposal to adopt a landmarks ordinance and establish an interlocal agreement with King County. Ms Anderson stated that Kent City Council • passed Resolution No. 1291 in 1991, acknowledging the City's efforts to develop a historic preservation ordinance. S Ms. Anderson stated that to join King County's efforts and utilize their ordinance, the city needs to adopt its own historic preservation ordinance and enter into an interlocal agreement with the County. Ms. Anderson stated that once an agreement is established with the County, there are . regulations governing properties designated as historic landmarks. She stated that 15 cities have joined with King County which has allowed those cities to receive State funding for historic preservation. Linda Van Nest, 6402 Eastside Dr. NE #6, Tacoma, WA spoke on behalf of the Historic Society, . explaining how the historic commission is involved through a public hearing process. She stated • that when property is designated as historic, specific restoration factors are considered and when districts are landmarked as historic, there are funding incentives for property owners; with funding available from a variety of sources for property restoration. Mark Albertson, 302 Summit Avenue N, Kent, WA stated that he is the Chair of the Design i Committee and a member of Kent Downtown Partnership (KDP) who contributes to the National • Trust for Historic Preservation. He stated that KDP supports Kent's efforts to develop an ordinance . for the preservation of historic buildings, citing tax incentives and the availability of funding including grants. Mr. Robin Maichrowicz, 23208 115`h Avenue S, Kent. WA emphasized the importance of preserving Kent's historic buildings rather then continue to destroy those buildings. Norman Turner, 818 Woodland Way, Kent, WA stated that as President of Kent's Historical Society, he has been working with the City to educate them on landmarking. He stated that he supports Kent's pursuance of a landmark preservation designation, which is needed to obtain funding for • the restoration of historic properties. After deliberations, the Committee members concurred that staff should review the landmark preservation process and bring additional information back to the Committee at a future meeting. • • • • Kent Station Award • Planning Manager Charlene Anderson stated that the City of Kent has received an honorable mention award for its exemplary Kent Station development. Member Clark stated that Kent is , recognized as a regional leader in development. • Ms. Anderson stated that Kent completed a Planned Action Ordinance for the downtown area which included Project Springboard and the Downtown Plaza projects. She stated that the Kent Station development has inspired four million dollars in new development outside the Kent Station • area. • Adiournment • Chair Harmon adjourned the meeting at 4:45 p.m. • • Pamela Mottram, • Admin Secretary, Planning Services S.I Pemutl PtanlPlanning Committeel1006IMinutes1051506PEDCmin dor • • • • • • • • • • • • • • • • • • • • • • PEDC-Minutes • May 15, 2006 • Page 2 of 2 • • KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES i May 18,2006 COMMITTEE MEMBERS: Ron Hannon,Bob O'Brien,and Les Thomas, Chair i . • The meeting was called to older by Chair Les Thomas at 5 05 PM. s • Bob O'Brien's absence was excused and Tim Clark attended in his absence. i1. Approval of Minutes Ron Harmon moved to approve the minutes of the April 20, 2006 meeting. The motion was seconded by Tim Clark and passed 3-0. 2. Police Department Sergeant Promotions—INFO ONLY Inteum Police Chief Chuck M,Ilei introduced Kent Police Officers Todd Durham,Bohn Cagle and Bob Burwell as the three officers promoted to Police Seigeant positions. 3. Kiwanis Club of Kent Donation—ACCEPT Chuck Miller explained the use of grant fiends to purchase prizes for poster design contest winners. Tim Clark moved to recommend that Council accept the donation from Kiwanis Club of Dent in the amount of$4.50 and place this on the Convent Calendar for the June 6,2006 Council Meeting. • The motion was seconded by Ron Harmon and passed 3-0. 4. Washington Traffic Safety Commission $799 grant—Anti-DUI message—ACCEPT Chuck Miller reviewed the use of -rant fund, for coffee sleeves printed with an anti-DUI message. Ron Harmon moved to recommend that Council accept the Washington Traffic Safety Commission ;rant in the amount of$799 and place this on the Consent Calendar for the June 6, 2006 Council Meeting. The motion was seconded by Tim Clark and passed 3-0. 5. Washington Traffic Safety Commission $6,000 grant—"Click It or Ticket"—ACCEPT Chuck Miller rek sewed the"Click It of Ticket" piogram and use of funds fot seat belt enforcement. iTim Clark moved to recommend that Council accept the Washington Traffic Safety Commission grant in the amount of$0,000 and place this on the consent Calendar for the June 6,2006 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 6. Washington Traffic Safety Commission $7,500 grant—School zone flashing beacons/lighting- AUTHORIZE . Chuck Millet explained the grant proposal and use of funds to purchase flashing beacons/hghting Ron Harmon moved to authorize the (Cent Police Department apply for the Washington Traffic Safety Commission grant in the amount of$7,500. The motion was seconded by Tim Clark and passed 3-0. 7. Washington Traffic Safety Commission Grant—Project SAFEROAD—ACCEPT • Chuck Miller reviewed the proposed use of the grant funds to purchase speed advisory signs. Tim Clark moved to recommend that Council accept the Washington Traffic Safety Commission grant in the amount of$20,175 and place this on the Consent Calendar for the June 6,2006 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 8. Washington Traffic Safety Commission grant—Speed Enforcement—AUTHORIZE Chuck Miller explained the grant proposal and use of funds for overtime patrols and equipment. Ron Harmon moved to authorize the Kent Police Department apply for the Washington Traffic Safety Commission grant in the amount of$33,300. • The motion was seconded by Tim Clark and passed 3-0. 9. Bureau of Justice Assistance FY 2006 Brant—ACCEPT . Chuck Miller reviewed the use of grant funds for a ci nne analysis function. S Ron Harmon moved to recommend that Council accept the Bureau of Justice Assistance FY 2006 grant in the amount of$29,312 and place this on the Consent Calendar for the June 6,2006 Council Meeting. The motion was seconded by Tim Clark and passed 3-0. 10. Crime Prevention for Everyone pamphlet—INFO ONLY Judi Mauhl, Police Public Education Specialist, explained the purpose of the grant funded pamphlet and how the public could obtain copies of it. 11. State of Washington Department of Health,EMS Prehospital Participation Grant—ACCEPT Fire Chief Jun Schneider explained the use of grant fiends to purchase respiratory face masks, hand wash stations and information cards. Tim Clark moved to recommend placing the acceptance of the EMS Prehospital Participation Grant in the amount of$1,450 on the Consent Calendar of June 6, 2006 Council Meeting. The motion was seconded by Ron Harmon and passed 3-0. 12. Purchase of Fire Station Exhaust Extraction Systems—AUTHORIZE Jun Schneider recognized Division Chief Pat Pawlak and Charlie Lindsey, Facilities Superintendent, for their work leading to this agreement and explained how and where the systems would be used Ron Harmon moved to recommend authorizing the Mayor to enter into an agreement with Air • Exchange, Inc. to furnish the Plymovent vehicle exhaust extraction systems for Station 74 in the amount of$52,812.84,excluding Washington State Sales tax, and upon review by the City Attorney. • The motion was seconded by Tim Clark and passed 3-0. 13. Fire Stoppers Program grant—ACCEPT Jim Schneider recognized Taint Kapule for her work on this grant and explained that funds would be used for counseling, education and administration in the intervention of high-risk youth involved in fire-setting Tim Clark moved to recommend that Council accept the grant from Fire Stoppers in the . amount of$2,500 and place this item on the Consent Calendar of the June 6, 2006 Council • Meeting. The motion was seconded by Ron Harmon and passed 3-0. • i • Public Safety Committee Minutes 2 May 19,2006 • • • • • 14. Purchase of Four Apparatus Hoists—AUTHORIZE Division Chief Pat Pau lak explained the need foi the additional hoists which will opetate in colilunetion with the Department's existing hoists Tim Clark moved to recommend authorizing the Kent Fire Department to purchase 4 apparatus hoists for a total cost not to exceed $31,500 and placing this item on the Consent • Calendar of the.tune 6,2006 Council Meeting. • The motion was seconded by Ron Harmon and passed 3-0. • 15. Purchase of Aid Car— AUTHORIZE Pat Pawlak reviewed the selection of the aid car to be purchased and the sole source authorization. Ron Harmon moved to recommend the Citv Council authorize the Mayor to sign an agreement with Medtech Corporation and Hughes Fire Equipment for the purchase of a medium duty aid car for the estimated price of$192,590, the final cost subject to the Fire Chiefs approval based • on the model year available at the time the City places its order. • The motion was seconded by Tim Clark and passed 3-0. • 16. State of Washington Military Department, Emergency Management Performance Grant- ACCEPT • Jim Schneider recognized Brian Felczak for his work on this grant in the amount of$65,312 which will be used for our emergency management progiarn. Ron Harmon moved to recommend accepting the grant from the State of Washington Military . Department, Emergency Management Division in the amount of$65,312 and authorizing the Mayor to sign the contract. • The motion was seconded by Tim Clark and passed 3-0. • • The meeting adjourned at 5:43 PM. • • To Thompson • Public Safety Conuninee Secretary • • • • i • • • • • • • • • Public Safety Committee Minutes 3 May 18,2006 • PUBLIC WORKS COMMITTEE MINUTES r May 15, 2006 • COMMITTEE MEMBERS PRESENT- Committee Chair Debbie Raplee and Committee Member Ron Hannon and Tim Clark were present The meeting was called to order at 5_00 p.m. Approval of Minutes Dated May 1,2006 Committee Member Harmon moved to approve the minutes of May 1, 2006. The motion was • seconded by Clark and passed 3-0. Pioneer Street Property Surplus Tun LaPorte, Design Engmeenng Manager, explained that at the request of King County Metro, the City a ntered i nto an a greement w ith K ing C ounty to acquire the s ubj eet two properties and widen • Pioneer Street as part of the Transit Center Access Improvements project planned for this year. The . Public Works Department requests authonzation to sell the unneeded portions of city—owned property at 204 and 210 Pioneer Street at the appraised value or higher. S Clark moved to recommend Council to authorize the Public Works Department to surplus the • unneeded portions of city-owned property along Pioneer Street at the appraisal value or higher and authorize the Mayor to sign all sale documents. The motion was seconded by Harmon and passed 3-0. 116u' Avenue Proposed LID Tim LaPorte, Design E ngmeering M anager,b riefly went over the b ackground o f the 116'h p roject, LaPorte stated that a letter was sent to all affected property owners along 116`h' LaPorte mentioned that one of the property owners is currently circulating a petition to include utilities and their street • frontage improvements in an LID. Information only, No recommendation required . Vehicle and Equipment Surplus . Alice Conrad, Fleet Superintendent made one correction to her memorandum, stating that vehicle 9744, 1994 Chevrolet Corsica should read 12 years old not 24 years. • Harmon moved to authorize the Mayor to declare the vehicles/equipment no longer needed by • the City, as surplus, and authorize the sale thereof at the next public auction. The motion was • seconded by Clark and passed 3-0. • Page I of 2 • P\PuM.0AdmmSuppc XPWComtmttmNM,.ws dm S PUBLIC WORKS COMMITTEE MINUTES May l 5, 2006 282nd Street Parking Modification Recommendations Steve Mullen, Transportation Engineering Manger, noted that a petition was received from residents of the South Ridge subdivision, near the intersection of SE 282"d Street/Between 132"d Ave SE & 1441h Ave SE, to remove the parking prohibition along SE 282"d Street; a residential collector arterial, and allow parking on at least one side of 282"d. Committee members requested that this item be moved to the July 2"d Public Works Committee meeting. George Gregory, Kent citizen spoke on behalf of providing parking, as did Mel Roberts, who would like to see that a bicycle lane be considered in the area. No motion, item to be brought back at the July 2, Public Works Committee meeting. Presentation-Traffic Regulation Chain of Authority Steve Mullen, presented and informational Power Point presentation explaining what the Traffic Regulation Chain of Authority is. Presentation, no motion required only. Update/Information Only-Transportation Master Plan (TMP) Steve Mullen, Transportation Engineering Manager gave a brief update on how the Task Force is doing, he noted that they are completing inventories and looking at potential opportunities for the future. The Task Force meets again on June 14. Presentation, no motion required only. • Follow-up Item: Steve Mullen informed the committee that a Ground Hog is a vehicle detection device that counts and classifies vehicles using magnetic vehicle imaging. • Adiourned• The meeting was adjourned at 5.50 p.m. r Next Meeting Scheduled for: The next meeting is scheduled for Monday, June 5, 2006 at 5:00 p.m. Cheryl Viseth, Administrative Assistant III i Page 2 of 2 • • • • • CONTINUED COMMUNICATIONS • A. • • • • • • • • • • • s • • • • • • • • • • • • • • • • • • • • • • • • EXECUTIVE SESSION • ACTION AFTER EXECUTIVE SESSION r