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City Council Meeting - Council - Agenda - 11/20/2007
i City of Kent C ty Council Meeting Agenda i November 20, 2007 Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee - Ron Harmon Les Thomas 4. KENT VJA3 H I N GTON I City Clerk's Office ,,I KENT CITY COUNCIL AGENDAS KENT November 20, 2007 WASHINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President Elizabeth Albertson Tim Clark Ron Harmon i Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Aquatic Center 2007 and 2008 Jeff Watling 60 minutes COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of Appointees D. Kent Green Business of the Year Award E. Public Safety Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Human Services Commission Reappointments - Confirm D. Bill of Sale, Evans Short Plat - Accept E. Bill of Sale, Nick Addition - Accept F. Bill of Sale, Mulder Plat - Accept G. Consultant Agreement for Analyzing the 590 Pressure Zone - Authorize H. Water Resources Investigations Joint Funding Agreement - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED I. Salmon Recovery Funding Board Project Agreement - Authorize J. King County Flood Hazard Management Plan - Adopt K. Water Use Efficiency Goals - Approve L. Utility Rate Analyst for Sewer Comprehensive Plan Consultant Contract - Authorize M. Utility Rate Analyst for Drainage Master Plan Consultant Contract - Authorize N. Purchase of Apparatus Hoists - Authorize * O. New Connections of South King County Consultant Services ] Agreement, Amendment No. 5 - Authorize P. Ordinance Revising Parking Prohibitions - Adopt Q. King County Housing Authority Contract for Services, Change Order - Authorize R. Washington Traffic Safety Commission Memorandum of Understanding - Authorize S. Department of Corrections Contract, Amendment No. 2 - Authorize T. State and Local High Intensity Drug Trafficking Areas (HIDTA) Task Force Agreement - Authorize U. Youth Service America Grant Award - Accept V. Occupational Health Services Contract - Authorize W. 116th Avenue S.E. Joint Utility Trench - Accept as Complete 7. OTHER BUSINESS A. Meridian Banks Rezone (Quasi-Judicial) - Adopt 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Negotiations B. Labor Negotiations C. Pending Litigation 12. ADJOURNMENT jNOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. ID rm G C S� w d S .w. - < w S o d w c w 3 0 m� � ioa � c o ° E = pin • ,'^03 � � °-s� � ti w n w °- 10 CD � � N =crm O A n N S C S '°O Oa c j O S w � ' m m CO W S 7c T. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF iB) FROM THE PUBLIC 1 t i 1 I I PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) INTRODUCTION OF APPOINTEES D) KENT GREEN BUSINESS OF THE YEAR AWARD t IE) PUBLIC SAFETY REPORT i t i i CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent' alendar Items A through W. Discussion Action m 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of November 2, 2007. 6B. Aooroval of Bills. Approval of payment of the bills received through October 15 and paid on October 15 after auditing by the Operations Committee on November 6, 2007. Approval of checks issued for vouchers: Date Check Numbers Amount 10/15/07 Wire Transfers 3013-3028 $1,705,291.94 10/15/07 Regular 612971-613439 6,487,09315 Void Checks 613376 (426.80) Use Tax Payable 1,727.45 $8,193,685.74 Approval of payment of the bills received through October 31 and paid on October 31 after auditing by the Operations Committee on November 6, 2007. Approval of checks issued for vouchers: Date Check Numbers Amount 10/31/07 Wire Transfers 3029-3045 $1,481,352.25 10/31/07 Regular 613440-614035 4,444,993.78 Use Tax Payable 4,051.36 $5,930,397.39 Interim Payroll Check Run: Date Check Numbers Amount 10/9/07 Void Check 296850-296862 -$54 83 Reissued Check 300798-300799 54.83 Total Cash 0 (continued on back) 6B. Aoproval of Bills. (Continued) Date Check Numbers Amount 10/23/07 Void Check 295390 -$146.20 Reissued Check 301093 146.20 Total Cash 0 Date Check Numbers Amount 10/23/07 Void Check 296337,296661, -$333.86 297140 & 297430 Reissued Check 301094-301097 373.86 Total Cash 0 Approval of checks issued for payroll for October 1 through October 15 and paid on October 19, 2007: Date Check Numbers Amount 10/19/07 Checks 300800-301092 $ 219,022.65 10/19/07 Advices 220353-221075 1,378,960.51 $1,597,983.16 Approval of checks issued for payroll for October 16 through October 31 and paid on November 5, 2007: Date Check Numbers Amount 11/5/07 Checks 301098-301394 $ 232,573.19 11/5/07 Advices 221076-221798 1,425,512.29 $1,658,085.48 Council Agenda Item No. 6 A-B Kent City Council Meeting KEN T WASMINGTGN November 6, 2007 The regular meeting of the Kent City Council was called to order at 7:00 p.m by Mayor Cooke. ' Councilmembers present Albertson, Clark, Harmon, O'Brien, Ranmger, Raplee and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) No changes were made by Council, Administration or staff. B. From the Public. (CFN-198) No changes were made by the public. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) No public recognition was made. B Communitv Events. (CFN-198) Council President Ranmger announced an Open House at the Phoenix Academy, which will begin at 6.00 p.m. on Wednesday, November 14. C. Introduction of Appointee. (CFN-174) Mayor Cooke introduced Barbara Phillips, her appointee to the Land Use and Planning Board. Ms Phillips expressed her desire to be an integral part of the City's development and future prosperity. D. Employee of the Month. (CFN-147) Police Chief Strachan announced that Police Officer Mark I Williams has been chosen as Employee of the Month. He said that Williams exemplifies the City's values and Mayor Cooke presented Officer Williams with the City of the Employee plaque. CONSENT CALENDAR Ranmger moved to approve Consent Calendar Items A through L. Clark seconded and the motion carried A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of October 16, 2007, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through September 30 and paid on September 30 after auditing by the Operations Committee on October 16, 2007, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 9/30/07 Wire Transfers 2996-3012 $1,392,137 98 9/30/07 Regular 612518-612970 4,708,195.82 L 9/30/07 Void Checks 612685-612560 (284,626.13) Use Tax Payable 1,770.47 ' $5,817,478.14 1 Kent City Council Minutes November 6, 2007 Interim Check Run: 9/28/07 Vold Check 296225 -518.49 Reissued Check 300503 518.49 Total Regular Payroll 0 Checks issued for payroll for September 16 through September 30 and paid on October 5, 2007, were approved- Date Check Numbers Amount 10/5/07 Checks 300504-300796 $ 222,876.05 10/5/07 Advices 219629-220352 1,379,520 52 $1,602,396.57 C. Land Use And Planning Board Appointment. (CFN-174) The Mayor's appointment of Ms. Barbara Phillips to the Land Use and Planning Board was confirmed. Ms Phillip's term will expire December 31, 2010. D Arbor Heights 360 Park Construction Easement. (CFN-118) The Mayor was authorized to j sign the documents necessary to grant and record the construction easement for construction of a rock wall at Arbor Heights 360 Park, upon approval by the City Attorney. E. Community Development Block Grant Comprehensive Plan and 2008 Annual Action Plan. (CFN-493) The Mayor was authorized to execute the appropriate certifications and agreements for the proposed 2008 —2012 Community Development Block Grant Consolidated Plan and 2008 Action Plan with funding allocations. F. State of Washington Department of Social and Health Services Grant Agreement for Safe Havens Services. (CFN-118) The Mayor was authorized to sign the DSHS grant agreement with the State of Washington for S 13,200 00 to fund Safe Havens services and approve the expenditure of funds in the Safe Havens budget. G. Federal Department of Justice Grant Agreement for Safe Havens Services. (CFN-118) The Mayor was authorized to sign the grant agreement with the Federal Department of Justice for $250,000.00 to fund Safe Havens Services and approve the expenditure of funds in the Safe Havens Budget. H. 2007 Third Quarter Fee-in-Lieu Funds. (CFN-118) The $50,400.00 fee-in-lieu funds were accepted and the expenditure of funds in the 272"d Neighborhood Park , 132"d Avenue Park and Turnkey budgets was authorized The City of Kent received a total of$50,400 00 from three developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in three subdivisions. I. King Conservation District Grant Agreement for Three Friends Fishing Hole. (CFN-118) The Mayor was authorized to sign the King Conservation District reimbursable grant agreement for S 10,557 93 to fund the Three Friends Fishing Hole Planting project and approve the expenditure of funds in the Three Friends Fishing Hole budget. 2 Kent City Council Minutes November 6, 2007 J. Kiwanis Club Donation for Service Club Ball Park (CFN-104) A $5,168.66 donation from Kiwanis Club of Meridian-Kent was accepted and the expenditure of funds in the Service Club Ball Park budget was approved. The S5,168.66 from Kiwams Club of Meridian-Kent is final payment from the original pledge of$35,000.00 from the three local Kiwans Clubs to support construction of the Service Club Ball Park. K Heating, Ventilation and Air Conditioning Svstems Replacement Agreement. (CFN-120) The Mayor was authorized to sign the agreement with McKmstry for $96,193.96, to complete a Heating, Ventilation and Air Conditioning Systems Replacement study, subject to review by the City Attorney's Office. Several city buildings are approaching twenty years of age and the HVAC equipment is predicted to fail within the next ten years. McKmstry was selected as an Energy Services Company to perform a detailed engineering study for replacement of the city's HVAC systems. jL. South King County Activities Center (SKCAC) Memorandum of Understanding, Styrofoam Recycling Program. (CFN-1038) The Mayor was authorized to sign the Memorandum of Understanding to signify the City's support for SKCAC Industries in establishing a styrofoam recycling program. OTHER BUSINESS A. Legislative Platform. (CFN-198) Michelle Witham, Community and Public Affairs Manager, outlined the legislative platform as follows. jail housing; local infrastructure funding; prostitution on Pacific Highway South; Center for Advanced Manufacturing funding; unfunded mandates, and transportation. Upon Harmon's question, lobbyist Doug Levy noted that the streamlined sales tax legislation will go into effect on July 1, 2008. Ranmger moved to adopt the 2008 Legislative Platform. Harmon seconded and the motion carried. REPORTS jA. Council President. (CFN-198) No report was given. B Mayor. (CFN-198) Mayor Cooke announced that she attended Fire Operations 101 training, and that the City has received from the Department of Community Trade & Economic Development a grant in the amount of$125,000 to be used with the City of Des Moines forjoint planning efforts for the shared Pacific Highway South/Midway commercial area. C. Operations Committee. (CFN-198) Clark noted that the budget will be reviewed at the next meeting on November 20, and that the following meeting will be held on December 4. D. Parks and Human Services Committee. (CFN-198) Ranmger noted that the results of the public outreach efforts regarding the Aquatic Center will be announced at the workshop on November 20. I E. Planning and Economic Development Committee. (CFN-198) Harmon noted that, because of the holiday on November 12, the next meeting will be held at 6:00 p.m. on Monday, November 19. F. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will be held on Tuesday, November 13, at 5.00 P.M. 3 Kent City Council Minutes November 6, 2007 G. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be held at 5.00 p.m. on Monday, November 19, 2007. H. Administration. (CFN-198) No report was given. ADJOURNMENT The meeting adjourned at 7:27 p.m. Brenda Jacober, CMC City Clerk 4 1 Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: HUMAN SERVICES COMMISSION REAPPOINTMENTS - CONFIRM i 2. SUMMARY STATEMENT: Confirm the Mayor's reappointments of Jon Botten, Dini Dublos and Pastor Brett Hollis to Kent's Human Services Commission. Mr. Botten's term will expire on January 1, 2008 and his reappointment will expire on January 1, 2012. Ms. Duclos' term will expire on January 1, 2008 and her reappointment will expire 1 on January 1, 2012. Pastor Hollis' term will expire on January 1, 2008 and his reappointment will expire on January 1, 2012. i 3. EXHIBITS: Memorandum 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. 6C OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone 253-856-5700 Fax 253-856-6700 ' Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASHINGTON DATE. November 20, 2007 TO: Deborah Ranniger, Council President City Council Members FROM: Suzette Cooke, Mayor RE: Re-appointments to Human Services Commission 1 am requesting your approval of my re-appointments of Mr. Jon Botten, Ms. Dini Duclos and 1 Pastor Brett Hollis to serve as members of the Kent Human Services Commission. Jon Botten—I appointed Jon at the beginning of the year to fill a vacant seat Jon has been an asset to the Commission and great contributor with the background he brings the Commission being Director of Dynamic Family Services. Jon indicated he would very much like to remain on the Commission and I strongly support him. Jon's new term will expire on January 1, 2012 Dini Duclos— Dini Duclos has served on the Human Services Commission for the past three years. Her background and breadth extends across many boundaries. Dint is currently the Director of the South County Multi-Service Center and her expertise extends to Kent through ' Titusville Station and representation of the Alliance Center Her experience and background will be very beneficial in next year's budgeting cycle of the Commission Dini is willing to serve another term and I strongly support her continuing service on the Commission Dinr's new term will expire January 1, 2012. Pastor Brett Hollis— Pastor Hollis is a valuable member of the Human Services Commission. In speaking with Pastor Hollis, he indicated that he is willing to serve another term. He has used the information learned serving on the Commission to inspire his church to take on issues such as Financial Literacy. As you know this is the second year they will partner with the City, business and nonprofits to hold a financial literacy fair. Pastor Hollis' new term will expire i� January 1, 2012. Thank you for your consideration and I submit these re-appointments for your confirmation. i ' Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: BILL OF SALE, EVANS SHORT PLAT - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Evans Short Plat for 223 linear feet of sanitary sewer, 2 sanitary sewer manholes, 180 centerline linear feet of streets, 765 linear feet of storm sewer line, 2 storm sewer manholes, 9 catch basins, and 6885 cubic feet of detention pond storage. This project is located at 116th Avenue S.E. 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: iACTION: Council Agenda Item No. 6D AO � 00 KENT 1 WASH INGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4"'AVF,NUE SOUTH KEN'I. WASHINGTON 98032 PROJECT: Ar n v Vwrl Plat LOCATION: I164'Ave. S F. TALC ACCT NO. 21220.5-9014-09 BILL OF SALE CITY OF KENT KING COUNTY,VNASIIINGTON n � TRIS INS UMFNT m• de this Z' day of u ys t` o O by anti Ixtween ?e L Ll!o c- hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State or Ytashington,hereinafter called"Grantee": WITNESSE 11: 'chat the said Grantors for a valnable consideration,does hereby grant,bargain,sell to IPrantee the following described improvements: A. WATUL iAI'VS: together witha total of — gate valves a($ -- tlelt, hAraniS at 1 - each and I or any other appurtenances thereto. ()N FROM 1`O (street,e.mL etc) Inclztdino - linear feet at S per LF of (34A. &type) waterline. It. a�r,r1ARY_,E)XFRS: Together► ilItatotalor 2 manholes at S f w10 each and t or any other appurtenances thereto. ON FROM To (street,taint,etc) r includiao 223 linear feet at S _30 per I,F of S-inch {size&t)Tpe) PV(' sewer line. C. STR E'_"J'';i Together with curbs,gutters,%idewallts,and/or any other appurtenances thereto. ONIh"ROhT TO (street,esrnt,etc) II7/h C4 Is,li. .4lon�iz front,,qye q]Irropeny I10th_4ve.S.E. Aluflgjrcuttcrge of laroperty , Including 180 centerline[Sat S?0 perLF of reaidennor artencrl(112 streets (type)streem. 7 _Feet asphalt roadway, D. STORM S_FAi;kS: Together with a total of 2 manholes at.5LLQ.Qcach or a total of 9 catch basins at$800 each, i,F of biotiltratxon Swale or drainage ditch will)a total cost of S--- , — 6AV5 CV of detention pond storage with a total cost of SS12,000 ,and I or any other appurtenance), thereto. ON FRONT TO (.street,esant,etc) Iruzf 3 Withnr hrvjecI sire lneiut6ng Z.65 linear feet at S 26 per LF of 1-1-inch (size&type) PVC 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 hate been paid; that it auwr the right tea sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand oTall person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its , successor,and:assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IlN W1TNf.SS W HFRFOF.the undersigned has caused this instrumeett to be executed on this 2 r+ day of �"llf I V S. ,20 _. R3:i 7G� e j. SPATt:OF'4 ASHtNGTON ) )SS catlNTv OF 1{flsit; On this Z day of Q�4 � 20 before me,the undersigned A Notary Public i—n�ntl fear t e`Mate of Washington,duly cttntmissioned and sworn,Petsonally appeared L V i TL�� to me known to be the individual described in and who executed the foregoing;instrument,and acknowledged to me that to-Ahe signed and sealed this instrument as hWher free and voluntary act and deed for the uses and purposes therein mentioned. CIVEN under my hand anti official seal 66 2 ILL-dayof 4u2tFS- ` 20 ,`�tttUttttpttt�i Ik Uq 1 �� �:••MENT. CC i r, ar�a�,Qs�Ry9FN 9 Notary Public in and for the State of Washington,residing at IZ CAA j� a/••w�g� ��� My Commission Expires:_ ���hmuttu�� PPA i 1 r t t f t - 1 ADDFNDU.M TO B#LL OF SALE: CITY OF KENT The figures used on the Bill of Sale for Pvaac,Short Phil project dated .Sel)temher 7 2006 ,were based on the"As-built" Engineering Flans dated . Ilrjv'h- 007 ,for the same said k'i twc Mfi-rl Mat project. Dan P,alrlte/h the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill tit'Sale and is an employee of &/I- auven( h,'"gilree s ,the firta responsible for the preparation of the"As-Built"Engineering Drawings. Signature I 1 I 1 1 Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: BILL OF SALE, NICK ADDITION - ACCEPT 1 2. SUMMARY STATEMENT: Accept the Bill of Sale for Nick Addition for 214 linear feet of watermain, 1 gate valve, 1 hydrant, 317 linear feet of sanitary sewer, 3 sanitary sewer manholes, and 315 centerline linear feet of streets. This project is located at SE 2341h/117th SE. 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, Counalmember seconds DISCUSSION: ' ACTION: Council Agenda Item No. 6E e KENT W A S H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4 AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Nick Addition LOCATION: SE 23e/117*SE ' TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY,WASIDNGTON ' THIS INSTRUMENT made this day of 20 ,by and between I hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,hereinafter called"Grantee": 1 WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. 3MA3Tj MAMS: together with a total of 1 gate valves at S 700 each, I hydrants at$ 2500 each and/or any other appurtenances thereto. ON Tract B FROM TO (street,esmt,etc) Including 214 linear feet at S 35 per IF of a" 1 (size&type) L3. waterline. B. SANITARY S: Together with a total of 3 manholes at S 25H each and/or any other appurtenances thereto. 1 iR 4 Bill of Sale ON Tract B FROM TO (street,esmt,etc) Including 317 linear feet at S 40 per LF of S" (size&type) PVC sewer line. ' C. STRF.F.TS; Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. , ON SE 230 St. FROM TO (street,esmt,etc) , Including 315 centerline LF at$ 50 per LF of asphalt (type)streets, 15 Feet asphalt%roadway. D. STORM SFNUM Together with a total of manholes at$ each or a total of catch basins at$ each, LF of biofiltration swale or drainage ditch with a total cost of S CF of detention pond storage with a total cost of S ,and/or any other appurtenances thereto. ON FROM TO ' (street,esmt,etc) Including linear feet at S per LF of (size&type) 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 aforesaid;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. IN WHERE(j� e,ppdersigned has caused this instrument to be executed on this day of (J( •('�U{(}(�/ ,20 nT 04(� 2 of 4 ' Bill of Sale I I STATE OF WASMNGTON ) )SS COUNTY OF KING ) /� IOn this`day of 0/' '20 l 1�before me,the undersigned A Notary Public tKand for th-e-.tati{of Washington,duly commissioned and sworn,Personally appeared \11142L L/�..tuy%"^ to me[mown to be the individual described in and who executed the foregoing instrument,and acknowledged to we that helshe 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__0_day of 20 M.B lIII,, rSdt sIoN ', �� Notary Pub*in S J E ao6i, r�RA p�Nm 4 State of Washington,residing at „^2 U�- ',a�„�„• M Commission Expires: '/���f�OFIWASN``���� Y p I 1 1 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 i 1 1 1 1 3 of 4 ' Bill of Sale ADDENDUM TO BILL OF SALE CITY OF KENT r The figures used on the Bill of Sale for Nick Addition Short Subdivision project dated 10/16/07 ,were , based on the "As-Built"Engineering Plans dated 10/16/07 , for ' the same said Nick Addition project. Shupe Holmberg 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 Baima& Holmberg ,the firm responsible for the preparation of the"As-Built" Engineering Drawings. , f(��-�-.,tZC'ct�1 r}i'.'taYir'+',.4,:•_..a...y� r WA Signature ° EXPIRES 11 /�o/O F r 1 1 r r r 4 of 4 Bill of Sale , r ' Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: BILL OF SALE, MULDER PLAT — ACCEPT 1 2. SUMMARY STATEMENT: Accept the Bill of Sale for Mulder Plat for 657 linear feet of sanitary sewer, 4 sanitary sewer manholes, 926 centerline linear feet of streets, 1177 linear feet of storm sewer line, 13 catch basins, and 35,640 cubic feet of detention pond storage. This project is located at 26009-124th rAvenue SE. 1 r r 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: r Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds r DISCUSSION: ACTION: ' Council Agenda Item No. 6F I Bill of Sak Pagg I of4 KENT WAS Hit4GToN MAIL TO.- ENGINEERING DEPARTMENT ATTN. 220 4'AVENUE SOUTH KENT,WASHINGTON 980322 PROJECT- IYlw .D T'I.,E4i ' LOCATION: 21 d 0 9 12.0 X r.SF, TAXACCTNO- ZgZ205 Qf l�v� Y7�� BULL OF SALE ' CITY OF KENT KING COUNTY,WASHINGTON ' THIS INSTRUMENT made this 5 day of 200-7 ,by and between hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,herinafter called"Grantee": WTT.NL ESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATERMAINS: together with a total of gate valves at S each, hydrants at S each and/or any other appurtenances thereto. - ON FROM TO (street, esmt,etc) Including linear feet at S per LF of 1 (size& type) waterline. B. SAN 17ARY SFI S: Together with a total of 4 manboles.at S 3000 each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) ' St 2 ,,O-n QL. IZ4 ' Ply- I2-2_rd I ve . SF Page 1 of 4 Bill of Sale Page 2 of 4 a Including (oS7 _linear feet at S 30.d O per IF of 8 (size&type) P sewer line , C. STREETS- Together with curbs,gutters,sidewalks,and/or any other appurienances thereto. ' ON FROM TO (street,esmt,etc) t2.q 'ILZ."� E. S vo-o PL Zteofh P(— Nor'l�► fhb' Luhc_ 12.Z VA f4, .St,. 59— Including Z(# centerline LF at S 25� per LF of fZF-S t peSuTi t}t.. (type)streets, ZS Feet asphalt roadway. D. STORM SFMYMS: Together with a total of O manholes at S each or a total of !3 catch basins at S ce60 each, 0 _ __.Q _LF of biofiltration"ile or drainage ditch with a total cost of S __ 3Qe4-Q_CF of detention pond storage with a total cost of S (�.5�od o ,and/or any , other appurtenances thereto. l Z4f-�- Acvt 5ov rR ON FROM TO , (street,esmt,etc) ZZ� �� St` Z toga� 1- L� A�,e 1 Including�H-_ linear feet at S 2-5- per LF of Izn PyC- & D.T . ' (size& type) -4::MP W\ sewer tine. 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 proper13;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 aforesaid; 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 prodded in the applicable City Ordinances. IN WITIN'ESS NVE EREOF,the undersigned has caused this instrument to be executed on this _day of // ,20en STATE OF NVASHV GTON ) , )SS COUNTY OF MG )ylkp On this I day of 1V L14'200- , before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and Page 2 of 4 Hill of Sale 1 STATE OF WASHINGTON ) ) SS ' COUNTY OF KING ) On this T� day of �Ls ,20 before me,the undersigned A Notary Public in and for the ate of Washington,duly commissioned and sworn,Personally appeared t C to me known to be the individual described in and who executed the foreg g 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 0-1 4k,tr i otary Publid in aid for the State of Washington,residing at Notary Rac = My Commission Expires:1'b& state of anti npion HEATHER M THOMAS My Ap x**Y snt EWkm Apr 17.21MB 1 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 3 of 4 Bill of Sale KENT WASH 1NGTON , ADDENDUM TO BILL OF SALE CITY OF KENT KLNG COUNTY,WASHLNGTON The figures used on the Bill of Sale for MUC.D[-4Z_ R_frT ' project dated 1241510S- ,��ere based on the"As-Built" Engineering Plans dated -, for , the same said M U --DC{Z PL_� project. ' _ Mp,mFS T. y -Get2 the undersibned P.E. or land surveyor is the person responsible for the preparation of the Bill ' of Sale and is an employee of V �GI`o� ��lG trs►---t<CR{�G, the �rcn ' responsible for the preparation of the "As-Built"Engineering Drawings. Sig ture 't7, f Kent City Council Meeting Date November 20, 2007 ' Category Consent Calendar 1. SUBJECT: CONSULTANT AGREEMENT FOR ANALYZING THE 590 PRESSURE ZONE - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement with RH2 Engineering Inc., for the 590 Pressure Zone Improvement Project in the amount of $66,385, upon concurrence of the language therein by the City Attorney and Public Works Director. In order to maintain compliance with WAC 246-290-230(5), the City must make improvements to portions of the 590 pressure zone. 3. EXHIBITS: Public Works Memorandum, copy of WAC 246-290-230(5), and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: Council Agenda Item No. 6G PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address* 400 West Gowe Kent, WA 98032-5895 Date: October 17, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date- November 5, 2007 From: Dave Brock, Utility Engineer Through: Larry Blanchard, Public Works Director Subject: Consultant Services Agreement with RH2 Engineering Inc. for Analyzing the 590 Pressure Zone ITEM 2 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the Consultant Services Agreement with RH2 Engineering Inc. for the 590 Pressure Zone Improvement Project in the amount of $66,385, upon concurrence of the language therein by the City Attorney and Public Works Director. Will document be required? ❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: WAC 246-290-230(5) Background/History: The 590 Pressure Zone is the High East Hill Pressure Zone of the Kent Water System and has varying topography. The higher elevations (approximately 500+ feet) are located in the vicinity of 116th Ave SE and SE 240th Street. WAC 246-290-230 stipulates minimum water system pressure requirements. WAC 246-290- 230(5) specifically requires water systems to provide a minimum of 30 pounds of pressure at service connections during the Peak Hour Demand (PHD) on the Peak Day (PD) of the year. The Kent Water System does not meet this pressure requirement in the higher portions of the ' 590 pressure zone, during certain times of the day. Therefore, the City has negotiated a scope of work and budget ($66,385) with RH2 Engineering Inc. to perform hydraulic modeling of this pressure zone to identify solutions to meeting the PHD pressure requirement. Summary: To maintain compliance with WAC 246-290-230(5), the City must make improvements to portions of the 590 pressure zone. The PW Department is seeking authorization for the Mayor to sign a Consultant Services Agreement with RH2 Engineering Inc. in the amount of $66,385. Recommendations: Recommend authorization for the Mayor to sign the Consultant Services Agreement with RH2 Engineering Inc. for the 590 Pressure Zone Improvement Project in the amount of $66,385, upon concurrence of the language therein by the City Attorney and Public Works Director. U IPffC0MMWe12007Ad1wP990TWC110507Vte 2ConsultSY )tH2Eng590PmssureZone doe 1246-290-222 << 246-290-230>> 246-290-235 WAC 246-290-230 'Distribution systems. (1) The purveyor shall size and evaluate new, or expansions to existing, distribution systems using a hydraulic analysis acceptable to the 'department (2)The minimum diameter of all distribution mains shall be six Inches (150 mm) unless smaller mains can be justified by hydraulic analysis. ' (3) Systems designed to provide fire flows shall have a minimum distribution main size of six inches (150 mm) (4) Installation of new standard fire hydrants shall not be allowed on mains less than six inches (150 mm) in diameter Existing fire hydrants on currently active mains less than six inches (150 mm) in diameter shall be allowed to remain provided (a)The existing distribution system consists of mains at least four inches (101 6 mm) in diameter, and the fire flow available from existing four-inch (101 6 mm) mains within the proximity of the fire hydrant exceeds the minimum fire flow standard adopted by the local fire protection authority,and (b) The location and Installation of the fire hydrants on the four-inch (101 6 mm) main have received approval by the local fire protection authority (5) New public water systems or additions to existing systems shall be designed with the capacity to deliver the design PHD quantity of water at 30 psi (210 kPa) under PHD flow conditions measured at all existing and proposed service water meters or along property lines adjacent to mains if no meter exists, and under the condition where all equalizing storage has been depleted (6) If fire flow is to be provided,the distribution system shall also provide maximum day demand (MDD)plus the required fire flow at a 'pressure of at least 20 psi (140 kPa) at all points throughout the distribution system, and under the condition where the designed volume of fire suppression and equalizing storage has been depleted (7) Booster pumps shall be designed in accordance with good engineering criteria and practices as listed in WAC 246-290-200 ' (8) On existing systems, or for additions to existing systems, that are unable to meet the pressure requirements of this section, booster pumps for individual services may be used in the Interim until system Improvements are made to resolve pressure deficiencies In this situation, the Individual booster pumps shall be under the management and control of the purveyor (9)Transmission lines as defined in WAC 246-290-010 shall be designed to maintain greater than or equal to five psi (35 kPa) during normal operations, except when directly adjacent to storage tanks, and shall be sized according to a hydraulic analysis Transmission mains designed to operate at velocities greater than ten feet per second shall include a hydraulic transient (water hammer) analysis in conjunction with the hydraulic analysis [Statutory Authority ROW 43 02 050[43 20 0501 99-07-021,§246-290-230,filed 319199,effective 4/9/99 Statutory Authority ROW 43 20 050 94-14-001,§246-290- 230 hied 6/22/94,effective 7/23/94,93-08-011 (Order 35213), §246-290-230,filed 3/25/93,effective 4/25/93,91-02-051 (Order 124B),recodified as§246-290-230,filed 12/27/90,effective 1/31/91 Statutory Authority RCW 34 04 045 88-05-057(Order 307),§248-54-135,filed 2/1788 Statutory Authority ROW 43 20 050 83-19-002 (Order 266),§248-54-135,filed 9/8/83] ' 4 • ' KENON WnS MINGTON CONSULTANT SERVICES AGREEMENT 1 between the City of Kent and R112 Engineering THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and RH2 Engineering organized under the laws of the State of Washington, located and doing business at 12100 NE 195th Street, Suite 100, Bothell, WA 98011, Phone (425) 951-5400/Fax. (425) 398-2774, Contact: John Hendron (hereinafter the "Consultant"). ' I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall complete the hydraulic analyses and study of the City of Kent's 590 Zone and identify and size the required improvements to implement a new pressure zone within the higher elevationso lhte 590 Zone. For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed ' II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by April 30, 2008. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Six Thousand, Three Hundred Eighty Five Dollars ($66,385 00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit C B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) 5 , payment within forty-five (45) days of receipt of an invoice If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- , Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this ' Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. 1 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. ' VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit D attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) 6 IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disotes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) 7 D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the ' addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. if the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. j CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name--Suzette Cooke Its Its Mayor (Title) (Title) DATE. DATE: CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) LNOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: ' John Hendron Larry R. Blanchard RH2 Engineering City of Kent 12100 Ne 195th Street, Suite 100 220 Fourth Avenue South Bothell, WA 98011 Kent, WA 98032 (425) 951-5400 (telephone) (253) 856-5500 (telephone) (425) 398-2774 (facsimile) (253) 856-65-- (facsimile) APPROVED AS TO FORM: Kent Law Department RH rr -590 Zone/Brock CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) 9 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200_ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS- CITY OF KENT is ADMINISTRATIVE POLICY NUMBER- 1.2 EFFECTIVE DATE January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES. April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: iEqual employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to S10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT ' EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200, By: For: Title: Date: 1 EEO COMPLIANCE DOCUMENTS- 12 Exhibit A City of Dent Low Pressure Area Study and Report r Professional Engineering Services Scope of Work October 2007 BACKGROUND This document contains the Scope of Work for professional services to complete the hydraulic analyses and study of the City of Kent's (City) 590 Zone and to identify and size the required improvements to implement a new pressure zone within the higher elevations of the 590 Zone. This project will be completed in three sequential phases. The first phase, which this Scope of Work describes,will be the hydraulic analyses and study phase. This will be followed by the design phase and lastly, the construction phase RH2 Engineering (RH2) proposes to complete the following tasks to accomplish the first phase. Below is a listing of the objective, approach, deliverable products and information needed from the City for each task. ACTIVITY A 1 WATER SYSTEM MODEL REVIEW TASK 1: GATHER OPERATIONAL DATA, HYDRAULIC MODEL AND EVALUATE DATA tObjective: Collect existing distribution system operational information and existing hydraulic model. Operational information will include tank operational levels, supply facility on/off set points and capacities of existing facilities. The review of the model shall be focused on the 590 Zone specifically; however a cursory look at dynamic pressures in the lower zones will be conducted to determine the potential impacts of the 590 Zone improvements on the remainder of the water system. This effort is assumed to include evaluating pressures at up to six nodes in the lower zones and will not include fire flow analyses outside of the 590 Zone and proposed pressure zone Determine accuracy and necessary updates for existing hydraulic model (Model accuracy will be relevant to those portions of system critical to the low pressure area). Approach Coordinate with the City for data collection and review operational data from SCADA system. Review hydraulic model and coordinate with City staff to verify that relevant water system infrastructure is accurately represented Coordinate with City GIS department to obtain related G1S layers for topographical, land use, zoning and water system information. Update hydraulic model with water mains and other water system improvements completed since the last hydraulic model update Operate the hydraulic model and compare with operational data and fire flow testing data collected within the last year Page 1 10/17/0712:47 PM \\rh2\dt,\NcwB..neas\Proposal\City of Kem\2007 PZ improvements\Gty of Kent Scope of Work-10-1-07 doc 13 GO of Kent Ex/aIntA 2007 Low Pressure Area Study and Deport Professional Engzneenng Seances Scope of Ik'ork Task Deliverables A memorandum or report stating our observed accuracy of the model and a description of hydraulic model updates (if any) completed to upgrade the model to obtain the accuracy required for the purposes of this project. Provide an electronic copy of all data reviewed and evaluated by RH2 for this task. An electronic copy of the updated hydraulic model will be provided after model updates have been completed Information Needed from the City for this Task 1. Copy of all hydraulic model files (AutoCAD and datafiles). The City's hydraulic model was received during the scopmg meeting with the City 2. GIS data relating to water system infrastructure, parcels, populations, land use, zoning and topographical information. If GIS data is not available from the City, RH2 may be able to use King County or Puget Sound Regional Council GIS data. 3. SCADA data in Excel (or csv) format over a 24-hour period for the top continuous 10 demand days in 2004, 2005 and 2006 (30 total days / three periods of ten days each) 4. Operational levels for the City's 590 Zone reservoirs and tanks. 5. Supply source information for the following facilities under normal and peak supply conditions a. Tacoma interne flowrate; b. Tacoma interne pressure, c. East Hill Well flowrate, and d. 590 Zone Pump Station flowrate e. Which supply sources typically operate together during normal and peak demands 6. Average yearly and peak monthly consumption by pressure zone (if recorded) for the last three years (2004, 2005 and 2006). 7. Fire flow testing data performed within the past year in the 590 Zone. If none exists, it is assumed that the City or the fire department can run several hydrant flow tests to determine available fire flows and pressures in the field to calibrate the model. TASK 2: WATER SYSTEM DEMAND UPDATE Objective: Update 590 Zone demands in the hydraulic model and update 590 Zone future maximum demand projections based on latest planning data and consumption observed in the zone. Approach Meet with the City planning department to review population projections, current zoning and future land use in the 590 Zone Also discuss anticipated future maximum fire flow requirements Determine future population projections for the 590 Zone and combine with per capita demand data to project future demands in the zone Update hydraulic model to include revised future demands and fire flow requirements Page 2 9/28/2007 7 55 00 AM \\rh2\dts\NemUnstness\Proposa[\City of Kcot\2007 PZ Improvements\C¢o aKent Scope of Wod-10.1-07-eloc ' 14 City of Kent ExblbitA 2007 hm Pressure Area Study and Deport Professional Engtneenng.Seances .Scope of lllork Task Deliverables Hydraulic model updated with projected future demands for the 590 Zone. Electronic copy of analyses summary tables, demand projection spreadsheets and information used as basis for demand projections in the 590 'Zone Information Needed from the City for this Task 1. Meeting with planning department. 2. Population growth forecasts 3. Land Use information specific to 590 Zone. I ACTIVITY B PRESSURE ZONE DELINEATION AND HYDRAULIC ANALYSES TASK 1: PRESSURE ZONE DELINEATION Objective: Establish boundaries of proposed pressure zone to eliminate low pressure areas in the northeast portion of the 590 Zone Meet with the City to present a draft zone boundary and to receive input from City operations and engineering staff Approach Evaluate contours to locate areas of high elevation in the 590 Zone. Compare contour information with areas of recorded low pressures and water system maps. Create pressure zone boundary based on elevations and water system infrastructure with a goal of minimizing the effects on water system looping and north/south east/west conveyance pipelines (note the City is concerned about the creation of dead-end mains). Establish hydraulic elevation of proposed zone based on elevations and desired maximum and mimmum pressures desired by the City Task Deliverables 1. Figure showing delineation of proposed pressure zone, including proposed isolation valve locations. 1 2. Meeting with City to discuss boundary and modifications necessary. Information Needed from the City for this Task I 1. Electronic copy of 590 Zone water system map in digital format. Map will need to include existing mains,valves and facilities. 2. Elevation information for 590 Zone. Data should be in digital format; GIS or AutoCAD format is preferred TASK 2: HYDRAULIC ANALYSES—BOOSTER PUMP OPTION Objective: To determine the number, capacity and location of a proposed booster pump station(s) to supply the proposed pressure zone j Page 3 9/28/2007 7,5500 AM \\rh2\dfs\Neu Business\Pmposal\Ctty of Kmt\2007 PZ Improvements\Gay of Kent Scope of Work-10-1.07 doc 15 Gz ,of Kent ExbibitA L 2007 Lout Pressure Area.Study and Report Professional Engzneenug Seances Scope of Work Approach Input booster pump station improvements into hydraulic model. The booster pump station would be modeled located at up to four locations including the Citp's new maintenance facility site and the City's Blue Boy Tank site. The analyses will consider the option of having one or multiple booster pump station(s) supplying the new zone. During the multiple pump stations supply alternative, analyses will consider how the proposed pump stations react to each other to ensure pressures do not become too high in the proposed zone and that the pumps are not pushed back on their curves to the point that maintenance and efficiencies become a concern. By analyzing several locations, the best site(s) (from a hydraulic standpoint) can be determined The service boundary of the new zone(s) would be the boundary determined in Task 1 For each location and combination of locations, the following items will be generated: 1. Summary table identifying pressures at nodes throughout the 590 Zone and proposed zone in the existing system and after the proposed improvements are constructed. This shall include, and highlight, the locations (with or without existing nodes) and pressures at the point(s) of highest elevation is each of the zones. 2. Summary table identifying available and derated fire flows at nodes throughout the 590 Zone and proposed zone in the existing system and after the proposed improvements are constructed Derated flows are those available considering maximum allowable velocities in the water mains. 3. List of water system improvements (transmission mains, PRV stations, zone boundaries, pump station(s), etc) required to eliminate pressure deficiencies in the 590 Zone while not creating any additional pressure or fire flow deficiencies in other areas of the 590 Zone or in the new zone. 4. Engineer's preliminary, budgetary construction cost estimate for proposed improvements. 5. Supply capacity of the proposed booster pump station(s). It is important that the proposed facility does not overly deplete the City's storage capacity Analyses to determine if storage can be replenished within an acceptable amount of time will also be performed. Task Deliverables 1 Preliminary project cost estimate for proposed improvements for each booster pump station location. 2. Tables summarizing existing and proposed dynarnic pressures at nodes throughout the 590 Zone and proposed zone. Information Needed from the City for this Task 1. Existing hydrant locations,digital format is preferred 2. City's current 6-year capital improvement project list. 3. City's current 6-year road reconstruction and overlay program. Page 4 9/28/2007 7 55-00 AM \\rh2\dfs\NcwBuslncss\Pmpmil\Cary of Kent\2007 PZ impromnca s\0m of Kent Scope of Work-10-147 dot I 16 Cary of Kent ExbibitA 2007 Low Pressure Area.Study and Report Professional Engtneerrng.Semites .Scope of Vork TASK 3: HYDRAULIC ANALYSES—ELEVATED TANK OPTION Objective: To determine the capacity and feasibility of a proposed elevated tank at the City's new maintenance facility site or the City's existing Blue Boy Tank site to supply the proposed zone. Approach Input elevated tank improvements into the hydraulic model The proposed tank would be modeled located at the City's new maintenance facility site and the Blue Boy Tank site. By analyzing the improvement at both locations, the best site (from a hydraulic stand-point) can be determined. The service boundary of the new zone would be that boundary determined in Task 1. For each site the following items will be generated: 1. Summary table identifying pressures at nodes throughout the 590 Zone and proposed zone in the existing system and after the proposed improvements are constructed This shall include, and highlight, the locations (with or without existing nodes) and pressures at the point(s) of highest elevation is each of the zones. 2. Summary table identifying available and derated fire flows at nodes throughout the 590 Zone and proposed zone in the existing system and after the proposed improvements are constructed. 3. List of water system improvements (transmission mains, PRV stations, zone boundaries, pump station(s), etc.) required to eliminate pressure deficiencies in the 590 Zone while not creating any additional deficiencies in other areas of the 590 Zone. 4. Engineer's preliminary, budgetary project cost estimate for proposed improvements. The operation of the proposed tank and the City's currently-planned 8 million gallon tank will be evaluated to verify that the filling of the elevated tank does not deplete the 8 million gallon tank Operational strategies will also be explored that balance the capacity of the elevated tank For example, the elevated tank could be sized to include operational and equalizing storage, while fire flow and standby storage could be stored in the 8 million gallon tank and pumped to the elevated tank if needed. Task Deliverables 1. Preliminary construction cost estimate for proposed improvements. 2. Tables summarizing existing and proposed dynamic pressures at nodes throughout the 590 Zone and proposed zone. Information Needed from the City for this Task 1. Existing hydrant locations. 2. City's current 6-year capital improvement project list. 3. City's current 6-year road reconstruction and overlay program. j Page 5 9/28/2007 7 55-00 Mf \\da\dfs\Nc%Business\Propoml\Gty of Kent\2007 PZ lmprov u\Cuy of Kent Scope of Work-10-1-07.doe 17 City of Kent Exh b A 20071.ow Pressure Area.Study and Report Professional Engzneenng.Seances Scope of lVork i ACTIVITY C PROJECT REPORT TASK 1: CREATE PROJECT REPORT Objective: To create a comprehensive report for City's reference and future use The purpose of the report is to summarize the 590 Zone's existing and projected future demands and population, summarize the results of hydraulic analyses conducted for creating the proposed pressure zone and describe the proposed improvements required to resolve the low pressures in the 590 Zone. Approach RH2 will meet with the City to create a list of ranking criteria. It is assumed this meeting can be , conducted at the same time as the meeting for determining pressure zone delineation criteria in Activity B, Task 1 The ranking criteria will be used to evaluate the alternatives and select the best solution , according to the criteria RH2 will prepare a preliminary list of criteria and work with the City to modify as desired. One meeting is anticipated to evaluate the ranking criteria. The hydraulic analyses results and cost estimates prepared for the tasks above will be incorporated in the report and discussed in text to further describe the proposed improvements. The booster pump station and elevated tank alternatives shall be defined in the report. RH2 will work with the City to create ranking criteria to rate each alternative and select the best alternative. Tables and figures will be included throughout the report for clarity. The following tables and figures are anticipated. Proposed Detailed Zone boundary figure Proposed facility and improvements location figure Existing population and demands in existing 590 Zone Existing population and demands in proposed zone Build-out population and demands in proposed 590 Zone and in the new zone Project cost estimates for all alternatives Alternatives ranking criteria Alternatives ranking matrix (including ranking score for each alternative) Draft Plan Figure of Recommended Solution After the report is generated, a preliminary draft will be submitted to the City for review and comment. RH2 will meet with City staff to discuss the report and any modifications requested City comments will be incorporated in the final draft of the report. The final report will include RH2's recommended solution for creating the proposed zone. Page 6 9/28/2007 7 55-00 AM \\rhZ\dfs\NewBusmess\Proposal\Gty of Kent\2007 PZ Improvements\City of Kent Scope of Work-10-1-07 doe , City of Kent Exl$A 2007 hlv Pressure Area Study and Report Professional Enpneenng Seruces Scope of Vork Task Deliverables Four hard copies of a project report describing the need, planning data and improvements required for establishing a new pressure zone In the existing 590 Zone to alleviate pressure deficiencies. Hectronic copies of the hydraulic model including proposed improvements, analyses result tables / figures and project report Information Needed from the City for this Task City input on desired ranking criteria. Input will be obtained via meeting, telephone calls and emails. r r r t r r r r r i Page 7 9/29/2007 7•55,00 AM \\rh2\dfs\Nm Ou,,ness\Proposd\City of Kmt\2007 PZ lmpmvem a\City of Kent Scope of Work-10-1-07 doc b N m O ]]t0 m t! O O M ,ti � A ra O 1 H - IHww ww»w »w VF /T N N m O N O Vf N d H V r Ol(O N Q N N n m r d o n Q � n t- K w w»» www» »» w m C y O O O V a O �(1 o N W c0 Q W c0 N N N � J O � N H wwN wHww wN V! F O Q i0 Q lD O O)N Or T � C b m m n C U N N N a ' a � I m _ m m � T C y OI c f N U COL N M O m m =L Oo � ,y a m �O O m y,Q{O O.➢O Q d d a N N � O L t a C U n` a` rc ' m m m O O O m o 0 w N N m b C O C O n F n u O i 9 c C °= c a ti IL m 3 a m a T v m a C an d — � C m >> w o $ mm x y v c m m w o W m m U C cEi E E a c75 a 0,6 0 N N Q Q d o MNE yE�uJ ? m � � Kd m 1 O o s m m m m m o 0 o w Y o N 3 c�3 aa`x'x aci 2 ° w E W 0 qaQ am m m mU U N O. W ti r H '= "a.^`y�..,, i.��„ �„�i; I'ii EXHIAIT C RH2 Engineering 'SCHEDULE'©F RATES AND CHARGES „ ' 2007 HOURLY RATES, CLASSIFICATION i!i, `.ATE CLASSIFICATION RATE Principal IX -$17100 Technician IV _$10800 ______________________ -, ;, , Principal VIII $17100 Technician III $10000 _________ ____________ „ Principal VII __---_-__--_$16400 Technician II -------$7200__ Technician 1______ _ $67 00 ;,j;" I Professional VI _$15200 i! Professional V $14400 Administrative V $9900 —---------------- ------------------- '-'------- ;i Professional IV $13500 Administrative IV $8200 Administrative 111 $68 00 " Professional 111 $125 00 Administrative II $55 00 _________— _____ ,--Professorial II $I 16 00 Administrative I $45 00 _r Professional 1 $10600 hmW In-HOUSE SERVICES In-house copies(teach) 81/2"X_I I___________________________________________________$0$0 07 (AD NoLs Large $10 00 „In-house copies(each) 81/2"X 14" OS CAD Plots Full Sipe $5 00 In-house copies(each) I_I"X17" $014_ CAD Plots Halrsize $200 In-house copies(color)(each) 8 1/2"X 11" $0 85 GIs System Per Hour --____--$10 00_ ,;rs^ --- - ----------------- d In-house copies(color)(each) 8 1/2"X 14 $I SO GIS Plots Per Plot $5 00 In-house copies(color)(each) 11 X IT' SI 70 In-house Computer Per Hour $900 Mileage PerMde $0485 —---------------- FAX(each sheet) _S 1 00_ Digital Camera Per Day $10 00 In-house CAD System Per Hour $25 00 Digital Camera Per Week $30 00 " ____ "" _--------- 8 ------ —------------- Digital Camera Per Month $90 00 ----------- 'Note At project completion all digital photos can be supplied to the client on CD upon request PURCHASED SERVICES "All purchased printing,copying,miscellaneous and subconsultant services are billed at cost plus 15% i CHANGES IN RATES j Rates listed here are adjusted annually The current,most recent schedule of hourly rates are used for billing purposes Payment for work E accomplished shall be on the basis of hourly rates in effect at the time of billing plus direct expenses and outside services as stated in this Exhibit =7� j i Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: WATER RESOURCES INVESTIGATIONS JOINT FUNDING AGREEMENT - AUTHORIZE 1 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Joint Funding Agreement between the City of Kent and the U.S geological Survey, upon concurrence of the language therein by the City Attorney and Public Works Director, in the amount of $44,450, for the U.S. Geological Survey to provide operations, maintenance and data collection at the Springbrook Creek, Mill Creek and Rock Creek Gaging stations. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amount of precipitation. The Public Works Department requests authorization to establish a budget for the funds to be spent for the cooperative data-collection program with the U.S. Geological Survey. 3. EXHIBITS: Public Works Memorandum and U.S. Geological Survey Joint Funding Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: Council Agenda Item No. 6H PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 WASHINGTON Address: 400 West Gowe Kent, WA 98032-5895 Date: October 19, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 5, 2007 From: Michael Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Joint Funding Agreement for Water Resources Investigations with the U.S. Geological Survey ITEM 3 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend Council authorize the Mayor to sign the Joint Funding Agreement between the City of Kent and the U.S. Geological Survey upon concurrence of the language therein by the City Attorney and Public Works Director, for $44,450 for the U.S. Geological Survey to provide operation, maintenance and data collection at the Springbrook Creek, Mill Creek and Rock Creek Gaging stations. 1 Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Background/History: This is an on-going program with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. The City of Kent will contribute $44,450 to the annual program costs of $86,100 with the USGS providing the remainder. ` These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of City design of stormwater flood projection models. The gages, through their link to internet web sites, allow staff and the public to monitor stream flow levels from remote locations. The stream flow measured at the gage at Rock Creek and Kent Kangley Road is proposed to be used as criteria to determine the City's augmentation of flows in Rock Creek during certain periods of the year. This contract will provide for operation, maintenance and data collection at five gages. Two are located on Mill Creek, one on Springbrook Creek and two on Rock Creek. U IPWCmN .neMT(N Poge1.W7/PIPC 1l011071EWQf,.d,aS agrees doe Summary: The Public Works Department requests authorization to establish a budget for the funds to be spent for the cooperative data-collection program with the U.S Geological Survey. Recommendations: Recommend Council authorize the Mayor to sign the Joint Funding Agreement between the City of Kent and the U.S. Geological Survey upon concurrence of the language therein by the City Attorney and Public Works Director, for $44,450 for the U.S. Geological Survey to provide operation, maintenance and data collection at the Springbrook Creek, Mill Creek and Rock Creek Gaging stations. i ! U IPWCommwmUat nPngd20071PWC 11050743rQfumOng ngreo tdx Form 9-1366 U.S.Department of the Interior Customer#: WA098 (Oct.2005) U.S.Geological Survey Agreement#: 08W4WA09800 Joint Funding Agreement Project#: 97229EU TIN#: 916001254 Fixed Cost r r Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1STday of OCTOBER, 2007, by the US.GEOLOGICAL SURVEY, I UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part,and the City of Kent, party of the second part 1 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for operation, maintenance, and data collection at the Springbrook, Mill Creek, and Rock Creek stream gaging stations, herein called the program The USGS legal authority is 43 USC 36C,43 USC 50, and 43 USC 50b 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program 2(b)includes In-Kind Services in the amount of$NIA. by the party of the first part during the period (a) $41,650 OCTOBER 1, 200T to SEPTEMBER 30,2008 by the party of the second part during the period (b) $44.450 OCTOBER 1,2007 to SEPTEMBER 30,2008 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic >, review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner,either party may terminate this agreement upon 60 days written notice to the other party 7. The original records resulting from this program will be deposited in the office of origin of those records Upon request,copies of the original records will be provided to the office of the other party. 8. The maps,records,or reports resulting from this program shall be made available to the public as promptly as possible.The maps, records,or reports normally will be published by the party of the first part However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part,at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records,or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection(form DI-1040) Billing documents are to be rendered QUARTERLY.Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof,that the payment is delayed beyond the due date (31 USC 3717,Comptroller General File B- 212222,August 23, 1983). Name of Customer U.S. Geological Survey City of Kent United States Department of the Interior USGS Point of Contact Customer Point of Contact , Name: Bob Kimbrough Name: Address: USGS/WAWSC Address: 934 Broadway, Suite 300 Tacoma,WA 98402 Telephone: 253-552-1608 Telephone- Email rakimbro(a)usgs gov Email: , Signatures Signatures By *`ww Date to S c By Date Name: Cynthia Barton,Ph.D.,L.G., L.H.G. Name: Title: Director,USGS Washington Water Tate: Science Center By Date By , Date Name: Name: Title: Title. By Date By Date Name: Name Title: Title: Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: SALMON RECOVERY FUNDING BOARD PROJECT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Project Agreement with the state Salmon Recovery Funding Board in the amount of $150,000, and direct staff to accept the grant and establish a budget for the funds to be spent for the Riverview Park Restoration Project. The City of Kent successfully applied for and received a grant award in December 2006 from the state Salmon Recovery Funding Board (SRFB) in the amount of $150,000. A signed Project Agreement for this grant allows funds from SRFB to be made available for the project. r 1 3. EXHIBITS: Public Works Memorandum and Project Agreement Materials 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: i Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: IACTION: Council Agenda Item No. 6I I PUBLIC WORKS DEPARTMENT I Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 1 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 jDate: November S. 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November S. 2007 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Riverview Park Restoration Project Salmon Recovery Funding Board Project Agreement ITEM 4 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend that City Council authorize the Mayor to sign a Project Agreement with the state Salmon Recovery Funding Board in the amount of $150,000, and direct staff to accept the grant and establish a budget for the funds to be spent for the Riverview Park Restoration Project. Will document be required? ❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract I ❑ Policy ❑ SOP's ❑ Other ❑ Attachments Governing Policies Procedures, Rules & Regulations: Background/History: In October 2000, the US Army Corps of Engineers (Corps), in partnership with 17 local Jurisdictions, non-profit organizations and the Muckleshoot Indian Tribe, completed the Feasibility Report for the Green/Duwamish Ecosystem Restoration Project (ERP). The focus of the ERP was the design and construction of 45 habitat restoration projects throughout the I Green/Duwamish watershed. The Riverview Park Restoration project was one of the identified projects proposed within the ERP. 1 The project is located along the 25500 block of Hawley Road (about 1/2 mile south of the former King County Journal building site). A new 800-ft long flow-through channel will be created to provide summer rearing habitat and high low winter refuge for salmon in a critical reach of the Lower Green River. To complete design plans for the project, a Design Agreement between the city and the Corps was signed in April 2007. We anticipate design plans to be complete by December 2008. Summary: The City of Kent successfully applied for and received a grant award in December 2006 from the state Salmon Recovery Funding Board (SRFB) in the amount of $150,000. A I signed Project Agreement for this grant allows funds from SRFB to be made available for the project. Recommendations: Recommend that City Council authorize the Mayor to sign a Project I Agreement with the state Salmon Recovery Funding Board in the amount of $150,000, and direct staff to accept the grant and establish a budget for the funds to be spent for the Riverview Park Restoration Project. IT • CREATES A NEW 800 LF SIDE CHANNEL OFF THE MAIN STEM OF THE GREEN ` - =T> RIVER AND DOWNSTREAM FROM THE MOUTH OF LONER MILL CREEK • PROVIDES SUMMER REARING HABITAT AND HIGH FLOW WINTER REFUGE FOR : z ' SALMON. I r • IMPROVEMENTS INCLUDE LARGE WOODY DEBRIS, SPAWNING GRAVEL AND RIPARIAN PLANTINGS z z s • PROJECT IS CONSISTENT WITH THE ` WRIA 9 SALMON CONSERVATION ANDy* , v RECOVERY STRATEGY AND IS A TOP # it, TIER PRIORITY ACTION PROJECT `�"'" ,^�' • I ?� LOCATED WITHIN A PRIORITY AREA AS _ "•'' �. `"� " e , R STATED IN THE SALMON HABITAT PLAN. ,•_ 4 � ,° i", , ,_ i • PROJECT IS A GREEN DUWAMISH y`y /♦♦♦�T1 I��y /.f ECOSYSTEM RESTORATION PROJECT. 100 13ir•`-"'ai�t ` .e ram �k +�. .�' 8� � 8 � �+ •��1 f" •;.+"»i■ s � ate. y, `�I" D. I �i*e w t` !• ` ..._.. _ �. ribs -i r r� rn � • ,.7 � RIVERVIEW PARK RESTORATION PROJECT LEGEND PROPOSED RESTORATION PLAN Rl FUTURE PARK PROJECT NEW RIPARIAN PLANTINGS • f • US Army Corps NEW SIDE CHANNEL K E N T of Ertal"ars W/LARGE WOODY DEBRIS Swills Qlstrlct ' WASHINGTON w EXCAVATION LIMITS Natural Resources Budding �4F srrro s 1111 Washington St SE o4 = (360)902-3000 Olympia WA 98501 x TTY(360)902-1996 w� Fax-(360)902-3026 PO Box 40917 r K4 E-mail mfoC�rco.waov Olympia WA 98504-0917 Web site: fo@rco.wa gov STATE OFWASHINGTON RECREATION AND CONSERVATION OFFICE August2, 2007 " Alex Murillo ., City of Kent > KentFWAh 8032ftf x ;` f yT RE: Riverview Park Restoration, IAC#06-2190R Dear Mr Murillo: Congratulations on your successful application for the Riverview Park Restoration project.Your project is administered by the Salmon Recovery Funding Board (SRFB).Enclosed are two original sets of protect agreement materials Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report, and an Invoice Voucher.Also enclosed are policy manuals for reference as you implement your project and seek reimbursement After reviewing your Project Agreement materials, please have the appropriate person sign each Project Agreement and return one signed original Once the Project Agreement Is signed and returned, the Riverview Park Restoration project can commence. Prompt implementation and completion of your project is extremely important and will ensure the continuing success and credibility of the Salmon Program by demonstrating effective results to citizens and policy makers. We encourage you to offer appropriate media opportunities to help build public awareness of the projects purposes and benefits Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding provides to communities Please notify your SRFB project manager of any event celebrating your project's beginning or completion As always, staff is available to answer questions that may arise during project implementation. If you need assistance, please contact Mike Ramsey at(360) 902-2969 or michaelr@rco wa gov Thank you again for helping make this valuable investment In Washington State's recreation, conservation, and natural resources Sincerely, , Laura E. Johnson Director Enclosures t Recreation and Conservation Funding Board•Salmon Recovery Funding Board•Washington Biodiversity Council �« AGREcvR ffilhington Invasive Species Council*Forum on Monitoring Salmon Recovery and Watershed Health i�1 Salmon Project Agreement Salmon Funding Accounts Project Sponsor: City of Kent Project Number: 06-219OR Project Title: Riverview Park Restoration Approval Date: 12/6/2006 A. PARTIES OF THE AGREEMENT I This Project Grant Agreement(Agreement)is entered into between the Salmon Recovery Funding Board(SRFB), P 0 Box 40917, Olympia, Washington 98504-0917 and City of Kent, 220 Fourth Ave S, Kent,WA 98032-5895 (Sponsor)and shall be binding upon the agents and all persons acting by or through the parties B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington's General Fund The grant is administered by the SRFB to the Sponsor for the project named 1 above C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary D. TERM OF AGREEMENT The Project Sponsor's ongoing obligation for the above project under this Agreement is to provide maintenance of the site or facility to serve the purpose for which it was intended for a minimum of five(5)years,or more as specified in the Landowner Agreement,after the final payment unless the site or facility is rendered unusable for the purpose it was intended by an act of nature E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on May 1,2007 and end on January 1,2011 No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement ' F. PROJECT FUNDING The total grant award provided by the SRFB for this project shall not exceed$150,000 00 The SRFB shall not pay any amount beyond that approved for funding of the project The Sponsor shall be responsible for all total project costs that exceed this amount The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: Percentage DollarAmount SRFB-Salmon State Projects 10 00% $150,000 00 Project Sponsor 90 00% $1,350,000 00 Total Project Cost 100 00% $1,500,000 00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report,Project Milestones, and the General Provisions,all of which are attached hereto and incorporated herein Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing All such alterations, except those concerning the period of performance, must be signed by both parties Period of performance extensions need only be signed by RCO's Director. The Sponsor has read,fully understands and agrees to be bound by all terms and conditions as set forth in these documents. J� Salmon Project Agreement Salmon Funding Accounts Chapter 77 85 RCW, Chapter 286 WAC Page 1 of 2 PROJAGR RPT H. COMPLIANCE WITH APPLICABLE STATUTES.RULES,AND RCO POLICIES ' This Agreement is governed by,and the Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77 85 RCW, Chapter 286 WAC and published agency policies,which are incorporated herein by this reference as if fully set forth I. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS t The applicant must Include the following design elements 1 flanng the inletloutlet to mimic a more natural channel form, 2. Incorporating LWD and other habitat features Into the wetted perimeter, 3 providing a varied channel width to provide channel complexity The applicant should strive to include the following design elements 1 Include a terraced channel cross section that is more natural, and supportive of a broad riparian plant community, 2 continue to consider scalping the entire floodplain area to the west of the proposed channel Use the mature cottonwood trees as restoration material (live boles can be planted horizontally or placed in channel, rootwads can be replanted, provided they are stored properly). Coordinate with SRFB staff during planning and design phase J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to• Project Contact SRFIB Name Alex Murlllo Recreation and Conservation Office Title ENVIRONMENTAL ENGINEERING SUPE Natural Resources Budding Address: 220 Fourth Ave S PO Box 40917 Kent, WA 98032 Olympia,Washington 98504-0917 www.rcowagov/srfb/ , These addresses shall be effective until receipt by one party from the other of a written notice of any change. L ENTIREAGREEMENT , This agreement,along with all attachments,constitutes the entire agreement of the parties No other understandings, oral or otherwise,regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVEDATE This agreement, for project#06-2190R, shall be effective upon signing by all parties. STATE OF WASHINGTON , RECREATION AND CONSERVATION OFFICE BY Q ,1 i . E. DATE: Laura E Johnson, Director PROJECT SPONSOR ' BY: DATE: TITLE: Pre-approved as to form: BY: /S/ Assistant Attorney General Salmon Proiect Agreement Salmon Funding Accounts Chapter 77.85 ROW,Chapter 286 WAC Page 2 of 2 PROJAGR RPT I ZLZ'nry �m,n=�>s. Salmon Program AECHENTMIN State Recovery Protects Post-Evaluation Project Summary TITLE: Riverview Park Restoration NUMBER: 06-219OR (Restoration) ' STATUS: Board Funded SPONSOR: City of Kent EVALUATION SCORE: 1 BOARD RANKING: COSTS: SPONSOR MATCH: Salmon State Protects $150,000 10% Appropriation 1 Cash Local $1,350,000 90% Cash Donations Total $1,500,000 100% DESCRIPTION: The project request is to complete design plans and permitting for the Riverview Park Restoration project. The project will provide summer rearing habitat and high flow winter refuge for salmon through creation of a new off-channel area from the main stem of the Lower Green River and just downstream from the mouth of Mill Creek (Lower Mill Creek-Auburn).Improvements include the placement of large woody debris, spawning gravel, and riparian plantings (a maintenance bridge over the channel will be separated from SRFB funds).The project is a Green Duwamish Ecosystem Restoration Project(GDERP)and is consistent with the WRIA 9 Salmon Conservation and Recovery Strategy As stated in the Salmon Habitat Plan, the project is a top tier priority action and is located within a priority area since the project provides much needed salmon habitat and refuge in a key reach of the Green River and the mouth of Lower Mill Creek As the local sponsor, the City of Kent is working closely with the US Army Corps of Engineers to complete the project, with plans currently at a 65%design level. Design comments provided by the SRFB review panel and the WRIA 9 project evaluation group will be incorporated into the final plans A grant from SRFB will be used as part of the City's cost share for the project If the project is selected for funding, a grant from SRFB must come from state funds due to the federal government's participation through the GDERP. LOCATION INFORMATION: City of Kent ST SALMON REGION: Puget Sound Central LEAD ENTITY ORG: WRIA 9 LE(King County) COUNTY: Kinq WRIA: Green/Duwamish (9) GOAL&OBJECTIVE: The goal of the project is to connect isolated freshwater in-stream habitat to increase the range and distribution of salmon The objective of the project is to increase access to freshwater in-stream side channels, oxbows, and other channels ' SALMON INFORMATION: (*indicates primary) Soecles Targeted Bull Trout Cutthroat(Not Warranted (04/99)) Chinook(Listed, Threatened(03/99))* Pink Chum (Not Warranted (03/98)) Steelhead (Not Warranted (08/96)) Habitat Factors Addressed Bioloqical Processes Loss of Access to Spawninq and Rearing Habitat Channel Conditions* Riparian Conditions Floodplain Conditions Water Quality FISCAL YEAR. 2007 DATE PRINTED: Auqust 2, 2007 1PAPSUM7 RPT Riverview Park Restoration � Intrmgrttrr forrruy �nmm MOOR Eligible Reimbursement Activities Report r RECRERTION Project Sponsor: City of Kent Project Number: 06-2190 R Project Title: Riverview Park Restoration Approval: 12/6/2006 Restoration Items: Worksite Element Item Unit Quantity-Description #1,Riverview Park Restoration A&E development Architectural&Engineeni Lump Sum 100 #1,Riverview Park Restoration Bank stabilization In-Stream Habitat Linear It 1,60000 Includes material under the OHWM thru the channel middle #1,Riverview Park Restoration Off-channel habitat in-Stream Habitat Acres 300 Includes channel excavation and disposal #1,Riverview Park Restoration Other In-Stream Habitat Lump sum 1.00 Bridge across channel for maintenance access #1, Riverview Park Restoration Riparian plant installation In-Stream Habitat Sq If 14,000 00 Includes irrigation , #1,Riverview Park Restoration Spawning gravel placement In-Stream Habitat Sq yds 1,40000 About one-foot thickness #1, Riverview Park Restoration Woody debris placement In-Stream Habitat Each 2000 Placed in the channel bottom #1, Riverview Park Restoration Sales Tax Sales Tax Lump Sum 1 00 i l 1 1 1 t t t 1 1 ELIGREIM RPT August 2, 2007 Page: 1 OU111UUN Milestone Report By Project --' BECOEOTION Project Number: 06-2190 R ' Project Name: Riverview Park Restoration Sponsor: Kent City of Project Manager: Mike Ramsey Project Start 05/01/2007 Executed design agreement I Applied for Permits 02/01/2008 ! ARE Plans Submitted 02/01/2008 Annual Project Billing 07/15/2008 Annual Project Billing 07/15/2009 I Bid Awarded/Consultant Hired 06/01/2010 i Construction Started 07/01/2010 Annual Project Billing 07/27/2010 ! Construction Complete 09/01/2010 Project Complete 01/01/2011 Monitor/Steward Plan Submitted 03/01/2011 Final Docs/Billing to Mgmt Agy 03/01/2011 Special Conditions Met 12/01/2011 X=Milestone Complete I=Critical Milestone �MILESTO RPT Auqust 02, 2007 Page* 1 RECREATION AND CONSERVATION OFFICE FORM A-19 State of Washington Agency Name INVOICE VOUCHER , Sponsor's Certificate I hereby certify under penalty of perjury that the items Recreation and Conservation Office and totals listed herein are proper charges for materials,merchandise or P.O. Box 40917 services furnished to the State of Washington,and that all goods furnished Olympia, WA 98504-0917 and/or services rendered have been provided without discrimination because of age,sex,marital status,race,creed, color, national ongin,handicap, religion or Vietnam era or disabled veterans status. Sponsor City of Kent BY 220 S Fourth Ave Kent,WA 98032-5895 (TITLE) (DATE) , To Be Completed By Sponsor Project Number 06-2190 R Invoke# Billing Period This is a Final Billing? Project Name Riverview Park Restoration 1 From To Yes( I No[ ] Previous Expenditures To Date Costs For This Billing Project Non-Reimbursable Non-Reimbursable CATEGORIES: Agreement Expenditures Match Total Exp2nditures Match Total $Q00 Construction $1,310,000 00 $0 00 A&E $190,000 00 $0.00 Development Total $1,500,000 00 $0 00 $1,500,000 00 $0 00 FUNDING &EXPENDITURE FORMULA For RCO Use ONLY t�-4—Agreementtnformation- "� =�° __ Previous RCO Reimbursements Sponsor 90 00% $1,350,000 00 Total Billed RCO Federal Share Billed RCO. SALMON ST PROJ 10 000/u $150,000 00 Share Approved Advance Balance Match Owed Balance Share Retained Share Paid Agreement Total. 100 00% $1,500,000 00 Match Bank Doc Date- - Current Doa No. Ref Doc# VendorNumber = Vendor Message SWV0000552-00 06-2190 R Train Code; Fundy-' `n Index Prog Index Sub Ob SubSuti Ob - Project# Amount Invoice# 210 057 H02 98103 NZ 1 Certification For Payment Project Manager/Date Release Final Pmt I I Division Supervisor/Date Accounting/Date 11NVOICERPT 8/2/2007 Current Fundini 1 - Press Release Template City of Kent offered grant to restore land for salmon recovery. (Kent)-City of Kent was awarded a grant of$150,000.00 from the Salmon Program The grant was awarded by the Salmon Recovery Funding Board (SRFB), and will be used for the following Kent will use this grant to complete plans and permitting for restoring Riverview Park to I provide summer rearing habitat and winter refuge for salmon The restoration work will include creating an off-channel area from the main stem of the lower Green River just downstream from the mouth of Mill Creek and placing large woody debris, spawning gravel and riparian plantings The project is a top priority because it provides needed salmon ' habitat and refuge in a key reach of the Green River and the mouth of Lower Mill Creek. Kent will contribute$1 3 million in cash and cash donations. There were one hundred sixteen applications submitted for consideration in the Salmon Program Each project went through an evaluation process prior to being recommended for funding. The SRFB Board approved funding for projects on Wednesday, December 6, 2006 I Funding for the Salmon Program comes from salmon recovery appropriations by the Washington State Legislature and the US Congress. City of Kent will leverage local contributions totaling $1,350,000.00 with grant monies to implement the project. Total estimated project cost is$1,500,000 00 SRFB is the ' state's administrator of the grant program Contact Alex Munllo, (253) 856-5528 (sponsor project manager) Mike Ramsey, (360) 902-2969, michaelr@rco wa gov (SRFB project manager) r f t Salmon Project Agreement Salmon Funding Accounts Project Sponsor: City of Kent Project Number: 06-2190R Project Title: Riverview Park Restoration Approval Date: 121612006 A. PARTIES OF THE AGREEMENT This Project Grant Agreement(Agreement)is entered into between the Salmon Recovery Funding Board(SRFB), P.O.Box 40917,Olympia,Washington 98504-0917 and City of Kent,220 Fourth Ave S, Kent,WA 98032-5895 (Sponsor)and shall be binding upon the agents and all persons acting by or through the parties B. PURPOSE OF AGREEMENT , This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington's General Fund The grant is administered by the SRFB to the Sponsor for the project named above C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OFAGREEMENT ' The Project Sponsor's ongoing obligation for the above project under this Agreement is to provide maintenance of the site or facility to serve the purpose for which it was intended for a minimum of five(5)years,or more as specified in the Landowner Agreement,after the final payment unless the site or facility is rendered unusable for the purpose it was intended by an act of nature E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on May 1, 2007 and end on January 1, 2011 No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement F. PROJECT FUNDING , The total grant award provided by the SRFB for this project shall not exceed$150,000 00 The SRFB shall not pay any amount beyond that approved for funding of the project The Sponsor shall be responsible for all total project , costs that exceed this amount The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below Percentage Dollar Amount SRFB -Salmon State Projects 10 00% $150,000 00 ' Project Sponsor 90.00% $1,350,00000 Total Project Cost 100 00% $1,500,000.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,including the Sponsor's Application,Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions,all of which are attached hereto and incorporated herein. Except as provided herein,no alteration of any of the terms or conditions of this Agreement will be effective unless , provided in writing All such alterations, except those concerning the period of performance, must be signed by both parties Period of performance extensions need only be signed by RCO's Director. The Sponsor has read,fully understands and agrees to be bound by all terms and conditions as set forth in these documents 1 Salmon Protect Aqreement Salmon Funding Accounts Chapter 77 85 RCW, Chapter 286 WAC Page t of 2 PROJAGR RPT ' H. COMPLIANCE WITH APPLICABLE STATUTES.RULES,AND RCO POLICIES This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter77 85 RCW,Chapter 286 WAC and published agency policies,which are incorporated herein by this reference as if fully set forth. ' 1. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS The applicant must Include the following design elements i Flaring the inlettoutlet to mimic a more natural channel form, 2. incorporating LWD and other habitat features into the wetted perimeter, 3 providing a vaned channel width to provide channel complexity The applicant should strive to include the following design elements. 1 include a terraced channel cross section that is more natural, and supportive of a broad riparian plant community, 2 continue to consider scalping the entire floodplain area to the west of the proposed channel Use the mature cottonwood trees as restoration material (live boles can be planted horizontally or placed in channel, rootwads can be ' replanted, provided they are stored properly). Coordinate with SRFB staff during planning and design phase J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to, Project Contact SRFB Name Alex Murillo Recreation and Conservation Office Title- ENVIRONMENTAL ENGINEERING SUPE Natural Resources Budding Address- 220 Fourth Ave S PO Box 40917 Kent,WA 98032 Olympia,Washington 98504-0917 wwwrcowa.gov/srfb/ These addresses shall be effective until receipt by one party from the other of a written notice of any change L ENTIRE AGREEMENT This agreement,along with all attachments,constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties M. EFFECTIVE DATE This agreement, for project#06-2190R, shall be effective upon signing by all parties. ' STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE'�o� 1 t ' BY: C . �—d�i"�.. DATE: Laura E. Johnson, Director PROJECT SPONSOR BY: DATE: TITLE: Pre-approved as to form: BY: is/ Assistant Attorney General Salmon Project Aqreement Salmon Funding Accounts Chapter 77 85 RCW,Chapter 286 WAC Page 2 of 2 PROJAGR RPT /nar! C omm to,t;2_ Salmon Proqram ' OUTOOOB State Recovery Projects r PORTION Post-Evaluation Project Summary ' TITLE: Riverview Park Restoration NUMBER: 06-219OR (Restoration) STATUS. Board Funded ' SPONSOR: City of Kent EVALUATION SCORE: BOARD RANKING: , COSTS: SPONSOR MATCH: Salmon State Projects $150,000 10% Appropriation 1 Cash , Local $1,350,000 90% Cash Donations Total $1,500,000 100% DESCRIPTION: , The project request is to complete design plans and permitting for the Riverview Park Restoration project The project will provide summer rearing habitat and high flow winter refuge for salmon through creation of a new off-channel area from the main stem of the Lower Green River and just downstream from the mouth of Mill Creek (Lower Mill Creek-Auburn) Improvements include the placement of large woody debris, spawning gravel, and riparian plantings (a maintenance bridge over the channel will be separated from SRFB funds) The project is a Green Duwamish Ecosystem Restoration Project (GDERP) and is consistent with the WRIA 9 Salmon Conservation and Recovery Strategy. As stated in the Salmon Habitat Plan, the project is a top tier priority action and is located within a priority area since the project provides much needed salmon habitat and refuge in a key reach of the Green River and the mouth of Lower Mill Creek As the local sponsor, the City of Kent is working closely with the US Army Corps of Engineers to complete the project, with plans currently at a 65% design level Design comments provided , by the SRFB review panel and the WRIA 9 project evaluation group will be incorporated into the final plans A grant from SRFB will be used as part of the City's cost share for the project If the project is selected for funding, a grant from SRFB must come from state funds due to the federal government's participation through the GDERP LOCATION INFORMATION: City of Kent ST SALMON REGION: Puget Sound Central LEAD ENTITY ORG: WRIA 9 LE (King County) COUNTY: Kmq WRIA: Green/Duwamish (9) GOAL&OBJECTIVE: The goal of the project is to connect isolated freshwater in-stream habitat to increase the range and distribution of salmon. , The objective of the project is to increase access to freshwater in-stream side channels, oxbows, and other channels SALMON INFORMATION: (*indicates primary) Species Targeted Bull Trout Cutthroat(Not Warranted (04/99)) Chinook(Listed, Threatened (03/99))* Pink ' Chum (Not Warranted (03198)) Steelhead (Not Warranted (08/96)) Habitat Factors Addressed Bioloqical Processes Loss of Access to Spawninq and Rearinq Habitat Channel Conditions* Riparian Conditions Floodplain Conditions Water Quality FISCAL YEAR: 2007 DATE PRINTED: Auqust 2, 2007 1 PAPSUM7 RPT Riverview Park Restoration , t rom grntaa far Eligible Reimbursement Activities Report S RICHE ION ' Project Sponsor: City of Kent Project Number: 06-2190 R Project Title: Riverview Park Restoration Approval: 12/6/2006 Restoration Items: Worksite Element Item Unit Quantity Description 11,Riverview Park Restoration A&E development Architectural&Engineerii Lump Sum 100 #1,Riverview Park Restoration Bank stabilization In-Stream Habitat Linear ft 1,60000 Includes material under the OHWM thru the channel middle #1,Riverview Park Restoration Off-channel habitat In-Stream Habitat Acres 300 Includes channel excavation and disposal #1,Riverview Park Restoration Other In-Stream Habitat Lump sum 100 Bridge across channel for maintenance access ' 111,Riverview Park Restoration Riparian plant installation In-Stream Habitat Sq ft 14,000 00 Includes irrigation #1,Riverview Park Restoration Spawning gravel placement In-Stream Habitat Sq yds 1.40000 About one-foot thickness #1,Riverview Park Restoration Woody debris placement In-Stream Habitat Each 2000 Placed in the channel bottom ' #1,Riverview Park Restoration Sales Tax Sales Tax Lump Sum 1 00 1 ' ELIGREIMRPT August 2, 2007 Page 1 IK4WIDOM fug Milestone Report By ProjectouruooA NECOENTION Project Number: 06-2190 R r Project Name: Riverview Park Restoration , Sponsor: Kent City of Project Manager: Mike Ramsey X Milestone Target Date CommentsiDescriptionr Project Start 0510112007 Executed design agreement I Applied for Permits 02/01/2008 ! A&E Plans Submitted 02/01/2008 , Annual Project Billing 07/1512008 Annual Project Billing 07/15/2009 i Bid Awarded/Consultant Hired 06/01/2010 ! Construction Started 07/01/2010 Annual Project Billing 07/27/2010 I Construction Complete 09/01/2010 , Project Complete 01/01/2011 Monitor/Steward Plan Submitted 03/01/2011 r Final Docs/Billing to Mgmt Agy 03/01/2011 Special Conditions Met 12/01/2011 ' X= Milestone Complete I=Critical Milestone r 1 r r r 1MILESTO RPT Auqust 02,2007 Page 1 1 Press Release Template 1 City of Kent offered grant to restore land for salmon recovery. (Kent)-City of Kent was awarded a grant of$150,000 00 from the Salmon Program The grant was awarded by the Salmon Recovery Funding Board (SRFB), and will be used for the following 1 Kent will use this grant to complete plans and permitting for restoring Riverview Park to 1 provide summer rearing habitat and winter refuge for salmon The restoration work will include creating an off-channel area from the main stem of the lower Green River just downstream from the mouth of Mill Creek and placing large woody debris, spawning gravel and riparian plantings The project is a top priority because it provides needed salmon ' habitat and refuge in a key reach of the Green River and the mouth of Lower Mill Creek. Kent will contribute$1 3 million in cash and cash donations There were one hundred sixteen applications submitted for consideration in the Salmon Program Each ' project went through an evaluation process prior to being recommended for funding The SRFB Board approved funding for projects on Wednesday, December 6, 2006 1 Funding for the Salmon Program comes from salmon recovery appropriations by the Washington State Legislature and the US Congress City of Kent will leverage local contributions totaling $1,350,000.00 with grant monies to implement the project Total estimated project cost is$1,500,000 00 SRFB is the state's administrator of the grant program 1 Contact: Alex Munllo, (253) 856-5528 (sponsor project manager) Mike Ramsey, (360)902-2969, michaelr@rco wa gov(SRFB project manager) 1 1 1 i 1 1 1 General Provisions Table of Contents Page ' A. Heading and Definitions Section 1. Headings and Definitions.............. ........ ............................. ..................................1 , B. Performance and Requirements(General Responsibilities) Section 2 Performance by Sponsor.................. .... ................................................................2 Section3. Assignment... ... ......................... ...................................................... ...................2 Section 4. Responsibility for Project.............................................................................. .........2 Section5. Indemnification ........... ..... ................................................... ................ ................2 ' Section 6. Independent Capacity of the Sponsor.......................... ..................... ...................2 Section 7. Conflict of Interest. .. ... ... ................... ............................. ...................................2 Section 8 Acknowledgment and Signs............ .................................. ...................................3 ' C. Compliance with Laws, Records, and Inspections Section 9. Compliance with Applicable Law ... .... . ..................................... .... ...................3 Section 10. Records Maintenance... .......................... ..............................................................4 , Section11. Access to Data .. ..... . .. .. .................. .. ................. .............. ........ .............. ....4 Section 12. Treatment of Assets . ..... .. ....... .. . ........ .......................... ... . ........................ ....4 ' Section 13. Right of Inspection ............ .... .. .. . .... .. .. ... ........................ ..... .... ...................4 Section 14 Stewardship and Monitoring...... .. .. .... ............................. ............... .... ..............5 Section 15 Debarment Certification............. .. ..... ......................... ..... ............... ...................5 , D. Funding, Reimbursements Section 16. Project Funding .. .............. ....................................................................................5 ' Section 17. Project Reimbursements .......... ................ ........... ................. .... ........................5 Section 18. Advance Payments... ................................. ............................ .......... ...................5 Section 19. Non-availability of Funds.............................................................................. .........6 Section 20. Recovery of Payments......... ..... ..... ....... ................. .........................................6 Section 21. Covenant Against Contingent Fees............ ...........................................................6 E. Acquisition and/or Development//Restoration ' Section 22. Provisions Applying to Development/Restoration Projects....................................6 Section 23. Provisions Applying to Acquisition Projects ...........................................................7 , Section 24. Hazardous Substances................... .... ..................................... ...........................7 F. Facility Uses and Fees Section 25 Restriction on Conversion of Facility to Other Uses.............................................. 8 ' Section 26. Construction, Operation, Use and Maintenance of Assisted Projects ...................9 Section 27. Income and Income Use.........................................................................................9 Section 28. Preferences for Residents......................................................................................9 G. Special Provisions Section 29 Provisions Related to Non-Profit or Not-For-Profit Sponsors...............................10 , Section 30. Liability Insurance Requirements for Firearm Range Sponsors...........................10 Section 31. Requirements of the National Park Service.........................................................10 April 15,2002-Page 1 General Provisions SECTION 1. HEADINGS AND DEFINITIONS ' A. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement B. Definitions As used throughout this Agreement, the following terms shall have the meaning set forth below: Acquisition -The gaining of rights of public ownership by purchase, negotiation, or other means,of fee or less than fee interests in real property Agreement-The accord accepted by all parties to the present transaction; the Agreement, supplemental agreement, intergovernmental agreement, monitoring plan, and/or a landowner agreement between the Funding Board and a Sponsor. Applicant-Any agency or organization that meets the qualifying standards, including deadlines,for submission of an application soliciting a grant of funds from the Funding Board Application -The forms and support documents approved by the Funding Board or its Director for ' use by applicants in soliciting project funds administered by the Office Asset— Equipment purchased by the Sponsor or acquired or transferred to the Sponsor for the purpose of this Agreement This definition is restricted to non-fixed assets, such as vehicles, computers or machinery. Contractor-shall mean one not in the employment of the Sponsor who is performing all or part of the eligible activities for this projects under a separate Agreement with the Sponsor The term "Contractor" and "Contractors" means Contractor(s) in any tier ' Development/Restoration -The construction, renovation, redevelopment, or installation of facilities to provide for outdoor recreation or natural resources Director-The Office Director or the Director's designee. ' Funding Board—As identified in Paragraph A in the Agreement as either the (1) Interagency Committee for Outdoor Recreation (IAC)-The committee created under Chapter 79A.25 110 RCW includes eight members. Three are agency heads,the Commissioner of Public Lands, the Director 1 of Parks and Recreation, and the Director of Fish and Wildlife(or their designees). Five, by appointment of the Governor with the advice and consent of the Senate, are members of the public at large who have demonstrated interest in and a general knowledge of outdoor recreation in the state, (2)Salmon Recovery Funding Board (SRFB)-The Board created under Chapter 77.85 110 RCW, is comprised of five governor-appointed voting members (one a cabinet-level appointment) and five non-voting state officials: the Commissioner of Public Lands, the Secretary of Transportation, the Director of the Conservation Commission, the Director of Fish and Wildlife, and ' the Director of Ecology(or their designees), or(3) Hatchery Scientific Review Group (HISRG)—The independent Board established by Congress to ensure hatchery reform programs in Puget Sound and Coastal Washington are scientifically founded and evaluated. Office-Office of the Interagency Committee -The Office provides support to the IAC, SRFB, and HSRG. The Office includes the Director and personnel, created by Chapters 79A.25.110 and 79A.25 150 RCW and charged with administering this Agreement by Chapters 77.85 110 and 79A.25.240 RCW. Landowner Agreement—A landowner agreement is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor for salmon recovery projects. ' Milestone—Important date(s)tracked in the Agreement for monitoring the Project status. Period of Performance-The time penod specified in the Agreement,under Section E, Period of Performance Post Evaluation Summary-One of the documents used to summanze and describe the actions untaken in the Agreement. Proiect-The undertaking that is the subject of this Agreement and that is, or may be,funded in ' whole or in part with funds administered by the Office on behalf of the Funding Board. Sponsor-The applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees and agents. April 15, 2002-Page 3 ' General Provisions Agreement by the Sponsor The rights and remedies of the Office provided for in this clause shall not be ' exclusive and are in addition to any other rights and remedies provided by law The existence of facts upon which the Office makes any determination under this clause shall be an issue and may be reviewed , as provided in the"Disputes Hearing" clause of this Agreement. In the event this Agreement is terminated as provided above, the Funding Board or the Office shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of ' the Agreement by the Sponsor.The rights and remedies of the Funding Board or the Office provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Funding Board or the Office makes any determination under this ' clause may be reviewed as provided in the "Disputes" clause of this Agreement. SECTION 8. ACKNOWLEDGMENT AND SIGNS A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the ' program to this Project in any release or other publication developed or modified for, or referring to, the Project B. Signs The Sponsor also shall post signs or other appropriate media at Project entrances and other ' locations on the Project which acknowledge the program's funding contribution, unless exempted in Funding Board policy or waived by the Director. C. Ceremonies.The Sponsor shall notify the Office no later than two weeks before a dedication e ceremony for this Project.The Sponsor shall verbally acknowledge the program's funding contribution at all dedication ceremonies D. Federally Funded Protects. When issuing statements, press releases, requests for proposals, bid , solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, Sponsors shall clearly state 1. The percentage of the total costs of the Project that is financed with federal money; ' 2. The dollar amount of federal funds for the Project; and 3 The percentage and dollar amount of the total costs of the Project that is financed by ' nongovernmental sources SECTION 9. COMPLIANCE WITH APPLICABLE LAW The Sponsor will implement the Agreement in accordance with applicable federal, state, and local laws ' and regulations. The Sponsor shall comply with, and the Office is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including,but not limited to, State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (comprehensive areas ordinances, Growth Management Act), federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or ' policies, including but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. in the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the Funding Board. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution,or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation ' designed to support or defeat legislation pending before the U.S. Congress or any state legislature. April 15,2002-Page 5 General Provisions ' SECTION 14. STEWARDSHIP AND MONITORING ; ' Sponsor agrees to perform monitoring and stewardship functions as stated in the monitoring and stewardship plans as approved by the Funding Board or the Office. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the Funding Board. SECTION 15. DEBARMENT CERTIFICATION The Sponsor certifies it is not presently debarred, suspended, proposed for debarment, declared ' ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency. If requested by the Office, the Sponsor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form.Any such form completed by the Sponsor for this Agreement shall be incorporated into this Agreement by reference. SECTION 16. PROJECT FUNDING A. Additional Amounts.The Funding Board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the Funding Board or Director and incorporated by written amendment into this Agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the effective date of this Agreement shall be eligible for grant funds, in whole or in part, unless specifically provided for by Funding Board policy. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy ' the Funding Board may have under this Agreement, the amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A Compliance and Payment The obligation of the Office to pay any amount(s)under this Agreement is expressly conditioned upon strict compliance with the terms of this Agreement by the Sponsor. B Compliance and Retainage. The Office reserves the right to withhold disbursement of the final ten percent(10%)of the total amount of the grant to the Sponsor until the Project has been completed and approved by the Director.A Project is considered "complete"when: 1. all approved or required activities outlined in the Agreement are complete; 2. on-site signs are in place(if applicable), 3. a final Project report is submitted to the Office with the Sponsor's final request for reimbursement; 4. the completed Project has been approved by the Office; 5. final amendments have been processed; and 6. fiscal transactions are complete. ' C. Invoice Frequency Invoices are required at least once a quarter from state agency sponsors and at least once a year from all other sponsors The year-end invoice should include expenditures through June 30, the last day of the State's fiscal year and be submitted no later than July 15th. Final reimbursement requests should be submitted to the Office within ninety(90)days of the completion of the Project, funding end date, or the termination date, whichever comes first SECTION 18. ADVANCE PAYMENTS jAdvance payments of or in anticipation of goods or services to be provided under this Agreement are limited to salmon grants and must comply with SRFB policy. April 15,2002-Page 7 General Provisions SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the Protect described in this Agreement is for the acquisition of interest in real property for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Land Value. Before disbursement of funds by the Office as provided under this Agreement, the Sponsor agrees to supply evidence to the Office that the land acquisition cost has been established per Funding Board policy. B Evidence of Title. The Sponsor agrees to show the type of ownership interest for the property that has , been acquired. This shall be done before any payment of financial assistance. C. Deed of Right to Use Land for Public Purposes The Sponsor agrees to execute an instrument or instruments which contain 1. the legal description of the property acquired under this Agreement; 2. a conveyance to the State of Washington of the right to use the described real property forever for the purpose identified in the Agreement; and 3. a requirement to comply with applicable statutes, rules, and the Funding Board policies with respect to conversion of use. D. Assignment of Right.When acquiring a conservation easement,the Sponsor agrees to execute an ' instrument or instruments that contain: 1. The legal description of the conservation easement acquired under this Agreement, 2. An assignment to the State of certain rights for access to and stewardship of the property covered by the conservation easement; 3. Acknowledgement of the right of the Funding Board and the Office for enforcement of the provisions of the conservation easement; and , 4. A statement that the Sponsor will retain all responsibility for obligations under the terms of the conservation easement. E. Real Property Acquisition and Relocation Assistance 1 When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894(1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this Agreement, the Sponsor, if required by law, agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26.010 RCW),and Chapter 468-100 WAC 3. Housing and Relocation In the event that housing and relocation costs, as required by federal ' law set out in subsection (1) above and/or state law set out in subsection (2)above, are involved in the execution of this Protect,the Sponsor agrees to provide any housing and relocation assistance required ' SECTION 24. HAZARDOUS SUBSTANCES A. Definition."Hazardous substance,"as defined in Chapter 70.105D.020 (7) RCW, means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105 010(5)and (6)RCW, or any dangerous or extremely dangerous waste designated by rule pursuant to Chapter 70.105 RCW, ' 2. Any hazardous substance as defined in Chapter 70.105.010(14)RCW or any hazardous substance as defined by rule pursuant to Chapter 70 105_ RCW; 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101(14)of the federal cleanup law, 42 U.S C Sec. 9601(14), ' 4. Petroleum or petroleum products, and April 15,2002-Page 9 General Provisions ' SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED ' PROJECTS Sponsors must ensure that properties or facilities assisted with Funding Board funds, including undeveloped sites, are built, operated, used, and maintained- A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes B. In a reasonably safe condition for the project's intended use ' C Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. ' Facilities open to the public must E. Follow all state and federal accessibility guidelines F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. G. Be available for use at reasonable hours and times of the year, according to the type of area or facility. SECTION 27. INCOME AND INCOME USE A Income. ' 1_ Compatible source.The source of any income generated in a Funding Board assisted Project or project area must be compatible with the funding source and the Agreement. 2. Fees. User and/or other fees may be charged in connection with land acquired or facilities ' developed with Funding Board grants if the fees are consistent with the: (a) Value of any service(s)furnished, (b) Value of any opportunity(ies)furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or ' hunter)for which a facility/range fee must not be charged (Chapter 79A252.210 RCW) B. Income use Regardless of whether income or fees in a Funding Board-assisted area (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited In the Agreement, unless precluded by state law, the revenue may only be used to offset: 1. the Sponsor's matching funds; and/or 2. the Project's total cost; and/or 3. the expense of operation,maintenance,stewardship, monitoring, and/or repair of the facility or program assisted by the Funding Board grant; and/or ' 4. the expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; and/or 5. capital expenses for similar acquisition and/or development. ' SECTION 28. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the Funding Board discourages the Imposition of differential fees Fees for nonresidents must not exceed twice the fee Imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be Imposed on residents at comparable state or local public facilities. April 15,2002-Page 11 ' General Provisions SECTION 32. ORDER OF PRECEDENCE ' This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws In the event of ' an inconsistency In the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state statutes, regulations, policies and procedures including applicable ' federal Office of Management and Budget (OMB)circulars and federal and state executive orders; B. Protect Agreement including attachments, C. Additional Provisions or Modifications of General Provisions; ' D. General Provisions. SECTION 33. AMENDMENTS ' This Agreement may be amended by mutual agreement of the parties Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. SECTION 34. LIMITATION OF AUTHORITY Only the Office or Office's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this , Agreement Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Agreement is not effective or binding unless made in writing and signed by the Office SECTION 35. WAIVER OF DEFAULT , Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver of breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach ' and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the Director, or the Directors designee, and attached to the original Agreement. SECTION 36. APPLICATION REPRESENTATIONS --MISREPRESENTATIONS OR INACCURACY ' OR BREACH The Funding Board and the Office rely upon the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of,funding grants.Any misrepresentation, error or inaccuracy in any ' part of the application may be deemed a breach of this Agreement. SECTION 37. TERMINATION AND OTHER REMEDIES ' The Funding Board and the Office may require strict compliance by the Sponsor with the terms of this Agreement including,but not limited to,the requirements of the applicable statutes, rules and Funding Board policies which are incorporated into this Agreement, and with the representations of the Sponsor in , its application for a grant as finally approved by the Funding Board. The Funding Board or the Director, may suspend, or may terminate, the obligation to provide funding to the Sponsor under this Agreement: , A In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement; or B. If the Sponsor fads to make progress satisfactory to the Funding Board or Director toward completion , of the Project by the completion date set out in this Agreement In the event this Agreement is terminated by the Funding Board or Director, under this section or any ' other section after any portion of the grant amount has been paid to the Sponsor under this Agreement, the Funding Board or Director may require that any amount paid be repaid to the Office for redeposit into the account from which the funds were derived April 15,2002-Page 13 General Provisions ' SECTION 41. GOVERNING LAWNENUE ' This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be proper only in Thurston County Superior Court The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington In the cases where this agreement is between the Funding Board and a federally recognized Indian tribe, the following Governing LawNenue applies A The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal Court. Interpretation shall be according to the law of the State of Washington. In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the parties agree that the matter shall not be pursued in superior court unless there is a Federal Court determination that it lacks subject matter jurisdiction B. Any judicial award, determination, order, decree or other relief,whether in law or equity or otherwise, resulting from the action shall be binding and enforceable upon the parties.Any money judgment or award against the Tribe, tribal officers and members, or the State of Washington and its officers and employees may not exceed the amount provided for in Section F- Project Funding of the Agreement. C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and the State of Washington has waived its immunity to suit in state court. These waivers are only for the benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or delegate of the parties. In any enforcement action,the parties shall bear their own enforcement costs, including attomeys'fees. SECTION 42. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement_ Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: KING COUNTY FLOOD HAZARD MANAGEMENT PLAN - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. ratifying the 2006 King County Flood Hazard Management Plan. Ratification of the 2006 King County Flood Hazard Management Plan will convey the City's support for using the goals, processes, actions, funding, management approaches, and projects included in the Plan. The plan involves implementation of flood protection strategies and projects, improved inter-governmental coordination, securing long-term funding sources, monitoring progress, and providing improved flood protection for the City of Kent and King County. 3. EXHIBITS: Resolution, Public Works memorandum and back-up material 4. RECOMMENDED BY: Public Works Committee L (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. 61 i PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 ENT Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: October 30, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 5, 2007 From: Michael Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Adoption of King County Flood Hazard Management Plan ITEM 5 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend to City Council, passage of a resolution ratifying the 2006 King County Flood Hazard Management Plan. Will document be required? ❑ Ordinance ■ Resolution ❑ Agreement ❑ Contract ' ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Background/History: The City of Kent is located along the Green River, which has serious flood hazard risks, unmet flood hazard reduction projects, and existing facility maintenance needs. The overtopping or breaching of the Green River levees would have catastrophic results in terms of flooding, threatening lives and damaging valuable property within the City of Kent and King County. King County, through ordinance 15673, adopted the 2006 King County Flood Hazard Management Plan (Plan), which is an update to the 1993 Flood Hazard Reduction Plan. The Plan responds to aging flood protection infrastructure and unmet maintenance needs, new or updated federal regulatory requirements, environmental impacts of past flood hazard management practices and changes in watersheds since 1993. The Plan includes crucial policies, strategies, projects, and implementation avenues, including a recommended King County Flood Control Zone District, to plan for and protect against flood hazards. The King County Flood Control Zone District was enacted by the King County Council earlier this year. The Green River Flood Control Zone District, of which the City of Kent has been an active supporter and participant, was abolished in favor of the new countywide district. UV'IYCvnmineel4cn`wPq¢c100Naww 3<vMplkrnofkel/twdlrcmdxmgnxlglar/10507doc The Plan provides guidance for flood protection in King County, including the Green River Watershed. The methods prescribed in the Plan for levee improvements have been implemented successfully in Kent as well as other reaches of the Green River. Adoption of the Plan will also provide points for local agencies participating in the FEMA Community Rating System Program. Agencies accumulate points for various flood protection activities, and attainment of various point levels provide flood insurance discounts to property owners within the boundaries of that agency's jurisdiction. These discounts will be increasingly important in light of the proposed FEMA flood hazard reaps, which significantly increase the amount of floodplain area within the City of Kent. Summary: Ratification of the 2006 King County Flood Hazard Management Plan will convey the City's support for using the goals, processes, actions, funding and management approaches, and projects included in the Plan. The plan involves implementation of flood protection strategies and projects, improved intergovernmental coordination, securing long term funding sources, monitoring progress and providing improved flood protection for the City of Kent and King County. Hard copies of the 2006 King County Flood Hazard Management Plan are available for perusal in the Kent Public Works Department as well as the City Councilmember Meeting Room. Recommendations: Recommend to City Council passage of a resolution ratifying the 2006 King County Flood Hazard Management Plan. U IPWCommuwWa.p geL007l,i m 5ndop�flJWd&=,dmngnmV nI105 07do RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, regarding the 2006 Flood Hazard Management Plan adopted by the Metropolitan King County Council that adopts policies and plans for the control and mitigation of flood hazards in all watersheds in King County and includes a new regional funding source. RECITALS A. RCW 86.12.210 provides that a flood control management plan that includes an area where a city or town is located shall be developed by the county with full participation of the city or town. B. King County adopted the attached 2006 Flood Hazard Management Plan ("Plan") in January of 2007. Ordinance No. 15673. C. The Plan puts forward a 10-Year Action Plan ("Action Plan") designed to complete priority construction, repair and maintenance for flood protection facilities and related projects throughout King County. D. The Action Plan proposes many proactive flood risk reduction projects and programs. 1 KC 2006 Flood Hazard Management Plan E. Implementation of the Action Plan will produce the following outcomes; Improve public safety and reduce property damages; • Reduce the risk of levee and revetment failures by completing high priority capital improvement projects for flood protection facilities; Further expand the regional Flood Warning Center operations and public education and outreach; • Support ongoing updates to existing FEMA floodplain maps and other technical studies in support of effective implementation of floodplain regulations; Expand partnership and collaboration opportunities with other floodplain stakeholders, including but not limited to cities, private property owners, tribes, and watershed forums; and Provide for ongoing risk assessments in support of an adaptive management approach to hazard identification, solutions development and Plan implementation. F. The impacts of flooding in King County are far ranging and pose significant risk threats to public safety and regional economic viability. G. King County has the challenge of maintaining nearly 500 flood protection facilities. H. The Plan advocates for efficient and environmentally beneficial flood risk reduction projects and solutions that strive to accommodate, rather than oppose, natural nverine processes. I. Since the adoption of the 1993 version of the Plan, over $34 million has been spent to complete over 200 projects and technical studies, with a 2-to-1 leverage rate of federal and state funds to local dedicated funds. J. The remaining capital needs to protect public safety remain very significant. K. The geographic scope of the Plan is countywide. 2 KC 2006 Flood Hazard Management Plan L. The historical and current funding levels, and pay-as-you go capital improvement project approach, have not supported adequate maintenance of aging facilities over time and will not be sufficient to fund the implementation of the Plan. M. After adoption by the County in 2007, the Plan operated to establish and enact the new countywide King County Flood Control Zone District that includes all watersheds within King County and created a new regional funding source. N. The new District should fund the implementation of the Plan at an estimated cost of $179 million to $335 million. O. State laws pertaining to comprehensive flood control management plans require all jurisdictions within the planning area to participate in the development of a comprehensive food hazard management plan and ultimately adopt the plan for implementation within their community. P. Following adoption by a county, a comprehensive flood control management plan is binding on each jurisdiction and special district located within the area included in the plan. Q. The only substantive requirement of the 2006 King County Flood 1 Hazard Management Plan is that the that city comply with the minimum standards of the National Flood Insurance Program and the minimum state requirements set out in Section 86.16.041 Revised Code of Washington, which provisions are otherwise mandatory. R. The adoption of the regional plan, such as the 2006 King County Flood Hazard Management Plan, will work toward reducing flood insurance rates for properties in the city. 3 KC 2006 Flood Hazard Management Plan 1 S. The 2006 King County Flood Hazard Management Plan complies with the Federal Disaster Mitigation Act and its adoption will assure that the city remains eligible and competitive for state and local programs providing technical and financial assistance to local communities for flood hazard management. i NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Adoption and Ratification. The City of Kent, acting pursuant to RCW 86.12.210, adopts and ratifies the policies and projects of the 2006 King County Flood Hazard Management Plan as adopted by King County in Ordinance No. 15673, attached and incorporated by this reference, specifically including Policy 9-11, which provides that the city is in compliance with the Plan by meeting the minimum standards of the National Flood Insurance Program and minimum requirements pursuant to RCW 86.16.041. SECTION 2. — Public Inspection. The 2006 King County Flood Hazard Management Plan adopted by this resolution shall be filed with the City Clerk and placed in the offices of the Public Works Department to be available for inspection by the public. SECTION 3. — Severabilitx. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 4 KC 2006 Flood Hazard Management Plan SECTION 4. - Effective Date. This resolution shall take effect and be in force immediately upon Its passage. PASSED at a regular open public meeting by the city council of the city of iKent, Washington, this day of November, 2007. i CONCURRED in by the mayor of the city of Kent this day of s November, 2007. 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. 1 passed by the city council of the city of Kent, Washington, the day of November, 2007. BRENDA JACOBER, CITY CLERK P\Clvll\Remlutlon\KC2006FIoodHezardManagemen[Plan.doc , 5 KC 2006 Flood Hazard Management Plan j KING COUNTY 1200 King CountyCourthouse 516 Thud Avenue Searle WA 98104 Signature Report January 17, 2007 Ordinance 15673 Proposed No. 2006-0293.3 Sponsors Constantine and Hague 1 AN ORDINANCE relating to river and floodplairt 2 management,adopting the 2006 King County Flood Hazard 3 Management Plan as a functional plan of the King County 4 Comprehensive Plan; and amending Ordinance 11112, 5 Section 1,and K.C.C.20.12.480. 6 7 I8 STATEMENT OF FACTS: 9 1. Six major river systems flow through King County-the South Fork 10 Skykomish, Snoqualmie, Sammamish, Cedar,Green and White rivers- 11 and their significant tributaries,the Toll,Raging,Miller and Greenwater 12 rivers. Other tributaries and smaller streams include Tokul creek,Kimball 13 creek,Coal creek(Snoqualmie), Issaquah creek, Fifteen Mile creek and 14 Holder creek. r s 15 2. River and stream flooding impact private property,businesses,public 1 16 and private infrastructure such as parks and utilities,transportation 17 corridors,and can directly and indirectly result in loss of life. 1 r Ordinance 15673 18 3. King County adopted the policies of the 1993 Flood Hazard Reduction 19 Plan as operating principles to guide King County's River Management 20 Program and to meet the intent of the water and natural resource policies j 21 of the 1994,2000 and 2004 King County Comprehensive Plans. The 22 Flood Hazard Reduction Plan is listed as a functional plan of the King 23 County Comprehensive Plan 2004 in Technical Appendix A(Capital 24 Facilities). 25 4. The 2006 Flood Hazard Management Plan is an update to the 1993 26 Flood Hazard Reduction Plan to respond to aging flood protection 27 infrastructure and unmet maintenance needs, new or updated federal 28 regulatory requirements, environmental impacts of past flood hazard 29 management practices and changes in watersheds since 1993. 30 5. The 2006 King County Flood Hazard Management Plan meets the 31 requirements of the National Flood Insurance Program's Community 32 Rating System,which provides a thirty-five-percent discount on federally- 33 backed flood insurance premiums for unincorporated King County 34 property owners. Saving are approximately two hundred eighty-three 35 dollars per year for the average flood insurance policy. 36 6. The 2006 King County Flood Hazard Management Plan complies with 37 the federal Disaster Mitigation Act and will assure that King County 38 remains eligible and competitive for state and federal programs providing 39 technical and financial assistance to local communities for flood hazard 40 management. 2 Ordinance 15673 ' 41 7. The 2006 King County Flood Hazard Management Plan considers the 42 impact of flood hazard management policies and actions on habitat for 43 Puget Sound Chinook salmon and bull trout,which are listed as threatened 44 under the federal Endangered Species Act. 45 8. The 2006 King County Flood Hazard Management Plan proposes 46 project actions to repair,replace,and in some cases remove,levee and 47 flood protection infrastructure to ensure King County can adequately ; 48 reduce flood risks and address critical infrastructure needs. 49 9. The 2006 King County Flood Hazard Management Plan is necessary to 50 protect life and safety,valuable public and private property,the regional 51 economy and general welfare of King County and its residents. 52 10. Implementation of the 2006 King County Flood Hazard Management 53 Plan will require additional funds to ensure timely implementation of the 54 projects and programs that are outlined in the plan to reduce flood risks 55 and infrastructure needs on major rivers in King County and to address 56 subregional flood risks and infrastructure needs on tributaries, and that 57 carry out the flood risk policies and other policy objectives of the plan,as 58 are identified by the council, executive and cooperating jurisdictions. 59 11. The King County executive has transmitted a proposed ordinance 60 (Proposed Ordinance 2006-0334)proposing the formation of a countywide 1 61 flood control zone district and the dissolution of existing flood control 62 zone districts within the county. 3 Ordinance15673 63 12. Chapter 7 of the King County Flood Hazard Management Plan ' 64 identifies the creation of a countywide flood control zone district and an 65 annual assessment as the preferred alternative for financing of projects 66 listed in the plan. Proposed Ordinance 2006-0293 cannot and does not 67 create a county flood control zone district or levy an assessment. Creation 68 of such a district can only be accomplished through a separate legislative 69 action by the council. The legislation to accomplish has been transmitted 70 under Proposed Ordinance 2006-0334. Separate legislation would also be 71 needed to levy an assessment. 72 13. Support for and approval of King County Flood Hazard Management 73 Plan does not constitute a commitment, either by the council as a whole or 74 by individual members of the council,to establish of a specific funding 75 mechanism or tax assessment. Further deliberation on funding issues and 76 discussions with other local governments in King County will take place 77 as part of the council's deliberationon Proposed Ordinance 2006-0334 78 establishing a county flood control zone district. 79 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: I 80 SECTION 1. Ordinance 11112,Section 1,and K.C.C.20.12.480 are each hereby 81 amended to read as follows: 82 The King County Flood Hazard((l-ed�))Management Plan ((polieies)), as ' 83 shown in Attachment((n r. Ofdi._ e 1>>12] and: r-. ...ated he-ein by rafemnee 84 are))A to this ordinance is adopted as((operating principles))a functional plan to guide 85 King County's(( ))river and floodplain management program((s)) 4 Ordinance15673 — 86 and to meet the intent of the(( ))natural environment,and 87 facilities and services policies of the King County Comprehensive Plan. As an 88 amplification and augmentation of the King County Comprehensive Plan, ((theTelie-tes)) 89 the flood hazard management plan constitutes official county policy with regard to 90 (( ))river and floodplain management in King j91 County. For each site-specific proiect,such as levee improvements or concentrated areas 92 of home buyouts or elevations, a project summary is included to provide a better 93 understanding of the flood or erosion conditions of concern and the action or actions 94 proposed to address them. Project summaries,and references to easements,buffers or 95 levee improvements, including levee laybacks,in connection with such proicct f 96 summaries are intended to function at the level of planning documents and do not assume f 97 that the nature and scope of each of the described projects are the final project or action 98 that are described in this chapter 5 or in Appendices E,F and G of Attachment A to this r99 ordinance. The proposed projects and actions are not intended to substitute for the site- 100 specific analysis to determine what is required for each of the site specific capital proiects .` 101 that will he recommended and adopted as part of an annual capital improvement plan. 102 The priority,scope,nature and cost of the proposed projects or actions may change as the r 103 hydraulic, engineering and geotechnical conditions at each site are analyzed in greater 104 detail,and as engineering alternatives are developed, analyzed,reviewed and negotiated 105 with federal,state,local and tribal agencies and affected property owner or owners. I 106 However,while the plan sets forth what the county currently believes are best practices, 107 nothing in this plan creates or precludes the creation of new land use requirements,laws 108 or regulations. For the reach of the Tukwila 205 levee and any extensions thereof I 5 Ordinance 15673 109 between South 180th Street and South 204th Street,the setback,easement and slope 110 design recommendations of the King County Flood Hazard Management Plan are III satisfied if the repair,extension or modification of an existing levee or the design of a 112 new levee meet the design guidelines and factors of safety in United States Army Corps 113 of Engineers Engneering Manual for the Design and Construction of Levees(EM 1110- 114 2-1913)dated April 30,2000,as most currently updated. 115 SECTION 2. It is the intent of the county to take timely action to ensure adequate 116 funding is available for the implementation of projects and programs that are outlined in 117 the plan to reduce flood risks and infrastructure needs on major rivers in King County 118 and to address such subregional flood risks and infrastructure needs on tributaries and in 119 jurisdictions that have regulations consistent with the plan,that carry out the flood risk t 120 policies and other policy objectives of the plan, as may be identified by the executive,the 121 executive's staff and cooperating jurisdictions. Such subregional flood risks and 122 infrastructure needs as maybe identified would also recognize past investments in flood 123 risk reduction and local cost shares for any future funding. 124 SECTION 3. Severability. If any provision of this ordinance or its application to 1 i 6 Ordinance15673 125 any person or circumstance is held invalid,the remainder of the ordinance or the 126 application of the provision to other persons or circumstances is not affected. 127 Ordinance 15673 was introduced on 7/10/2006 and passed as amended by the Metropolitan King County Council on 1I16I2007,by the following vote. Yes:9-Mr.Gossett,Ms.Patterson,Ms.Lambert,Mr.von Reichbauer,Mr. Dunn,Mr.Ferguson,Mr.Phillips,Ms.Hague and Mr. Constantine 0 Excused: KING COUNTY COUNCIL KING COUNTY,WASHINGTON artyGosset Chair ATTEST: Anne Noris,Clerk of the Council APPROVED this 2 4 day of A/A u.", 2007. — ` Ron Sims,County Executive � o Attachments A.2006 Ding County Flood Hazard Management Plan dated December 5;2 006Cn > t 7 t Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: WATER USE EFFICIENCY GOALS - APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to approve the proposed Water Conservation Goals - Public Briefing document, combined with comment from the Public during the Public Hearing of 11-05-2007, and submit the appropriate documentation to the Department of Health for review and approval Iaccording to the requirements of WAC 246-290-810. The Proposed Water Conservation Goal Briefing Document (attached) outlines the water conservation goals proposed by the Kent water system, namely to maintain low water system losses and to reduce public agency summer water use in Kent. 3. EXHIBITS: Public Works memorandum, copy of WAC 246-290-810 and proposed Water Conservation Goal Public Briefing document 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone. 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address: 400 West Gowe Kent, WA 98032-5895 Date: October 23, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November 5, 2007 From: Brad Lake, Water Superintendent Through: Larry Blanchard, Public Works Director Subject: Water Use Efficiency Goals Item 6 Motion: ■ Required ❑ Not Required ❑ For Information Only Approve the proposed Water Conservation Goals—Public Briefing document combined with comment from the Public during the Public Hearing of 1 1-05-2007, and submit the above document to the Department of Health for review and approval according to the requirement s of WAC 246-290-810. Will document be required? ❑ Ordinance ❑ Resolution Agreement ❑ Contract ❑ Policy ❑ SOP's ■ Other Governing Policies Procedures Rules & Regulations: **VAC 246-290-810 Background/History: In 2003 the Washington State legislature passed HB 1338, known as the Municipal Water Law (MWL), to address the increasing demand on our state's water resources. The law established that all municipal water suppliers must use water more efficiently in exchange for water right certainty and flexibility to help meet future demand. The Legislature directed the Department of Health (DOH) to adopt an enforceable Water Use Efficiency (WUE) Program, which became effective January 22, 2007. One of the requirements of this new WUE Program is to set attainable conservation goals and adopt them prior to January 22, 2008, and allow our customers and the public to comment on the proposed goals in a public meeting. Summary: The Proposed Water Conservation Goal Public Briefing Document is attached which outlines the water conservation goals proposed by the Kent water system, namely to maintain low water system losses and work to reduce public agency summer water use in Kent. Recommendations: Allow public comments to be given in this public forum, for consideration prior to finalizing the Kent goals. 1) Reduce public agency summer use of water by 0.5% annually in the Kent Water system 2) Keep the Kent system water losses at less than 6% of the total water produced annually t If no public comments are given to the contrary, recommend that the goals be approved and presented to the Council for approval. u 1pwmN,NmNm«lecNnlpaWX2oo71pw 1005 OIAW a vx ERclewy co.k mro wydx 1246-290-800 << 246-290-810>> 246-290-820 WAC 246-290-810 Fater use efficiency program. (1) Water system plans and small water system management programs submitted for approval for the first year after the effective date of this rule, must describe the municipal water supplier's existing water use efficiency program The municipal water supplier must continue existing levels of water use efficiency (2) Subsections (3)and (4)of this section apply to: (a) Water system plans submitted to the department for approval under WAC 246-290-100 one year after the effective date of this rule (b) Small water system management programs developed and implemented or submitted to the department for approval one year after the effective date of this rule (3) Municipal water suppliers shall develop and implement a water use efficiency program which includes sufficient cost-effective water use efficiency measures to meet the water use efficiency goals developed under WAC 246-290-830 (4) Municipal water suppliers shall complete the following items in the water use efficiency program. (a) Describe the current water use efficiency program; (b) For systems serving one thousand or more total connections, estimate the amount of water saved through implementation of the water t use efficiency program over the last six years; (c) Describe the chosen water use efficiency goals and document the goals were established in accordance with WAC 246-290-830; j (d) Evaluate water use efficiency measures to determine if they are cost-effective as follows (i) Evaluate or implement, at a minimum, the number of water use efficiency measures specified in Table 1 based on the system's total Inumber of connections (u) Evaluate or implement water use efficiency measures from the following categories of measures if they are applicable Indoor residential, outdoor, and industrial/commercial/institutional (ui) For systems serving less than one thousand total connections,describe the evaluation process used to select water use efficiency measures (iv) For systems serving one thousand or more total connections, include the following criteria when evaluating water use efficiency measures (A) Quantitatively evaluate water use efficiency measures to determine if they are cost-effective from the system's perspective including the marginal costs of producing water (B)Address whether the water use efficiency measures are cost-effective if the costs are shared with other entities. (C)Quantitatively or qualitatively evaluate water use efficiency measures to determine if they are cost-effective from the societal perspective Table 1 Number of connections Less than 500 500-999 1,000-2,499 2,500-9,999 10,000-49,999 50,000 or more Water use efficiency 1 4 5 6 9 12 measures (e) Describe all water use efficiency measures to be implemented within the next six years including a schedule and a budget that demonstrates how the water use efficiency measures will be funded, (f) Describe how consumers will be educated on water use efficiency practices, (g) Estimate protected water savings from selected water use efficiency measures, (h) Describe how the water use efficiency program will be evaluated for effectiveness, (Q Evaluate water distribution system leakage as follows (Q Include distribution system leakage totals in accordance with WAC 246-290-820 for the past six years (u) If necessary, include a copy of the water loss control action plan in accordance with WAC 246-290-820(4). (ui) If all or portions of transmission lines are excluded when determining distribution system leakage, estimate the amount of leakage from the excluded portion of the transmission mains and describe how it is maintained to minimize leakage /. .. .- /_I_t_ la _ _ __.a_2�_ '1 //"' '1n/1 n9n •, 7 Mr /-inn-� [Statutory Authority RCW 70 119A 180 07-02-025B,§246-290-810,filed 12/22/06,effective 1/22107 J 1 t t i 1 i L i l t City of Kent 1 Proposed Water Conservation Goal Public Briefing Document 1.0 Background tPurpose /Water Conservation Rule Washington State's new Water Use Efficiency Rule requires municipal water suppliers to establish water conservation goal(s). The City of Kent's water conservation goal(s) must be approved by the Kent City Council no later than January 22, 2008, and then re- established at a minimum frequency of every six years. The goal(s) must be measurable in terms of reduced or maintained water production or usage Progress towards the goal(s) must be reported annually to the Department of Health (DOH) and city customers. Public Process The water conservation goal(s) must be established using a public process. The public process is intended to provide an opportunity for consumers and the public to comment on the City's proposed goal(s). Kent has chosen to use the City Council Public Works Committee (PWC) as the public process venue. The PWC is comprised of three council members that make recommendations to the full Council on Public Works related issues. The PWC will hold a committee meeting on Monday, November 5"', 2007, at 5:00 p.m. in the Council Chambers at City Hall to serve as the public hearing for the proposed water conservation goal(s). The full Council will review the recommendation of the PWC at its regular meeting scheduled November 20"', 2007The City will make a brief presentation regarding the proposed goal(s) and public comments will be accepted. All comments received at the workshop will be reviewed by City Staff and considered by the Kent City Council in approving the final Water Use Efficiency Goals. As part of the public process, this document provides background information related to the City's proposed water conservation goal(s). Overview of Water Sales and Sources of Supply Kent provides water to approximately 11,000 households and 2,100 businesses. In 2006, the City's customers used on average approximately 8 million gallons per day(mgd) of water As shown in Figure 1 below, lust under half(46%) of the water is used by commercial customers,just over a quarter(29%) of the water is used by multi-family customers, and the remaining quarter(25%) is used by single-family households. As shown in Figure 2 below, water use is not constant over the year, but rather increases during the summer months,primarily due to irrigation and outdoor water use. A primary focus of the City's water conservation program is to reduce this summer peak. City of Kent 1 Proposed Water Conservation Goal Public Briefing Document Figure 1 —Water Usage by Customer Type (based on 2006 data) 25% ❑ Single-Family 46% Multi-Family . ■ Commercial Use 29% Figure 2 — Summer Peaking i A 12 rA 18 U 6 ro 4 2 - 0 � Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec t Month The City of Kent receives its water from (8) groundwater and spring sources, and has partnered with the City of Tacoma, Covington Water District and Lakehaven Utility District to acquire an additional surface water supply through Tacoma's Pipeline 5 project, which will deliver Green River water to the City. Water Conservation History While the requirement to set a water conservation goal(s) is new, water conservation r itself is not new to the City. The City has had an active water conservation program since 1993. Per capita water use has decreased 16.7% since the pre-conservation baseline City of Kent 2 Proposed Water Conservation Goal Public Briefing Document t Lperiod as a result of weather changes, economical changes,water conservation program efforts, the City's water conservation rate structure, and water efficiency codes, as well as many other factors. Kent's current water conservation program involves an extensive array of measures targeting commercial, industrial and residential demand, as well as City facilities. The program consists of public education, distribution of water conservation kits, financial assistance for water efficient fixtures, implementation of meters on all accounts, leak- detection, and an inclining seasonal pricing structure. hl all, approximately 29 water conservation measures are currently implemented, targeting the full range of customer types and both indoor and outdoor savings. Kent's water conservation program has been designed to accomplish the following-. 1 ♦ Comply with the State of Washington's Department of Health water conservation planning requirements. • Promote the efficient use of water within Kent's water service area. ♦ Identify activities that will slow the increase of average and peak water use demands over future years. ♦ Implement water conservation measures that provide value to Kent customers in a cost effective matmer. Figure 3 below presents Kent's projected yearly production and actual production from the years 1996-2006. Production is the total of all water produced from the sources by Kent and accounts not only for water Kent provides to customers, but also non-revenue water, which may have been used to provide fire protection, conduct system maintenance or lost through leakage. Figure 3 — 1996 Thru 2006 Demand Projected vs.Actual Annual Demand 5000.000 a 4000.000 3000 000 ■Projected Demand c 2000 000 ■Actual Production z 1000 000 0.000 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Year City of Kent 3 Proposed Water Conservation Goal Public Briefing Document 2.0 Proposed Water Conservation Goal The City of Kent proposes a goal of less water to be used by public agencies in Kent's water service area during the summer months of June thru August. It is proposed that the annual goal of a 0.5%reduction to summer water used by public agencies in Kent be established, with a total reduction goal of 3.0% for the next 6-years. This goal will provide a benefit to the public by reducing costs. The City also proposes a goal of maintaining water loss for the Kent Water System at less than 6%per year. As is shown in Figure 4 below, the City has met this goal over the past 6-years, and will continue to concentrate on ways to maintain this number. Unaccounted for water is an inherent element of water system management which can never be eliminated entirely due to meter losses, water theft and small system leakage. Compliance with the Distribution Leakage portion of the Water Use Efficiency Rule is 10%, and is >� based on a three-year rolling average. Kent's goal is well below the Department of Health standard. Figure 4— Unaccounted for Water 1993-2006 Unaccounted for Water 12.89% 1263% 32 38% 1017% Mnniapal Water law Standard ! 10% 8 00% a00% 680% 6M 9 50% 1 ° 3A0% 189% 391% 3.89% 0% r —1 '93 '94 '95 '96_'97 '98 199 '00 '01 '02 '03 '04 '05 '066 1 3.0 Proposed 2008-2013 Water Conservation Program Kent's proposed goal is supported by Kent's proposed 2008-2013 Water Conservation • Program, a summary of which is provided in Table 1 below. Similar to previous water conservation efforts, the program targets all sectors, targets both indoor and outdoor savings, and targets both hardware and behavior savings. Kent's proposed water conservation program is estimated to cost $100,000 annually. City of Kent 4 Proposed Water Conservation Goal Public Beefing Document Table I City of Kent Conservation Program Summary Current 2008- Type Program Program 2013 Annual Costs program Newsletter Yes Yes Water hotluie-status of water supply/restrictions Yes Yes Consumption history on bill Yes Yes Water Bill inserts-conservation Yes Yes programs/incentives, etc Demonstration garden Yes Yes Media advertising Yes Yes Education& Public events/library displays Yes Yes Outreach School education programs Yes Yes Newspaper articles Yes Yes Landscape seminars Yes Informational brochures Yes Yes Landscape/Irrigation system guidelines Yes Yes Vehicle billboard program Yes Lawn watering calendar Yes Yes $150,000 Distribution of conservation kits Yes Yes Rate Structure Seasonal water rates Yes Yes Irrigation-Ram sensors/shut off Yes Yes 1 Rain Barrels/rain pads Yes Yes Outdoor Landscape audits Yes Yes Hardware Rainwater harvesting Yes Ram gauges Yes Yes Low-flow showerheads Yes Yes Indoor Low-flow faucet aerators Yes Yes Hardware High-efficiency toilet replacement Yes Yes Technical Customer Assistance Yes Yes Assistance Technical Studies(residential& commercial water audits) Yes Yes Source Meters Yes Yes System Service meters Yes Yes Measures Unaccounted water/leak detection Yes Yes total S150,00o City of Kent 5 Proposed Water Conservation Goal Public Briefing Document 4.0 Evaluation Evaluation of the water conservation program is important to ensure anticipated savings are being achieved and to modify the program if necessary to achieve the savings. Kent has always placed strong emphasis on evaluation. This emphasis is even more critical since under the new Water Use Efficiency Rule the water purveyor is required to report annually to the State and City customers on progress towards meeting its water conservation goal. The performance of the water conservation program will be evaluated annually. The evaluation will vary to some degree for different types of programs, such as hardware programs versus behavior programs. The evaluation is anticipated to include aspects such as tracking actual activity levels compared to planned activity levels and verifying installation rates. i i 1 1 t r I 1 City of Kent f) Proposed Water Conservation Goal , Public Bnefing Document t Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: UTILITY RATE ANALYST FOR SEWER COMPREHENSIVE PLAN CONSULTANT CONTRACT - AUTHORIZE t 2. SUMMARY STATEMENT: Authorize the Mayor to sign the FCS GROUP Consultant Services Contract Agreement for the Utility Analysis portion of the Sewer Comprehensive Plan for $44,570, upon concurrence of the language therein by the City Attorney and Public Works Director. The Utility Rate Specialist will have the responsibility of reviewing the current utility rates, forecasting required revenues for a six to ten-year period, and developing alternative rate structures for the utilities depending on staff and citizen recommendations. ' 3. EXHIBITS: Public Works Memorandum and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L i PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WAS„,„GTON Address: 220 Fourth Avenue S. ;L000 Kent, WA 98032-5895 i Date: October 30, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November S. 2007 From: Mark Howlett, Design Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Sewer Master Plan Utility Rate Specialist Contract ITEM 7 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the FCS GROUP Contract Agreement for the Utility Rate Analysis of the Sewer Master Plan for $44,570, upon concurrence of the language therein by the City Attorney and Public Works Director. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract i ❑ Policy ❑ SOP's ❑ Other iGoverning Policies Procedures Rules & Regulations: Background/History: The Drainage Master Plan will include an assessment of the City's sewer program. The Utility Rate Specialist will have the responsibility reviewing the current utility rates, forecasting required revenues for a six to ten-year period, and developing alternative rate structures for the utilities. i Summary: The consultant contract agreement for FCS GROUP, in the amount of $44,570 for the utility rate analyst tasks to allow City staff to complete the Sewer Master Plan. 1 Recommendations: Recommend authorization for the Mayor to sign the FCS GROUP Consultant Agreement for the Utility Rate portion of the Sewer Master Plan for $44,570 upon concurrence of the ilanguage therein by the City Attorney and Public Works Director. u IPWCommineeL4atonPage12007Vtem8SvrMmterP7mrUtRamSpenaGstCnm with PCSGmwp1105 07 abc t72 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and 1 FCS Group ITHIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and FCS Group organized under the laws of the State of Washington, located and doing business at 8201 164th Avenue NE, Suite 300, Redmond, WA 98052, Phone. (425) 867-1802/Fax (425) 867- 1937, Contact Karyn Johnson (hereinafter the "Consultant") I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications- The Consultant shall prepare a sanitary sewer utility rate study For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. ' Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2008. ' III. COMPENSATION. 1 A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Four Thousand, Five Hundred Seventy Dollars ($44,570.00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section 1 above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide CONSULTANT SERVICES AGREEMENT- l (Over$10,000) 73 payment within thirty (30) days of receipt of an invoice If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon , providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VL DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE , INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE , MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. , VIIL INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit D attached and incorporated by this reference. ' CONSULTANT SERVICES AGREEMENT-2 , (Over$10,000) 74 IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. The Consultant shall be permitted to retain copies, including reproducible Icopies, of all original documents for information and reference. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. X1. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction ' of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) 75 ' D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the ' addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. if the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. , F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. ' G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal , laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (e ignature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) (Title) DATE: DATE: CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) 76 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Karyn Johnson Larry R Blanchard FCS Group City of Kent r8201 164th Avenue NE, Suite 300 220 Fourth Avenue South Redmond, WA 98052 Kent, WA 98032 (425) 867-1802 (telephone) (253) 856-5500 (telephone) (425) 867-1937 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department FCS Group-Sewer Rate StudyNesper r r r r r r r CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) 77 , DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with , the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; , The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. I 2 During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime , Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. , Dated this day of 200. By: For: , Title: Date- EEO COMPLIANCE DOCUMENTS- I ' CITY OF KENT 78 ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES. April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity Iwithin their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps, L 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. ' Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. ' EEO COMPLIANCE DOCUMENTS-2 79 CITY OF KENT ' EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the , Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement t known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy L2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ By: For. Title: Date: i i EEO COMPLIANCE DOCUMENTS-3 Exhibit A 80 Scope of Services Sanitary Sewer Rate Study ' This Exhibit A, Scope of Work, defines the financial rate services to be provided to the City of Kent, Public Works Department, Environmental Engineering Section(City)by FCS GROUP for the Sewer Master Plan Update Project. ' The City plans to conduct a citywide update of its Sewer Master Plan (SMP).The SMP will likely include an evaluation of the City's existing operations (assuming continuation of treatment services provided by King County Metro) as well as the evaluation of potential alternative treatment options. In support of the SMP, FCS GROUP will prepare a utility rate study that will evaluate fiscal policies,forecast revenue requirements, design rate structure alternatives, and present findings as necessary. Task is Data Collection/Validation 1.1 Prepare a written request for data/ information needed for the study.The list will be provided to the City in advance of the kick-off meeting. 1.2 Hold project kickoff meeting. Key City and FCS GROUP participants will meet to review 1 project scope, schedule, approach, communications, and roles In particular, a discussion of preliminary rate and connection charges structure alternatives will be included. 1.3 Review, analyze, and validate the data. Prepare any necessary written requests for follow- up information. Coordinate via telephone and email with City staff on data acquired in this initial process. Task 2: Fiscal Policy Evaluation 2.1 Review policies regarding reserve management, including operating reserves, capital- related reserves, debt reserves, and any other reserves of the utility. Evaluate the need for such reserves, the basis for minimum thresholds, and the financial and rate impacts for establishing any new or revised reserves. Evaluate debt management policies, and policies regarding capital improvement and capital reinvestment (e.g., repair /replacement) funding. 2.2 After review and discussion with City staff, integrate recommended policies into the technical analyses. ' Task 3: Capital Financial Planning Analysis 3.1 Develop a spreadsheet-based analysis to analyze the ability of the City to fund the capital needs identified in the Sewer Master Plan(SMP). Consider funding sources from current revenue streams (e.g., rates, connection charges, and dedicated cash reserves) and potential revenue streams that are consistent with City policy and preference (e.g., increased rates and charges as warranted, debt financing, acquisition of special grants or loans, assessments, or special funding structures). Working from the capital projects list, incorporate annual capital projects and associated costs for a six to ten-year study period. Forecast future costs using inflationary factors.Alternative capital improvement programs will likely be developed by the City's consulting engineer, including a base case option assuming existing treatment operations (King County Metro) and possible alternative treatment options ' 3.2 Compare forecasted improvements against forecasted funding sources available, as derived from current rate and charge levels, cash reserves, and other identified sources for funding capital projects. Develop a capital funding strategy based on different approaches to funding capital needs, including alternative levels of annual cash contributions from 1 i Exhibit A 81 Scope of Services Sanitary Sewer Rate Study ' rates, use of cash reserves, appropriate and/or necessary levels of debt financing, , resources from new development, etc. (The budget provides for up to four(4) alternative capital funding scenarios). Task 4: Revenue Requirement Forecast 4.1 Prepare a spreadsheet-based financial planning module to forecast and analyze the financial performance of the utility over the study period.The chief output of this task is a "revenue requirement" that defines the full-cost need from the City's user rates, after ' other revenue sources have been accounted for in meeting the financial obligations of the utility. 4.2 Integrate cash and coverage requirements from recommended fiscal policies (Task 2) and , capital financing strategies (Task 3) Forecast annual operating expenditures and revenues for the study period. Budget estimates will be used as a baseline for projecting future costs and revenues. Model impacts resulting from any operational cost additions or savings caused by capital projects, known or anticipated changes to meet regulatory requirements, as well as impacts of any new or enhanced program initiatives. A base case operating forecast will be prepared assuming existing treatment operations (King County ' Metro) and possible alternative treatment options. 4.3 Compare annual financial needs against available rate and miscellaneous operating revenues, identifying any projected shortfalls over the forecast period. Calculate annual and overall adjustments needed in rate levels to recover the full cost of service over the study period. 4.4 Develop rate revenue strategies that meet financial obligations over the near-and long- ' term planning horizon and provide smooth impact to utility customers, to the extent practical. (The budget provides for up to four(4) revenue requirement scenarios). 4.5 Prepare materials and meet with City staff to review and evaluate key results and select , the preferred revenue requirement scenario. 4.6 Incorporate changes as necessary and finalize the revenue requirement analysis. , Task 5: Cost of Service / Rate Structure Evaluation 5.1 Develop functional allocation of system assets and expenses: • Classify plant investment by major categories (e.g., customer services, collection, transmission, etc.); ■ Assign categorized plant investment to functional cost components (customer, flow) using system design criteria; ■ Classify expense data by major and sub categories relating to the activities performed in the operation of the sewer utility(including King County treatment expenses); and , ■ Assign categorized expenses to functional cost components. 5.2 Distribute functional costs to customer classes: • Work with City staff to generate a database of detailed billing system information by customer class. Since the study includes evaluation of volume based rates for single family residential (SFR) customers,winter period usage and annual usage will be , evaluated over a consecutive 12-month period. Develop summary customer statistics by customer class including number of accounts, dwelling units, annual water usage, and winter period water usage; , 2 , � Exhibit A $z ' Scope of Services Sanitary Sewer Rate Study ■ Perform a customer class analysis to determine the appropriate grouping of customers for use in the cost allocation process and rate structure design. Consistent with King County Metro's charge basis, it is assumed that strength differentials will not be incorporated into the analysis, ■ Apply prevailing rates to the customer data set to determine whether the historical information serves as a valid basis for calculating rates that will generate the correct amount of revenue Depending on the initial outcome, this could include follow up with City staff to determine potential reasons for any significant discrepancies; ■ Allocate classified costs to each customer class based on use of the sewer system; and ' ■ Derive class of service unit costs. 5.3 Develop alternative rate structures: ■ Review and analyze the current sewer rate structure. Recommend rate modifications reflective of cost-of-service findings and policy objectives of the City, to include volume based residential rates. (The budget provides for up to three (3) alternative rate structures for review with utility management); ■ Evaluate and demonstrate the ability of the resulting rates to generate the projected and required revenues by testing rates against composite system customer demands; ■ Identify revenues to be generated from fixed and volume-based charges; • Incorporate the King County(pass through) charge and prepare sample bills for each class of service comparing existing rates and proposed rate impacts; and ■ Prepare a typical bill comparison for the residential class including a survey of up to five (5) neighboring communities and the City's existing and proposed rates. 5.4 Prepare materials and meet with City staff to review and evaluate key results and select the preferred rate structure. ' 5.5 Incorporate changes as necessary and finalize rate design. Task 6: Capital Connection Charges 6.1 Review and evaluate the current connection charge methodology and structure. Recommend alternatives as warranted. 6.2 Based on the results of Subtask 6.1 above, update capital connection charges for the utility. The recommended methodology is likely to incorporate current and planned system investment and system capacity: ■ Determine the existing cost basis to be incorporated into the charges.This includes ' review and evaluation of existing plant-in-service, contributed assets, interest accumulation, and other adjustments; ■ Determine the future cost basis to be incorporated into the charges.This includes ' review and evaluation of the sanitary sewer CIP (as identified in the SMP) and apportioning capital needs to existing customers and to future customers. Charges will be calculated under the base case scenario and selected alternative treatment ' options; ■ Determine system capacity that the existing and future planned system infrastructure can serve; and ' 3 Exhibit A 83 Scope of Services Sanitary Sewer Rate Study ■ Calculate the maximum allowable capital connection charge per customer equivalent and develop a schedule of sewer connection charges. (The budget provides for up to , two (3) alternative schedule of charges). 6.3 Prepare materials and meet with City staff to review and evaluate key results. ' 6.4 Incorporate changes as necessary and finalize connection charges. Task 7: Presentations 7.1 Meet with City staff to review final recommendations and summary materials for use in City Council/ public presentations. 7.2 Attend up to three (3) City Council/public meetings to present study results. ' Task 8: Documentation 8.1 Develop a draft policy-oriented report for City staff review that focuses on findings, ' conclusions, and implementation methods and issues related to the recommended rates. 8.2 Incorporate City staff comments as appropriate and deliver a final report in hard copy and electronic(pdf) format. Electronic versions of the spreadsheet models will be submitted in Excel format. Deliverables: Task 1: Data Request to City Staff Task 2: Evaluate fiscal policies and analyze impacts Task 3: Analyze up to 4 alternative capital funding scenarios ' Task 4: Provide up to 4 revenue requirements alternatives Task 5: Provide up to 3 alternatives for Rate Structure , Task 6: Provide up to 3 alternative schedules of connection charges Task 8: Final Report 1 4 ' ' Exhibit B 84 Fee Schedule Sanitary Sewer Rate Study ' Consultant Hours Managing Total Pnnttpal Analyst Admen Estlamt�d Labor Task John,on Hol,rt Support HOUIJ Budget Hourly Billing Rates $175 $120 $60 Task 1 -Data Collection/Validation [1 mtg] 8 24 32 $4,280 Task 2-Fiscal Policy Evaluation 4 4 8 $1,180 Task 3 -Capital Financial Planning Analysis 4 20 24 $3,100 Task 4-Revenue Requirement Analysis[I mtg] 12 44 56 $7,380 Task 5-Cost of Service/Rate Structure Evaluation[1 mtg] 14 58 72 $9,410 Task 6-Capital Connection Charges[I mtg] 12 32 44 $5,940 Task 7-Presentations[4 mtgs] 24 24 8 56 $7,560 Task 8-Documentation 8 32 8 48 $5,720 Total 86 238 16 340 $44,570 Exhibit C Schedule The City expects the capital improvement programs to be completed around February/March 2oo8, at which time the rate study would begin.This tentative schedule assumes study completion around September 2oo8. I ' 5 85 , EXHIBIT D ' INSURANCE REQUIREMENTS FOR , CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in , connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance ' Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The ' Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws , of the State of Washington B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: , 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. , 2. Commercial General Liability insurance shall be written with limits no less than S1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit ' 86 EXHIBIT D (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail,return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers ' Insurance is to be placed with insurers with a current A M. Best rating of not less than AN IL E. Verification of Coverage Consultant shall furmsh the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. ' F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ' Kent City Council Meeting Date November 20, 2007 ' Category Consent Calendar 1. SUBJECT: UTILITY RATE ANALYST FOR DRAINAGE MASTER PLAN ' CONSULTANT CONTRACT — AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the FCS GROUP Consultant Services Contract Agreement for the Utility Analysis portion of the Drainage Master Plan for $46,630, upon concurrence of the language therein by the City Attorney and Public Works Director. The Utility Rate Specialist will have the responsibility of reviewing the current ' utility rates, forecasting required revenues for a six to ten-year period, and developing alternative rate structures for the utilities depending on staff and citizen recommendations. 3. EXHIBITS: Public Works Memorandum and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i ' DISCUSSION: ' ACTION: Council Agenda Item No. 6M i PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KENT Fax, 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: October 30, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: November S. 2007 From: Mike Mactubs, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Drainage Master Plan Utility Rate Specialist Contract ITEM 8 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the FCS GROUP Contract Agreement for the Utility Rate Analysis of the Drainage Master Plan for $46,630 upon concurrence of the language therein by the City Attorney and Public Works Director. Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Background/History: The Drainage Master Plan will include an assessment of the City's stormwater program. The Utility Rate Specialist will have the responsibility reviewing the current utility rates, forecasting required revenues for a six to ten-year period, and developing alternative rate structures for ' the utilities depending on staff and citizen recommendations. Summary: The consultant contract agreement for FCS GROUP, in the amount of $46,630 for the utility rate analyst tasks to allow City staff to complete the Drainage Master Plan. Recommendations: ' Recommend authorization for the Mayor to sign the FCS GROUP Consultant Agreement for the Utility Rate portion of the Drainage Master Plan for $46,630 upon concurrence of the language therein by the City Attorney and Public Works Director. ' u IPWCammitt L4 domPage4W7VmmgPCSDrarnagem terpfaa doe 88 40 • KENTI CONSULTANT SERVICES AGREEMENT between the City of Kent and FCS Group THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and FCS Group organized under the laws of the State of Washington, located and doing business at 8201 164th Avenue NE, Suite 300, Redmond, WA 98052, Phone- (425) 8674802/Fax. (425) 867- 1937, Contact. Karyn Johnson (hereinafter the "Consultant"). ' I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications The Consultant shall prepare a storm and surface water utility rate study For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2008 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Six Thousand, Six Hundred Thirty Dollars ($46,630.00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section 1 above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement The City shall provide CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) 89 i payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement VIll. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit D attached and incorporated by this reference CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) 90 IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. The Consultant shall be permitted to retain copies, including reproducible copies, of all original documents for information and reference. All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant Xl. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion XR. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) 91 D Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning parry shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant G Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement the terms of this Agreement shall prevail H. Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: i By: By: (signature) (signature) Print Name: Print Name--Suzette Cooke Its Its Mayor (Title) Mile) DATE• DATE. i i 1 CONSULTANT SERVICES AGREEMENT-4 (Over$'10,000) 92 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Karyn Johnson Larry R. Blanchard FCS Group City of Kent 8201 164th Avenue NE, Suite 300 220 Fourth Avenue South Redmond, WA 98052 Kent, WA 98032 (425) 867-1802 (telephone) (253) 856-5500 (telephone) (425) 867-1937 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: i iKent Law Department FCS Group-Utility Analysis/Tan � i i i I i i - i i i CONSULTANT SERVICES AGREEMENT-5 (Over S10,000) 93 j DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. ' Dated this day of 200 By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT 94 ADMINISTRATIVE POLICY NUMBER 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termmation for all or part of the Agreement. 1 Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 1 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 95 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the I Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement i known as that was entered into on the (date) , between the firm I represent and the City of Kent. t I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By: For: Title: Date- EEO COMPLIANCE DOCUMENTS-3 Exhibit A 96 Scope of Services Storm and Surface Water pate Study This Exhibit A, Scope of Work,defines the financial rate services to be provided to the City of Kent, Public Works Department, Environmental Engineering Section (City)by FCS GROUP for the Drainage Master Plan Update Project. The City plans to conduct a citywide update of its Drainage Master Plan (DMP). The DMP plays a vital role in municipal decision-making, guiding a wide range of short-term and long-term management choices that ultimately affect flooding risks, public health and safety, environmental protection/preservation, livability, and economic development success. In support of the DMP, FCS GROUP will prepare a utility rate study that will evaluate fiscal policies, forecast revenue requirements, design rate structure alternatives, and present findings as necessary. Task 1: Data Collection/Validation 1.1 Prepare a written request for data/ information needed for the study The type of data requested will include items such as financial statements, current year line-item budgets, cash balances, capital improvement programs, debt service schedules, fixed assets inventories, rate/fee schedules,basin boundary maps, equivalent service units, etc.Many of these items will need to be provided by basin service area if the City wishes to continue with the basin-specific rates and/or connection charges. The list will be provided to the City in advance of the kick-off meeting. 1.2 Hold project kickoff meeting. Key City and FCS GROUP participants will meet to review project scope, schedule, approach, communications, and roles. In particular, a discussion 1 of preliminary rate and connection charge structure alternatives will be included 1.3 Review, analyze, and validate the data. Prepare any necessary written requests for follow- up information. Coordinate via telephone and email with City staff on data acquired in this initial process. Task 2: Fiscal Policy Evaluation 2.1 Review policies regarding reserve management, including operating reserves, capital- related reserves, debt reserves, and any other reserves of the utility. Evaluate the need for such reserves, the basis for minimum thresholds, and the financial and rate impacts for establishing any new or revised reserves. Evaluate debt management policies, and policies regarding capital improvement and capital reinvestment (e.g., repair /replacement)funding 2.2 Review current exemption and/or credit policies and evaluate potential changes as ' warranted.A policy issue paper will be crafted in support of the policy evaluation 2.3 After review and discussion with City staff, integrate recommended policies into the 1 technical analyses. Task 3: Capital Financial Planning Analysis 3.1 Develop a spreadsheet-based analysis to analyze the ability of the City to fund the capital needs identified in the DMP. Capital projects benefiting specific basins will need to be identified by City staff. Consider funding sources from current revenue streams (e.g., rates, connection charges, and dedicated cash reserves) and potential revenue 1 streams that are consistent with City policy and preference (e.g , increased rates and charges as warranted, debt financing, acquisition of special grants or loans, assessments, or special funding structures). Working from the capital projects list, incorporate annual ' 1 97 Scope of Services Storm and Surface water Rate Study capital projects and associated costs for a six to ten-year study period. Forecast future , costs using inflationary factors. 3.2 Compare forecasted improvements against forecasted funding sources available, as derived from current rate and charge levels, cash reserves, and other identified sources for funding capital projects. Develop a capital funding strategy based on different approaches to funding capital needs, including alternative levels of annual cash contributions from rates, use of cash reserves, appropriate and/or necessary levels of debt financing, resources from new development, etc. (The budget provides for up to two(2) alternative capital funding scenarios). Task 4: Revenue Requirement Forecast , 4.1 Prepare a spreadsheet-based financial planning module to forecast and analyze the financial performance of the utility over the study period.The chief output of this task is a "revenue requirement" that defines the full-cost need from the City's user rates, after , other revenue sources have been accounted for in meeting the financial obligations of the utility. 4.2 Integrate cash and coverage requirements from recommended fiscal policies (Task 2) and capital financing strategies (Task 3). Forecast annual operating expenditures and revenues for the study period. Budget estimates will be used as a baseline for projecting future costs and revenues. Model impacts resulting from any operational cost additions or savings caused by capital projects, known or anticipated changes to meet regulatory requirements, as well as impacts of any new or enhanced program initiatives. Any operational costs/savings attributable to specific basins will need to be identified by City staff. 4.3 Compare annual financial needs against available rate and miscellaneous operating revenues, identifying any projected shortfalls over the forecast period. Calculate annual and overall adjustments needed in rate levels to recover the full cost of service over the study period. 4.4 Develop rate revenue strategies that meet financial obligations over the near-and long- term planning horizon and provide smooth impact to utility customers,to the extent practical. (The budget provides for up to three (3) revenue requirement scenarios). 4.5 Prepare materials and meet with City staff to review and evaluate key results and select ' the preferred revenue requirement scenario. 4.6 Incorporate changes as necessary and finalize the revenue requirement analysis. Task 5: Cost of Service/ Rate Structure Evaluation 5.1 Assign and/or allocate capital and operating costs to"all customers"and "basin- , specific customers"as appropriate. 5.2 Distribute costs to customer classes: ■ Develop summary customer statistics (derived from the City's billing system,plus estimated future growth) by basin and customer class (e.g., number of accounts, parcel acreage, equivalent service units, impervious multiplier, etc); ' ■ Apply prevailing rates to the customer data set to determine whether the historical information serves as a valid basis for calculating rates that will generate the correct 2 Exhibit A 98 Scope of Services Storm and Surface Water Rate Steady ' amount of revenue. Depending on the initial outcome,this could include follow up with City staff to determine potential reasons for any significant discrepancies; ■ Distribute costs to basins/ customer classes; and j ■ Derive basin/class of service unit costs. 5.3 Develop alternative rate structures: ■ Review and analyze the current storm and surface water rate structure. Recommend rate modifications reflective of cost-of-service findings and policy objectives of the City, to include continuation of basin-specific rates and consideration of a blended rate applicable to all service areas (basins). (The budget provides for up to three (3) alternative rate structures for review with utility management); • Evaluate and demonstrate the ability of the resulting rates to generate the projected and required revenues by testing rates against composite system customer demands; ■ Prepare sample bills for each basin/ class of service comparing existing rates and I • proposed rate impacts; ■ Prepare a typical bill comparison for the residential class including a survey of up to five(5) neighboring communities and the City's existing and proposed rates. 5.4 Prepare materials and meet with City staff to review and evaluate key results and select the preferred rate structure. 5.5 Incorporate changes as necessary and finalize rate design. Task 6: Capital Connection Charges 6.1 Review and evaluate the current connection charge methodology and structure. Recommend alternatives as warranted. This will include evaluation of basin specific and blended connection charges. 6.2 Based on the results of Subtask 6.1 above, update capital connection charges for the utility.The recommended methodology is likely to incorporate current and planned system investment and system capacity: ■ Determine the existing cost basis to be incorporated into the charges. This includes review and evaluation of existing plant-in-service, contributed assets, interest accumulation, and other adjustments; ' ■ Determine the future cost basis to be incorporated into the charges.This includes review and evaluation of the storm drainage CIP(as identified in the DMP) and apportioning capital needs to existing customers and to future customers; ■ Determine system capacity that the existing and future planned system infrastructure can serve; and ■ Calculate the maximum allowable capital connection charge per customer equivalent and develop a schedule of storm and surface water connection charges. 6.3 Prepare materials and meet with City staff to review and evaluate key results; and ' 6.4 Incorporate changes as necessary and finalize connection charges. 3 txhitsst R 99 Scope of Services ' Storm and Surface Water Rate Study Task 7: Presentations 7.1 Meet with the City's "Advisory Group"established for this study in up to five(5) meetings during key points of the study to review initial findings and receive input. 7.2 Meet with City staff to review final recommendations and summary materials for use in City Council/public presentations. 7.3 Attend up to three (3) City Council/ public meetings to present study results. Task 8: Documentation 8.1 Develop a draft policy oriented report for City staff review that focuses on findings, conclusions, and implementation methods and issues related to the recommended rates. , 8.2 Incorporate City staff comments as appropriate and deliver a final report in hard copy and electronic(pdf)format. Electronic versions of the spreadsheet models will be submitted in Excel format. Deliverables: Task 1: Data Request to City Staff Task 2: Policy Paper Task 3:Analyze up to 2 alternative capital funding scenarios Task 4: Provide up to 3 revenue requirements alternatives Task 5: Provide up to 3 alternatives for Rate Structure Task 6: Recommend changes to current connection charges Task 8: Final Report 4 Exhibit i3 100 Fee Schedule Storm and Surface Water Rate Study 1 Consultant Hours Managing Total Pnnupal Analyst Admm Estiarnted Labor Task Ghtlarducu Do an support Hourti Budget Hourly Belling Rates $175 $130 $60 Task 1 -Data Collection/Validation[I mtg] 8 24 32 $4,520 Task 2-Fiscal Policy Evaluation 4 8 12 $1,740 Task 3-Capital Financial Planning Analysts 2 12 14 $1,910 Task 4-Revenue Requirement Analysis[I mtg] 10 30 40 $5,650 Task 5-Cost of Service/Rate Structure Evaluation[I mtg] 10 34 44 $6,170 1 Task 6-Capital Connection Charges[1 mtg] 10 30 40 $5,650 Task 7-Presentations[9 mtgs] 54 34 18 106 $14,950 Task 8-Documentation 8 32 8 48 $6,040 Total 106 204 26 336 $46 630 Exhibit C Schedule A tentative schedule by task is shown below, providing for study completion by June 30, 2008. Task 1 — December 2007—January 2oo8 Task 2- January 2oo8 — February 2008 Task 3 —January 2008-March 2008 Task 4— February 2008 — March 2008 Task 5 — February 2008-April 20o8 Task 6 — March 20o8- April 2008 Task 7—January 2oo8 — May 20o8 Task 8—January 2008 —June 2008 5 101 EXHIBIT D INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below• 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage 2. Commercial General Liability insurance shall be written on ISO occurrence Form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less Than $1,000,000 each occurrence, $2,000,000 general aggregate and a S 1,000,000 products-completed operations aggregate limit. i 102 1 EXHIBIT D (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves I the right to receive a certified copy of all required insurance policies The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers ' Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN IL E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work F. Subcontractors ' Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Kent City Council Meeting Date November 20, 2007 1 Category Consent Calendar 1. SUBJECT: PURCHASE OF APPARATUS HOISTS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the purchase of four (4) Stertil-Koni model ST1072 hoists, and authorize the Mayor to sign all necessary documents. By purchasing the same hoists, the new hoists can be used in conjunction with the existing hoists and the hoists will all operate the same, which is a safety precaution for our mechanics. The Kent Fire Department's Vehicle Maintenance Division has determined that it is necessary to purchase (4) four additional mobile hoists in order to complete the current preventative maintenance workload. This includes the need to complete emergency repairs in a timely fashion and the ability to lift multiple apparatus at once. In order to lift our current ladder truck, eight (8) of the lifts must be used at one time. This significantly impacts the timeliness of repairs and preventative maintenance on other apparatus. 3. EXHIBITS: Quote by vendor and single vendor authorization 4. RECOMMENDED BY: Staff and Public Safety Committee 11/13/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $34,000 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 IItem No. 6N FIRE DEPARTMENT Jim Schneider, Fire Chief 1 Phone: 253-856-4300 K E N T Fax: 253-856-6300 WASHINGTON Address: 24611 116`h Ave. SE Kent, WA. 98030-4939 October 3, 2007 To: Mayor Suzette Cooke Through: John Hodgson, Interim Chief Administrative Officer From. Jim Schneider, Fire Chief Regarding: Single Vendor Authorization— Stertil Koni Mobile Column Lifts The City's Fire Department is requesting a waiver, pursuant to the City of Kent's Administrative Policy 1.1, Procurement Policy, section 1.1.413 as negotiation with a particular supplier is appropriate due to the specialized needs of the Fire Department. I The Kent Fire Department's Vehicle Maintenance Division replaced the in-ground apparatus hoist system by purchasing mobile column lifts. Currently we have 12 mobile column lifts but it has become necessary to purchase four(4) additional mobile column lifts due to the current preventative maintenance workload, the need to complete emergency repairs in a timely fashion, and the ability to lift multiple apparatus at once. An example is in order to lift our current ladder truck, eight(8) of the mobile column lifts must be used. This significantly impacts the timeliness of repairs and preventative maintenance on other apparatus Additionally, by purchasing the same mobile column lifts, the new mobile column lifts can be used in conjunction with the existing mobile column lifts and all the mobile column lifts will operate the same, which is a 1 safety precaution for our mechanics. By this memo, the Fire Department requests that you determine obtaining three (3) written bids as required by the City of Kent's Administrative Policy 1.1, Procurement Policy, section 1.1.413 is not in the best interest of the City and that you authorize the Fire Department to enter into direct negotiations with Talon Industries for the purchase of four (4) mobile column lifts. In the event the Fire Department successfully negotiates a purchase contract with Talon Industries, the contract will be brought before the Public Safety Committee and the City Council for approval. If you approve of the Fire Department's request for a waiver of the City's procurement policies, ' please note your approval by signing below. Thank you. i oke, Mayor Da e I k "�""/Ai,LONINDUSTRI� T INGti tNC?U5T;;IALEDUIPM (5C)31 246-8036 P.O BOX 230021 1-S00-246-8838 PORTLAND, OR 57281 Fax [503) 246-7147 .Duly 9,2007 Y cltyW Kent Fire and Life Safety 20676 72ad Avenue South Vent, Washington 48032 Atm.Tom Arnson Subject: Stertil Koni H;?e; ` Duty Mobi l! , �ti ,„�'_ � Dear Tom; R ,yam h to note our Stern} i "-a�°1�uty Mobile Lifts as Per your request, we� ?l follows. M 't ' OOa r column and 72.0001hs I set of 4 STI082-2F5F mobil s 1��• o�n nt lifts and can be used in capacity per set of 4.These units ? a yak, ,w conjunction with any or all of the r� cost 5. 0,8St1.Q0 up at your shop.Pricing does not .'Units are quoted FOB your location And in t include Washington State Sales Tax Talon lnc ustzies and our St Kow Tom,thank you for your continued interest in not hesitate to contact contact me products. Should you rcquire further information, Please do stt 900-246-8838 or email tulonindustr�esrii iot.ncas ct�t• 41 ry Feakes TA on Industries Inc. ,s '" f�UAt-1`r'�iCOMM1TM6N'�' �ERVEC� Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: NEW CONNECTIONS OF SOUTH KING COUNTY CONSULTANT SERVICES AGREEMENT, AMENDMENT NO. 5 - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment No. 5 to extend the New Connections Consultant Services Agreement with the Kent Corrections Facility through December 31, 2008. New Connections will continue to provide Life Skills Workshops as part of the Department of Education, Fund for the Improvement of Post Secondary Education Opening Doors Project. The contract extension is in the amount of $12,000. Approved as to form by the Law Department. 1 1 i 3. EXHIBITS: Amendment No. 5, New Connections Consultant Services Agreement 4. RECOMMENDED BY: Public Safety Committee 11/13/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A — Currently in the Budget? Yes X No If no: 1 Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: 1 ACTION: Council Agenda Item No. 60 KENT Wqg HINGTON AMENDMENT NO. 5 NAME OF CONSULTANT OR VENDOR: New Connections of South King County CONTRACT NAME & PROJECT NUMBER Consultant Services Agreement-Offender Education Program ORIGINAL AGREEMENT DATE: December 27, 2004 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends Ithe original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows- In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue to provide Life Skills Workshops for offenders supervised by the 1 City of Kent Corrections Facility and linkage to resources for offenders upon their release from jail in accordance with the Agreement for the extended period provided within Section 11, "Time of Completion" below. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows. Original Contract Sum, $11,760 including applicable WSST I Net Change by Previous Amendments $23,838 including applicable WSST Current Contract Amount $35,598 Iincluding all previous amendments Current Amendment Sum $129000 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $47,598 Original Time for Completion September 30, 2005 (insert date) ' Revised Time for Completion under December 31, 2007 prior Amendments (insert date) ' Add'l Days Required (t) for this Amendment 365 calendar days Revised Time for Completion December 31, 2008 (insert date) AMENDMENT- 1 OF 2 3. The parties have entered into four (4) prior Change Orders dated September 26, 2005; November 9, 2005, December 7, 2006, and February 27, 2007 After entering into the February 27, 2007, Change Order, the City revised its contracting forms, which included changing the title of the amending document used for changes to an underlying Consultant Services Agreement Therefore, this Amendment No. 5 immediately follows Change Order No. 4, dated February 27, 2007 4. In accordance with Section VII of the Agreement, the Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. 5. All acts consistent with the authonty of the Agreement, previous Amendments (if any), and this ' Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. 6. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By- By: (signature) (signature) Print Name Print Name: Its Its (Title) (Title) DATE: DATE: APPROVED AS TO FORM: (applicable if amendment requires mayor's signature) Kent Law Department ' AMENDMENT-2 OF 2 Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: ORDINANCE REVISING PARKING PROHIBITIONS - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. , which amends ' section 9.38.020 of the Kent City Code to revise the parking prohibition to a portion of 27th Place South. ' On September 18, 2007, the City Council adopted Ordinance No. 3859 which was intended to add a parking prohibition to a portion of 27th Place South. However, the ordinance which was passed by council referred to 27th Street South instead of 27th Place South, and South 259th Street instead of South 259th Place. This proposed ordinance corrects the street names. 1 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety Committee 11/13/07 (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 1 DISCUSSION: ACTION: ( Council Agenda Item No. 6P ' ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending section 9.38 020 of the Kent City Code, entitled "No parking zones," to revise the parking prohibition to a portion of 27th Place South. RECITALS LA. On September 18, 2007, the Kent City Council adopted Ordinance No. 3859, which intended to establish a parking prohibition on a portion of 27th Place South. ' B. After Ordinance No. 3859 was adopted, City staff discovered the ordinance contained a few inconsistencies as to proper street names. This ordinance corrects those inconsistencies. ORDINANCE NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Amendment. Section 9.38.020 of the Kent City Code, entitled "No parking zones," is amended as follows: Sec. 9.38.020. No parking zones. At such time as the traffic engineer tshall place the appropriate sign or signs, it shall be illegal to park any motor vehicle or other vehicle, as those terms are defined in Chapter 46.04 RCW, at any ' 1 Revise No Parking Zone - Portion of 27`h Place South time upon and on either side of, unless otherwise indicated, the following roadways or portions thereof: 1. 1st Avenue North: from the intersection of West James Street to the north end of 1st Avenue North, east side only. 2. 1st Avenue North: from West James Street to West Smith Street. 3. 2nd Avenue North: from West Smith Street to West Harrison Street. 4. 2nd Avenue North: from South 228th Street to south end of street. 5. 4th Avenue North and South: from SR 516/West Willis Street to South 228th Street. 6. 5th Avenue North: from West James Street to north end of 5th Avenue North. 7. 6th Avenue North: from South 228th Street to south end of street. 8. 6th Avenue South: from West Meeker Street to West Gowe Street. 9. 26th Avenue South: both sides from South 272nd Street to five hundred (500) feet north of South 272nd Street and on 26th Avenue South from South 272nd Street to end of 26th Avenue South, east side only. 10. 27th Avenue South: from South 240th Street to end of 27th Avenue South. 11. 27th Place Awe-South: from South 259`h Place Street north to South 256`h Street. 12. 28th Avenue South: from South 240th Street to end of 28th Avenue South. 13. 30th Avenue South: from South 240th Street to Kent-Des Moines Road (SR 516). 14. 36th Place South: from South 272nd Street to 35th Lane South. 15. 42nd Avenue South: from Reith Road to South 260th Street. 16. 54th Avenue South: from South 228th Street to South 226th Street. 17. 58th Place South: from Russell Road to South 194th Street. , 18. 58th Place South: from South 226th Street to south end of 58th Place South. 19. 62nd Avenue South: from South 190th Street to South 196th Street. 20. 64th Avenue South. from south end of road to South 212th Street. 2 Revise No Parking Zone - Portion of 27`h Place South , 21. 66th Avenue South: from South 196th Street to South 190th Street. ' 22. 72nd/70th Avenue South: from South 228th Street to South 180th Street (43rd Avenue South). 23. 74th Avenue South: from South 259th Street to West Willis Street (SR 516). 24. 76th Avenue South: from South 228th Street to South 212th Street. 25. 77th Avenue South: from South 212th Street to north end of road. 26. 80th Avenue South- from South 180th Street (43rd Avenue South) to South 196th Street, and 80th Avenue South from South 200th Street to South 208th Street. 27. 80th Place South: from 80th Avenue South to 84th Avenue South. 28. 81st Avenue South: from South 200th Street to South 196th Street. 29. 83rd Avenue South: from South 228th Street to South 224th Street. 30. 84th Avenue South/East Valley Highway/Central Avenue North/Central Avenue South: from South 180th Street (43rd Avenue South) to the Green ' River Bridge. 31. 88th Avenue South: from East James Street to South 218th Street. ' 32. 94th Avenue South: from Canyon Drive to South 240th Street. 33. 97th Place South: from Canyon Drive to 100th Avenue Southeast. 34. 100th Avenue Southeast: from Southeast 248th to the north city limits. ' 35. 101st Avenue Southeast: from Southeast 256th Street (SR 516) to Southeast 260th Street. I 36. 102nd Avenue Southeast: from Southeast 240th Street to the north end of 102nd Avenue Southeast. 37. 104th Avenue Southeast (SR 515): from Southeast 272nd Street to north ' city limits. 38. 108th Avenue Southeast: from Southeast 281st Street to Kent-Kangley Road (SR 516). 39. 108th Avenue Southeast: from Southeast 244th Street to Southeast 236th Place. ' 3 Revise No Parking Zone - Portion of 27`h Place South 40. 109th Avenue Southeast: from Southeast 256th Street to Southeast 248th Street. 41. 112th Avenue Southeast: from south end of 112th Avenue Southeast to t Southeast 232nd Street. 42. 114th Avenue Southeast: from Kent-Kangley Road to south end of street. 43. 116th Avenue Southeast: from Southeast 227th Place to Southeast 274th Way. 44. 117th Avenue Southeast: from Southeast 244th Street to end of street. 45. 118th Court Southeast: from Southeast 244th Street to end of street. ' 46. 119th Court Southeast: from Southeast 244th Street to end of street. ' 47. 119th Way/120th Place Southeast: from Southeast 244th Street to Southeast 244th Street. 48. 120th Avenue Southeast: from the gate on Southeast 268th Street to Southeast 270th Street, north and east sides only. 49. 124th Avenue Southeast: from Southeast 248th Street to Southeast 282nd Street. 50. 132nd Avenue Southeast: from Southeast 236th Street to Southeast 288th r Street. 51. 140th Avenue Southeast: from Southeast 256th Street to Southeast 260th , Street. 52. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to Southeast , 288th Street. 53. 148th Avenue Southeast: from Southeast 256th Street to Southeast 240th Street. 54. 148th Avenue Southeast/152nd Way Southeast: from North City Boat Ramp to Kent-Kangley Road (SR 516). 55. 152nd Avenue Southeast/152nd Way Southeast: from Kent-Kangley Road (SR 516) to SR 18. , 56. Alder Lane/South 262nd Street: from Central Avenue South to 500 feet east of Central Avenue South. 57. Cambridge Way: two hundred (200) feet south of South 262nd Street, west side only. 58. East Canyon Drive: from Hazel Avenue North to 101st Avenue Southeast. 4 Revise No Parking Zone - Portion of 27`h Place South 59. East Gowe Street/West Gowe Street: from Railroad Avenue South to 1st ' Avenue South. 60. East Gowe Street: from Railroad Avenue South to Central Avenue South, ' south side only, and from Central Avenue South to Kennebeck Avenue South. ' 61. East Harrison Street: from one hundred forty (140) feet west of 4th Avenue North to 4th Avenue North, south side only. 62. East Meeker Street/West Meeker Street: from Railroad Avenue South to 1st Avenue South 63. East Pioneer Street: from one hundred seventy (170) feet east of Central Avenue to State Avenue, south side only, and from Central Avenue South to two hundred (200) feet east of Central Avenue, north side only. 64. East Pioneer Street: from Railroad Avenue North to Central Avenue North. 65. East Titus Street: from 3rd Avenue South to 4th Avenue South, north side only, police vehicle parking only. I66. East Titus Street: from West Gowe Street to Reiten Road South, southeast side only. 67. East Titus Street/West Titus Street. from Railroad Avenue South to 1st Avenue South. 68. East Titus Street: from East Smith Street to Reiten Road South. 69. Frager Road South: from West Meeker Street to South 204th Street. 70. Interurban Trail Street: from Meeker Street to Smith Street. ' 71. Kennebeck Avenue South: from East Smith Street to East Ward Street. 72. Lake Fenwick Road: from South Reith Road to South 272nd Street. 73. Lakeside Boulevard East: from South 240th Street to South 228th Street. 74. Lakeside Boulevard West: from Lakeside Boulevard East to South 228th Street. 75. Landing Way: from 64th Avenue South to West Valley Highway. 76. Lincoln Avenue North- from West Meeker Street to West James Street. 77. Maple Street South: from Woodland Way South to Garfield Avenue South, south side only. 5 Revise No Parking Zone - Portion of 27m Place South 78. Military Road South/36th Avenue South/Military Road South: from South 228th Street to South 272nd Street. 79. Novak Lane: from Central Avenue to west end of street. t 80. Ramsay Way: from 4th Avenue North to two hundred thirty (230) feet east , of 4th Avenue North. 81. Ramsay Way: from three hundred fifty (350) feet east of 4th Avenue North to four hundred forty (440) feet east of 4th Avenue North, south side only. 82. Ramsay Way: from three hundred fifty (350) feet east of 4th Avenue North to four hundred eighty (480) feet east of 4th Avenue North, north side ' only. 83. Ramsay Way: from five hundred twenty (520) feet east of 4th Avenue , North to one hundred fifty (150) feet north of West Temperance Street. 84. Ramsay Way: from West Temperance Street to West Smith Street. 85. Riverview Boulevard: from South 216th Street to South 232nd Street. 86. Russell Road South: from end of street at Green River Trail to West James Street. 87. Russell Road South: from South 228th Street to South 212th Street. , 88. South 188th Street: from West Valley Highway (SR 181) to 72nd Avenue South, and South 188th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. , 89. South 190th Street: from West Valley Highway to 72nd Avenue South, and South 190th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. 90. South 192nd Street: from the west end of the road to 84th Avenue South. 91. South 194th Street: from 58th Place South to 66th Avenue South. 92. South 194th Street: from 84th Avenue South to west end of street at BNSF Railway Company tracks. 93. South 196th Street/Russell Road/South 200th Street: from SR 167 to Orillia Road. 94. South 200th Street: from 80th Avenue South to 84th Avenue South. 95. South 202nd Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 6 Revise No Parking Zone - Portion of 27`h Place South i 96. South 204th Street: from West Valley Highway (SR 181 ) to 72nd Avenue South. 97. South 206th Street: from 72nd Avenue South to 77th Avenue South. ' 98. South 208th Street- from 80th Avenue South to west end of street at BNSF Railway Company tracks. 99. South 208th Street: from 84th Avenue South to 96th Avenue South. 100. South 212th Street: from west city limits to east city limits. 101. South 216th Street: from 64th Avenue South to 72nd Avenue South. 102. South 216th Street: from 84th Avenue South to the west end at BNSF Railway Company tracks. 103. South 218th Street: from 84th Avenue South to SR 167. 104. South 220th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 1 105. South 222nd Street: from west end at BNSF Railway Company tracks to SR 167. 106. South 224th Street: from 83rd Avenue South to east end of road. 107. South 226th Street: from 54th Avenue South to 64th Avenue South. ' 108. South 228th Street: from Russell Road South to 83rd Avenue South. 109. South 231st Way: from Military Road South to Russell Road South. 110. South 234th Street: from West Valley Highway to east end of street. I111. South 236th Street: from Lakeside Boulevard East to 64th Avenue South. 112. South 240th Street: from 27th Avenue South to I-5. 113. South 252nd Street: from Canyon Drive (SR 516) to east end of road. 114. South 256`h Street: from 27`h Place South east to the traffic control gate. 115. South 259th Street: from 74th Avenue South to east city limits. 116. South 260th Street/South 259th Place South/Reath Road South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR 516). 117. South 268th Street: from Military Road South to Princeton Avenue South. ' 7 Revise No Parking Zone - Portion of 27th Place South 118. South 272nd Street: from Lake Fenwick Road South to 42nd Avenue South, north side only. 119. South 277th Street and Southeast 274th Way: from Auburn Way North to ' 116th Avenue Southeast. 120. South Central Place: from South 266th Street to the end of South Central , Place. 121. Southeast 236th Street: from 104th Avenue Southeast (SR 515) to 108th Avenue Southeast, south side only. 122. Southeast 239th Street: from 102nd Avenue Southeast to 104th Avenue Southeast. 123. Southeast 244th Street: from 120th Avenue Southeast to 116th Avenue ' Southeast. 124. Southeast 248th Street: in front of George Daniels Elementary School. 125. Southeast 256th Street: from 101st Avenue Southeast to 148th Avenue ' Southeast. 126. Southeast 260th Street: from 100th Avenue Southeast/97th Place South to i 108th Avenue Southeast. 127. Southeast 264th Street: from 124th Avenue Southeast to 127th Avenue Southeast, north side only. 128. Southeast 267th Street: from 102nd Avenue Southeast to 104th Avenue ' Southeast, north side only. 129. SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR 516) to ' South 272nd Street. 130. West Cloudy Street: from 4th Avenue North to 5th Avenue North. ' 131. West Gowe Street: from 6th Avenue South to 300 feet east of 6th Avenue South. 132. West Harrison Street: two hundred (200) feet west of 2nd Avenue North to , 2nd Avenue North, north side only. 133. West Harrison Street: from one hundred seventy (170) feet east of 4th , Avenue North to 4th Avenue North. 134. West James Street/East James Street/South 240th Street/Southeast 240th ' Street- from Russell Road to 148th Avenue Southeast. 135. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th Avenue ' South. 8 Revise No Parking Zone - Portion of 27`h Place South 136. West Saar Street: from west end of street to 4th Avenue South, south side only. 137. West Sam Street: from West Valley Highway (SR 181/Washington Avenue) to end of street. 138. West Smith Street/East Smith Street: from 64th Avenue South to Jason Avenue South. 139. West Temperance Street- from Ramsay Way to 1st Avenue North. ' 140. West Valley Highway South/Washington Avenue South/Washington Avenue North/68th Avenue South: from south city limits to north city limits 141. West Willis Street/East Willis Street: from 4th Avenue South to Central Avenue South. ' 142. Woodland Way South: from East Maple Street to the driveway of Scenic Hill School. SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such 1 decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. ' SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 9 Revise No Parking Zone - Portion of 27�h Place South PASSED: day of November, 2007. APPROVED: day of November, 2007. , PUBLISHED: day of November, 2007. ' I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the , city of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\Gv,l\OrO�nance WaParking2ane2)NPIS drc 10 Revise No Parking Zone - Portion of 27`h Place South ' Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: KING COUNTY HOUSING AUTHORITY CONTRACT FOR SERVICES, ICHANGE ORDER - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign Change Order No. 1, which follows the signing of a Memorandum of Understanding in November 2005 between twelve agencies that agreed to a common goal of significantly reducing ' violent crime and narcotics activity in three federally-assisted housing communities in the Kent area: Springwood Apartments, Valli Kee Homes and Cascade Apartments. The complexes are staffed with a uniformed Police Officer 26 hours per week and a Community Education Specialist 20 hours per week. King County Housing Authority administers the grant funds to all of the agencies involved on a reimbursement basis. This contract extension is effective from April 1, 2007 through September 30, 2008. 3. EXHIBITS: King County Housing Authority Change Order No. 1 4. RECOMMENDED BY: Public Safety Committee 11/13/07 ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? Y Revenue? Y Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund N00206 Amount $237,620.00 Unbudgeted Revenue: Fund N00206 Amount $237,620.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: ' Council Agenda Item No. 6Q .� Change KING COUNTY HOUSING AUTHORITY � Order DEPARTMENT: Resident Services CHANGE ORDER PROJECT: NUMBER : 1 ' Provision of Community Policing Services at Springwood CHANGE ORDER DATE 10/08/07 Apartments and Valli Kee as part of the Department of PROJECT NUMBER Justice Grant. CONTRACT NUMBER ; 625-2003-07 ' CHANGE ORDER INITIATED BY: COMPANY/NON-PROFIT: KCHA ; ' Kent Police Department, City of Kent ARCHITECT ;0 COMPANY/NON-PROFIT FIELD •0 ' CODE ;= OTHER ;0 THE CONTRACT IS CHANGED AS FOLLOWS: Extend contract for 18 additional months, April 1, 2007 to September 30, 2008 ' CHANGE ORDER TOTAL S 2379620.00 1. The Original Contract Sum was $ 104,120.00 2• The Net Change by previously authorized Change Orders $ 0.00 3• The Contract Sum prior to this Change Order was $ 104,120.00 ' 4• The Contract Sum will be Increased by this Change Order in the amount of $ 237,620.00 5. The New Contract Sum including this Change Order will be $ 3419740.00 6. The Contract will be Increased by 18 months ( 548 ) days 7. The Date of Substantial Completion as of the date of this Change Order therefore is, September 30, 2008 ' THIS CHANGE ORDER IS SUBJECT TO THE CONDITIONS HEREIN SET FORTH AS FOLLOWS: A. The work, as modified by this Change Order, remains subject to all contract provisions. B. This Change Order settles all Company/Non-Profit claims related to the work described herein. NOT VALID UNTIL SIGNED BY KCHA(AND THE ARCHITECT,IF APPLICABLE) Signature of the Company/Non-Profit indicates their agreement herewith, including any adjustment in the Contract Sum or Contract Time. ' City of Kent,Kent Police Dept. KING COUNTY HOUSING AUTHORITY ARCHITECT COMPANY/NOS!-PROFIT OWNER ' 220 Fourth Avenue South 600 ANDOVER PARK WEST ADDRESS ADDRESS ADDRESS Kent,WA 98032 TUKWILA, 8188-3326 BY. BY: BY. Suzette Cooke,Mayor Stephen J. orman,Executive Director ' DATE: DATE DATE KCHA 2302 Rev 05/04 EXHIBIT A- SCOPE OF WORK ' KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE ' Contract#: LS-06-004-25 OVERVIEW OF CONTRACT: Contract Period: April 1,2007—September 30, 2008 Funding Source(s): DONHUD PHSI ' Total Contract Value: $237,620.00 Provision of Services: The Kent Police Department will provide services that include community policing, ' patrol, reporting and participation in on-site youth programming at Valli Kee and Sprmgwood Apartments. In performing such services,the Agency shall at all times comply with all Federal, State and local statutes, rules and , ordinances applicable to the performance of such services and the handling of any funds used in connection herewith KCHA may, subject to the provisions contained in Section 8, Default and Termination, by written notice of default to the Agency, terminate this Contract for (a) acts by the Agency outside of the scope of ' described services or(b) failure to perform any of the services or reporting activities specified in this Contract. GOAL OF WORK TO BE PERFORMED BY AGENCY: , By providing the services outline below over the contract period,the Agency will reduce crime and enhance safety at Valli Kee and Sprmgwood Apartments To be measured by: Goal 1:Achieve a 15-20%reduction in Part 1 and Part 2 crimes using 2005 as a base year. ' 2005 Baseline S rm wood Apartments: Part 1 Crimes 125 incidents Part 2 Crimes 45 incidents ' Valli Kee Apartments Part 1 Crimes 12 incidents , Part 2 Crimes 11 mordents *Waiting on new Kent PD technology staff person to supply mfortiiation to retrieve accurate stats for 2006 Goal 2: Improve residents' perception of safety by 10%as measured by a resident survey. ' Baseline survey established October 2006 Mid survey baseline to be completed Fall 2007 End survey to be completed by September 30, 2008 King County Housing Authority and Kent Police Department Contract for Social Services—Public Housing Safety Initiative , Exhibit A—Scope of Work Page 1 of 4 EXHIBIT A - SCOPE OF WORK KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE ' SCOPE OF WORK TO BE PERFORMED BY AGENCY: The Agency shall provide community policing, patrol, reporting and participation in on-site youth programming ' including, but not limited to, the following. Description of Qualifications GOAA1 1: Aim to s�hieve a 15% 20% reductio in Part 1 and Part 2 crimes using 2005 as'aa1i rear Objective 1: Establish law enforcement presence 1. Track and report on Part 1 and . Gather data monthly Part 2 crimes • Report occurrences monthly 2. Operate/maintain a substation at . Regular substation hours are provided at Spnngwood/Valli Sprmgwood Apartments Kee for a minimum of 26 hours per week 3. Provide/conduct prevention and • Community Educabon Specialist on staff 20 hours per educational strategies for diverse week populations 4. Conduct bicycle patrols at each . Two(2) overtime emphasis bike patrols per week at each site to enhance foot patrols site. Objective 2: Create environment where crime is less likely to occur ' 1 Conduct an environmental . One (1) assessment of each property per year. assessment of both communities and improve outdoor li htmg 2. Analyze viability of security • April 2007 through September 2008 camera project at Sprmgwood and Valli Kee to provide a solution that will extend the benefit of the grant Objective 3: Improve communication with residents about police roles 1. Informally or at organized 2 Eighty (80)adult/youth resident contacts per month community meetings, establish conducted during storefront or patrol duties, forty(40) communication with adult Valli Kee and 40 Sprmgwood residents ' 3. Provide translated materials and • As needed translators to facilitate communication with residents including materials about the role of police ' King County Housing Authority and Kent Police Department Contact for Social Services—Public Housing Safely Initiative ' Exhibit A—Scope of Work Page 2 of 4 EXHIBIT A- SCOPE OF WORK , KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVEDescription of Services Levels of Services Quali I ications ' I #1 A 4iou`toi +k `ev-a 15ow, - ' (}A .fo redurrtiorivart 1'and'Part 2mimes using 2005':_ . _ I._-'.A'`,, a year, O ' 111{1e I >�;.ta'+."h;:.EM•e-':,�-r ,__ ii.:i � , �ii>cf� ��,,,e .,,raj ,:¢<".�.:`:>c;`ui��tii °'�z.. „ _-'" • Objective 4: Educate residents on crime reporting mechanisms and crime prevention 1 Provide educational meetings • Monthly meetings from April 2007 through September with residents to explain the use 2008 at both sites. of 911 • These 911 meetings are included each month with the monthly crime prevention meetings below 2. Provide a residential assessment . Conduct Twenty four(24), two per month assessments at , with recommendations for crime both Springwood and Valli Kee prevention actions • Assessments may be counted towards individual crime prevention education contacts ' • Objective 5: Establish positive rapport with youth 1. Participate in KYFS' Lighthouse • At least one police officer will attend approximately 52 Youth Program session a year for three 3)hours each ' 2. Via foot, bike or car patrols, . As needed engage youth in informal conversation ' • Objective 6: Work with federal law enforcement agencies 1. Participate in ATF and DEA • As scheduled training provided by Steering ' Committee 2. Coordinate with ATF and DEA if • As needed law enforcement action is , tanned or occurrrn m ,Kp, �� Ehires>! ;eirrierceptoty sa t► ingt ear, n_crime, 1�as �3r,r Objective 1: Survey resident on their erce tion of safety 1 Administer and analyze survey • Perform survey mid grant Fall 2007 • Perform final survey by August 1, 2008 , • Objective 2: Provide community education 1. Work with KCHA staff to • Ten(10)classes per year. organize educational crime . Provide translated crime prevention materials and arrange ' prevention, drug education&911 for translation services. King County Housing Authority and ' Kent Police Department Contract for Social Services-Public Housing Safety Initiative Exhibit A-Scope of Work Page 3 of 4 EXHIBIT A- SCOPE OF WORK KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE Description ol'Scr%ices Levels of Services/- ualifications -GbAL � fiance tfe residents safety and their perception of safety by invotvingthem in crime- 4 reventht+ Iivities Continued - • Objective 3: Assist residents in a cessing Victims' Assistance Programs 1. Assist residents who have been . As needed victims of crimes in accessing the • Provide translation services if needed. Victims' Assistance Program at the state and local levels 2 Assist resident victims in learning • As needed. how to advocate on their own . Provide translation services if needed. behalf within state and local t systems • Objective 4: Establish access to community education information 1. Substation opened regularly for • Substation open two (2) days a week, two (2)hours per day residents to access information TMthey need _.CNF'#• 2. _ u <`Y 3-Qi 5D N.Y�111___.'c[ If rvi�.'.d�?'P`I`1 il v.l sY p�tl[II(a«d _e«.,..._ 1. Submit monthly sunmlary • Monthly reports and invoices with backup documentation quantitative and narrative data for expenditures submitted by the 10`h of each month 2 Provide additional reports and • As needed, if the release of information would not crime data as requested by compromise, damage or jeopardize an ongoing criminal Coalition Coordinator investigation and there is no immediate threat to life or safety of residents or staff 3. Provide weekly police activity • Weekly log to area property managers of S rm ood and Valli Kee !Vkff 1. Appropriate staff attend quarterly . Quarterly Law Enforcement Subcommittee meeting as coordinated by the US Attorneys Office 2. Appropriate staff attend monthly . Monthly ' service coordination meeting 3. Work with partners as new • As needed. opportunities develop from the PHSI Coalition's work King County Housing Authority and Kent Police Department Contract for Social Services—Public Housing Safety Initiative Exhibit A—Scope of Work Page 4 of 4 EXHIBIT B - PROJECT BUDGET KENT POLICE DEPARTMENT PUBLIC HOUSING SAFETY INITIATIVE TOTAL CONTRACT VALUE: $237,620 KPD PHSI Budget—April 1, 2007 to September 30,2008 Cost Description Total Agency Match Total ! PERSONNEL Personnel $ 118,07100 $ - $ 118,071.00 Overtime Hours-Lighthouse Participation $ 29,769 00 $ - $ 29,769 00 PERSONNEL SUBTOTAL $ 147,840.00 $ - $ 147,840.00 FRINGE BENEFITS Frtn a Benefits $ 25,989 00 $ - $ 25,989 00 ! FRINGE BENEFITS SUBTOTAL $ 25,989.00 $ - $ 25,989.00 EQUIPMENT Two bicycles and gear $ 2,30300 $ - $ 2,30300 Police Officer radios/maintenance $ 2,53600 $ $ 2,53600 EQUIPMENT SUBTOTAL $ 4,839.00 $ - $ 4,839.00 SUPPLIES Supplies for youth events $ 6,28200 $ - $ 6,28200 Office supplies $ 1,61900 $ - $ 1,61900 SUPPLIES SUBTOTAL $ 7,901.00 $ - $ 7,901.00 OTHER Vehicle Maintenance $ 10,000.00 $ - $ 10,000 00 Culturally specific materials $ 11,595.00 $ - $ 11,595 00 Translation services $ 25,924.00 $ - $ 25,924 00 Translated crime prevention materials $ 3,53200 $ - $ 3,532.00 OTHER SUBTOTAL S 51,051.00 $ - $ 51,051.00 PROGRAM TOTAL $ 237,620.00 $ - $ 237,620.00 ! King County Housing Authority and ! Kent Police L)cpartment Contract for Social Services-Public Housing Safety Initiative ! Exhibit B-Project Budget Page 1 of I Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION MEMORANDUM OF UNDERSTANDING - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Memorandum of Understanding. The Washington Traffic Safety Commission(WTSC) has notified the Kent Police Department that reimbursement can be provided for overtime for certified Drug Recognition Experts (DRE's) when they are working an emphasis patrol, a shift extension which was begun during regular duty time, overtime callout to perform a drug evaluation, or when a DRE is subpoenaed to testify in court as a result of any of the above. The beginning date of the Memorandum of Understanding is October 1, 2007 and the ending date is June 30, 2009. i 3. EXHIBITS: Letter from Washington State Patrol dated 9/7/07 and MOU between the Kent Police Department and the WTSC 4. RECOMMENDED BY: Public Safety Committee 11/13/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R a4 � CHRISTINE O.GREGOIRE JOHN R. BATISTE Governor Chief s ��'L 1B89 a�Y STATE OF WASHINGTON WASHINGTON STATE PATROL 8623 Armstrong Road SW • Olympia,Washington 98504-2626 • (360) 596-6062 • FAX(360) 596-6065 • www.wsp.wa.gov September 7, 2007 TO: Chiefs and Sheriffs of Drug Recognition Experts FROM: Lieutenant RobiNkReichert, Impaired Driving Section Washington State Patrol SUBJECT: Drug Recognition Expert Overtime Partnership Opportunity The Drug Evaluation and Classification (DEC) Program has once again received funding from the Washington Traffic Safety Commission (WTSC)to provide reimbursement for certified DRE's when they are working an emphasis patrol, shift extension when a drug evaluation was begun during regular duty time, overtime callout to perform a drug evaluation when there is no DRE on duty and when a DRE is subpoenaed to testify in court as a result of any of the above. Reimbursement can be at a maximum of time and a half the DRE's hourly rate. Reimbursement: Funding will be on a"reimbursement"basis and requires submission of a State of Washington Invoice Voucher(Form A194A) and supporting documents to include the DRE Request Form, drug evaluation when completed, and signed overtime slips or payroll/expense records showing payments made and officer activity logs demonstrating performance. The documents for reimbursement must also be submitted to the DEC Program office for review and approval. The DEC Program will then submit the signed off reimbursement documents to the WTSC for reimbursement. To qualify, overtime activity must be directly related to impaired driving enforcement and DRE calls for service. Types of activities that will not be allowed include training, DRE instructors assisting with observations of recertification evaluations,community awareness programs or events that should have been addressed through scheduling. Additionally, overtime without written justification will not be authorized in those cases where other on- duty DREs were available. Prior to denying any overtime, the DRE and/or the DRE's supervisor will be contacted for clarification. Copies of all forms are attached to this letter and are available from the DEC Program office.' Chiefs and Sheriffs of Drug Recognition Experts Page 2 September 7, 2007 Requirements for Particiaation: Agency— Sign and return the attached Memo of Understanding(MOU) between your agency and the WTSC to the attention of Elaine Hagseth,DEC Program, 8623 Armstrong Road SW, Olympia WA 98504. Please note that the MOU beginning date is October 1, 2007 and the ending date is June 30, 2009,which is the end of the legislative biennium. DRE -- Be a certified DRE in good standing. Conclusion: Each agency with a Drug Recognition Expert is being asked to participate and to share resources. The benefits of this program include a better use of state, county and city resources. By sharing resources, agencies will not need to call out DREs if one is available in your neighboring community or concurrent jurisdiction. Furthermore, this process allows for the collection of data to be used in assessing future staffing and training needs at both the state and local levels. Your agency personnel are not expected to contact WSP communications to request a DRE if your agency has a DRE available. This process is not designed to interfere with how you or your agency utilizes your DRE(s) on or off duty. It does provide a method for being reimbursed for the overtime accrued by your DRE, regardless of who benefits from their training. In exchange,your DRE is allowed to support other agencies' enforcement activities. Please give a copy of this entire packet to your fiscal office. All invoices with accompanying documents should be sent to the DRE Program at 8623 Armstrong Road SW, Olympia WA 98504-2626. Contact Information and Ouestions: Please contact Elaine Hagseth at(360) 596-6062 or by electronic mail at elaine.hagseth@wsp.wa.gov if you have any questions. Attachments: Memorandum of Understanding A19-IA Invoice Voucher DRE Request Form RSR:emh Enclosures MEMORANDUM OF UNDERSTANDING `i "SHINTGT-0ON-TRAFFIC—SA ET—YC-0MMISSION — 1000 S Cherry St,PO Box 40944,Olympia WA 98504-0944 THIS AGREEMENT is made aqd entered into by an between: (Agency Name) Hereinafter referred to as"Contractor"and the WASHINGTON TRAFFIC SAFETY COMMISSION, hereinafter referred to as"WTSC." IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies who have certified Drug Recognition Experts(DRE)to respond to radio calls when no other DRE is available on work duty,shift extension when completing a drug evaluation,to perform drug evaluations during emphasis patrols and to testify in court as a result of performing drug evaluations due to call outs, shift extensions and emphasis patrols between October 1,2007 and June 30,2009. IT IS,THEREFORE,MUTUALLY AGREED THAT: 1. Contractor will provide a certified DRE on an"overtime"basis(not to exceed 1.5 times normal salary)to perform drug evaluations as specified No other commissioned personnel will be funded. 2. The period of activity will begin on October 1,2007 and extend through June 30,2009. 3. Drug evaluation performance standards for certified and funded DREs must meet the standards of the International Association of Chiefs of Police. 4. Contractor must submit the billings and supporting documents to the Drug Evaluation Classification Program(DECP)at the address shown below for approval and reimbursement not more than 30 days after the last day of the month in which the overtime is worked. Billings will include: • Completed and signed invoice Voucher, A19-IA Form(attached). Please note that a fax cannot be accepted. Your agency must be identified as the"Claimant,"and Federal Tax ID# and an original signature of the agency head,command officer or contracting officer must be provided on the A19-1A form. a Payment document(overtime slips,payroll documents,etc.) • DRE Request Form showing all pertinent information 5. Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the WTSC,one representative from your agency and one representative from the DECP. The dispute panel shall thereafter decide the dispute with the majority prevailing. 6. Either party may terminate this agreement upon(30 days)written notice to the other party. In the Event of termination of this agreement,the terminating party shall be liable for the performance rendered prior to the effective date of termination. iIN WITNESS WHEREOF,PARTIES HAVE EXECUTED THIS AGREEMENT. APPROVED/DISAPPROVED �{ ge cy Date Washington Traffic Safety Commission Date 1�egut �C1lCE afhu ,6 t Return this signed form to: (Contracting Agent(pnnt/4-name) Attn: Elaine Hagseth DEC Program 8623 Armstrong Road SW Olympia WA 98504 IKent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: DEPARTMENT OF CORRECTIONS CONTRACT, AMENDMENT NO. 2 - AUTHORIZE 1� 2. SUMMARY STATEMENT: Authorize the Police Chief to sign Amendment No. 2 to the contract between the Department of Corrections and the Kent Police Department. The Kent Police Department provides a Department of Corrections (DOC) work area at the police station. The DOC agrees to provide software and digital key fob for the purpose of connecting to the DOC network via a Virtual Private Networking (VPN) session. The City of Kent's Information Technology department agrees to provide the network infrastructure and Internet connectivity that will allow DOC staff to establish VPN connections to the DOC network. 3. EXHIBITS: Department of Corrections, Amendment No. 2 4. RECOMMENDED BY: Public Safety Committee 11/13/07 (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes X No _ If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: Council Agenda Item No. 6S 1 ��sTnPE o�, State of Waishkinigt(ain 0 � Department of Corrections F x Contract No. C0007o94 1 y� Amendment No. 2 1889 ls0 This Amendment is made by the state of Washington, Department of Corrections, hereinafter referred to as Department, and the City of Kent Police Department, hereinafter referred to as Agency, for the purpose of amending the above-referenced Contract, heretofore entered into between the Department and Agency. WHEREAS the purpose of this contract amendment is to allow Department to install VPN connectivity; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the Department and Agency agree as follows: The following is added to Paragraph 2, Department Responsibilities: H. Obtain, install, and maintain VPN connectivity for use by the CCO (Attachment A). Additions to this text are shown by underline and deletions by ((strikeeut)). All other terms and conditions remain in full force and effect. The effective date of this amendment is upon full signature by both parties. THIS CONTRACT AMENDMENT, consisting of one (1) page and one (1) attachment, is executed by the persons signing below who warrant that they have the authority to execute the contract. CITY OF KENT POLICE DEPARTMENT DEPARTMENT OF CORRECTIONS (Signature) (Signature) Steve Strachan Gary Banning (Printed Name) (Printed Name) Chief of Police Contracts Administrator (Title) (Title) (Date) (Date) Approved as to Form: This contract amendment format was approved as to form by Tom Young,AAG,of the Office of the Attomey General,on April 14, 1998 Approval on file State of Washington C0007094(2) Page 1 of 3 Department of Corrections Attachment A VPN Connectivity Agreement PURPOSE The City of Kent[Agency]hosts a Department of Corrections', [Department], Community Corrections Officer (CCO) at their location. The specific locations are identified in the main contract, of which this is an addendum. The Agency has agreed to allow the CCO use of their network infrastructure and Internet connectivity for the purpose of connecting to the Department network via a Virtual Private Networking (VPN) session. This Addendum will outline agreed upon roles and responsibilities between the Department and the Agency, for the support of the described connectivity. PART I— DEPARTMENT RESPONSIBILITIES 1. The Department will supply the software client and digital key fob for Department staff to use in establishing their VPN connection to the Department network. The software, fob, and resultant VPN connection to the Department network will only be used by authorized Department staff using their Department owned and managed computing equipment. 2. The Department will ensure that the VPN software installed, on their owned computer, will not allow split tunneling. This means that Department staff will not be able to connect to the Agency resources on their network, such as printers, files, terminal services, desktop faxing, or the like. The sole purpose and use of the Agency infrastructure and its provision of Internet connectivity will be strictly for the connection of Department owned computers to the Department network, to access Department data and resources. PART II —AGENCY RESPONSIBILITIES 1. The Agency Information Technology department agrees to provide the network infrastructure and Internet connectivity that will allow the Department staff to establish a VPN connection to the Department network. 2. When there are scheduled Agency network outages, which may impact Department staff connectivity to the Department network, the Agency agrees to notify the Department staff as soon as they reasonably can. 3. The Agency Information Technology Director shall have the final authority to determine the schedule and services, to be provided by the Agency employees, to 1 carry out the Agency's responsibilities under this agreement. 4. The Agency staff will not use the Department VPN connection to gain access to Department data or resources. PART Ili—CHARGES FOR SERVICE (where applicable) IThe Agency will be compensated for the services provided herein, as follows: State of Washington C0007094(2) Page 1 of 2 Department of Corrections Attachment A 1. The Agency will be compensated at the rate of $25.00" per hour for any services performed by Agency staff, as required to support the Agency infrastructure in place for the Department's use in connecting its computing equipment to the Department network. The Agency will notify the Department of any billable work to be preformed by their staff prior to any work being done. The approval to proceed with requested work will be provided by the Departments' Community Corrections supervising Field Administrator. All work that impacts or alters the Department's owned computers connection to the Department network equipment will be accomplished in coordination with the Department's local Information Technology staff. 2. Any increases to these agreed upon charges must be made, in writing, to the Department at a minimum (30) days advance notice. Normally, increases in cost for the services provided by the Agency should be negotiated when the contract is reviewed. , `• This amount represents mid-range ITS4 hourly rate. r State of Washington COCO7094(2) Page 1 of 2 Department of Corrections Attachment A Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: STATE AND LOCAL HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA) TASK FORCE AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Police Chief to sign the State and Local High Intensity Drug Trafficking Areas (HIDTA) Task Force Agreement. The Kent Police Department will assign a narcotics detective to work with the HIDTA Task Force and the Drug Enforcement Agency (DEA). The agreement is from October 1, 2007, through September 30, 2008. 3. EXHIBITS: State and Local HIDTA Task Force Agreement 4. RECOMMENDED BY: Public Safety Committee 11/13/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A — Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6T STATE AND LOCAL HIDTA TASK FORCE AGREEMENT Northwest HIDTA Integrated DEA, State and Local Task Force This agreement is made this 1st day of October, 2007, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA") and the Kent Police Department (hereinafter "KPD"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Seattle metropolitan area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the Seattle metropolitan area and elsewhere, the parties hereto agree to the following: 1. The Seattle HIDTA Task Force Group will perform the activities and duties described below: a. disrupt the illicit drug trafficking in the Seattle metropolitan area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and C. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Washington. i2. To accomplish the objectives of the Seattle HIDTA Task Force Group, the KPD agrees to detail one (1) experienced officer to the Seattle HIDTA Task Force Group, for a period of not less than two (2) years. During this period of assignment, the KPD Officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The KPD Officer assigned to the Task Force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for disnussal from the Task Force. 4. The KPD Officer assigned to the Task Force shall be deputized as a Task Force Officer of the DEA pursuant to 21 USC Section 878. 5. To accomplish the objectives of the Seattle HIDTA Task Force Group, j DEA will assign two (2) Special Agents to the Task Force. DEA will also, subject to the availability of HIDTA's annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of DEA Special Agents 1 and the KPD Officer assigned to the Task Force. This support will include- office space, office supplies, travel funds, funds for purchase of evidence and information, investigative equipment, training, funds for overtime costs described below, and other support items. 6. During the period of assignment to the Seattle HIDTA Task Force Group, the KPD will remain responsible for establishing the salary and benefits, including overtime, of the KPD Officer assigned to the Task Force, and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the KPD for overtime payments made by it to the KPD Officer assigned to the Seattle HIDTA Task Force Group for overtime, up to a sum equivalent to 25% of the salary of a GS-12, step 1, Federal employee (currently$ 15,854.25 per officer). 7. In no event will the KPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The KPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by the DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The KPD shall permit and have readily available for examination and r auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The KPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The KPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discnmmation Act 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 CFR part 42, subparts C, F, G, H and I. 11. The KPD agrees that an authorized officer or employee will execute and , return to DEA the attached ON Form 4061/6, Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The KPD acknowledges that this agreement will not take effect and no HIDTA funds will be awarded to the KPD by DEA until the completed certification is received. 12. When using statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, the KPD shall clearly state: (1) the percentage of total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The KPD understands and agrees that HIDTA will provide the KPD Task ' Force Officer with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routing maintenance, i.e., oil changes, tubes and minor tune-ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Office Government Vehicles (OGV's)-HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the KPD personnel, in addition to whatever accident reporting requirements the KPD may have. 14. While on duty and acting on task force business, the KPD officer assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of the task force officer, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act, 28 U.S.C. 2401 (b) 2671-2680. 15. The term of this agreement shall be from the date of the signature by representatives of both parties to September 30, 2008. This agreement may be terminated by either party on 30 days advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by KPD during the term of this agreement. For the DRUG ENFORCEMENT ADMINISTRATION 1 Arnold R. Moorin Date Special Agent in Charge Seattle Field Division For the KENT POLICE DEPARTMENT Steve Strachan Date Chief of Police Kent Police Department 1 Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: YOUTH SERVICE AMERICA GRANT AWARD — ACCEPT 2. SUMMARY STATEMENT: Accept the Youth Service America grant in the amount of $2000 The Kent Police Department will act as a Lead Agency for Youth Service America and Global Youth Services Day on April 25-27, 2008. The grant is sponsored by State Farm Companies Foundation. Youth and adult volunteers will survey community members about needs in predetermined areas of Kent. Following the survey, the goal is to develop and implement a youth service learning project that will involve 600 youth and adult community members. 3. EXHIBITS: Youth Service America Memorandum of Understanding dated 10/17/07 4. RECOMMENDED BY: Public Safety Committee 11/13/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $2,000.00 Unbudgeted Revenue: Fund Amount $2,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: Council Agenda Item No. 6U Z f YOUTH SERVICE .JC..�,. MEMORANDUM OF UNDERSTANDING tYouth Service America City of Kent Police Department 11011P St.,NW Suite 200 220 4th Ave.S. Washington,DC 20005 Kent WA 98032 202-296-2992 Fax 202-296-4030 10/17/07 This serves as a contractual agreement between Youth Service America(YSA)and City of Kent Police Department the Lead Agency(LA),in providing each other resources in coordinating Global Youth Service Day 2008(GYSD) This shall reflect,when signed,a Memorandum of Understanding(MOU) being in effect until the completion and evaluation of the above named project GYSD is an international event to be held in many countries on April 25 to April 27 in the year 2008 YSA wishes to work with Lead Agency in coordinating all city,regional or state related activity,as defined below Stacy Judd shall serve as the central liaison between YSA and the Lead Agency's coalition byway of project planning support and information dissemination The LA will receive benefits as agreed by the representing,undersigned parties Karen L Daniel,Vice-President,Global Youth Service Day and,Stacy Judd,City of Kent Police Department. The representing parties will adopt the agreements in this MOU,as defined below It is noted that both consenting parties may make changes(in consultation with the other party)to this MOU and,in such case,an addendum to this agreement shall be written and signed 1 YSA agrees to provide the LA with a$2,000 planning grant sponsored by State Farm Companies Foundation to be used for staff compensation,supplies,coalition meetings,and other related project planning expenses, 2 YSA will provide program and press related support and resources through the GYSD Manager, 3 YSA agrees to provide the LA with a reasonable number of free printed materials including GYSD Toolkits,Tip Sheers,Service Learnmg Curriculum Guides,and posters, 4 YSA agrees to promote the LA in its national media campaign and provide media and public relations assistance, 5 YSA agrees to provide LA with press release templates,calendar release templates,PSA templates, and other additional media templates to assist in promotion of GYSD events, 6. YSA agrees that the LA and their affiliates(if properly identified)will receive priority when applying for additional grants administered by Youth Service America, 7 YSA agrees that w ww YSA org/Usd and SERVEnet orz will highlight Lead Agencies'GYSD 2008 service activities(100,000 visitors per month), 1 8 YSA agrees to give the LA SERVEneCs"Get Involved"box,a database of local volunteer opportumucs,to place on it's organizations Web site, 9. YSA agrees to support the LA's fundraising efforts for GYSD 2008,including letters of support and introductions to local branches of YSA's national sponsors, 10 YSA agrees to provide tools and resources for planning service-learning activities, 11. YSA agrees to connect LAs with other LAs around the country as peer advisors;and 12 YSA agrees to assist the LA in identifying and inviting local,state and elected officials to participate in LA GYSD events In return,the Lead Agency agrees to fulfill the following requirements,agreed upon by the undersigned parties. 1 LA agrees to organize a coalition(at least 10 organizations,including youth representatives),by conducting a comprehensive outreach effort to organizations(K-12 schools,universities, nonprofits,and others)resulting in an event that will engage at least 600 volunteers, 2. LA agrees to facilitate the coahtion's planning process for Global Youth Service Day 2008 in the LA's city,region or state to implement service activities on April 25.27,2008, 3 LA agrees to plan an opening and/or closing rally or celebration for volunteers on April 25-27, 2008,and invite members of the media,VIPs and local(mayor,city council members),state (governor,state legislators)and federal(US Representatives and Senators)government officials to participate in this event, 4 LA agrees to promote service-learning and educate coalition members about how to make their projects service-learning projects(assistance and tools to be provided by YSA), 5. LA agrees to select and provide YSA with a contact for the day-to-day liaison who will correspond with the GYSD Manager, 6. The LA agrees to provide YSA with contact information for a day-to-day liaison who will be responsible for coordinating local media outreach for GYSD,and serve as contact person for YSA's national media campaign(if contact is different from above)and will contact YSA if that contact person changes for any reason, 7. LA agrees to produce,disseminate and provide YSA with press releases and media advisories based on templates provided by YSA on the following schedule -Press release upon selection as Lead Agency -Press release one week out from GYSD -Media advisory 3 days out from GYSD 8. LA agrees to select a Global Youth Service Day youth spokesperson to represent their efforts and commitment to youth service in local media efforts in said city,region or state, 9. LA agrees to involve local,state or national government officials in GYSD activities to build political support for youth service, 10 LA agrees to post GYSD service projects developed by coalition to the GYSD website, www YSA oKg;nysd by March 12,2008; , 11 LA agrees to add a link to the YSA website from the LA website, 12 LA agrees to brand all service activities as Global Youth Service Day events(this may be in conjunction with other branding),and to brand all promotional materials with the GYSD and State Farm Companies Foundanon logos(in addition to other relevant logos), 13 LA agrees to provide YSA with electronically submitted updates from October 2007 through GYSD, 14 LA agrees to provide YSA with photos,copies of media clips and internal marketing materials from GYSD, 15 LA agrees to encourage coalition members to post GYSD evaluations on wnvw YSA oi,/nysd or via the mail-in postcards and will complete and return a post event Lead Agency evaluation survey by May 25,2007 Karen L.Daniel Date Stac ludd Date D Vice-President <Title> National&6 Global Youth Service Day City of Kent Police Department i I Lead Agency Contact Information: Organization Name: �,� y� 0� avlti ( 1 _ Program Contact Name(if different from above) (chic�� 'r CEO Contact Name: Telephone: �3'S5S(�—S(•L$Li�U U Email SJ Cc . V 2. V-4- l-X0 tLS Media Contact Name (if different from above) Iai nc-, Telephone: ext. Email: Lead Agency Goal As a Lead Agency,we aim to involve LDC-0 (specify number)of youth volunteers in National Youth Service Day events (Youth Service America understands that this is a goal—Lead Agencies will not be penalized for not meeting this estimate,though of course,we hope you exceed it,Please aim high') Other Goals: Z Kent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: OCCUPATIONAL HEALTH SERVICES CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with Valley Medical Center Occupational Heath Services. State law requires the City to provide medical services to inmates while they are housed in our jail. The Public Hospital District No. 1 of King County, doing business as Valley Medical Center Occupational Health Services, has provided inmate medical services for the City of Kent since 1996. The agreement provides that medical services shall be provided at an annual cost of $278,350.00 for medical staff, plus estimated administrative expenses of $45,000, as set forth in the agreement through December 31, 2010. The agreement may be extended if both parties agree. 3. EXHIBITS: Second Amendment to Corrections Facility Medical Services Agreement 4. RECOMMENDED BY: Public Safety Committee 11/13/07 (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 aDISCUSSION: ACTION: Council Agenda Item No. 6V KENT W/.S HINGTON SECOND AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT I THIS SECOND AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT is made between the CITY OF KENT, a Washington municipal corporation ("City"), and PUBLIC HOSPITAL DISTRICT NO. 1 OF KING COUNTY (dba Valley Medical Center Occupational Health Services,) a non-profit municipal corporation organized under the laws of the State of Washington ("Vendor"), RECITALS A. On July 29, 2004, the City and Vendor entered into a Corrections Facility Medical Services Agreement for Vendor to provide comprehensive medical services at the Kent Corrections Facility ("Vendor"). On November 27, 2006, the parties executed a First Amendment to the Agreement extending the Agreement's term through December 31, 2007. 1 B. The parties express their mutual intent and desire to further amend the Agreement to extend its term an additional three years, through December 31, 2010, clarify certain obligations, and revise the level of service and compensation provisions of the Agreement NOW THEREFORE, in consideration of the mutual intent, desire and promises of the parties and other good and valuable consideration, City and Vendor agree as follows: 1. Section II, Time for Performance, is amended to extend the Agreement for an additional three (3) year period through December 31, 2010. 2. Section III, Level of Service and Compensation, Subsection A, Staff - Level of Service and Hourly Rates, and Subsection B, Estimated Administrative Expenses, are amended to delete those subsections in their entirety and replace them with the following: A. Staff - Level of Service and Hourly Rates. Staffing levels and hourly rates are set forth below The staffing levels may be altered at the request of the City with thirty (30) days advance written notice to the Vendor and expressed in a written addendum signed by both parties; provided, thirty (30) days advance written notice shall not be required for minor changes mutually agreed upon by the City and Vendor The Vendor shall provide the following level of service for staff on the days indicated and at the hourly rates indicated: IANNUAL HOURS POSITION 2080 Licensed Practical Nurse ("LPN") @ $33.05/hr 40 Hours per week Work performed Mon-Fri, 7:00 am-3:30 pm Total monthly cost: $5,728.67 Total annual cost: $68,744.00 SECOND AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 1 ANNUAL HOURS POSITION 3120 Registered Nurses ("RNs") @ $56.06/hr 60 Hours per week Work performed Mon-Fri, 12:30 pm-9:00 pm and Sat-Sun, 10.00 am-8:30 pm Total monthly cost: $14,575.60 Total annual cost: $174,907.20 202 Advanced Registered Nurse Practitioner - Psychiatry ("ARNP") @ $60 00/hr 3.9 Hours per week Work performed 1.3 hours per day, three days per week Total monthly cost: $1,010.00 Total annual cost: $12,120.00 416 Physician's Assistant ("PA") @ $72.37/hr 6 Hours per week Work performed in shifts totaling 6 hours per week at Vendor's discretion Total monthly cost: $1,881.62 Total annual cost: $22,579.44 The total annual expense for Vendor staff at the above levels of service and at the above hourly rates will be $278,350.00 On or around July 1 of each year, Vendor may increase the hourly rates for the LPNs, RNs, PAs, and ARNPs under this Agreement if and to the extent it increases the hourly rates for all its LPNs, RNs, PAs, or ARNPs pursuant to an applicable labor contract. Vendor will provide City with at least thirty (30) days' advance written notice of such increase and make any such contract available for review by the City, upon request. Any such increase will be expressed in a written amendment to this Agreement executed by both parties B. Estimated Administrative Expenses. The Vendor shall provide the following administrative services: 1. On-call for telephone consultation with LPN, RN, PA, ARNP, Medical Director, Jail Health Administrator or other doctor; 2. Billing, records management, storage, and scheduling; 3. Medical director oversight; and 4. Administrative oversight. 5. Program support services as called for in Section VI of the Agreement. These administrative services shall be provided at an annual rate of $45,000 SECOND AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 2 3. Section VI, Program Support Services, Subsection A, Quarterly Meetings and Report, is amended to add the following at the end of that section: 12. National Commission on Correctional Health Care ("NCCHC") standards and compliance review. 4. Section VI, Program Support Services, Subsection H, Accreditation, is amended to delete that section in its entirety and replace it with the following: 1 H. Accreditation. During the initial term of the Corrections Facility Medical Services Agreement, the Vendor cooperated with the City in order to meet standards set by the National Commission on Correctional Health Care (NCCHC) in order to allow the City to obtain accreditation through American Correctional Association (ACA). However, shortly after the City received its Certificate of Accreditation through the ACA, the City was advised that its inmate medical services program would need to meet the current standards set by the ACA as the ACA will no longer accept the NCCHC standards as meeting ACA's standards. Accordingly, Vendor will, at the direction of the City, take the necessary steps to attain ACA accreditation of the City's correctional facility medical services This includes due diligence in performing those services and tasks that are I required to receive and maintain the Certificate of Accreditation in accordance with the ACA's standards for inmate medical services, as amended from time to time Vendor will keep the City apprised, in a timely manner, of any issues relating to maintaining the Certificate of Accreditation. In the event the City does not receive its renewal Certificate of Accreditation due to acts or omissions of the Vendor or its staff, Vendor will reinitiate at the direction of the City the Certificate of Accreditation review process and pay all reasonable fees associated with reinitiating the process. 5. Section VI, Program Support Services, Subsection J, Inmate Co-Pay, is amended to delete that section in its entirety and replace it with the following: 3. inmate Co-Pay. The City has established a system for the collection of an inmate co-pay, but at this time, that system is not operational. Vendor will cooperate with the City to implement the co-pay system in the event the City makes it operational. 6. Except as specifically amended by this Second Amendment, all remaining provisions of the Agreement will remain in full force and effect In addition, upon the effective date of this Second Amendment, the written provisions and terms of this Second Amendment shall supersede all prior amendments to the Agreement or any verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner the Agreement or this Second Amendment. SECOND AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 3 t 7. The effective date of this Second Amendment is January 1, 2008. IN WITNESS, the parties have executed this Second Amendment to the Corrections Facility Medical Services Agreement on the last date written below. CITY OF KENT By. Print Name: Suzette Cooke Title Mayor Date: PUBLIC HOSPITAL DISTRICT NO. 1, dba Valley Medical Center Occupational Health Services By: Print Name: Title: Date Approved as to Form: Arthur"Pat' Fitzpatrick, Deputy City Attorney P\Gvd\Files\O pen Files\0446\Jai IM edica-2ndAmendment0hS doc i SECOND AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 4 I IKent City Council Meeting Date November 20, 2007 Category Consent Calendar 1. SUBJECT: 116TH AVENUE S.E. JOINT UTILITY TRENCH - ACCEPT a� 2. SUMMARY STATEMENT: As recommended by the Public Works Committee and Public Works Director, accept the 116th Avenue S.E. Joint Utility Trench Project as complete and release retainage to Rodarte Construction, Inc., upon standard releases from the state and release of any liens. The original contract amount was $671,368; the final amount was $816,846.35 or 21.67% above budget. The entire amount of the overrun is attributable to additional trench length and depth above what was estimated to underground the existing overhead utility lines. By agreement, approximately 50% of these expenses will be reimbursed by the various utility companies. 3. EXHIBITS: None 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 $ I6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: Council Agenda Item No. 6W l Kent City Council Meeting Date November 20, 2007 Category Other Business 1. SUBJECT: MERIDIAN BANKS REZONE, ORDINANCE - ADOPT (QUASI-JUDICIAL PROCEEDING) 2. SUMMARY STATEMENT: Council is considering adoption of an ordinance relating to land use and zoning, specifically the rezoning of one parcel totaling 6.3 acres of property from SR-4.5 (Single Family Residential), to SR-6 (Single Family Residential) The property is located at 25840 135th Lane SE. The Kent Hearing Examiner held a Public Hearing on May 10, May 23, and August 15, 2007, and issued Findings, Conclusions, and a Recommendation for approval on October 15, 2007. I3. EXHIBITS: Ordinance; Hearing Examiner Findings, Conclusions and Recommendation; Staff report with map; Determination of Nonsignificance, and ' Decision Document 4. RECOMMENDED BY: Hearing Examiner 1 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to accept/reject/ fy the Findings, Conclusions and Recommendation of the Hearing Examiner n the Meridian Banks Rezone and to adopt Ordinance No. _ ' DISCUSSION: I 411("i�P hac, IACTION: & Council Agenda Item No. 7A ORDINANCE NO. ' I AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, specifically the rezoning of approximately 6.32 acres of property located at 25840 1351h Lane Southeast from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Meridian Banks Rezone RZ-2005-7). RECITALS A. An application was filed on June 30, 2005, to rezone approximately 6.32 acres of property located at 25840 135`h Lane Southeast from SR 4.5 (Single- Family Residential, 4.5 units per acre) to SR 6 (Single-Family Residential, 6 units per acre). (Meridian Banks Rezone, #RZ-2005-7). ' B. The City's SEPA responsible official issued a Mitigated Determination I 1 of Nonsignificance (MDNS) (#ENV-2005-57), with conditions, for the proposed rezone on January 19, 2007. i C. An open record hearing on the rezone was held before the hearing examiner on May 10, 2007; May 23, 2007, and August 15, 2007. On October 15, ' 2007, the hearing examiner issued findings and conclusions that the Meridian Banks Rezone is consistent with the city's Comprehensive Plan; that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity; that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated; that circumstances have changed since the establishment of the current zoning district to warrant the proposed rezone; and that the proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. t1 Meridian Banks Rezone 1 1 D. Based on these findings and conclusions, the hearing examiner recommended approval of the Meridian Banks Rezone. t E. On November 20, 2007, the City Council determined that the hearing , examiner's findings and conclusions are consistent with sections 15.09.050(A)(3) and 15.09.050(C) of the Kent City Code. Council accepted the findings of the , hearing examiner, and adopted the hearing examiner's recommendation for approval of the Meridian Banks Rezone from SR-4.5 to SR-6. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE , SECTION 1. - Recitals Incorporated as Findings. The foregoing recitals, r which are incorporated by this reference, constitute the council's findings on this! matter. I SECTION 2, - Rezone. The property located at 25840 1351h Lane ' Southeast in Kent, Washington consisting of approximately 6.32 acres depicted in Exhibit "A" (marked "Vicinity Map"), attached and incorporated by this reference,III and legally described in Exhibit "B", attached and incorporated by this reference, isi rezoned from SR 4.5 (Single-Family Residential, 4.5 units per acre) to SR 6: i (Single-Family Residential, 6 units per acre). The City of Kent zoning map shall bel amended to reflect the rezone granted above. SECTION 3. - Severability. If any one or more sections, sub-sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 Meridian Banks Rezone , 1 SECTION 4, - Effective Date. This ordinance shall take effect and be in Iforce five (5) days from and after its publication as provided by law. SUZETTE COOKE, MAYOR ' ATTEST: BRENDA JACOBER, CITY CLERK 1 APPROVED AS TO FORM: ' TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2007. ' APPROVED: day of , 2007. PUBLISHED: day of , 2007. i E I hereby certify that this is a true copy of Ordinance No. 1 passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. 1 BRENDA JACOBER, CITY CLERK (SEAL) P\avll\Ordinance\Rezone-MerldlanBanks.doc 3 Meridian Banks Rezone it If 11t / 1 ui °�, 1p Orl Its Pill,CC In I_111 Jt g• �/ ��,{Yet._- /I � N c Ln TM��Im Z T LI001 z EXHIBIT "A" Page 1 of 2 - - ram*•_ '".d`` t}"" 'e ,i. � / 1 y � � - � �`a ••_� �>,. �?"yid � . ,a _ tti�♦{ i5r, 'g «4�rY" /t"�!tLYih.ter ��+ir.a..vl� ����'Y �'� � �'�Yd a,_`�� mot. "wr•` s t • rr<""LL s rl obi I [A41", r y . Git . a 4 '6^4 � 'V • �• � 5 v �� - 4 C iit +u. , ? / ♦ �t C4a•Y 9r ` �r�M�:l t t�t..n � Ea r 4 lip �`r a� 9s t { h I ' V EXHIBIT "A" - Page 2 of 2 MERIDIAN BANKS REZONE SUBMITTAL , LEGAL DESCRIPTION: (PER STWEART TITLE COMPANY ORDER NO ' 205103805) THAT PORTION OF GOVERNMENT LOT 2, SECTION 27, TOWNSHIP 22 ' NORTH, RANGE 5 EAST WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF SOUTH MARGIN OF SOUTHEAST 258TH STREET WITH WEST MARGIN OF 135TH AVENUE SOUTHEAST AS ON PLAT OF SHORE LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 59 OF PLATS, PAGE 62, IN KING COUNTY, WASHINGTON, THENCE SOUTH 01° 07'23"WEST 320 FEET, THENCE SOUTH 290 59'00" EAST 110 25 FEET, THENCE SOUTH 880 59' EAST 146 FEET, THENCE SOUTH 01" 07' WEST 90 FEET MORE OR LESS, TO THE SHORE OF LAKE MERIDIAN; THENCE SOUTHEASTERLY ALONG THE SHORELINE OF SAID LAKE MERIDIAN TO THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 2, THENCE SOUTH ON THE EAST LINE THEREOF TO SOUTH MARGIN OF SOUTHEAST 258TH STREET, THENCE WEST ON SAID SOUTH MARGIN TO POINT OF BEGINNING, TOGETHER WITH SECOND CLASS SHORELANDS ADJOINING ALSO, AN UNDIVIDED INTEREST IN THAT PORTION OF GOVERNMENT LOT 2, SECTION 27 TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLIAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS- BEGINNING AT THE INTERSECTION OF SOUTH MARGIN OF SOUTHEAST 258TH STREET WITH WEST MARGIN OF 135TH AVENUE SOUTHEAST AS ON PLAT OF SHORE LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 59 OF PLATS, PAGE 62, IN KING COUNTY, WASHINGTON; THENCE SOUTH 01° 07'23" WEST 320 FEET; THENCE SOUTH 29" 59'00" EAST 110 25 FEET TO THE TRUE POINT OF , BEGINNING, THENCE SOUTH 88' 59' EAST 146 FEET, THENCE SOUTH 1° OT WEST 90 FEET, MORE OR LESS, TO THE SHORE OF LAKE MERIDIAN; THENCE NORTHWESTERLY ALONG THE SHORE OF LAKE MERIDIAN TO A POINT WHICH BEARS SOUTH 010 07'OV' WEST FROM THE TRUE POINT OF BEGINNING, THENCE NORTH 01° 07'00" EAST 45 FEET MORE OR LESS, TO THE TRUE POINT OF BEGINNING, TOGETHER WITH SECOND CLASS SHORELANDS ADJOINING. , EXHIBIT "B" BEFORE THE HEARING EXAMINER OF THE CITY OF KENT IN RE: ) No. RZ-2005-7 KIVA #2052281 MERIDIAN BANKS ) APPLICATIONS & APPEALS ) Bill Floten ) FINDINGS, CONCLUSIONS AND Part III — Rezone Application ) RECOMMENDATION BACKGROUND ' On June 30, 2005, property owner Bill Floten submitted a rezone application requesting a change from SR-4.5 Single Family Residential to SR-6 Single Family Residential on approximately 6.32 acres located adjacent to Lake Meridian at 25840 135th Lane SE. Exhibit C-1. On August 29, 2005, Architect Ted Nixon submitted, on behalf of Bill Floten, an application to subdivide the same property into 27 single-family residential lots. The property owner and Mr. Nixon are hereafter referred to as "Applicants". Exhibit CK-76. On November 8, 2005, the City requested that the Applicants provide a wetland delineation for ' the property as part of its environmental review of the preliminary plat application. ExhibitCK- 12. On November 18, 2005, the City issued a SEPA Determination of Nonsignificance (DNS) on the rezone, but not on the preliminary plat. Exhibit C-7. On December 16, 2005, James Helm appealed the DNS on the rezone to the Hearing Examiner (ExhibitA-7) and on February 1 and 15, 2006, the Hearing Examiner held consolidated SEPA appeal/rezone hearings. On March 15, 2006, the Hearing Examiner issued a decision granting the appeal of the DNS and ' remanding the rezone to the City for review of environmental impacts concurrent with preliminary plat application and for review with respect to wetlands, storm drainage, and traffic. Hearing Examiner's Decision, Meridian Banks, #AP 2005-51 #RZ 2005-7(March 15, 2006). On June 14, 2006, the Applicants submitted a critical areas assessment and delineation prepared by Chad Armour, LLC, in response to the City's request for additional information on ' r Exhibit numbers are inserted in the background statement for reference by the reader. However,the Background statement is not considered part of the Findings of the Hearing Examiner. Findings, Condustons and Recommerraabon City of Kent Hearrng Examiner Mendlan Banks, Part 111,Rezone RZ-2005-7,KNA #2052281 Page 1 of 10 the preliminary plat application. Exhibit CK-3. The City did not approve this submittal and requested a revised delineation report. The Applicants submitted a "supplemental wetland assessment information" prepared by Habitat Technologies on October 23, 2006. Exhibit CK- 1 24. The City conducted its own wetland review including a site visit. Exhibit CK-28. On November 17, 2006, the City issued a final administrative decision, finding that Category 2 , wetlands exist and required the Applicants to correct the delineation boundaries. As a final critical area resource administrative decision, the City's decision was appealable under Chapter 11.06 KCC to the Hearing Examiner. Exhibit CK-30. On December 1, 2006, the Applicants ' appealed the City's administrative decision to the Hearing Examiner. Exhibit*15. On January 19, 2007, the City determined that, with conditions, the rezone and preliminary ' plat proposals together would not have a probable significant adverse impact on the environment. The City issued a Mitigated Determination of Nonsignificance (MDNS) with seven mitigation conditions. Exhibit B-10. On February 2, 2007, Bill Floten and Ted Nixon appealed all the MDNS conditions. The Appellants and the City agreed that the issues raised in the appeal of the administrative decision would be addressed as part of the SEPA appeal. The 1 Hearing Examiner issued an order dismissing the appeal of the administrative decision on May 22, 2007. On Feb. 16, 2007, Sharon Bosse appealed the MDNS conditions regarding wetland delineation and storm drainage. 1 The applications and appeals were referred to the Hearing Examiner for hearing and decisions. Following hearings on each of the appeals and applications, the Hearing Examiner now issues 1 a four-part decision related to the Meridian Banks proposal. Part I is the decision on the Applicants' Appeal of the SEPA Threshold Determination; Part II is the decision on Appellant Bosse's Appeal of the SEPA Threshold Determination; Part III is the recommendation of the 1 Hearing Examiner on the rezone application; and Part IV is the Hearing Examiner decision on the preliminary plat application. Attachment A is the Exhibit List; Attachment B is a Pleadings 1 and Hearing Examiner Orders List; Attachment C is a chronology of the rezone, preliminary plat and appeals. SUMMARY OF RECORD 1 Hearing: The hearing on the rezone application was consolidated with hearings on SEPA Appeals and an 1 affiliated Preliminary Plat Application. The City of Kent Hearing Examiner held an open record hearing on the consolidated SEPA appeals/rezone/plat application on May 10, 2007; May 23, 2007; and August 15, 2007. This recommendation is Part III of a four-part decision. By agreement of the parties, the decisions are all issued together on October 15, 2007. 1 1 Findings, Conclusions and Recommendation Gty of Kent Hearing Examiner Meridian Banks, Part 111, Rezone RZ-1005-7, KrVA #2051181 Page 2 of 10 , Testimony: ' The following individuals presented testimony under oath on the rezone application: Lydia Moorehead, City Planner Mike Gillespie, City Development Engineering Manager Beth Tan, PE, City Public Works Department Paul Nitardy, Cramer Northwest, PE, for Applicants Christopher Brown, Transportation Engineer, for Applicants James Tuntland Michelle McDowell Sally McDonough Linda Johnson ' Patricia Sjoiln Attorney Bill Williamson represented the Applicants. Attorney Kim Adams Pratt represented ' the City. Exhibits: The exhibits identified on Exhibit A were admitted into the record during the open record hearings on the consolidated applications and appeals. See Exhibit A. The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearings: FINDINGS 1. Bill Floten, property owner, and Ted Nixon, architect, (collectively referred to as 'Applicants requested a zoning map amendment to rezone a 6.3 acre parce12 from SR-4.5 Single Family Residential to SR-6 Single Family Residential.3 The property is located at 25840 135th Lane SE, in Kent, Washington.4 Exhibit C-1; Exhibit CK-64 January i8, 2006, Staff Report, pages 1 —2. Z The Environmental Checklist prepared by the Applicant states that the property measures 257,746 square feet,or 5 8 acres; the March 16, 2006, Hearing Examiner Decision regarding the Meridian Banks appeal also uses the 5.8 acre measurement. Exhibit C-3;Exhibit C-5;Exhibit M-15.H,Hearing Examiner Decision of March 16, 2006. The King County GIs tax parcel information describes the property as measuring 275,299 square feet, or 6.32 acres. The staff reports prepared by the City of Kent describe the property as measuring 6.3 acres. Exhibit CK-62;Exhibit CK-63;Exhibit C7(64. 3 subsequent to filing the rezone request,the Applicant also submitted a preliminary plat application to subdivide the property into 27 single family residential lots. The preliminary plat application is addressed in a separate decision. -gg Decision of Hearing Examiner, Meridian Banks Preliminary Plat File No. SU-2005-11, KIVA# RPP3-2053169. 4 The property is identified by King County tax parcel number 2722059164. Exhibit C-1;Exhibit CK-64,page 1. A legal ' description of the property is included on the preliminary plat map and in the Cascade Sewer Easement. Exhibit CK-40; Exhibit M-53. Findings, Conclusions and Recommendation Gty of Kent Hearing Examiner Mendian Banks, Part III,Rezone RZ-1005-7, KTVA #'2052281 ' Page 3 of 10 2. The City of Kent (City) determined the rezone application was complete on August 11, 2005. Exhibit C-21. The City determined that the preliminary plat application associated with the requested rezone was complete on September 23, 2005. Exhibit M-32. The City provided notice of the rezone application as required by City ordinance. Exhibit C-12; Exhibit C-13; Exhibit C-15; Exhibit C-16; Exhibit Cl(--64, pages 3 and 5. ' 3. The City acted as lead agency for review of environmental impacts of the proposal as required by the State Environmental Policy Act (SEPA). Initially, the City separately ' reviewed the environmental impacts of the rezone application and preliminary plat application and issued a Determination of Nonsignificance (DNS) for the rezone request on November 18, 2005. Exhibit C-7; Exhibit C-8. The DNS was appealed by James Helm on December 16, 2005. Exhibit A-7. The Hearing Examiner issued a decision on the appeal on March 15, 2006, remanding the DNS to the City for review of the environmental impacts of the Applicants' proposed rezone and preliminary plat application, with respect to , wetlands, storm drainage, and traffic. Exhibit M-I5.H. Pursuant to the Hearing Examiner's decision, the City combined review of the environmental impacts for the proposed rezone application and preliminary plat application.5 The City determined that with conditions, the ' rezone and preliminary plat proposals together would not have a probable significant adverse impact on the environment, and issued a Mitigated Determination ci , Nonsignificance (MDNS) on January 19, 2007. Exhibit B-10. The MDNS included seven conditions addressing traffic mitigation, pedestrian walkways, compliance with City Critical Areas Ordinance through plat redesign, protection of wells, use of low-impact development , techniques, minimization of negative impacts to soils, and minimization of grading. The City received appeals of the MDNS from Bill Floten and Ted Nixon (AP-2007-1) and from Sharon Bosse (AP-2007-2). The MDNS appeals are considered separately from the rezone ' recommendation and are addressed in Parts I and II of the Meridian Banks decisions. Exhibit CK-63, May 10, 2007 Staff Report; Exhibit M-18, Exhibit B-10. 4. The City provided notice of the open record hearing associated with the preliminary plat and rezone applications by posting notice on the subject property and mailing notice to-all owners of property within 300 feet of the subject property on April 27, 2007. The City , published notice of the hearing in the Kent Reporter in compliance with City ordinances. Exhibit CK-62, Staff Report, page 7, Exhibit CK-70, Exhibit CK-71. ' 5. The property at issue was annexed to the City in 1996 as part of the Meridian Annexation (Ordinance No. 3241). Based on existing land uses at the time of annexation, the property 5 The Washington Supreme Court endorsed this combined threshold review process when it found impacts of a specific , development proposal can be a useful yardstick to measure rezone impacts. See Gdzens Alliance v.Auburn, 126 Wn.2d. 356, 365 (1995). Combined threshold review is consistent with KCC 12.01.030(D), is a more efficient use of City,applicant and public resources, and promotes SEPA policies. See 126 Wn.2d at 366 CThe SEPA rules underscore flexibility and gauge the level of detail according to the proposal at issue'. ' Findings, Conclusions and Recommendation aty of Kent Heanng Examiner Mendlan Banks, Pan`III, Rezone RZ-1005-7, KIVA 02051181 Page 4 of 10 was initially zoned R1-9.6, and then changed to SR-4.5 through a 1996 zoning code ' update. The Comprehensive Plan Land Use Map designates the property as SF-6, Single Family Residential, allowing for six dwelling units per acre. In 1997, the City Council considered and rejected a former property owner's request to change the Comprehensive Plan designation to LDMF, Low Density Multifamily. The property maintained the SF-6 designation through the 2001 Land Use Plan review and update, the 2004 Land Use Plan review and update, and through the 2006 Land Use Plan revision. The property is located ' within an Urban Growth Area. City of Kent Comprehensive Plan Land Use Element (last revised May 4, 2006), Land Use Map Figure 4.7, page 4-53; Exhibit CK-64, pages Z, 3, 7, and 10. ' 6. Properties to the north and east of the subject property are zoned SR-4.5, carry the SF-6 Comprehensive Plan designation, and are predominately developed with single-family residences and some multifamily development. Property to the west is zoned MHP, Mobile Home Park, and designated as such by the Comprehensive Plan Land Use Map. The subject property is bordered to the south by Lake Meridian. The Land Use Element identifies properties along the northern edge of Lake Meridian as vacant and redevelopable. City Comprehensive Plan Land Use Element (last revised May 4, 2006), Vacant and Redevelopable Land, page 4-17; Comprehensive Plan Land Use Map page 4- 53,6 Exhibit CK-64, page 2. ' 7. Since the property's annexation in 1996, the City has improved the roadway infrastructure serving the property and surrounding neighborhoods, increasing traffic capacity in the East Hill portion of the City. The City has improved the 272nd/277u' Street corridor, providing improved roadway connectivity and freeway access. The 116th Avenue SE and Kent- Kangley Road intersection and a portion of 116d' Avenue SE, south of SE 256"' Street has been widened, Exhibit CK-64, page 10. 8. The subject property is currently located in the City's SR-4.5 Single Family Residential zoning district, which permits a maximum of 4.53 dwelling units per acre and a minimum ' lot size of 7,600 square feet.? A 6.3 acre parcel of land within the SR-4.5 zoning district could be developed with 28 lots.8 The SR-6 zoning district would permit a maximum density of 6.05 dwelling units/acre with a minimum lot size of 5,700 square feet, allowing 6 The rezone application was filed prior to the 2006 Comprehensive Plan Land Use Element revision However,the 2006 revision did not alter the surrounding properties'SF-6 designation under the 2004 Comprehensive Plan Land Use Map and the ' identification of properties along Lake Meridian as vacant and redevelopable were not changed with the 2006 Land Use Element revision. 7 The maximum density and minimum lot size for the SR-4.5 zoning district is found in KCC 15.04.170. The City zoning code has been updated since the Applicant filed the rezone request; however, the lot size and density requirements have remained the same for the SR-4.5 and SR-6 zones. ' s The maximum density calculation for dwelling units per acre in the SR-4.5 district is 6 3 acres multiplied by 4.53 dwelling units/acre = 28.5 dwelling units. ' Findrngs, Conclusions and Recommendation City of Kent Heanng Examiner Meridian Banks, Part III,Rezone RZ-2005-7, KNA 02052281 ' Page 5 of 10 — for development of up to 38 lots on a 6.3 acre parcel.9 The January 18, 2006 Staff Report states that even with an approved rezone, the property would not be likely to be developed at the maximum density allowed as some land would be used for stormwater management, , roadways, and other improvements. KCC 15.04.170; Exhibit CK-64, page 2. 9. The Applicants have proposed development of 27 lots, a stormwater drainage tract, and a new public road. The proposed preliminary plat would have a gross density of 4.3 dwelling units per acre.10 The proposed lots would comply with the SR-6 minimum lot size and setback requirements. Lydia Moorehead, City Planner, testified that if the City Council ' denies the rezone request, the Applicants would need to reconfigure the preliminary plat to comply with the SR-4.5 zone standards. The 19 residential units currently on the property , would be removed with plat development. Exhibit CK-62, pages 1, 12, and 18; Exhibit CK- 64, pages 1 and 5, Testimony of Ms. Moorehead. 10.The Comprehensive Plan describes the Land Use Element as having "the central role of ' defining the direction of the Comprehensive Plan, and thereby defining the vision of the community." City Comprehensive Plan, Land Use Element, page 4-2.11 The Land Use , Element includes the Land Use Map, which designates the subject property as SF-6. In addition, the Land Use Element contains goals and policies promoting new development to ' meet target housing goals, requiring a minimum density of four units per acre, locating new development near existing services, and encouraging variety in densities, housing types, and lot sizes. Housing Element goals and policies encourage attractive ' neighborhoods by promoting home ownership and providing for a variety of housing types and site designs to meet projected residential needs. Where appropriate, zoning codes may be revised to increase the supply of affordable housing options such as small lot sizes. ' Transportation Element goals and policies support the coordination of land use and transportation planning to ensure sufficient transportation infrastructure to serve new development.12 City Comprehensive Plan, Land Use Element (last revised May 4, 2006), pages 4-26, 4-32 and 4-33, City Comprehensive Plan, Housing Element(2004), pages 6-11 9 The maximum density and minimum lot size for the SR-6 zoning district is found in KCC 15.04.170. The maximum density calculation for dwelling units per acre in the SR-6 district is 6.3 acres multiplied by 6.05 dwelling unitslacre = 38.1 dwelling units. 10 The gross density calculation is 27 dwelling units divided by 6.3 acres = 4.3 dwelling units per acre. 11 This section of the Land Use Element was not revised with the 2006 Land Use Element revision. ' 12 In the January 18, 2006 staff report, the City identified the following Comprehensive Plan goals and policies as particularly relevant to the rezone request: Land Use Element Goals LU-9 and LU-10,and Policies LU-9.1, LU-9.4, and LU-10.4(these goals and policies were not changed with the 2006 Land Use Element revision); Housing Element Goals H-2, H-5,and H-7, and Policies H-2.2, H-5.1,H-5.2,H-5.3,and H-7.5; and Transportation Element Goal TR-1 and Policies TR-1.2 and TR-1.5. City Comprehensive Plan, Land Use Element(last rewsed May 4,2006),pages 4-16, 4-31 and 4-33;City Comprehensive Plan, Housing Element(2004),pages 6-11—6-14 City Comprehensive Plan, Transportation Element(2004),page 9-40,Exhibit CK- 64,pages 6—9. ' Findings, Conclusions and Recommendation Gty of Kent Heanng Examiner ' Meridian Banks, Part 111,Rezone RZ-1005-7, KNA #2052281 Page 6 of 10 — 6-14; City Comprehensive Plan, Transportation Element (2004), page 9-40; Exhibit CK- 64, pages 5— 9. ' 11.The property would be accessed from SE 258th Street. The property also has street frontage along 135th Avenue SE. The Applicants proposed construction of a "U"-shaped roadway to provide internal access to the proposed subdivision. The rezone itself would not generate increased traffic on SE 258th Street and in the surrounding neighborhood. However, the City determined that the preliminary plat associated with the rezone would generate nine new PM peak hour trips. The Applicants would address traffic impacts through the construction of street frontage improvements and the payment of traffic ' mitigation fees. The Applicants would either construct a sidewalk along the east side of 135th Avenue SE between SE 258th Street and SE 256th Street, or, at the sole discretion of the Public Works Director, may pay a fee-in-lieu of construction. Exhibit CK-64, page 4; ' Exhibit M-18; Exhibit B-10. 12.Sally McDonough testified that the requested rezone would not be consistent with the Comprehensive Plan goals and policies protecting water quality and the environment in general. She submitted excerpts from Wetlands in Washington State, Volume 2: Guidance for Protecting and Managing Wetlands. Linda Johnson testified regarding her concern that more development in the area would lead to more homes, people, and traffic, disturbing the serenity of the neighborhood. Michelle McDowell testified that she believed a rezone ' would be incompatible with existing development and could adversely affect the health, safety, and general welfare by contributing to school overcrowding. She noted that the City Council has imposed a moratorium on rezones in the Lake Meridian area. Ellyn Ricker, Lake Meridian Resident, submitted a letter of public comment at the May 10, 2007 open record hearing. Ms. Ricker expressed concern that approval of the rezone request would negatively impact school district infrastructure and would result in overcrowding of area ' schools. David and Deborah Herron sent a comment letter dated April 30, 2007, expressing concern that approval of the rezone request would increase traffic on the lake and vehicle traffic on 256th, impacting wildife and the quiet lake-side atmosphere. The ' Herrons also expressed concern that approval of the rezone would set a precedent making it difficult to stop additional development. Exhibit CK-65; Exhibit CK-66; Exhibit CK-68; Exhibit CK-69, Testimony of Ms. McDonough, Testimony of Ms. Johnson; Testimony of Ms McDowell. 13.The Hearing Examiner's decision of March 15, 2006, states that "Any testimony at the continued hearing on the rezone application must relate to any new information that is provided in the environmental review process that was not available at the time of the hearings in February [2006]." Exhibit M-15.H, page 23. Ms. Moorehead testified that with the environmental review required by the Hearing Examiner in his March 15, 2006 decision, the City Planning Department continues to recommend granting the rezone request. She ' testified that the rezone requested was vested at the time of application, prior to the Findings, conclusions and Recommendation ' City of Kent Nearing Examiner Meridian Banks, Part III,Rezone RZ-2005-7, KIVA ##2052281 Page 7 of 10 rezone moratorium. Traffic impacts would be mitigated through compliance with the MDNS ' conditions. The City identified lake fringe wetlands along the property's southern border with Lake Meridian. Protection of wetlands would be addressed through preliminary plat , conditions and compliance with MDNS conditions. The City determined the Applicants' technical information report and preliminary stormwater detention treatment plans are ' consistent with the 2002 City of Kent Surface Water Design Manual and the 1998 King County Surface Water Design Manual. Exhibit CK-1; Exhibit Cl(-2; Exhibit Cl(--3; Exhibit CK- 4; Exhibit 0K-5, Exhibit Cl(-38; Exhibit CK-39; Exhibit CK-43; Exhibit CK-44; Exhibit CK-63; ' Exhibit M-18; Exhibit B-10; Testimony of Ms. Moorehead. CONCLUSIONS ' jurisdiction The Hearing Examiner has jurisdiction to hold an open record hearing on quasi-judicial actions, including this rezone, and to issue a written recommendation for final action to the City Council, pursuant to RCW 35A.63.170 and Chapters 2.32, 12.01 and 15.09 Kent City Code (KCC). ' Criteria for Review KCC 15.09.050.0 sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: 1. The proposed rezone is consistent with the Comprehensive Plan; 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; ' 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be , mitigated; 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone; and ' 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. , KCC 15.09.050.C. Conclusions Based on Findings ' 1. The proposed rezone is consistent with the Comprehensive Plan. The subject property is designated SF-6 by the Comprehensive Plan, allowing for development of up to ' six dwelling units per acre. The subject property and other properties along the northern edge of Lake Meridian are identified as vacant or redevelopable. Properties to the north and east of the subject parcel are also designated SF-6 under the Comprehensive Plan. , Findings, Condusions and Recommendatron Gty of Kent Heanng Examner ' Mendian Banks, Part III, Rezone RZ-2005-7, KIVA 02052281 Page 6 of 10 ' The proposed rezone would bring the property into alignment with the Comprehensive Plan designation. Development on the subject parcel supported by the proposed rezone would not exceed a density of six units per acre. The proposed rezone would support development of single family residences within the City limits near existing streets and services at a density of at least four units per net developable acre, consistent with Comprehensive Plan Land Use goals and policies. The smaller lot sizes made possible by the rezone would support a variety of housing styles, consistent with Housing Element ' goals and policies. Development of the property would include improvements to area streets, consistent with Transportation Element goals. Future development would be conditioned to ensure consistency with development regulations adopted pursuant to the Comprehensive Plan. Findings 1, 3, 5, 6, 10, 11, 13. 2. The proposed rezone and subsequent development would be compatible with the existing neighborhood. Subsequent development of the property would be single- family residential, in a single-family residential neighborhood. Surrounding properties are developed with single family and multifamily residences, and property to the west is developed with a mobile home park. Properties to the north and east of the subject parcel are designated SF-6 under the Comprehensive Plan. It is unlikely that the property would be developed at the maximum density allowed due to land requirements for roadways, stormwater drainage systems, and other improvements. Findings 1, 5, 6, 8, 9, 13. 3. The proposed rezone would not unduly burden the transportation system. The proposed rezone itself would not generate increased traffic. The Applicants would address traffic impacts resulting from the proposed preliminary plat associated with the rezone by constructing street improvements on 136th Avenue SE and SE 258th Street and paying a traffic mitigation fee. The Applicants would construct sidewalks along the east side of 135th Avenue SE between SE 258th Street and SE 256th Street, or at the sole discretion of the Public Works Department may be permitted to pay a fee-in-lieu of construction. Finding 11. ■ 4. Circumstances have changed substantially to warrant the proposed rezone. ■ Washington state courts have held that proof of changed circumstances are not required for a rezone if the proposed rezone and associated development implement policies contained in the comprehensive plan. 3jarnson v. Kitsap County, 78 Wn. App. 840 (Div. I, 1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). Here, the property has been classified as SF-6 by the City Comprehensive Plan since annexation in 1996. The rezone request and associated plat development would implement the City Comprehensive Plan goals and policies to promote home ownership and reduce urban sprawl through Flexibility in housing and site design. The rezone would bring the property into line with the SF-6 Comprehensive Plan classification. Improvements to transportation infrastructure would support the additional traffic arising out of any future development. Changed circumstances include roadway improvements of the 272" /277th Street corridor, Findings, Conclusions and Recommendabon Gty of Kent Heanng Examiner Mendian Banks, Part III, Remne RZ-2005-7, KNA ,#2052281 Page 9 of 10 the intersection of 116th Avenue SE and Kent-Kangiey Road, and a portion of 116th Avenue ' SE, increasing traffic capacity and providing improved roadway connectivity and freeway access. The rezone request was filed prior to the moratorium imposed by the City Council. ■ Findings 1, S- 71 10, 12, 13. ■ S. The proposed rezone would not adversely affect public health, safety and general welfare. The City provided adequate public notice of the rezone application and associated public hearing. The City reviewed the requested rezone and associated , preliminary plat application, with particular attention to wetlands, storm drainage, and traffic impacts, and determined that the rezone would not have a probable significant adverse impact on the environment. Approval of the proposed rezone would allow development of the property at the density designated by the Comprehensive Plan. Future development would be conditioned to address impacts on local services, including school districts, parks, stormwater systems and transportation facilities; conditions would also require protection of water quality and the environment in general. Findings 1 - 13. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a rezone from SR-4.5 to SR-6 of a 6.3 acre parcel, King County Tax Parcel Number 2722059164, located at 25840 135th Lane SE, in Kent, Washington, be GRANTED without conditions. DATED this Uay of October 2007. THEODORE PAUL HUNTER Hearing Examiner Findings, Conclusions and Recommendation City of Kent Hearing Examiner Meridian Banks, Pan`III, Rezone RZ-2005--7, KIVA #2052281 Page 10 of 10 t COMMUNITY DEVELOPMENT Fred N Satterstrom, Director PLANNING SERVICES Charlene Anderson,AICP,Manager KENT Phone 253-856-5454 WASHINGTON Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF January 18, 2006 FILE NO: Meridian Banks Rezone #RZ-2005-7 KIVA# 2052281 APPLICANT: Ted Nixon CNA Architects 10715 SE 256th Street Kent, WA. 98030 REQUEST: A request to rezone 6.3 acres of property from SR-4.5 single family residential to SR-6, single family residential. STAFF REPRESENTATIVE: Lydia Moorehead, Planner STAFF RECOMMENDATION: APPROVAL I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone 6.3 acres from the current zoning of SR-4.5 single family residential to SR-6 single family residential. B. Location The subject property is located at 25840 1351h Lane SE and is identified by King County Tax Parcel number 2722059164. I� Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 C. Size of Property The property consists of one 6.3 acre parcel. D. Zoning/Comprehensive Plan Properties surrounding the site are zoned MHP, Mobile Home Park to the west and SR-4.5, Single Family Residential to the north and east. Lake Meridian borders the site to the south. The City of Kent Comprehensive Plan designates the site, together with the properties to the north and east, as SF-6, Single Family six dwelling units per acre. Utilizing the gross acreage only, the proposed SR-6 zoning designation would allow for the development of 38 detached dwelling units, as opposed to 28 dwelling units under the existing SR-4.5 designation. However, due to the land area requirements associated with stormwater management systems, roadways, and other improvements as well as minimum lot size requirements, fewer lots are anticipated for this site. E. Land Use The property currently contains 19 dwelling units and several outbuildings. The use of the site is residential, with 18 dwellings serving as rental units and another serving as a caretaker's residence. Surrounding development is predominately single family residential with a few apartment/condominium complexes and a 77-unit mobile home park located within the vicinity. Existing single family development in the area along the north shore of Lake Meridian is generally characterized by large unplatted lots while development further north, east, and west of the site are medium density residential development on platted and unplatted lots. F. History The site is part of the 3386-acre Meridian Annexation which was annexed to the City of Kent on January 1, 1996 under Ordinance No. 3241. Prior to annexation, this site was designated in the King County Comprehensive Plan as Urban Residential, 4-12 dwelling units per acre. During the annexation process the City established a Comprehensive Plan Designation of SF-6, single family residential and a zoning designation of RI-9.6 which was converted to the SR-4.5 designation later the same year during a zoning code update. Meeting minutes show that during deliberations by the Land Use and Planning Board and City Council on the Meridian Annexation Comprehensive Plan Designation and Zoning, Page 2of11 Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 the former property owner of the site specifically requested that the site be zoned to allow 10 units per acre. After considering the request, Council elected to zone the property R-1-9.6 consistent with the King County Zoning of the area. In August of 1996 the former owner of the site applied for a Comprehensive Plan change from SF-6 to LDMF, Low Density Multifamily and a corresponding zone change from SR-4.5 to MRG, Garden Density Multifamily. On January 7, 1997 the City Council denied the application. In April of 1997 the former owner submitted a tentative short plat application for a nine lot subdivision. A tentative meeting was held and a meeting summary letter was prepared. No formal subdivision applications were filed for this proposal following the tentative meeting. The site was subsequently sold to the current owner who applied for the rezone and later submitted a separate 27-lot preliminary subdivision application and jSEPA checklist, which are currently under review. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Determination of Nonsignificance (ENV-2005-41) for the rezone proposal was issued on November 18, 2005. No conditions for this rezone request were proposed. The comment period for the determination ended on December 2, 2005 and the appeal period ended on December 16, 2005. Twenty-two letters were received during the comment period from surrounding property owners regarding the Determination of Nonsignificance. Comments received by surrounding property owners noted the following concerns: an inadequate SEPA checklist prepared by the applicant, a need for an environmental impact study, inconsistent comprehensive plan designations around other bodies of water within the City, and impacts from future development on the site including stormwater, open space, wetlands, and density. A SEPA appeal was filed by a neighboring property owner on December 16, 2005 (AP 2005-5). The appeal is being considered in a consolidated hearing with this request for rezone. B. Significant Physical Features Topography, Wetlands and Vegetation The site slopes south into Lake Meridian with the area directly adjacent to Lake Meridian at approximately 12 percent in grade. Vegetation on site consists of trees, shrubs, grass and various aquatic vegetation including cattails, bulrush, Page 3 of 11 Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 pond lilies, willows, and Douglas spiraea along the fringe of the lake. A lacustrine fringe wetland has been identified on the site along the shoreline of Lake Meridian. A wetland delineation has been requested as part of the City's review of a plat application for the site. C. Significant Social Features 1. Street System The site has frontage along SE 258th Street, and is located at the southeast corner of 135th Avenue SE and SE 258th Street. Upon future development of the property, road and street frontage improvements to meet City of Kent roadway standards will be required as conditions of approval. These improvements include but are not limited to curb, gutter sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance. As a non-project action, this rezone will have no impacts on the transportation system at this time. However, subsequent development of the site will likely create traffic impacts which will be addressed during the development review process. 2. Water System The site receives water service from Water District 111. 3. Sanitary Sewer System The site receives sanitary sewer service from Soos Creek Sewer District. 4. Stormwater System A stormwater system will be necessary to accommodate any subsequent development. The developer will be required to complete a drainage analysis and develop and submit drainage plans prepared in accordance with the 2002 City of Kent Surface Water Design Manual and the 1998 King County Surface Water Design Manual. D. CONSISTENCY ANALYSIS The proposed rezone is consistent with the goals and policies of the City of Kent Comprehensive Plan. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Page 4 of 11 Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 Police Department Economic Develop. Manager Director of Public Works Fire Chief Parks & Recreation Director City Clerk City Attorney Kent School District Kent Property Management WA Dept. of Ecology Washington State DOT K. C. Wastewater Treatment Puget Sound Energy King Co. Environmental Health Qwest King Co. Transit Division In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the public hearing. A Notice of Application was posted on the site and published in the King County Journal on August 19, 2005. The City has received approximately 77 written public comments from citizens regarding the rezone application. These letters contained comments that expressed concern regarding both the proposed rezone and future development impacts to the site. The applicant has submitted separate applications for a preliminary plat and environmental review of the preliminary plat. The site specific preliminary plat and associated SEPA applications are under review by City staff. Comments included a broad spectrum of concerns, many of which were repeated in several letters. Comments were made on the following items: traffic, crime, increased lake users, impacts to wetlands, wildlife, views, stormwater runoff, increased size of homes, previous land use applications on the site, limited road capacity, lack of bus service, pedestrian safely, water quality, increased weeds in the lake, change in the neighborhood, increased cost of living, the amount of density around the lake, precedent for large undeveloped lots in the vicinity and disagreement with the current comprehensive plan designation. Comments received during the notice of application comment period generally relate to future development impacts on the site rather than the zone change request. Amending the City's zoning map is considered a non-project action under the State Environmental 1 Policy Act, and any development application for the site will be reviewed for project specific impacts. A separate 27-lot subdivision application is currently under review and issues related to traffic, road improvements, drainage, critical areas and pedestrian safety will be addressed and mitigated where significant impacts are found. IV. PLANNING SERVICES REVIEW A. Comprehensive Plan In 2004 the Kent City Council adopted an update to the Kent Comprehensive Plan which represented revisions to demographics, housing and employment Page 5 of 11 Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 forecasts, and relevant goals and policies affected by the referenced inclusion of pertinent local and regional policy documents. As with the 1995 plan, the 2004 update was prepared under the provisions of the Washington State Growth Management Act. The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The Plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and the City departments to guide decisions on amendments to the City's Zoning Code and other developed regulations, which must be consistent with the plan, as well as to guide decision making about the funding and location of the capital improvement projects. LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows six units per acre. The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area. Overall Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents. Goal LU-9: Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within the existing city limits, and through an interlocal agreement with King County, adopt the housing target of 619 new dwelling units within Kent's Potential Annexation Area. Policy LU-9.1: Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities. Policy LU-9.4: Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services. Goal LU-10: Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area to meet the housing needs of the region's changing demographics. Page 6 of 11 Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 Policy LU-10.4: Allow single family housing on a variety of lot sizes. Locate smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible. Planning Services Comment: The site is located within an Urban Growth Area. The goals and policies of the land use element support the proposed rezone. The site is located near existing urban services and infrastructure. Commercial development is located along 132nd at both SE 240th Street and Kent-Kangley Road. The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area while protecting critical areas. In addition, infill development provides a more efficient means of providing services and enhancing pedestrian mobility. Also, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family lands to multifamily residential. Development of single family subdivisions on underdeveloped, single family zoned land is consistent with this objective. Growth Management Hearings Board decisions have determined that lands within urban growth areas should be divided at a minimum of four dwelling units per net acre to ensure efficient provision of urban services. The zoning district SR-6 allows 6.05 dwelling units per acre and a minimum lot size of 5,700 square feet. HOUSING ELEMENT Goal: Meet the current and future need for housing in the Kent area. Ensure opportunities and an appropriate living environment for Kent citizens. Goal H-2: Promote the organization an enhancement of neighborhoods, and provide the opportunity for comfortable and well maintained housing for all citizens. Policy H-2.2: Support housing with appropriate amenities for individuals, families and children. Goal H-5: Increase housing opportunities through a diversity of housing types and the innovative use of residential and commercial land. Policy H-5.1: Expand the range of affordable housing choice available to meet the needs of both current Kent residents and residents projected in growth estimates. Page 7 of 11 Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 Policy H-5.2: Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low income households, single family housing, and small lot sizes. Policy H-5.3: Promote diversity of housing types affordable to a range of income levels and cultural/ethnic diversity. Goal H-7: Encourage flexibility and innovative site and building design for a variety of housing developments to expand home ownership. Policy H-7.5: Revise zoning and development standards to provide options that increase the supply of affordable home ownership opportunities, such as small lot sizes, zero lot lines, manufactured housing, townhouses, condominiums, clustering, cottage and attached single family housing. Plannina Services Comment The proposed rezone is supported by relevant goals and policies of the housing element. Appropriate services, including, but not limited to, fire, police, medical services, neighborhood shopping and child care are easily accessible to neighborhood residents upon development of the subject property. The proposed rezone increases the amount of land zoned for current and projected residential needs including single family housing and smaller lot sizes. TRANSPORTATION ELEMENT Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development, or a financial commitment is in place to meet the adopted standard within six years, before allowing it to proceed. Policy TR-1.5: Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Planning Services Comment: The Growth Management Act requires consistency between land use and transportation planning. As noted, the Land Use Plan identifies the area of the rezone as SF-6 Single Family Residential. When developed in the future, a new development will include interconnected roadways and pedestrian facilities. The City's Public Works Department will identify specific improvements which will be Page 8 of 11 Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 necessary along the 135th Avenue SE and the SE 258th Street property frontage to serve future development of the property and accommodate the higher density permitted under this rezone B. Standards and Criteria for Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. 1. The proposed rezone is consistent with the Comprehensive Plan. Planning_Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF 6, Single Family Residential which allows up to six units per acre. A rezone of the site from SR-4.5 Single Family Residential to SR-6 Single family Residential will allow residential development up to six units per acre, which is also allowed under the Comprehensive Plan. As previously mentioned, the proposed rezone is also consistent with the applicable goals and policies of the Comprehensive Plan. i2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning_Services Comment The proposed rezone and subsequent development of the site would be compatible with the existing residential development in the vicinity The subject property is surrounded to the north by the Shore Lane Plat, and a mobile home park and condominium development to the west Properties located to the east are developed with single family homes on large lots which have future development potential Subsequent development of the site will include detached single family residential homes constructed on individual lots 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Services Comment A rezone of this property to SR-6, Single Family Residential, will not generate additional trips onto the existing transportation system. However, future I development of a subdivision will add trips to the local street system. Upon future development of the site, road and street frontage improvements to meet Page 9 of 11 Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 the City of Kent roadway standards will be required as conditions of approval. These improvements include but are not limited to curb, gutter, sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance. The applicant will be required to participate in other City transportation improvement projects by providing an environmental ' mitigation fee for the impacts created by future development. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Services Comment The subject parcel was annexed to the City of Kent on January 1, 1996 and is currently developed with 19 dwelling units and several out buildings. In 2004, the Kent City Council adopted an update to the Kent Comprehensive Plan which designates this area as SF-6 Single Family Residential. Along with the Land Use Plan Map and Policies, the plan also contains a target for the number of new households the City must accommodate for the 20-year time horizon of the plan. The GMA also states the City's development regulations must implement, and be consistent with the Comprehensive Plan. Higher density single family development with smaller lot sizes while recognizing significant environmental features is consistent with the goals and policies of the Comprehensive Plan. Upon annexation in 1996, zoning for the area was set at SR-4.5 which was , consistent with existing land use patterns and represented what was actually built at that time. Since that time significant improvements to roadway infrastructure in the immediate area were completed, specifically the South 272na/2771h Street Corridor located to the west of the site. This corridor provided roadway connectivity from the East Hill area of Kent to the valley floor and provides direct freeway access for residents coming off the Kent East Hill. In addition, the intersection of 1161h Avenue SE and Kent Kangley is being widened and realigned and 116`h Avenue SE is currently being widened south of SE 256`h Street in order to provide additional capacity to the 272"d/2771h Street Corridor. S. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Services Comment ' The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site will be required to meet applicable codes and regulations, including mitigation of anticipated environmental impacts. Page 10 of 11 Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 Therefore, the rezone proposal will not adversely affect the health, safety and Igeneral welfare of the citizens of the City of Kent. V. CITY STAFF RECOMMENDATION IUpon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL without conditions of the Meridian Banks rezone. i KENT PLANNING SERVICES January 11, 2006 LM:ch:S:\Permit\Plan\rezone\2005\2052281-2005-7report doc 1 Page 11 of 11 ICOMMUNITY DEVELOPMENT Fred N. Satterstrom, Director PLANNING SERVICES KENT Charlene Anderson, AICP, Manager WASHINGTON Phone 253-856-5454 Fax- 253-856-6454 Address- 220 Fourth Avenue S. Kent, WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 STAFF MEMO FOR HEARING EXAMINER MEETING OF May 10, 2007 FILE NO: Meridian Banks Rezone #RZ-2005-7 KIVA# 2052281 APPLICANT: Ted Nixon CNA Architects 10715 SE 2561h Street Kent, WA. 98030 REQUEST: A request to rezone 6.3 acres of property from SR-4.5 single family residential to SR-6, single family residential. STAFF REPRESENTATIVE: Lydia Moorehead, Planner I STAFF RECOMMENDATION: APPROVAL fNEW INFORMATION Pursuant to the Hearing Examiner's decision on the Meridian Banks Rezone SEPA Appeal (AP-2005-5), the proposed rezone and preliminary plat were considered together under a new environmental review (ENV-2005-7) A Mitigated Determination of Non-Significance was issued on January 19, 2007. Based on the combined environmental review of the proposed rezone and plat the City believes that the rezone request is consistent with the City's Comprehensive Plan and the rezone approval criteria contained in Section 15.09.050 KCC as outlined in the rezone staff report dated January 18, 2006. The City's recommendation on the rezone remains the same. KENT PLANNING SERVICES May 10, 2007 S:\Permit\Plan\rezone\2005\2052281-2005-7staff memo doc i I , i i I I f � f I /, v.y' 1 \i R 11 0* ' I 4 I � % � .• // �p g uj 1\ /♦ it _! s W 3ev taxizip war I- I wY I/ i•I I � � � � / / � f�iY�1 r0 it ow . kt"'"_Y�_�t`_p�� - 4 _��"ra'_-/- - _L• �o��as ai/• / °Irk• I @ G� CO in C-71 .t ew / o� 0- _ C9 nvwo �* nurusn Z C U nur°wn °i f � t �. U? Cn cu Y , tO s; LO LO - '� V KENT CITY OF KENT DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No #ENV-2005-41 Project- MERIDIAN BANKS KIVA #RPSA-2052278 REZONE Description: The applicant is requesting a Zoning Map Amendment (Rezone) for a 6 32-acre parcel The site is currently zoned SR-4 5 Single Family Residential The applicant has proposed a rezone to SR-6 Single Family Residential The City of Kent Comprehensive Plan Land Use Map designates the property as SF6, Single Family 6 Units/Acre Location: The subject property is located on the northern shore of Lake Meridian south of 2581h Street The address is 25840 1351h Lane SE and the subject property is identified by King County tax parcel number 2722059164_ Applicant: Ted Nixon CNA Architects 10715 SE 2567H Street Kent, WA 98030 Lead Agency City of Kent The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment An environmental impact statement (EIS) is not required under RCW 43 21 C 030(2)(c) This decision was made after review of a completed environmental checklist and other information on file with the lead agency This Determination of Nonsigrnficance is specifically conditioned on compliance with the conditions and mitigating measures described below This information is available to the public on request There is no comment period for this DNS. X This DNS is issued under 197-11-340(2). The lead agency will not act on this proposal for 28 days from the date of this decision; this includes a 14-day comment period followed by a 14-day appeal period as provided by WAC 197 11 680 Comments must be submitted by December XX, 2005. Responsible Official Kim Marousek, AICP Position/Title Principal Planner Address 220 S. Fourth Avenue, Kent, WA 98032 Telephone: (253) 856-5454 Dated November XX, 2005 Signature APPEAL PROCESS AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 11 03 520 CONDITIONS NONE Determination of Nonsignificance Meridian Banks Rezone #ENV-2005-41 1#2052278 S 1PermitlPlanlEnv1200512052278-2005-41 dns doc CERTIFICATE OF POSTING I, Kim Marousek, Responsible Official under the Washington Administrative Code (WAC) Chapter 197-11-788 and 910, and Kent City Code Chapter 1103 410 do hereby declare that the Determination of Nonsignificance, as described in this public notice, was duly posted on by a member of Kent Planning Services, on or near the site described therein Kim Marousek,AICP, Responsible Official i 1 i T 1 t 1 i Page 2 of 2 i COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson,AICP, Planning Manager • Phone 253-856-5454 Fax 253-856-6454 K E N T WASH I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document IMERIDIAN BANKS REZONE #ENV-2005-41 KIVA#2052278 iKim Marousek, AICP• Responsible Official Staff Contact- Lydia Moorehead 1. PROPOSAL The applicant is requesting a Zoning Map Amendment (Rezone) for a 6 32-acre parcel The site is currently zoned SR-4 5 Single Family Residential The applicant has proposed a rezone to SR-6 Single Family Residential The City of Kent Comprehensive Plan Land Use Map designates the property as SF6, Single Family 6 Units/Acre The subject property is located on the northern shore of Lake Meridian south of 258`h Street The address is 25840 1351h Lane SE and the subject property is identified by King County tax parcel number 2722059164 It. BACKGROUND INFORMATION Compliance with Kent's Comprehensive Plan (Ordinance 3222), the Washington State Growth Management Act (GMA), The Local Protect Review Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance 3117) and Concurrency Management (Chapter 12 11, Kent City Code) will require concurrent improvements or the execution of binding agreements by the Applicant/Owner with Kent to mitigate identified environmental impacts These improvements and/or agreements may include improvements to roadways, intersections and intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and domestic water systems Compliance with Kent's Construction Standards may require the deeding/ dedication of right-of-way for identified improvements Compliance with Title 11 03 and 11 06 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent. Compliance with the provisions of Chapter 6 12 of the Kent City Code may require provisions for mass transit adjacent to the site In addition to the above, Kent follows revisions to the Washington State Environmental Policy Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB 1724 and ESB 6094 i 1 Decision Document Meridian Banks Rezone ENV-2005-41, KIVA 2052278 III. ENVIRONMENTAL ELEMENTS t A. Earth The site slope vanes from five percent slope on the upper portion of the site up to 12 percent slope down to the shore of Lake Meridian Soils are described as sand loam and glacial till B. Water The site extends to the northern shore of Lake Meridian The proposed project is located in the Lake Meridian watershed, which flows into the Green River via Lake Meridian and Soos Creek. The site contains a wetland along the shore of Lake Meridian The proposed non project rezone will not impact the wetland; however future development on the site will require a delineation of the wetland and compliance with the Critical Areas Ordinance Subsequent project level environmental review, pursuant to SEPA, will be required for any development proposed on the site D Plants Existing vegetation includes water vegetation in/near the lake, grass and a variety of deciduous and evergreen trees E. Animals This site is adjacent to Lake Meridian which is known to provide habitat for salmonids (Kokanee) The Natural Marine Fisheries Service (NMFS) currently lists certain species of salmonids as threatened or endangered species The following wildlife have also been observed at the site bass, trout, turtles, frogs, raccoons, blue herons, falcons, non-nesting eagles, waterfowl, deer, osprey, snails, and coyotes It should be noted that the nearest known eagle nest is located approximately 1 mile south of the site This rezone will not cause significant and/or additional threat to habitat, however subsequent development could potentially create an adverse impact to habitat F Land and Shoreline Use This site is adjacent to Lake Meridian which is designated Urban - Lake Residential in the City s Shoreline Master Program The subject property is currently zoned SR-4 5, single family residential with a Comprehensive Plan Land Use designation of SF-6, single family six units per acre The property currently contains 18 cabins, one single family home, several out-buildings and a dock G. Housing Future development of the site under SR-6 zoning could potentially result in up to 38 dwelling units H. Transportation j The proposed rezone is consistent with the Comprehensive Plan land use designation for this site The City has generally evaluated transportation impacts through the Comprehensive Plan development process, consistent with the adopted land use map Therefore, this non project action will not create Page 2 of 3 Decision Document Mendian Banks Rezone ENV-2005-41, KIVA 2052278 significant adverse impacts to the transportation system Subsequent project level environmental review, pursuant to SEPA, will be required for any development proposal on this site IV. SUMMARY AND RECOMMENDATION A. It is appropriate per WAC 197-11-660 and RCW 43 21C 060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal Supporting documents for the following conditions and mitigating measures include 1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act 2. The State Shoreline Master Program and the Kent Shoreline Master Program 3 Kent City Code Section 7 07 Surface Water and Drainage code 4 City of Kent Transportation Master Plan, Green River Valley Transportation action plan and six-year transportation improvement plan 5 Kent City Code Section 7 09 Wastewater facilities master plan. 6 City of Kent Comprehensive water plan and conservation element 7. Kent City Code Sections 6 02 010 and 6 02 020 construction standards 8. Kent City Code Section 6 07 street use permit requirements 9 Kent City Code Section 14 09 flood hazard protection 10 Kent City Code Section 12 04 Subdivision Code 11. Kent City Code Section 12 05 Mobile Home Parks and 12 06 Recreation Vehicle Parks 12 Kent City Code Section 8 05 Noise Control 13 City of Kent Uniform Budding and Fire Codes 14 Kent Zoning Code 15 Kent City Code Section 7.13 water shortage and emergency regulations and Water Conservation Ordinance 2227 16 Kent City Code Sections 6 02 and 6 03 required public improvements. 17 Kent City Code Section 7 05 Storm and surface water drainage utility 18, City of Kent comprehensive sewer plan 19. City of Kent Fire Master Plan 20. City of Kent Critical Areas Ordinance. 21. City of Kent ESA Response Resolution 1605. B. A Determination of Nonsignificance (DNS) is issued for this proposal. KENT PLANNING SERVICES November 18, 2005 S`1Permit\Plan\Env1200512052278-2005-41 doc Page 3 of 3 1 rREPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT rB. MAYOR r C. OPERATIONS COMMITTEE 1 D. PARKS AND HUMAN SERVICES COMMITTEE rE. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE r ' F. PUBLIC SAFETY COMMITTEE 1 G. PUBLIC WORKS H. ADMINISTRATION r r rREPORTS FROM SPECIAL COMMITTEES r r 1 r 1 r KEN T WASHINGTON OPERATIONS COMMITTEE MINUTES ' OCTOBER 16, 2007 ' Committee Members Present- Debbie Raplee, Deborah Ranniger and Tim Clark Agenda Item No. 3 - Official Newspaper of the City of Kent - Resolution was pulled from the ' agenda. One item was added to the agenda, to wit: HVAC Project Replacement Agreement. The meeting was called to order by Chair Tim Clark at 4.04 p.m. ' 1. APPROVAL OF MINUTES DATED SEPTEMBER 18, 2007 Debbie Raplee moved to approve the minutes of the September 18, 2007, Operation Committee meeting. Deborah Ranniger seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED SEPTEMBER 30, 2007 rFinance Director Bob Nachlinger presented the vouchers for September 30, 2007, for approval. Deborah Ranniger moved to approve the vouchers dated September 30, 2007. Debbie Raplee seconded the motion, which passed 3-0. 3. HEATI_NG, VENTILATION, AND AIR CONDITIONING, (HVAC), SYSTEMS REPLACEMENT PROJECT - CONSULTATION SERVICES AGREEMENT WITH MCKINSTRY rFacilities Superintendent Charlie Lindsey presented the Heating, Ventilation, and Air Conditioning, (HVAC), Systems Replacement Project - Consultation Services Agreement. Mr. Lindsey advised that McKinstry was selected as an ESCO Company through RFQ process to perform a detailed engineering study regarding replacement of the City's HVAC equipment due to fail in the next ten years. Following the study the City will have a budgetary number identifying the replacement cost. Questions were raised by the Committee and Mr. Lindsey addressed those questions. Debbie Raplee moved to recommend Council approve the HVAC Systems Replacement Project Consultant Services Agreement, subject to review by the City Attorneys Office, and place it onto the City's Council's Consent Calendar for its November 6, 2007, meeting. Deborah Ranniger seconded the motion, which passed 3-0. The meeting was adjourned at 4:09 p.m. Renee Cameron Operations Committee Secretary 1 Parks and Human Services Committee Meeting Minutes September 20, 2007 `7 KENT w.,,.,,G.o. ' Call to Order: Debbie Ranniger called the meeting to order at 6:03 p.m. Council Present: Chair Debbie Ranniger, Bob O'Brien ' Item #1: Minutes of July 19, 2007 - Approve Motion: Bob O'Brien moved to approve the minutes of July 19, 2007. Debbie Ranniger seconded in concurrence for Debbie Raplee. The motion passed 3-0. 1 Item #2: Public Defense Services Contract Amendment - Authorize The Public Defense Services (Indigent Counsel) contract will be increased by $40,000.00 for the period of July 1 , 2007 - Dec. 31 , 2007 to compensate Stewart, Beall, MacNichols and Harmell for additional services being required by the Kent Municipal Court The Court is requiring Indigent Counsel to be present at all arraignments. The Court has also added additional calendars to the schedule resulting in an increased number of defendants being served by Indigent Counsel. The additional services include 4 - 8 additional court calendars per month, and 180+ arraignments per month. Motion: Bob O'Brien moved to recommend council authorize the Mayor ' to sign the Public Defense contract amendment for the period of July 1 - December 31 , 2007, to increase funding by an additional $40,000.00 for new services. Debbie Ranniger seconded in concurrence for Debbie Raplee. The motion passed 3-0. Item #3: King County Domestic Violence Grant for Safe Havens - Authorize The King County Grant funds in the amount of $50,000.00 will be used to provide services to low income families at the Safe Havens Visitation and ' Exchange Center. Funds will be used for personnel costs, rent, utilities and supplies. Motion: Bob O'Brien moved to recommend council authorize the Mayor to sign the King County Domestic Violence Grant Agreement, accept the $50,000.00 to fund Safe Havens services, and approve the expenditure of funds in the Safe Havens budget. Debbie Ranniger seconded in concurrence for Debbie Raplee. The motion passed 3-0. I Parks and Human Services Meeting Minutes 9/20/07 Page 2 ' Item #4: Safe Havens Fees for Services - Accept and Amend Budget The Safe Havens Visitation Center collects intake and visit fees from each family that uses the service. The fees will be used for materials, supplies and training for the center and to provide scholarships to families that cannot pay the intake fee. Motion: Bob O'Brien moved to recommend council accept the fees for service and authorize the expenditure of funds for the Safe Havens Visitation and Exchange Program. In concurrence for Debbie Raplee, , Debbie Ranniger seconded. The motion passed 3-0. Item #5 Washington State DSHS Access and Visitation Grant for Safe Havens - Accept and Amend Budget The State of WA DSHS Grant funds in the amount of $32,664.00 were accepted in January 2007. The actual contract was for $40,830.00 with a ten percent in-kind match, leaving $36,747.00 to be used to provide , services to low income families at the Safe Havens Visitation and Exchange Center. Funds will be used for personnel costs, rent, utilities and supplies. Motion: Bob O'Brien moved to recommend council accept the State of Washington DSHS Grant of $8,184.00 and approve the expenditure of ' funds in the Safe Havens budget. Debbie Ranniger seconded in concurrence for Debbie Raplee. The motion passed 3-0. Item #6: Human Services Commission Ordinance Amendment - Adopt , The Human Services Commission was created by Council's adoption of Ordinance No. 2655 on September 3, 1986. A youth representative has , served on the Commission since 2006, however the code has not yet been revised to recognize this membership position, to grant voting rights, or to establish a term limit. The revised ordinance will also grant voting rights to the member representing the human services provider organization and extend the position's term to three years to make the position consistent with other members. The commission would like to amend the code provisions to establish that at the end of the current chairperson's term, the chair-elect would assume the role of chairperson for the following year. Lastly, the ordinance makes other housekeeping , revisions for clarity. Motion: Bob O'Brien moved to recommend council adopt the proposed ordinance which amends chapter 2.53 of the Kent City Code, entitled "Human Services Commission," to expand the commission's size, to re- define member voting roles and term limits, and to make other ' 3 Parks and Human Services Meeting Minutes 9/20/07 Page 3 housekeeping revisions. Debbie Ranniger seconded in concurrence for Debbie Raplee. The motion passed 3-0. Item #7: 2008 Washington State Arts Commission Grant - Accept and Amend Budget Washington State Arts Commission (WSAC) has awarded the Kent Arts Commission a general operating support grant. Kent Arts Commission will use the funding to support the presentation of arts and cultural activities at Kent's 2008 Cornucopia Days. Bob O'Brien moved to recommend council accept the Washington State Arts Commission grant for $6,750 00 and approve the expenditure of funds in the Kent Arts Commission's budget. Debbie Ranniger seconded in concurrence for Debbie Raple. The motion passed 3-0. Item #8: 2007 2008 Washington State Arts Commission Grant - Accept and Amend Budget Between April and June 2007, the City of Kent received a total of $47,925.00 from three developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in seven subdivisions: • Clark Lake Park Budget: $24,975.00 for Hultquist development • Clark Lake Park Budget $1 1 ,925.00 for Michael Sharp development . Arbor Heights 360 Budget $11 ,025.00 for Nick's Place development ' Motion: Bob O'Brien moved to recommend council accept $47,925.00 in fee-in-lieu funds for the second quarter of 2007, and authorize the expenditure of funds in the Clark Lake and Arbor Heights 360 budgets. Debbie Ranniger seconded in concurrence for Debbie Raplee. The motion passed 3-0. Item #9: 2008 Washington State Arts Commission Grant - Accept and Amend Budget. Boeing Rock is a picnic area along the Green River Trail south of Three Friends Fishing Hole. The area leading to the picnic area was overgrown with weeds. To enhance this area and give it more visibility, staff created a planting and trail plan, which was proposed to The Boeing Company as a possible community service project. On April 21 , 2007, thirty-one volunteers planted and mulched 1 1 3 native plants and laid a 60-foot gravel path from the Green River Trail to Boeing Rock. They contributed 55.25 hours with a value to the City of $663. Volunteers collected empty gallon jugs so staff could install a "milkjug irrigation" system because Parks and Human Services Meeting Minutes 9/20/07 Page 4 there was no water at the site. Pin-prick holes were punched in the bottom of the jugs, which were filled with water and staked near the plants to slowly drip out. Maintenance workers monitor and refill the jugs as necessary. ' Staff submitted a grant request to the King Conservation District (KCD) for Reimbursable Grant funds for the cost of the native plants and gravel , on July 2, 2007. The grant request was approved by the King Conservation District Board on July 30, 2007. The grant funds reimbursed the City of Kent for the cost of the native plants and gravel. ' Motion: Bob O'Brien moved to recommend council accept the $697.29 grant from King Conservation District for Green River Trail Improvements ' and authorize the expenditure of funds in the Adopt-a-Park budget. Debbie Ranniger seconded in concurrence for Debbie Raplee. The motion passed 3-0. Item #10: Town Square Plaza Update - Informational , Town Square Plaza is being constructed between 2nd Avenue between Harrison and Smith. To date the intersection at Harrison and 2nd is open. , The Plaza should be complete in December and amenities include • 2nd Ave between Harrison & Smith complete and open • 2nd & Harrison intersection complete and open ' • Rotary Granite Ball % of the way complete • Underground utilities complete • Plaza concrete starting Monday 9/24 ' • Planter Seat Walls built Item #11: Boat Launch Update - Informational f Boat Launch Project • Oct I - 5: Mobilization & Demolition , • Oct 8 - 9: Dredging • Oct 9 - 22: Form & Pour Launch Ramp • Oct 24 - 25: Install Floats & Pile • Oct 26-Nov 2: Sidewalk, Asphalt Parking lot • Week of Nov 5. Demobilize , Weather permitting, the project should be complete by the end of the month. , Outlet Stream Habitat Project • Work completed to date Utility Relocation, Footings, Foot Bridge , • Sept - Oct Downstream Grading, Weir & Wall Construction • Nov - Dec Curb & Gutters, Planting 5 Parks and Human Services Meeting Minutes 9/20/07 Page 5 Public Meeting - Kent is the only city in area not charging a boat launch fee. Survey conducted most cities charge $5-1 Sl 7 per launch and offer an annual pass between $10 and 100. Staff currently looking at payment mechanism and enforcement. Staff was directed to proceed with fee research. Bob O'brien wants staff to make sure it is worth charging fees, as far as Park and Police staff time. Debbie Ranniger asked that the process remain simple and to keep staff ' costs down. Item #12 Monthly What's Happening in Parks - Informational Victoria Andrews has done a greatjob in organizing fall volunteer events. National Public Lands Day Saturday, September 29, 2007 9-00 AM - 12 noon Lake Fenwick Park 25828 Lake Fenwick Road, Kent, WA 98032 ReLeaf Saturday, October 13, 2007 9 00 AM - 12 noon Clark Lake Park (South Entrance) SE 248th Street, Kent, WA 98030 Make A Difference Day Saturday, October 27, 2007 9-00 AM - 12 noon West Fenwick Park 3824 Reith Road (at 42nd Ave S), Kent, WA 98032 1 Oth Anniversary of the Spotlight Series. This is the first year for online ticket purchases ands the process is going very well. Contact www.kentarts.com for tickets. ' The meeting adjourned at 6 03 p.m. Res pectfu Ilya u bm itted, Committee Secretary Parks and Human Services Committee 1 Page 1 City of Kent Parks and Human Services Committee Meeting Z KENT Minutes of October 18, 2007 ' Council Present: Chair Debbie Ranniger, Debbie Raplee, Elizabeth Albertson for Bob O'Brien Call to Order: Debbie Ranrnger called the meeting to order at 5:03 p.m. Item 1: Approve the Meeting Minutes of September 20, 2007. Debbie Raplee moved to approve the minutes of September 20, 2007. Elizabeth seconded and the motion passed 3-0. Item 2: 2008 - 2012 Community Development Block Grant (CDBG) Consolidated Plan and 2008 Action Plan with Funding Allocations - Approve On September 19, 2007, the City of Kent published a public notice letting the community know the Draft 2008 - 2012 Consolidated Plan including the 2008 Action Plan was available for review and comment for a period of thirty (30) days. On October 18, 2007, the Human Services Commission held a public hearing for the purpose of taking comments on the Consolidate Plan including the annual Action Plan. The Commission also reviewed and approved recommendations for CDBG funding for 2008. A description of each program is included in the Action Plan for your review. As in past years, a major portion of the CDBG funds is recommended to ' support the City's Home Repair Program. This program continues to serve many low- income, disabled and senior homeowners in Kent by providing needed repairs. The program also guarantees that some of Kent's low/moderate-income housing stock is maintained and preserved. The $800,000.00 in the CDBG Consolidated Plan is an estimate based on the U.S. Department of Housing and Urban Development (HUD) 2007 budget. ' The amount of money Kent may receive could change depending upon the final federal appropriations bill Congress passes in the fall. Therefore, the recommended ' funding includes a contingency plan to address any potential fund changes that may occur when Congress adopts the 2008 budget. The Consolidated Plan and Annual Action Plan is required by HUD and identifies the strategies and goals the City will ' focus on. Elizabeth Albertson moved to recommend Council authorize the Mayor to execute the appropriate certifications and agreements for the proposed 2008 - 2012 Community Development Block Grant Consolidated Plan and 2008 Action Plan with funding allocations. Debbie Raplee seconded and the motion passed 3-0. Page 2 ' Item 3: State of Washington DSHS Grant Agreement for Safe Havens ' Services - Authorize The State of Washington, DSHS Access and Visitation Grant of $14,520.00 to fund Safe Havens services includes a 1011/6 match for a total reimbursable amount of $13,200.00. Grant funds will be used for program costs to provide services to low ' income families at the Safe Havens Visitation and Exchange Center. Debbie Raplee moved to recommend Council authorize the Mayor to sign the DSHS t grant agreement with the State of Washington for $13,200.00 to fund Safe Havens services and approve the expenditure of funds in the Safe Havens budget. Elizabeth Albertson seconded and the motion passed 3-0. , Item 4: Federal Department of Justice Grant Agreement for Safe Havens Services - Authorize ' In January of 2003, the City of Kent received a 3-year, $500,000.00 grant from the Federal Department of Justice Office for Violence Against Women (OVW) to establish , a supervised visitation and safe exchange program for families impacted by domestic violence, child abuse, sexual assault, and stalking. Subsequently, in 2004 an additional 200,000.00 was awarded and in 2005, another $200,000.00. Recently, the ' city received an additional $250,000.00 in support while staff develops sustainable funding. Debbie Raplee moved to recommend Council authorize the Mayor to sign the grant , agreement with the Federal Department of Justice for $250,000.00 to fund Safe Havens Services and approve the expenditure of funds in the Safe Havens Budget. , Elizabeth Albertson seconded and the motion passed 3-0. Item 5: 2007 Third Quarter Fee-in-Lieu Funds — Accept and Amend Budget ' Between July and September 2007, the City of Kent received a total of $50,400.00 from three developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in three subdivisions: • 272nd Neighborhood Park Budget: $10,575.00 for Forest Ridge Court LLC , • 132nd Avenue Park Budget: $18,825.00 for Jacob Homes LLC • Turnkey Park Budget: $21,000.00 for Harbor Homes Inc. Ordinance 2975 requires developers to dedicate park and open space land in ' proximity to new construction sites or to pay "fee-in-lieu" funds. The fee is based on assessed land values. Elizabeth Albertson moved to recommend Council accept the $50,400.00 fee-in-lieu funds and approve the expenditure of funds in the 272rd Neighborhood Park , 132nd Avenue Park and Turnkey budgets. Debbie Raplee seconded and the motion passed 3-0. Page 2 , Page 3 Item 6: King Conservation District (KCD) Grant Agreement for Three Friends Fishing Hole — Accept and Amend Budget ' Staff submitted a grant request to the King Conservation District for Member Jurisdiction & WRIA Forum Reimbursable Grant funds on July 19, 2007. The grant request was approved by the King Conservation District Board March 10, 2006. The funds were used to plant native trees and shrubs adjacent to the three retention ' ponds and perimeter of Service Club Park. This work was completed by Park staff and volunteers during the October 2005 Make A Difference Day and April 2006 Arbor Day volunteer events. ' Debbie Raplee moved to recommend Council authorize the Mayor to sign the King Conservation District reimbursable grant agreement for $10,557.93 to fund the Three Friends Fishing Hole Planting project and approve the expenditure of funds in the Three Friends Fishing Hole budget. Elizabeth Albertson seconded and the motion passed 3-0. ' Item 7: Kiwanis Club of Meridian-Kent Donation for Service Club Ball Park — Accept and Amend Budget The $5,168.66 from Kiwanis Club of Meridian-Kent is final payment from the original pledge of $35,000.00 from the three local Kiwanis Clubs to support construction of the Service Club Ball Park. In recognition of these donations, playfields and the play ' area were named for each club. The park was dedicated on November 4, 2006. Elizabeth Albertson moved to recommend Council accept the $5,168.66 donation from Kiwanis Club of Meridian-Kent, and approve the expenditure of funds in the Service Club Ball Park budget. Debbie Raplee seconded and the motion passed 3-0. Item 7: Aquatic Center Update Staff and Steering Committee members are attending neighborhood meetings, Service ' Club Meetings and public meetings to gather input from residents. Information boards are displayed around the city at numerous facilities. For convenience, an online Comment Card is also available for residents to submit. Staff will conduct a presentation at the City Council Workshop on November 20. _Item 8: What's Happening in Parks ' ■ Halloween party at Kent Commons Saturday, October 27, 3:00 - 6:00 p.m. ■ Third Quarter Department report is attached. It's full of impressive projects and programs. ■ Aquatic Program at Lake Meridian was very successful this year, assisting 55,777 participants, as part of the 12 week program. ' Page 3 Page 4 ■ Parks Fund Development Coordinator Victoria Andrews reported on numerous ' volunteer projects: National Public Lands Day(s) at Lake Fenwick on September 29: 144 volunteers participated, including REI, Home Depot, Target and Earth Core donated in value 6,012 72 of volunteer time. Home Depot also donated supplies totaling $15,388. ReLeaf at Clark Lake Park on October 13: 60 volunteers signed up for ' the event, including church members, Scouts, and the Key Club Environmental Action Club from Kent Meridian High School. Efforts concentrated on providing a natural habitat for returning Coho salmon. , Make A Difference Day is October 27, 9:00 a.m. - 12:00 p.m. Volunteers will pull Scotch broom and berry bushes. 60 volunteers are currently registered. To register for volunteer events online, go to vandrews@ci.kent.wa.us, ' or call (253) 856-5113. The meeting adjourned at 5:28 p.m. ' Respectfully submitted, Teri Petrole Council Committee Secretary , Page 4 , IKENT ' CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES October 9, 2007 ' COMMITTEE MEMBERS: Ron Harmon, Bob O'Brien, and Les Thomas, Chair • The meeting was called to order by Chair Les Thomas at 5:00 PM. • Ron Harmon's absence was excused and Debbie Raplee attended in his place. 1. Approval of Minutes Debbie Raplee moved to approve the minutes of the September 11, 2007 meeting. The motion was seconded by Bob O'Brien and passed 3-0. ' 2. Homeland Security Sub-Grant, $2,200 - ACCEPT and AUTHORIZE Fire Chief Jim Schneider reviewed the proposed use of grant funds for a moulage training class. ' Debbie Raplee moved to accept the Homeland Security Sub-grant and authorize the Mayor to sign. The motion was seconded by Bob O'Brien and passed 3-0. 3. Homeland Security Sub-grant, $50,000 - ACCEPT and AUTHORIZE Chief Schneider reviewed the proposed use of grant funds for the CERT "bulk buy" program. Bob O'Brien moved to accept the Homeland Security Sub-grant and authorize the Mayor to sign. The motion was seconded by Debbie Raplee and passed 3-0. ' 4. King County Community Organizing Program mini-grant, $2,000 - ACCEPT Police Chief Steve Strachan reviewed the proposed use of grant funds for the Game of Life Youth Conference. Debbie Raplee moved to recommend that Council accept the King County Community Organizing Program mini-grant in the amount of $2,000 and place this on the Consent Calendar of the October 16, 2007 Council Meeting. ' The motion was seconded by Bob O'Brien and passed 3-0. S. Amendment No. 1, Renton Technical College Consultant Services Agreement — AMEND and AUTHORIZE ' Chief Strachan introduced Research and Development Analyst Debra LeRoy. She reviewed the services provided to inmates at the City of Kent Corrections Facility by RTC. ' Bob O'Brien moved to recommend placing the Amendment No. 1 of the Consultant Services Agreement between the City of Kent and Renton Technical College on the Consent Calendar of the October 16, ' 2007 Council Meeting, amending the budget, and authorizing the Mayor to sign the Amendment. The motion was seconded by Debbie Raplee and passed 3-0. 6. School zone safety, Flashing beacons in school zones, Walk to School event 10/3 — INFO ONLY ' Chief Strachan and Debra LeRoy reported that 7 of 10 flashing beacons to aid in school zone safety have been installed to-date and they talked about participating in the Walk to School event. ' 7. Police Recruitment and Hiring Update — INFO ONLY Chief Strachan introduced Lt. Lisa Price who reported on the hiring status for entry level and lateral police officers, a transitional process for corrections ' officers who want to become police officers and a proposed cadet program. Both of them expressed appreciation for council members' support of the hiring process for police officers, to include hire-ahead approval. S. Special Olympics of Washington Red Robin Tip-a-Cop event — INFO ONLY ' Chief Strachan shared information about the annual fund-raising event held at the Kent Red Robin restaurant on 9/29. Kent Police Officers served meals to customers in a successful effort to raise funds for Special Olympics of Washington. The meeting adjourned at 5:45 PM. , Jo Thompson Public Safety Committee Secretary Public Safety Committee Minutes 2 October 9,2007 ' 1 PUBLIC WORKS COMMITTEE MINUTES ' OCTOBER 01, 2007 ' COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron Harmon and Tim Clark were present The meeting was called to order at 5.02 p m. ITEM 1- Approval of Minutes Dated September 17, 2007 Committee Member Clark moved to approve the minutes of September 17, 2007. The motion was seconded by Harmon and passed 3-0. ' ITEM 2 — Parriott Short Plat/Release of Easement: Tim LaPorte, Deputy Public Works Director explained that this is a typical easement release for a ' pending application The property was recorded in 178, the property owner proposes to reconfigure the property. No lots will be land locked. The Parriott subdivision requires the applicant to obtain the release of this easement per the Hearing Examiners finding dated, August, 1 2007, paragraph 11 (c). t Committee Member Harmon moved to recommend Council authorize the Mayor to request Public Works staff, to record release of said easement. The motion was seconded by Clark and passed 3-0. tITEM 3— Sewer Comprehensive Plan & Drainage Master Plan Public Involvement Specialist Contract: Mark Howlett, Design Engineering Manager, explained that the Drainage Master Plan and Sewer ' Comprehensive Plan are assessments of the City's watersheds, stormwater, and sewer programs. The Public Involvement Specialist will have the responsibility of facilitating open house events, forming g and facilitating a Citizen Advisory Group for the Drainage Plan, and providing publication ' flyers and website information on the projects. Results from the Drainage and Sewer Master Plans will establish a basis for capital improvements, maintenance, and program needs for the City's respective programs. The consultant contract agreement with Norton Arnold and Company, in the amount of $70,778 for the public involvement tasks will allow City staff to work with Kent citizens to ' complete the drainage and Sewer Master Plans. ITEM 4 — Information Only/LID Sewer at Military Road & Derbyshire: ' Mark Howlett, Design Engineering Manager gave a brief PowerPoint Presentation highlighting the Military Road and Derbyshire potential sanitary sewer Local Improvement Districts areas. Information Only- No Motion Required Item A. Committee Follow-up Items: ' Item B. Public Comment Follow-up Items: Item C. Access Modifications due to Construction: ' Adiourned: The meeting was adjourned at 5:30 p m. ' Next Scheduled Meeting: Monday, October 15, 2007 at 5:00 p.m. ' Cheryl Viseth, Public Works Committee Secretary ' Page 1 of 1 V\VWCommittee\Minutes\PWMinutes 10 1 07 dot ' 1 PUBLIC WORKS COMMITTEE MINUTES ' OCTOBER 15, 2007 t COMMITTEE MEMBERS PRESENT, Committee Chair Debbie Raplee and Committee Member Ron Harmon were present Tim Clark arrived late. The meeting was called to order at 5:10 p.m. ' Committee Chair Raplee wanted it noted that she had Tim Clark's concurrence on all Items. ITEM 1- Approval of Minutes Dated October 1, 2007 Committee Member Harmon moved to approve the minutes of October 1, 2007. The motion ' was seconded by Raplee and passed 3-0, with council member Clark's concurrence. ITEM 2 — Acceptance of SKCAC Industries MOU: Mike Mactutis, Environmental Engineering Manager, introduced Mark Kantonen, Executive Director of SKCAC Industries. Mark explained that SKCAC Industries is a non-profit contract manufacturer established in 1967, and provides employment for people with developmental disabilities SKCAC works in partnership with over 70 customers annually, representing multiple industries, and performs a wide range of manufacturing, packaging and fulfillment services. Mike went on to explain how polystyrene, better know as styrofoam, is a significant solid waste ' problem, consuming a huge amount of space in our landfills and does not easily biodegrade. Despite the growing demand for recycled styrofoam, there are no businesses actively recycling styrofoam in Western Washington. Using existing technology, and with some assistance from partners, SKCAC ' Industries proposes to create a self-sustaining social enterprise that can provide up to 200 Fl-E jobs. Committee Member Harmon moved to recommend City Council authorize the Mayor to sign the Memorandum of Understanding to signify the City's support for SKCAC Industries in establishing a styrofoam recycling program. The motion was seconded by Raplee and passed 3-0, with council member Clark's concurrence. ITEM 3— Pipeline 5 Intertie PRV Station Telemetry and Control Building Project: Mark Howlett, Design Engineering Manager, explained that after the City of Tacoma constructed Pipeline No. 5, the City of Kent constructed PRV Stations and a 24" water main Intertie to connect the City of Kent's water system to Tacoma's Pipeline No.5 water system for future water use as needed by City's water customers. ' In summary, this project was competitively bid with two contractors submitting bids. Both bids were close in comparison; however, the low bid was over the Engineers Estimate by $104,141. This higher than expected cost can be attributed to the specialty nature of this type of project and the current bidding climate. Committee Member Harmon moved to recommend awarding the Pipeline 5 Intertie PRV Station Telemetry and Control Building Project to Rodarte Construction Inc., in the amount ' of $288,288.09 and authorize the Mayor to sign the Contract for same. The motion was seconded by Raplee and passed 3-0, with council member Clark's concurrence. ' ITEM 4 — Information Only/Transportation Master Plan (TMP) Update: Cathy Mooney, Transportation Planner, gave an informative update on how the Transportation Master Plan Open Houses went 130 people attended the Open House at Green River Community College, Kent and approximately 50 people attended the one at the Kent Senior Center In the past three ' weeks she has received 240 of the small comment cards back. She will be getting that information out to council members as soon as all the comments are entered. You can still comment by going to www.ci.kent.wa.us\transportation\tmg coin. tInformation Only- No Motion Required Page 1 of 2 U•\PWCommittee\Minutes\PWMlnutes 10 107 doc 2 , PUBLIC WORKS COMMITTEE MINUTES OCTOBER 15, 2007 , ITEM 5 - Information Only/Transit Now Partnership: Cathy Mooney, Transportation Planner, gave an update on what the Transit Now Partnership is. Information Only- No Motion Required ' ITEM 6 - Information Only/FEMA Flood Hazard Maps: Mike Mactutis, Environmental Engineering Manager briefly went over FEMA Flood Hazard Maps explaining what it means for the City of Kent. If you have questions you can go to www.metrokc.gov/dnrp/wlr/flood/dfirm . Item 7 - Information Only/2007 Government Employer of the Year Award: Larry shared with committee members that the Engineering Department won the 2007 Government Employer of the Year Award, giving special recognition to Charlotte Miller, Frank Grewell, Cheryl Viseth and AFSCME Local 2617 for their dedication in making this ' program such a great success. Information Only- No Motion Required ' Item A. Committee Follow-up Items: Item B. Public Comment Follow-up Items: ' Item C. Access Modifications due to Construction: Adiourned: ' The meeting was adjourned at 6:24 p.m. Next Scheduled Meetina: ' Monday, November 5, 2007 at 5:00 p.m. Cheryl Viseth, Public Works Committee Secretary ' Page 2 of 2 U\PWCommlttee\Minutes\PWMmutes 10 0107 dot CONTINUED COMMUNICATIONS A. i EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION i I