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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/16/2008 1 A uOw" EN DA ,P `_ C �,, . c, NY � , fa ;C '° ;� �' ...... ty...... of "P II( �6 I if �Yrtk€ ! nt ppp (�'i' ; yl° Ity Cuun 14 lw�s 5 HL e ,i F_1 1.�"'a rf' Pkfl' 1;164l' � i ( ��(d;;r,i hn", September- , 2000 j ik�9n@ � ayp" Mayor Suzette Cooke of Debbie Raplee, Council Pre id nt Councilmerrshers Elizabeth Albertson Ron Harden Tim dark Deborah Rlanniger Jamie Danielsen Les Thomas KENT WAS H IN G R O N City Clerk's QffIC£' , �� KENT CITY COUNCIL AGENDAS • KEN T September 16, 2008 WASH NGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas ********************************************************************** SPECIAL COUNCIL WORKSHOP AGENDA 5:00 P.M. Item Description Speaker Time 1. Proposed Fees Bob Nachlinger 45 minutes 2. 2009 Capital Budget Bob Nachlinger 15 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. Employee of the Month D. Employee Recognition E. Proclamation - Day of Concern for the Hungry F. Proclamation - National Public Lands Week at Turnkey Park G. Kent4Health Recognition 5. PUBLIC HEARINGS A. 2009 Budget, First Public Hearing C. 2009-2014 Capital Improvement Plan, First Public Hearing ' 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. 2008 Technology Plan - Approve (Continued) COUNCIL MEETING AGENDA CONTINUED D. Communications Technology Infrastructure Master Plan, Phase III - Authorize E. Washington Association of Sheriffs and Police Chiefs, Graffiti & Taggers Abatement Grant - Accept and Establish Budget F. Edward Byrne Memorial Justice Assistance Grant - Accept G. Washington Traffic Safety Commission Illegal Street Racing Emphasis Grant - Accept H. Washington Traffic Safety Commission "X-52: Sustained Enforcement, DUI and Speeding Traffic Safety Emphasis" - Accept I. Active Network Online Utility Payment Implementation - Authorize 7. OTHER BUSINESS A. Limited Tax General Obligation Refunding Bonds Ordinance 8. BIDS None ✓9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. nv°a� y0 ° avo >�L � °°� � v � a, v,� ra �� E ro ° v D4 c6 C C a1 Ry} pp v ro v � L1 C ^_� C pdq ro rp sbD Q a� �r acvoso ov > auray� ��0 °� _c c o y c u ro o u > v ro O °c°aoy 0 Eroc 6 = .t E-T::* apv m > > • - = 7 0 ° E °1 v U v ro C L L m p L Q U Qv � U ffi ° Q >•� � ---aaE� v7EsaOpoo .c vV • y� O = ° a� L 7 L v 3 E ro A b� oowcvov d ao Uov oao E'6 C 7-0 v'^ ° c �? 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Kent, WA 98032-5895 TO: KENT CITY COUNCIL MEMBERS FROM: JEFF WATLING, DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES SUBJECT: SEPTEMBER 16, COUNCIL WORKSHOP - POTENTIAL PARK IMPACT FEES The following bulleted information provides an overview of the potential implementation of a Park Impact Fee in Kent. An informational discussion with the Parks and Human Services Committee took place on July 17. • Local agencies are granted authority to implement a Park Impact Fee through RCW 82.02, the same RCW that grants authority for a Transportation Impact Fee. • A Park Impact Fee is a one-time payment by new development (residential only) for the Capital costs of park facilities needed by that new development. The fee must be shown to be Fair and Proportional. • Would need to determine a Level of Service Methodology. That would be done so within a Rate Study that also provides the technical support for the proposed fee as required within the RCW. • Implementing a Park Impact Fee would represent a shift from the current Fee-in Lieu Program. Some of the differences include: FEE IN LIEU Program PARK IMPACT FEE • Based on sub-division . Based on proportional share of requirements within City broader public park system Development Regulations. impacts of new development. • Mitigates for ON-SITE recreation • Addresses the OFF-SITE "system" need of new development. impacts to public parks and trails. • Fee is paid as an alternative to • Program can be implemented in providing on-site recreation within parallel with the on-site sub- the new sub-division. division requirements. • Next steps would be to complete the Rate Study. Pending Council direction, implementation would be mid-year 2009. OFFICE OF THE MAYOR Suzette Cooke, Mayor KENT W•D NINOTON MEMORANDUM Date: September 11, 2008 To: City Council Members From: Mayor Suzette Cooke Re: 2009 Fees Dear Council Members: I am read to begin discussions with you regarding fees for 2009 as art of Y 9 Y 9 9 p our annual budget process. The proposed fees are the result of work by our city staff and citizen volunteers who provided input to our utility master plan. The enclosed packet outlines the proposed fees associated with development, including planning, building, public works and fire. With the exception of those for public works, the proposed fees reflect the CPI adjustment for the last two years. These fees were not increased during that period, and costs are outpacing revenues. Also outlined are the proposed utility rates for drainage and water, as well as their associated systems development charges. The utility rates were developed by determining the long-term needs of Kent's drainage and water systems. Master plans for both systems were prepared this year and incorporate new state and federal regulations. The completion of these master plans resulted in a list of Capital Improvement Projects that are necessary to ensure Kent meets the requirements of the Department of Ecology's National Pollution Discharge System Permit, the National Fire Code and Washington Department of Health regulations. 1 I have not included in this packet any proposed transportation fees. Those details will be delivered to you in advance of the September 23 workshop. At that same workshop I will also present Park Impact Fees for your consideration. An outline of the program is enclosed. Park impact fees would replace the "fee in lieu of program" we currently apply. Here's a snapshot of our discussion schedule: September 16 - Development fees Utility rates (if time allows) September 23 - Utility rates Transportation fees Park impact fees I look forward to a robust discussion on these proposed rates and fees as we work towards determining the 2009 budget. Respectfully, C=; Suzette Cooke, Mayor 2 CHANGES TO THE AGENDA Citizens wishingto address the Council will at this time make known the . subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF YW s B) FROM THE PUBLIC JZ PUBLIC COMMUNICATIONS A PUBLIC RECOGNITION B) COMMUNITY EVENTS C) EMPLOYEE OF THE MONTH D) EMPLOYEE RECOGNITION Y E) PROCLAMATION - DAY OF CONCERN FOR THE HUNGRY F PROCLAMATION - NATIONAL PUBLIC LANDS WEEK AT TURNKEY PARK G) KENT4HEALTH RECOGNITION Pa,„ ' a.-A-" wvicd 44AJ0_AL d_d +o . �drl 1 `� P'ROCL.ANATION 'Whereas, the City of Scent recognizes adequate nutrition as a basic goal for each citizen; and 'Whereas, no parent should have to send a child to schooC hungry, no baby should be without the comfort of the feedings needed for mental andphysicaC growth, no elderly person's health should be jeopardized by lack of appropriate foods; and 'Whereas, food banks, emergency and hot meal programs stretch resources and strive each day to stem the rising tide of hunger, but still need more help; and 'Whereas, we believe that when Scent citizens Cearn of the especially serious needs of the hungry as winter approaches andbudgets are stretchedfurther to cover increasing fuel; electricity and rentaC costs--an outpouring of community assistance wiCCfoCCow; and 'Whereas, the Emergency Feeding Program coorXinates an annual food drive to help support the efforts of their_program and the area's food banks in fighting hunger, and will be held at grocery stores throughout Sling County on Saturday, September 27, 2008, .NOV THEREgORE, I, Suzette Cooke, Mayor of Scent, do fiereby proclaim September 27, 2oo8 as Daly OF CONCERNFOR THE HUNgRy in the City of Scent, -Washington, and I encourage all citizens to join with the Emergency good Program and our food banks to help feed those who are hungry. Donate food and voCunteer far a shift at a participating store on September 27 . In witness whereof, I have hereunto set my hand and caused the seal of Scent to be affixed this 16th day of September 2oo8. tte Cooke, Mayor KENOT WASHINGTON PROCLAMATION WHEREAS, the Civilian Conservation Corps enrolled three million Americans to maintain and improve public lands during the Great Depression; and WHEREAS, according to the U.S. Department of Agriculture, the government currently spends $120 billion annually on the control and impact of more than 800 out-of- control invasive plants that pose a threat to the environment, economy, and human health. WHEREAS, Kent Parks, Recreation and Community Services Department is dedicated to enriching lives by providing safe and inviting parks, open spaces and facilities; and WHEREAS, connecting with others and working together through volunteer service will unite the diverse groups in our community to undertake and complete a successful project; and WHEREAS, in 2007, 110,000 volunteers participated in the 14t' Annual National Public Lands Day across the country, including 144 in Kent; and WHEREAS, the City of Kent and volunteers in the Kent community can once again join together for a common goal to improve facilities in Kent and keep the toll of invasive species from rising; NOW THEREFORE; I, Suzette Cooke Mayor of the City of Kent do hereby Proclaim the week of September 22— 27, 2008 as National Public Lands Week at Turnkey Park in the City of Kent, Washington, and I encourage all citizens to join me in recognizing that every citizen can play a role in the stewardship of our environment. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 16 h day of September, 2008. uz ooke, Mayor KENT wASHINCroh Kent CityCouncil Meeting 9 Date September 16, 2008 Category Public Hearings - 5A 1. SUBJECT: 2009 BUDGET, FIRST PUBLIC HEARING 2. SUMMARY STATEMENT: This is the first public hearing on the 2009 budget. Public input is welcomed as the City begins to prepare for its 2009 budget. 3. EXHIBITS: None 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: A. Councilmem es, Councilmember seconds o se the public hearin B. ouncilmember moves, Councilmember seconds i DISCUSSION: ACTION: Kent CityCouncil Meeting 9 Date September 16, 2008 Category Public Hearings - 5B 1. SUBJECT: 2009-2014 CAPITAL IMPROVEMENT PLAN, FIRST PUBLIC HEARING 2. SUMMARY STATEMENT: This date has been set for the first public hearing on the 2009-2014 Capital Improvement Plan. Public input is welcome. 3. EXHIBITS: None 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent CityCouncil Meeting 9 Date March 4, 2008 ' Item No. 6A - 6B ' CONSENT CALENDAR 6. City Council Action: ' Councilmember &�L- moves, Councilmember UaAik- seconds to approve Consent Calendar Items A through I. Discussion "-u ' Action YYG ' 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of September 2, 2008. 6B. Approval of Bills. ' Approval of payment of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 2, 2008 Approval of checks issued for vouchers: Date Check Numbers Amount ' 8/31/08 Wire Transfers 3390-3406 $1,655,606.32 8/31/08 Regular 623957-624339 5,130,476.39 Use Tax Payable 2,241.09 ' $6,788,323.80 Approve of checks issued for interim payroll for August 20 and paid on August 20, 2008: Date Check Numbers Amount ' 8/20/08 Checks 307174 $556.87 8/20/08 Void Check 307124 590.16 $ 33.29 Approval of checks issued for interim payroll for August 26 and paid on August 26, 2008: ' Date Check Numbers Amount 8/26/08 Check 307175 $818.23 ' 8/26/08 Void Check 307144 788.01 $ 30.22 Kent City Council Meeting KENO WAS NINOTON September 2, 2008 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by ' Mayor Cooke. Councilmembers present: Albertson, Clark, Danielson, Harmon, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) It was noted that there is a revised agenda page for BID Item 8A, that the Employee of the Month cannot be in ' attendance at this meeting, and that there is no need for an Executive Session tonight. B. From the Public. (CFN-198) At the request of John Kastien, Continued Communications Item 10A, Building Permit, was added to the agenda. Continued Communications Item 10B, Local Option Bill, was added at the request of Shannon McClure. PUBLIC COMMUNICATIONS ' A. Public Recognition. (CFN-198) There were no public recognition items. B. Community Events. (CFN-198) Ranniger announced National Public Lands Day ' at Turnkey Park, and other fall volunteer opportunities. C. Employee of the Month. (CFN-147) This item was removed from the agenda ' and will appear on the September 16th agenda. D. Economic Development and Kent Events Center Updates. (CFN-825) Ben Wolters announced the latest business openings and closures in the city, said there is interest in the parking garage property, and gave an update on activities at the Events Center, including completion of pouring of the concrete slab for the ice arena. E. Proclamation - Payroll Week. (CFN-155) Mayor Cooke declared the week of September 1 -5, 2008, as Payroll Week in the City, and presented the proclamation ' to Finance Department employees Bonnie Fell and Shirley Huntington. F. Proclamation - Constitution Week. (CFN-155) Mayor Cooke declared the week of September 17 - 23, 2008, as Constitution Week in the City, and presented the proclamation to Elizabeth Walker, who encouraged everyone to study that document. PUBLIC HEARINGS A. Potential Annexation - Panther Lake Annexation Area Resolution. ' (CFN-1309) The City has been studying the feasibility of annexing the Panther Lake area since April 2007. Financial, land use, and service level studies have been conducted. Most recently, the City completed an opinion survey of annexation residents. The proposed resolution declares the City's intent to annex the Panther 1 Kent City Council Minutes September 2, 2008 ' Lake area by calling for an election of voters who reside in the area. At this time, , the projected election date will be the May 2009 special election. Community Development Director Fred Satterstrom explained that the King County , Annexation Initiative encourages the annexation of large unincorporated urban areas to their adjacent cities, and that Senate Bill 6686, passed in 2006, created a financial funding incentive to cities which annex areas of a certain size, and which commence by January 1, 2010. He explained the Boundary Review Board process and time- lines, noting that there is some urgency to moving ahead. He explained that although the proposed resolution sets the process in motion, another action by Council would have to be taken in order to set an election date. He emphasized that it is the registered voters in the annexation area who would decide the outcome of ' the election. Michelle Witham, Community and Public Affairs Manager, explained the opinion survey which was recently taken in the annexation area, and the results of the survey. She noted that most of the concerns were in regard to police and fire service, taxes, and water and sewer services. Witham and Satterstrom then responded to questions from Councilmembers relating to the survey, public information, boundaries, taxes, parks and parks programs, and utilities. It was clarified that most residents in the area now use Soos Creek Water and Sewer ' District, and that that would not change. Mayor Cooke opened the public hearing. Ranniger moved to make a letter , dated June 18, 2008, from the Soos Creek Water and Sewer District Board of Commissioners, showing support for the annexation, a part of the record. Albertson seconded and the motion carried. , Barbara Searle, 10216 SE 222"d, said she and her neighbors are very much in favor of annexation. Shannon McClure, 20500 1081h Avenue SE, speaking for the Great American Casino, explained that the Recreational Gaming Association is working for a Local Option Bill to be passed in the 2009 legislative session, which would allow the City to zone as they choose. She said the casino prefers to stay where it is rather than be located downtown, and urged the Council to help get the legislation passed through the Association of Washington Cities. She also suggested grandfathering or a moratorium. Gordon Urban, 11436 SE 208th #180, representing the Pantera Logo ' Homeowner's Association, expressed interest in becoming part of Kent. Stanley Maim, 10448 SE 212th Street, voiced concern about his community well. Deputy Public Works Director Tim LaPorte explained that the area is in the Soos Creek Water and Sewer District and ultimately private wells would come under their purview. He added that in the past the City has allowed private wells to remain. The City Attorney clarified that the City of Kent will not take over any portion of the Soos Creek Water and Sewer District, and that Mr. Maim should contact them to see what their policies are. Karen Freeman, 701 5th Avenue, Seattle, speaking on behalf of King County's Annexation Initiative, expressed appreciation for the work the City of Kent has done in consideration of this annexation proposal. She said the County will see a continued erosion of service in large urban potential annexation areas such as this. 2 , ' Kent CityCouncil Minutes September 2 2008 p , ' Julie LeFebvre, 11346 SE 211th Lane #47, said she is a strong supporter of annexation because of improved police service, that some of her neighbors are also in favor, and that she is willing to assist in getting the area annexed. 011ie Burton, 11007 SE 196th, Renton, noted that although his property is in the annexation area, his address is Renton. It was clarified that his address would not change. Burton also expressed concern about a ditch called Panther Creek, which often floods, and about how his livestock would be affected. He asked for help in maintaining the drainage ditch (Panther Creek) and Public Works Director Blanchard explained that the City must do a complete assessment of the area to determine what is owned by the public, which would be part of King County, and what part is owned privately. Once that is done, the City can determine which areas they will maintain. There were no further comments from the audience and Albertson moved to close the public hearing. Raplee seconded and the motion carried. Albertson then moved to adopt Resolution No. 1794 which determines that the best interests and the general welfare of the City of Kent would be served by calling for the annexation, by election, of certain territory contiguous to the City, referred to as the Panther Lake Annexation Area, as legally described in this resolution. Harmon seconded. Brubaker noted that Councilmembers have received copies of the legal description which, although not in the agenda as Exhibit A to the resolution, was in the Notice of Intent in the agenda. Clark emphasized that this is a vote of the citizens, to determine what they want to do, and urged them to make inquiries and have ' discussions. Thomas commented that in his experience, the service provided by the Kent Police Department is amazing. Albertson encouraged citizens to contact Councilmembers with any questions they may have. The motion to adopt Resolution ' No. 1794 then carried unanimously. CAO Hodgson said Council and staff are interested in meeting with citizens to ensure that they know about City services and so forth, and suggested they contact Michelle Witham in the Mayor's Office to set up meetings. He said it is anticipated that the Boundary Review Board process should be done by the end of February, and that at that time the City Council will decide whether to take this forward to the voters in May. He noted that if the community supports the annexation by their vote and the Council accepts the annexation, it is anticipated that it would become effective January 1, 2010. City Attorney Brubaker then explained that the ballot proposition process has now ' begun, and that although Council and staff should feel free to discuss this, there is a prohibition against using City facilities and equipment to advance or oppose a ballot measure. He emphasized that Council and staff should discuss facts only, and that citizens should understand that employees must be cautious in City facilities and in their role as Council or staff members. He noted that the City will do their best to provide factual, objective data to anyone for or against the annexation. It was clarified that Councilmembers are free to discuss the local option bill with Shannon McClure of Great American Casino. ' CONSENT CALENDAR Raplee moved to adopt Consent Calendar Items A through Q. Clark seconded and the motion carried. ' 3 Kent CityCouncil Minutes September 2 2008 , P , A. Auuroval of Minutes. (CFN-198) Minutes of the regular Council meeting of ' August 19, 2008, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on August 19, 2008, were approved. , Approval of checks issued for vouchers: Date Check Numbers Amount , 8/15/08 Wire Transfers 3369-3389 $6,745,801.44 8/15/08 Regular 623422-623956 3,181,778.60 Void Checks (355.84) Use Tax Payable 3,363.47 $9,930,587.67 Checks issued for payroll for August 1 through August 15 and paid on August 20, 2008, were approved: Date Check Numbers Amount 8/20/08 Checks 306850-307173 $ 268,250.33 , 8/20/08 Advices 235048-235803 1487,280.29 $1,755,530.62 C. 2009 Annual Budget — Set Date for 1st Public Hearing. (CFN-186) September 16, 2008, was set as the date for the first of two public hearings on the 2009 Budget. , D. 2009-2014 Capital Improvement Plan. (CFN-775) September 16, 2008, was set as the date for the first of two public hearings on the 2009-2014 Capital Improvement Plan. E. Advanced Broadcast Solutions Goods and Services for Multimedia Digital Upgrade Project. (CFN-1155) The receipt and completion of goods and services from Advanced Broadcast Solutions in support of the Information Technology Multimedia Digital Upgrade project in the amount of $32,125.50 was approved and all actions consistent with this approval were ratified. F. Bridge Consulting Services for Multimedia Digital Upgrade Project. ' (CFN-1155) The completion of professional services by Bridge Consulting in support of the Information Technology Multimedia Digital Upgrade project in the amount of $40,000, was approved and all actions consistent with this approval were ratified. G. Avant! Computer Systems Receipt of Goods for Multimedia Workflow Management Information System. (CFN-1155) The receipt of goods from Avanti Computer Systems in support of the Information Technology Workflow Management Information System in the amount of $44,348.90, was approved and all actions consistent with this approval were ratified. ' 4 , Kent CityCouncil Minutes September 2 2008 P , H. St. Vincent De Paul Lease Agreement for New Connections. (CFN-118) The Mayor was authorized to sign the lease agreement with St. Vincent De Paul to rent the city-owned building located at 412 West Titus Street. New Connections, a non-profit agency serving Kent residents, has been a tenant in the city-owned building located at 412 West Titus Street since June 2003. I. Siemens Technologies, Inc. Agreement for HVAC Modifications. (CFN-118) The Mayor was authorized to sign a three-year renewal agreement in the amount of $42,510 with Siemens Building Technologies, Inc. for the HVAC software support and city-wide upgrades, subject to final terms and conditions acceptable to the City Attorney. J. Smith Fire Agreement for Security Systems. (CFN-118) The Mayor was authorized to enter into an agreement with Smith Fire Systems, Inc., in the amount of $23,572.34 to monitor and test fire and burglar alarm systems city-wide, subject to final terms and conditions acceptable to the City Attorney. K. Air Exchange, Inc. Agreement for Modifications to Exhaust Extraction System. (CFN-118) The Mayor was authorized to enter into an agreement with Air Exchange, Inc. in the amount of $68,554 for modifications and additions to the Plymovent Exhaust Extraction Systems at Fire Stations 73 and 75, subject to final terms and conditions acceptable to the City Attorney. L. S. 222nd St. Street Vacation Resolution Settina Hearing Date. (CFN-102) Resolution No. 1795 setting a public hearing date of Tuesday, October 7, 2008, regarding the vacation of the south one-half of S. 222nd Street, west of 92nd ' Avenue South and east of SR-167 was adopted. M. Anchor Environmental LLC Consultant Contract for Lake Meridian Outlet Proiect, Phase II. (CFN-1038) The Mayor was authorized to sign a consultant contract in the amount of $44,706 between the City of Kent and Anchor Environmental, LLC, for the purpose of preparing bid documents, finalizing permits, ' and providing construction support of the Phase II of the Lake Meridian Outlet Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. ' N. Pacific Highway HOV Lanes. North & South Phase. (CFN-1038) The Pacific Highway HOV Lanes, North & South Phase, was accepted as complete and release of ' rtainage to Scarsella Brothers, upon standard releases from the state and release of any liens was approved. The original contract amount was $11,032,492.53. The final contract amount was $11,897,473.70. O. Drainage Master Plan Ordinance. (CFN-648) Ordinance No. 3890 adopting the Drainage Master Plan was adopted. The plan was completed by City of Kent staff and their consultants. The plan serves as the framework for drainage system improvements, maintenance, and replacement needs to 2030 buildout. It is anticipated the plan will be updated every ten (10) years. r 5 Kent CityCouncil Minutes September 2, 2008 P P. Water System Plan Ordinance. (CFN-787) Ordinance No. 3891 adopting the 2008 Water System Plan was adopted and the Public Works Director was authorized to proceed with approval of the Plan. The plan was completed by City of Kent staff , and their consultants, and is the framework for water system improvements, maintenance, and replacement needs to 2030 buildout. The plan is updated every six (6) years. Q. Comprehensive Plan Ordinance Amending the Capital Facilities Element and Incorporating the 2008 Water System Plan and the Drainage Master Plan. (CFN-377) Ordinance No. 3892 amending the Capital Facilities Element of the Kent Comprehensive Plan and incorporating the Drainage Master Plan and 2008 Water System Plan by reference into the Kent Comprehensive Plan was adopted. BIDS A. 2008 Downtown Sidewalk Improvements. (CFN-1238) The bid opening for ' this project was held on August 12, 2008, with nine bids received. After the bids were opened, Schedule B was deleted from the project because the City may obtain Federal funding for the sidewalk improvements along 2nd Avenue. The City will re- bid this section of work under a future, separate project. The low bid for Schedule A of the project was submitted by Construct Company, in the amount of $765,309.30. The Engineer's Estimate was $762,205.00. The Public Works Director recommends , awarding this contract to Construct Company. Raplee moved to authorize the Mayor to sign the contract with Construct Company for the 2008 Downtown Sidewalk Improvements project award in the amount of $765,309.30. Harmon seconded. Ranniger expressed discomfort with using LTGO bonding for this project. The motion then carried with Ranniger opposed. B. 81st Avenue South Storm Revisions. (CFN-1038) The bid opening for this project was held on August 28, 2008, with thirteen bids received. The low bid was submitted by Archer Construction in the amount of $48,777.50. The Engineer's estimate was $78,038.55. Public Works Director Blanchard explained that this is in a low-lying area which floods every year. Ranniger moved that the Mayor be authorized to sign the contract with Archer ' Construction for the 815C Avenue South Storm Drain Revisions project in the amount of $48,777.50. Raplee seconded and the motion carried. C. Riverbend Golf Course Remodel. (CFN-118) The bid opening was held on August 22, 2008, with one bid submitted by Bernhardt Golf in the amount of ' $757,000, excluding Washington State Sales Tax. The Engineer's estimate was $950,000 excluding WSST. The City will be reimbursed for project expenditures as a result of impacts to the golf course by levee projects conducted by the Army Corps of , Engineers, as outlined in an agreement with King County. Parks Director Jeff Watling noted that this is related to the levy work under construction. Ranniger moved that the Mayor be authorized to sign the agreement with Bernhardt Golf for $757,000, plus Washington State Sales Tax, to complete the Riverbend Golf Course Remodel project, subject to final terms and conditions acceptable to the City ' Attorney. Harmon seconded and the motion carried. 6 , Kent CityCouncil Minutes September 2 2008 p , REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke announced upcoming Neighborhood Council meetings. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that the September 8, 2008, meeting has been cancelled and that the next meeting will be on October 13. She added that the annual Food Bank breakfast is at 7:00 a.m. on October 10. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting is at 5:00 p.m. on September 9. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) CAO Hodgson announced that the special workshop on the 2009 budget on September 16 will begin at 5:00 p.m. rather than 5:30. He noted that there will be a special workshop on the budget on September 23 from ' 3:00 p.m. to 6:00 p.m., and reiterated that there will be no Executive Session tonight. CONTINUED COMMUNICATIONS ADDED ITEM A. Building Permit. (CFN-1293) John Kastien, 20609 94th Avenue South, representing several home owners, expressed concern with the transparency of the permit process. He noted that Hearing Examiner Condition 15 on the Copper Ridge project states that the top, toe and sides of onsite 40% slopes shall be determined by field survey, and that the 40% steep slope areas and their associated buffers shall be placed in Native Growth Protection Easements. He said attempts by impacted property owners to track the status of Condition 15 during the permit process have been stonewalled. He stated that numerous Freedom of Information Act requests have been filed but no response has been received. He said the City should encourage citizen review of how conditions are implemented in the permitting stage, ' and said failure to respond to requests leads to suspicions. Kastien said they have been informed that the City is about to issue a grading permit, and asked how a permit can be issued without meeting Condition 15, and why the City is keeping the process secret. Kastien noted for Harmon that they have found no evidence that a field survey has been done as required in Condition 15, and that they have submitted many public records requests on Condition 15 since late 2004, as well as many requests for other information. He clarified that they have received a plethora of information on other issues, but not on Condition 15. He expressed frustration that the City allows 7 Kent CityCouncil Minutes September 2 2008 P developers to not comply with conditions. Upon Danielson's question, Kastien noted , that a 16' wall on a 40% slope is proposed, which is not legal. Community Development Director Satterstrom explained that this development originated in King ' County in about 1990 and was brought into Kent through annexation, and is therefore regulated in part by King County regulations, Kent regulations, and Hearing Examiner conditions. He stated that staff is not taking Kastien's requests lightly, and that no permits have been issued at this time. He explained that the Public Works, Planning and Fire departments are meeting to ensure that all actions comply with all regulations. The City Attorney explained that this has been a very long and compli- cated issue which has been in litigation for eighteen years. Raplee asked that interested parties be included in communications, to ensure that their questions are answered appropriately. Brubaker pointed out that the City does not have discretion to withhold permits, and if staff determines that the conditions are met, it would not be appropriate for them to delay permit issuance while citizens review it. ADDED ITEM B B. Local Option Bill. (CFN-1309) Shannon McClure, representing Great American Casino, reiterated that she would like the City's help in getting the 2009 Local Option Bill, which would allow the City to zone as they see fit, adopted. ADJOURNMENT The meeting adjourned at 9:10 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 8 Kent CityCouncil Meeting 9 Date September 16, 2008 Category Consent Calendar - 6C 1. SUBJECT: 2008 TECHNOLOGY PLAN - APPROVE 2. SUMMARY STATEMENT: Approve the 2008 Technology Plan project list, establish a project budget of $3.1 million, and authorize the Mayor to sign purchase contracts without further Council approval in amounts up to $75,000 for purchases made for the implementation of this Technology Plan, subject to the City's bidding requirements. This Plan represents technology capital investments for the September, 2008 through September, 2009 time period, with a total budget of $3.1 million. 3. EXHIBITS: Memo to Operations Committee 9/2/08 and Project list spanning Q3 2008-Q3 2009 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 5 INFORMATION TECHNOLOGY DEPARTMENT 4^A�M� Mike Carrington, Director Phone: 253-856-4607 KEN T Fax: 253-856-4700 W A S H I N G T O N 220 Fourth Avenue S. ' Kent, WA. 98032-5895 September 2, 2008 TO: Kent City Council - Operations Committee FROM: Mike Carrington, Information Technology Director THROUGH: n/a SUBJECT: 2008 Technology Plan MOTION: Move to recommend that Council approve the 2008 Technology Plan project list, establish a project budget of $3.1 million, and authorize the Mayor subject to the City's purchasing rules for bidding, RFP, RFI and RFQ requirements, to sign vendor and consultant contracts without further Council approval in amounts up to $75,000 for purchases made for the implementation of this Technology Plan. SUMMARY/BACKGROUND Attached for your review is the proposed 2008 Technology Plan project list, budget summary sheet, and projects outline. This Plan represents technology capital investments for the September 2008 through September 2009 calendar year, with a total budget of $3.1 million. This recommended Council Motion includes a provision that permits the Mayor to authorize Technology Plan expenditures up to $75,000 subject to City purchasing requirements. A similar provision was established and approved by the City Council as part of both the 1998 and 2002 Technology Plans, respectively. Both of these plans were approved with this provision at an expenditure level of $50,000. Because of the steep escalation of technology costs over the years since both of these plans were adopted, IT is request a provision level of $75,000 in order to streamline purchasing efforts commensurate to today's cost of mainstream technology. Your consideration for this provision is appreciated. BUDGET IMPACT Funding for this Technology Plan was approved at a level of $3.1 million as a component of the August 5th, 2008 $24 million LTGO Bond Motion for the following projects: Street portion of the East Hill Shops $5,150,000 2008 Technology Plan 3,100,000 Downtown Sidewalks 2,050,000 Events Center 5,950,000 Municipal Court Renovation 7,750,000 Full Council approval of this funding package was granted at a meeting of the full Council on August 19th, 2008. ' 1 +.' u v [ Q)Q) m r� L a; �E -le c 4-1 '' Q o � �- �w ° o � ca)u c (U C � � fa -0 n ocf° 4-1 w E u c of v N we a C o > o � oQC (nQv >. 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Estimate Needed Thru 2009 Running Total Votes Timeframe 2007-041 Email System Replacement(2 major upgrades) 1-Mand Existing $300,000 $80,100 $300,000 Mand 2008,2012 2004-079 Tiburon Upgrade 1-Mand Existing $241,010 $241,010 $541,010 Mand 2009-2011 East Hill Data Center 1-Mand Existing $200,000 $200,000 $741,010 Mand 2009 several Business System Upgrades-SB,3DE,Crystal,Pathlore,Sunpro 1-Mand Existing $391,450 $39,145 $1,132,460 Mand 2010 N/A Multimedia Hardware Lifecycle 1-Mand Existing $172,000 $34,400 $1,304,460 Mand Span N/A Enterprise Storage Capacity(Enterprise Projects) 1-Mand Existing $627,000 $827,000 $2,131,460 Mand 2008 Several Test Environments I-Mand Existing $55,000 $0 $2,186,460 Mand 2008 Several Operations Manuals 1-Mand Existing $0 $0 $2,186,460 Mand 2008 N/A Product Conferences 1-Mand Existing $34,000 $6,800 $2,220,460 Mand Span N/A Product Training 1-Mand Exsbng $34,000 $6,800 $2,254,460 Mand Span 2007-011 Server/Software License Audit 1-Mand Existing $1,350 $0 $2,2SS,810 Mand 20D8 N/A Group Trainirgs 1-Mand Existing $30,000 $0 $2,285,810 Mand Span N/A IT Staff Training 1-Mand Existing $139,500 $27,900 $2,425,310 Mand Span 2007-014 Operations Manuals-Review 1-Mand Existing $0 $0 $2,425,310 Mand Span N/A Systems Tech Plan Staffing 1-Mand Existing $1,818,310 $363,662 $4,243,620 Mand Span N/A Transfer-ERP Replacement 1-Mand Existing $0 $0 $4,243,620 Mand 2008 N/A Transfer-Ufecyde Replacement 1-Mand Existing $0 $0 $4,243,620 Mand 2008 2007-013 Blade Server Implementation 1-Mand Existing $26,700 $0 $4,270,320 Mand Span DOCUMENT Document Management 1-Mand Existing $0 $0 $4,270,320 Mand Span N/A Business Continuity Infrastructure Improvements 1-Mand Existing $862,000 $0 $5,132,320 Mand Span N/A Citizen Relationship Management Licensing 1-Mand Existing $60,100 $12,020 $5,192,420 Mand Span N/A Cable Franchise Agreement/Connected Cmunty Consulbn5 1-Mand Existing $358,000 $100,240 $5,550,420 1 Span 2005-010 E-mail and Document Archiving I-Mand New $100,000 $100,000 $5,6S0,420 Mand 2008 N/A End User Training Programs 1-Mand New $125,000 $0 $5,775,420 Mand Span 2006-139 Enterprise Work Order&Permit Mgmt System Replacement 1-Mand New $2,506,275 $1,102,761 $8,281,695 Mand Span 2007-043 Telecommunications Systems Upgrade/Replcmt 2-High Existing $825,000 $0 $9,106,695 82012 2005-I10 Network Security-Core-Edge-Mobility 2-High Existing $500,000 $0 $9,606,695 7 Span 2007-054 Address Validation 2-High Existing $0 $0 $9,606,695 72008 2007-045 Wireless Infrastructure Dev,Maint,Support 2-High Existing $0 $0 $9,606,695 7 Span 2004-296 Network Infrastructure Maint,Upg&Expansion 2-High Existing $500,000 $80,000 $10,106,695 6 Span 2004-012 Electronic Forms Infrastructure 2-High Existing $0 $0 $10,106,695 62009 2004-079 Position Control 2-High Existing $0 $0 $10,106,695 52008 2004-072 Workflow for New Hires/PCRs 2-High Existing $0 $0 $10,106,695 5 2008 2007-042 Backup System Replacement 2-High Existing $300,000 $300,000 $10,406,695 52010 2007-032 City Code on the Web-Automated Update 2-High Existing $0 $0 $10,406,695 3 2D09 2006-084 Council History Cross Reference 2-High Existing $0 $0 $10,406,695 32008 2007-004 Digital Asset Management 2-High Existing $139,200 $0 $10,S45,895 32009 2004-362 GPS Locator Software/Equipment 2-High Existing $0 $0 $10,545,895 32009 2007-012 Service Desk Software Anatysis/Replacement 2-High Existing $100,000 $0 $10,645,895 32009 2007-047 Video Bookmarking Phase fI 2-High Existing $73,966 $0 $10,719,861 22009 2004-426 Wireless Surveillance Cameras 2-High Fisting $0 $0 $10,719,861 22008 2004-074 Benefit Provider Interface-Phase fI 2-High Existing $0 $0 $10,719,861 22008 2007-040 Stagelr 2-High Existing $0 $0 $10,719,861 22008 2004 078 Voluntary Life Enhancements-Phase II 2-High Existing $0 $0 $10,719,861 22009 2004-346 a-Form Commitment 2-High Existing $0 $0 $10,719,861 22008 2004-342 e•Form Conditions of Release 2-High Existing $0 $0 $10,719,861 22008 2004-347 a-Form Day Detention Commitment 2-High Existing $0 $0 $10,719,861 22008 2D04-348 a-Form Deferred Finding Oider 2-High Existing $0 $0 $10,719,861 22008 2004-349 a-Form Firearms Order 2-High Existing $0 $0 $10,719,861 22009 2004-353 a-Form Modification of No Contact Order 2-High Existing $0 $0 $10,719,861 22009 2004-351 a-Form Order Appointing Counsel 2-High Existing $0 $0 $10,719,861 22009 2004-34S a-Form Payment Agreement 2-High Exisbng $0 $0 $10,719,861 22009 2006-087 a-Form Rec Retention Sched Chg 2-High Existing $0 $0 $10,719,861 22009 2006-120 a-F-orm Recruitment Requisition 2-High Existing $0 $0 $10,719,861 22009 2004-075 ESS-Employment Verifications 2-High Existing $0 $0 $10,719,861 22009 2007-039 MyFireRules 2-High Existing $0 $0 $10,719,861 22008 2005-245 )BRS Phase 2 2-High Existing $0 $0 $10,719,861 12010 2007-049 Multimedia Bus-Wrkflw System Phase II 2-High Existing $48,468 $0 $10,768,329 1 2010 - Multimedia Bus-Wrkflw System Phase III 2-High Existing $33,8S0 $0 $10,802,179 1 2DI1 2006-149 Tiburon Change TNS Definitions 2-High Existing $0 $0 $10,802,179 12008 2004-489 Tiburon Query Destroy List-Felony 2-High Existing $0 $0 $10,802,179 12009 2004490 Tiburon Query Destroy List-Msd 2-High Existing $0 $0 $10,802,179 1 2009 2004-491 Tiburon Query Insmance/Legal/Victim 2-High Existing $0 $0 $10,802,179 1 2009 2004497 Tiburon Query Kent Unit Assignment 2-High Existing $0 $0 $10,802,179 1 2009 2004-493 Tiburon Query Press Copy 2-High Existing $0 $0 $10,802,179 1 2009 2004488 Tiburon Report Property Card log v2 2-High Existing $0 $0 $10,802,179 1 2009 2004-498 Tiburon Report Time Served Info 2-High Existing $0 $0 $10,802,179 1 2009 2004-427 Tiburon Web Queries 2-High Existing $0 $0 $10,802,179 1 2009 2004-077 Workflow for Employee Services Phase III 2-High Existing $0 $0 $10,802,179 1 2009 2007-036 Asset Mgmt Software Analysis 2-High Existing $0 $0 $10,802,179 1 2008 2007-009 Document Imaging Workflow(Scanners) 2-High Exisung $145,250 $0 $10,947,429 12008 2007-010 Telecom Usage Reports 2-High Existing $13,5D0 $0 $10,960,929 12008 N/A Systems Support Positions 2-High New $0 $0 $10,960,929 Mand Span 2004-451 Data Warehouse Phase II-Consolidated System Data 2-High New $0 $0 $10,960,929 192010 2007-019 Data Warehouse Phase I-)DE Data Extract 2-High New $24,800 $0 $10,985,729 172008 2006-011 Collaboration Portal/Enterprise Agreement 2-High New $1,704,842 $356,968 $12,770,571 16 2D08 2005-115 Enterprise GIS 2-High New $403,100 $0 $13,173,671 IS Span 2007-003 Consolidated Payment Processing 2-High New $86,600 $86,600 $13,260,271 13 2009 2006-142 Websne Redesign 2-High New $59,700 $59,700 $13,319,971 9 2006-2009 2007-002 Business Intelligence/Performance Measurement Phase I 2-High New $0 $0 $13,319,971 82012 2007-035 Data Warehouse Phase III-ETL 2-High New $0 $0 $13,319,971 82011 2007-001 Connected Conference Rooms for SharePont 2-High New $165,900 $0 $13,48S,871 72008 2005-129 Mobile Enablers 2-High New $70,000 $0 $13,555,871 6 Span 2007-038 Development Visualization Software 2-High New $0 $0 $13,555,871 42008 2006-096 Shift Scheduling 2-High New $87,450 $87,450 $13,643,321 42006 2004-076 Pathlore/3DE Integration 2-High New $0 $0 $13,643,321 3 2009 2006-095 ValleyCom Page Delay Trading 2-High New $0 $0 $13,643,321 32008 2004-024 Radius Label Replacement 2-High New $0 $0 $13,643,321 3 2009 2005-152 Video in Police Cars 2-High New $0 $0 $13,643,321 2 2008-2010 2006-092 City Phone Numbers on Web 2-Nigh New $0 $0 $13,643,321 2 2008 2006-136 Corrections Medical Records System 2-High New $0 $0 $13,643,321 1 2010 2004-441 Public Web Site for entering police report 2-High New $0 $0 $13,643,321 12009 2007-006 Single Sign-on 2-High New $0 $0 $13,643,321 1 2010 2004453 Shops DOC Business Continuity 3-Med Existing $0 $0 $13,643,321 22008 - Chambers Audio 3-Med Existing $62,600 $62,600 $13,705,921 1 2009 - Chambers Presentation Repl 3-Med Existing $136,250 $0 $13,842,171 1 2009 2007-048 Digital Upgrade HD Conversion 3-Med New $190,200 $0 $14,032,371 1 2012 2007-033 Tiburon Code Table Update Interface 3-Med New $0 $0 $14,032,371 1 2009 2007-046 CASS Certification Software-Pnnt Shop 3-Med New $0 $0 $14,032,371 1 2008 Mandatory Requests+10%Contingency $9,109,86S Mandatory+High Priority Requests for Existing System Only+10%Contingency $12,057,021 Mandatory+High Priority Requests+1D%Contingency $15,007,653 All Vetted Requests+10%Contingency $15,435,608 $4,175,156 Minimum without contingency $1,188,777 Available Software Llfacyde funds $2,986,379 Bonds Needed Kent CityCouncil Meeting 9 Date September 16, 2008 Category Consent Calendar - 6D 1. SUBJECT: COMMUNICATIONS TECHNOLOGY INFRASTRUCTURE MASTER PLAN, PHASE III - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant contract supporting the completion of Phase III/Consolidated Services for the City's Comprehensive Communications Infrastructure Master Plan, for a total amount not to exceed $303,499 plus expenses. 3. EXHIBITS: Memo to Operations Committee 9/2/08 and Consultant Services Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 11 INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington, Director Phone: 253-856-4607 KEN T Fax: 253-856-4700 WASHINGTON 220 Fourth Avenue S. Kent, WA. 98032-5895 September 2, 2008 TO: Kent City Council - Operations Committee FROM: Mike Carrington, Information Technology Director THROUGH: n/a SUBJECT: Communications Technology Infrastructure Master Plan - Phase III MOTION: Move to recommend that Council authorize Mayor Cooke to sign a contract supporting the completion of phase III/Consolidated Services for the City's Comprehensive Communications Infrastructure Master Plan, for a total amount not to exceed $303,499 plus expenses. SUMMARY In support of Kent's Communication Infrastructure Master Plan initiative, IT staff is looking for Council approval to initiate and complete phase III (of IV) per the suggested next steps presented in the July 15, 2008 Council workshop on the subject. DETAIL Kent's Communications Infrastructure Master Plan initiative is defined by four (4) distinct phases. Those phases and their sub-components are as follows: i. Situational Assessment/Analysis, Economic Modeling, Project Vision & Strategic Objectives Included a kick-off workshop, SWOT analysis (strengths, weaknesses, opportunities, threats), Infrastructure & service assessment, trans-sectoral analysis, business & residential survey, documents & existing plans review, economic and demographic market summary, stakeholder's summit, economic viability research and modeling, and initial infrastructure assessment. ii. Project Definition, Design, and Deployment Strategy Formulation Project definition, initial design and deployment strategy definition, implementation options, technology solution alternatives, vendor evaluations, services offering, video/audio programming assessment, schedule modifications, financial review, financing options, and management structure assessments. III. Technical Systems Design and Implementation Planning Detailed technical system design and implementation strategy, technology selection, staff I vendor Icontractor negotiations, communications convergence, broadband integration and technology aggregation, regulation and code compliance, ordinance creation, timeline updates & modifications. iv. Project & Construction Implementation Management Staff I vendorl contractor selection, contract and budget oversight, construction management, schedule control, inspection and permitting, testing and operations training. 1 1 To date we have completed phases I and II in concert with our strategic initiative partner - ISMS p p 9 p , Inc. Completion of phase II culminated in the July 15, 2008 Council workshop providing updated status and suggested next steps. This motion requests Council's approval to initiate and complete , Phase III as defined above in conjunction with expanded assessment and detailed plan definitions for the Geographic Information System (GIS) and Storage Area Network (SAN) components. BUDGET IMPACT , Funding for the first two phases of this initiative were budgeted as a component of the 2007 Interim Technology Plan and adopted as part of the City of Kent 2007 Final Budget. Funding for phases III and IV are included in the business model associated with the emerging public-private partnership contract currently being drafted by the Kent Law Department. ISMS, Inc. has agreed to be contractually bound to an arrangement where they will start phase III work (following Council approval of this phase) and receive proceeds/payment for their services when and if the public-private partnership funding is approved by Council as a separate motion. Should the partnership funding package not be approved by Council, then work on the initiative will conclude and ISMS, Inc. will not look to recover any phase III payment or damages for services rendered to that point in time. t I 1 i 2 13 • KENO W A S H I N O T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and ISMS, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ISMS, Inc. organized under the laws of the State of California, located and doing business at 300 East State Street, Suite 470 Redlands, CA 92373 (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, which are supplemented by the "Kent, WA Connected Community Initiative Consolidated Services Proposal," Rev. 1.0, dated July 24, 2008, a copy of which (excluding the "Fee Proposal" on pages 13 and 14 (except for the "Hourly Fee Schedule" provisions) and excluding the two-page Letter of Agreement on pages 15 and 16) is attached and incorporated as Exhibit A: CMP Phase 3 Locate and Contract with Private Investor ISMS will locate a private investor that will fund the first phase of the Connected Community Initiative in return for a portion of the revenue stream intended to be generated from the proposed fiber-optic facilities build-out. ISMS will negotiate with this private investor to procure an investment agreement between the investor and the City upon terms and conditions acceptable to the City at the City's sole discretion. Technical System Design and Implementation ISMS design engineers will complete the comprehensive technical design drawings and specific step-by-step implementation plans as determined in Phase 1 and Phase 2 of the CMP. Working with appropriate city officials, ISMS will assist in drafting RFPs and help the city evaluate and compare the responses. ISMS will also assist city officials in drafting any required local ordinances to facilitate the implementation of the City's Connected Community Initiative. Broadband Integration & Technology Aggregation ISMS will determine the best methods for aggregating technologies from various manufacturers into a single, cohesive, CMP. No one manufacturer has the complete solution for any given CMP. Aggregation and seamless integration of products from multiple manufacturers ensures the best possible solution with the broadest range of flexibility and expandability. Communications Convergence To the degree that communications systems outside of the CMP need to be considered, ISMS will provide whatever data is required to effectively integrate these outsides stems 1 CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) into the CMP. Technology Selection ISMS will present an overview summary of each technology that has been selected during Phase 1 and Phase 2 of the CMP. Technical System & Fiber Design ISMS will first create a deployment phasing plan, then produce all required detailed technical system design drawings including installation and connection details and specifications. This section also includes the city wide fiber deployment design. The fiber design includes designing the backbone routing, fiber counts, and the location of required IDF's, etc. It includes all required fiber system drawings except for the detailed CAD drawings of each individual parcel, since that will be the responsibility of the installing contractor. Contractor bid documents will be provided by ISMS, where appropriate, for the City to supply to potential contract bidders. Headend, Datacenter, and NOC Electronics & Systems Design ISMS will design and document the headend implementation electronics and systems (the entry point for incoming services), the datacenter electronics and systems (where the network electronic systems are located), and the NOC (Network Operations Center) electronics and systems where the day-to-day operational control of the network and customer service takes place. Final and complete technical, electronics, and systems design: construction drawings, electronics systems, implementation directions, and contractor bid documents will be completed by ISMS. Note: Physical and environmental design of the Kent data center has been provided under a separate proposal. Vendor and Contractor Negotiations ISMS will participate in and assist the City with all contract negotiations that impact the Connected Community Initiative and the CMP. ISMS will negotiate on behalf of the City with potential contractors and provide a summary review of each contractor's bid. Ordinance Creation To the degree that new ordinances need to be drafted and enacted by the City to implement and support the Connected Community Initiative and CMP, ISMS will assist City officials with the wording of such ordinances and provide guidance in how to implement them. Regulation and Code Compliance ISMS will provide a review and summary of any potential City, county, or state codes or regulations that may be impacted by, or have impact on, the Connected Community Initiative and the CMP. To the degree possible, ISMS will propose solutions for any potential conflicts. Conditions of Approval Requirements ISMS will provide detailed requirements that builders must adhere to when building new homes or remodeling old homes with regards to how they interface with the new communications network infrastructure. Review & Revise Financial/Business Model ISMS will revise the business model design based on decisions made during Phase 1 & 2, CONSULTANT SERVICES AGREEMENT - 2 ' (Over$10,000) 1! including costs from the chosen service provider(s), updated construction costs, operational expenses, cost of ownership, ROI, etc. Create Program Schedule & Milestones ISMS will create a new schedule and milestones based on information from Phase 1 & 2 along with the information gathered under this proposal. Geographic Information System (GIS) Integration Design, Consulting, & Solutions ISMS will provide comprehensive consulting and design services for the expansion of, and improvements to, the GIS system in the City of Kent, WA, including the following specific details. A conceptual overview and vision for GIS in the City of Kent... what functions it should serve and how it integrates into all the other information systems in the City Meetings with City GIS staff and current Public/Private users of GIS data to review and document current uses of GIS data, how GIS data is obtained and input, and wish lists for the future A detailed review and summary of how an enhanced and expanded GIS solution will support, and be integrated into, the Kent Connected Community Initiative and how it will be used to interconnect with other City systems and shared data. ISMS will provide specifications for additional GIS software that will be needed to support the GIS needs of the City. ISMS will provide the specifications for integration of all 3rd party software as well as all interactions with 3rd party software vendors and suppliers ISMS will draft and supply detailed standards documents for City developers and others providing planning documents to the city. These documents will outline exactly how documents are to be submitted, including format, level of detail, etc. such that documents can be efficiently integrated directly into the City GIS system. Prepare and recommend security policies and procedures to secure the integrity of the GIS database Develop a web portal policy and standards for how GIS data will be made available to the citizens of Kent, in what form, and what is and is not to be made available on the City's website After consultation with City officials, ISMS will completed a detail report outlining what decisions have been made, including an outline of the next steps Storage Area Network (SAN) Design & Consulting ISMS will provide comprehensive consulting and design services for the deployment of a more comprehensive Storage Area Network (SAN) in the City of Kent, WA that is appropriate to meet the current and future needs of the City, including the following specific details. A conceptual overview and vision for what a more comprehensive City SAN would look CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) like, why it is necessary, how it will be used and by whom, and how it will be deployed A complete review of current City requirements for data storage, operations, backup, security, including all data that can be collected in this regard A complete review of what is technologically possible, what needs may be required in the future, and how a newly deployed and more comprehensive City SAN can serve the current and future needs of the City government A detailed review and summary of how a more comprehensive SAN solution will support, and be integrated into the Kent Connected Community Initiative Design the relocation and integration of the existing City SAN systems into a new SAN architecture, in the Kent Data Center facility, for redundant disc to disc backup ISMS will provide the actual technical design of the SAN including the following detailed items: • Research of all major and appropriate hardware vendors and their products • Review all technical considerations such as block level and file level writing and FDDI (Fiber Distributed Data Interface) • Final hardware selection recommendations for all SAN components and devices including power, backup, and operations components • A comprehensive technical system design including wiring schematics, equipment locations, interconnects, and terminations. • Detailed installation and configuration plans • Mounting, racking, and all other physical requirements, including cooling, grounding, mounting, assembly, electrical requirement, etc. Prepare and recommend SAN disaster recovery, data retention, routine maintenance, and backup plans and procedure policies Prepare and recommend a standard policy for managing updates and configuration changes Prepare and recommend a standard policy and procedures for continuous anti-virus scanning of all SAN components, including a recommendation for standardized software and procedures for scheduled scans Specifications and recommendations for physical security and data security HVAC and humidity specifications, potential heat loads from all hardware sources, and thermal patterns, including all requirements for HVAC including air flow, cooling capacities, and emergency backup Electrical supply requirements including filtered power; lighting, surge, and noise protection; and grounding specifications CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) DC equipment power requirements and specifications including a complete DC power design (if DC power is to be utilized) Backup power requirements to support the SAN, including cooling and minimum lighting Plans and recommendations for an SAN monitoring requirements Y 9 q Required on-site meetings with Kent IT personnel to complete the SAN design On behalf of, and in consultation with the City, ISMS will negotiate with selected hardware/software vendor(s) to obtain the best possible value for the City Although the above-described scope of work is drawn from the Exhibit A proposal, the Exhibit A proposal supplements, but does not supersede, the above-described scope of work or any of the terms and conditions of this Agreement. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region 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 within 120-240 days after receipt of contract and deposit payment. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $ 305,000 plus approved expenses 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 A - Kent, WA Connected Community Initiative, Consolidated ServicesO Proposal • Communications MasterPlanning (CMP) - Phase 3 • Geographic Information System (GIS) Integration Design, Consulting, & OSolutions • Storage Area Network (SAN) Design & Consulting dated July 24, 2008. B. Consultant has expressed its sincere interest in continuing to provide services to develop and implement the City's Connected Community Initiative. The phase of work contemplated in this Agreement represents the third of four planned phases to implement this initiative. However, the City has not yet provided funding for the Phase 3 work. Part of the Scope of Work involves Consultant conducting outreach to locate a private investor to fund a part of the next phase of the Connected Community Initiative. In consideration of Consultant's private funding obligation, and in consideration for the City's selection of Consultant for this Phase 3 work, an( in consideration for Consultant's continuing eligibility for Phase 4 work, Consultant CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) will provide the services contemplated in this Agreement at no charge, and without risk or liability to the City under any theory, specifically including, without limitation, quantum meruit, if and only if the City is not able to provide funding for the next phase of work, even if the Consultant and the City disagree on the acceptability of proferred terms in any private funding agreement that the Consultant might bring to the City for the City's consideration. If the City does not provide funding, the Consultant acknowledges and understands that all time spent constitutes internal cost of doing business in order to obtain new business. C. Consultant is a California-based company that has sought out the City as its client. Consultant has also obtained other clients in the greater Seattle area. Accordingly, Consultant will apportion all allowed travel, lodging, and food expenses fairly among Consultant's clients when Consultant is in the greater Seattle area working for other clients as well as the City. Additionally, airfare and other travel expenses, including food and lodging, are not allowed expenses unless the Consultant has been directed to attend a meeting in the City or unless that travel has been pre- approved by the City. Moreover, in every instance, the Consultant may not bill the City its hourly fees—or any portion of its hourly fees—for travel time to and from California; hourly rates are for work performed, not travel. All food and lodging reimbursement requests must be fair and reasonable, within the median-priced range in the Kent area, and the City reserves the right to dispute any reimbursement requests that the City deems excessive. Except as provided in this subsection C, no other expenses, direct or otherwise, will be allowed unless approved by the City in writing; postage, telephone, email, fax, etc., are considered typical office overhead and part of the normal cost of operating Consultant's business. D. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the CONSULTANT SERVICES AGREEMENT - 6 'Over$10,000) 1c 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. 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 B - ISMS, Inc. Insurance attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary CONSULTANT SERVICES AGREEMENT - 7 (Over$10,000) n Consultant's own risk and Consultant shall be for that purpose. All work shall be done at Consu t , 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, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning 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. CONSULTANT SERVICES AGREEMENT - 8 (Over$10,000) 2 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. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 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) (signature) Print Name: W. James Hettrick Print Name: Suzette Cooke Its: Chairman Its Mayor (title) DATE:_ DATE: CONSULTANT SERVICES AGREEMENT - 9 (Over$10,000) 2� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: James Hettrick Mike Carrington ISMS, Inc. City of Kent 300 East State Street, Suite 470 220 Fourth Avenue South Redlands, CA 92373 Kent, WA 98032 909.307.9888 (telephone) (253) 253.856.4607 (telephone) 909.363.8089 (facsimile) (253) 253.856.4700 (facsimile) 1 APPROVED AS TO FORM: Kent Law Department [In this field,you may enter the electronic hlepath where the contract has been saved] 1 1 CONSULTANT SERVICES AGREEMENT - 10 (Over$10,000) 2 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity. 9 9 q 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 12 day of August , 2008. By: W. James Hettrick For: ISMS, Inc. Title: Chairman Date: August 12, 2008 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's 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. 1 EEO COMPLIANCE DOCUMENTS - 2 L 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: EEO COMPLIANCE DOCUMENTS - 3 Kent City Council Meeting Date September 16, 2008 Category Consent Calendar - 6E 1. SUBJECT: WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS, GRAFFITI & TAGGERS ABATEMENT GRANT - ACCEPT AND ESTABLISH BUDGET 2. SUMMARY STATEMENT: Accept the grant funds from the Washington Association of Sheriffs and Police Chiefs' Gangs and Graffiti Allocation Committee in the amount of $7,000 to the Kent Police Department for gang related graffiti and tagging, establish the budget for same, and authorize the Police Chief to signal all necessary grant documents. The grant funds will be used to eradicate graffiti and tagging throughout the City using various techniques and equipment. A variety of community groups and volunteers will "Adopt-a-Spot", monitoring and removing the unsightly graffiti and tagging as it appears. 3. EXHIBITS: Award letter dated 8/15/08 4. RECOMMENDED BY: Public Safety Committee 9/9/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds t DISCUSSION: 1 ACTION: r WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS 3060 Willamette Dnve NE Lacey,WA 98516—Phone:(360)486-2380—Fax:(360)486-2381—Website www.waspc.org Serving the Law Enforcement Community and the Citizens of Washineton August 15,2008 Chief Steve Strachan Kent Police Department 220 4th Avenue South Kent,WA 98032 Dear Chief Strachan: I am pleased to inform you that the Washington Association of Sheriffs and Police Chiefs' Gangs and Graffiti Allocation Committee has approved an award of$ 7,000.00 to the Kent Police Department for gang related graffiti and tagging abatement. The grant award is effective August 15, 2008 and expires on June 30, 2009. Costs will be paid on a reimbursement basis. Appropriate invoices and receipts are to be submitted no more than once each month. You will be reimbursed for actual expenses only up to the limit of the award. tEnclosed is an award agreement. This agreement is to be signed and returned to the WASPC. No funds will be reimbursed until the signed agreement is received. Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. In addition, the grant award requires a quarterly report on activities covered by this grant. The report form is attached. Congratulations on your grant award approval. While this award is less than what you requested we are encouraged by your willingness to work within the funding limits set during this process. There are many avenues for donated supplies in most communities. For example, Home Depot is an excellent source for free paint from their returned and mis-mixed supplies. Other communities are using their local hazardous waste disposal sites for used paint that can be mixed into a general paint color. We also encourage you to seek additional funding when future grant openings are announced. We look forward to seeing positive outcomes from your local efforts in gang related graffiti and tagging abatement. If you choose to not accept this award,please notify us immediately. If you have any questions,please contact me at 360-486-2419, or via e-mail at dlarsen[alwaspc_org. Sincerely, r. i Dawn Larsen;Director of Projects Washington Association of Sheriffs and Police Chiefs President President Elect Vice President Past President Treasurer COLLEEN WILSON JOHN DIDION SCOTT SMITH RICHARD LATHIM BRUCE WORK Chief-Port of Seattle Sher-Pacific County Chief-Tulalip Sher-Franklin County Chief-WA Fah&Wildlife Executive Board ED HOLMES TOM SCHLICKER MIKE KLINE JOHN BATISTE SAMUEL GRANATO Chief-Mercer Island Chief-Swinomish Marshal-US Marshals,ED-WA Chief-WA State Parrol Chief—Yakima MIKE HUMPHREVS MIKE HARUM SUE RAHR LAURA LAUGHLIN DONALD PIERCE Sheriff-Walla Walla County Sher-Chelan Counry Sheri-King County SAC-FBI,Seattle Executive Director WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS INTERAGENCY AGREEMENT SPECIFIC TERMS AND CONDITIONS Gang Graffiti and Tagging Abatement Program This AGREEMENT is entered into by and between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS (hereinafter referred to as WASPC) and the KENT POLICE DEPARTMENT (hereinafter referred to as the RECIPIENT). FUNDING SOURCE Funding for this AGREEMENT is provided to WASPC from the State of Washington. Funding awarded the RECIPIENT shall not exceed the amount shown on the award letter. Project funding is from the Washington State general operating budget through the Criminal Justice Training Commission. SCOPE OF SERVICES The RECIPIENT shall use the funds awarded to meet the requirements identified in the award letter. Funds will be reimbursed no more than once a month. Invoices must be accompanied by all related documentation of expenditures. A quarterly report, attached, will be submitted within ten days of the end of the quarter. Delays in invoice or report submittal of project related activities s result in delay in disbursement of funds. IN WITNESS WHEREOF, WASPC and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and Letter and other documents incorporated herein. FOR WASPC: FOR THE RECIPIENT: Name: Donald G. Pierce Name: Title: Executive Director Title: Date: August 15, 2008 Date: Kent City Council Meeting Date September 16, 2008 Category Consent Calendar - 6F 1. SUBJECT: FY2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the Kent Police Department's award of the FY2008 Justice Assistance Grant in the amount of $24,311 and authorize the Mayor to sign all necessary grant documents. There is no city funding match required. The funding is designated to support community policing strategies. 3. EXHIBITS: FY2008 Edward Byrne Memorial JAG award letter dated 8/27/08 4. RECOMMENDED BY: Public Safety Committee 9/9/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: Department of Justice Office of Justice Programs �npF Bureau of Justice Assistance Office of Justice Programs Washington,D C 20531 August 27,2008 The Honorable Suzette Cooke City of Kent 220 South Fourth Avenue Kent,WA 98032-5895 Dear Mayor Cooke: On behalf of Attomey General Michael B.Mukasey,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 08 Edward Byrne Memorial Justice Assistance(JAG)Grant Program: Local Solicitation in the amount of$24,311 for City of Kent. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions,Jeffery Felten-Green,Program Manager at(202)514-8878;and Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, b./ � Domingo S.Herraiz Director,Bureau of Justice Assistance Enclosures Department of Justice ; Office of Justice Programs Office for Civil Rights Washington,D.C. 20531 August 27,2008 The Honorable Suzette Cooke City of Kent 220 South Fourth Avenue Kent,WA 98032-5895 Dear Mayor Cooke: Congratulations on your recent award,In establishing financial assistance programs,Congress linked the receipt of Federal funding to compliance with Federal civil rights laws.The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice is responsible for ensuring that recipients of financial aid from OJP,its component offices and bureaus,the Office on Violence Against Women(OVW),and the Office of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and regulations.We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know,Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in respect to employment practices but also in the delivery of services or benefits.Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency(LEP)Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP).For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website at http://www.lep.gov, Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations.In general,the regulation,Participation in Justice Department Programs by Religious Organizations;Providing for Equal Treatment of all Justice Department Program Participants,and known as the Equal Treatment Regulation 28 C.F.R.part 38,requires State Administering Agencies to treat these organizations the same as any other applicant or recipient.The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities.While faith-based organizations can engage in non-funded inherently religious activities,they must be held separately from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them.The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion.For more information on the regulation,please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimination on the basis of religion in employment.Despite these nondiscrimination provisions,the Justice Department has concluded that the Religious Freedom Restoration Act(RFRA)is reasonably construed,on a case-by-case basis,to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff,even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal Financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to the prohibitions against unlawful discrimination.Accordingly,OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups.In addition,based on regulatory criteria,OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions,an organization which is a recipient of financial assistance subject to die nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,42 U.S.C.§3789d(c),or other Federal grant program requirements,must meet two additional requirements:(])complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan(EEOP),28 C.F.R.§42.301-.308,and(2)submitting to OCR Findings of Discrimination(see 28 C.F.R.§§42.205(5)or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.13,or certain Federal grant program requirements,your organization must comply with the following EEOP reporting requirements: If your organization has received an award for$500,000 or more and has 50 or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare an ESOP and submit it to OCR for review within 60 days from the date of this letter.For assistance in developing an EEOP,please consult OCR's website at littp://www.ojp,usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing(202)616-3208. If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your organization still has to prepare an ESOP,but it does not have to submit the EEOP to OCR for review.Instead,your organization has to maintain the EEOP on file and make it available for review on request.In addition,your organization has to complete Section B of the Certification Form and return it to OCR.The Certification Form can be found at http:/hvww,ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than$25,000;or if your organization has less than 50 employees,regardless of the amount of the award;or if your organization is a medical institution,educational institution,nonprofit organization or Indian tribe,then your organization is exempt from the EEOP requirement.However,your organization must complete Section A of the Certification Form and return it to OCR.The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing,on the ground of race,color,religion,national origin,or sex,your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipieuts If your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws,including the requirements pertaining to developing and submitting an ESOP,reporting Findings of Discrimination,and providing language services to LEP persons.State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding,please call OCR at(202)307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, 79t�4-4 a. . Michael L.Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs 8Y 3 fl � Bureau of Justice Assistance Grant PAGE I OF 4 I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2008-DJ-BX-0544 City of Kent 220 South Fourth Avenue 5.PROJECT PERIOD:FROM 10/01/2007 TO 09/30/2011 Kent,WA 98012-5895 BUDGET PERIOD:FROM 10/01/2007 TO 09/30/201 I 6.AWARD DATE 08/27/2008 7.ACTION I A,GRANTEE IRSNENDOR NO, 8.SUPPLEMENT NUMBER Initial 916001265 00 9.PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $24.311 City of Kent Corrections Facility Substance Abuse Treatment Project r1l.TOTAL AWARD $24,311 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under 42 U.S.C.3751(a)(BJA-JAG Formula) 15.METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Domingo S.Herratz Suzette Cooke Director,Bureau of Justice Assistance Mayor 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. HDJUGT0526 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 24311 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE OJP FORM 4000/2(REV.4-89) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 4 �',:� Grant PROJECT NUMBER 2008-DJ-BX-0544 AWARD DATE 08/27/2008 SPECIAL CONDITIONS I The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. , 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,as further described in the current edition of the OJP Financial Guide,Chapter 19, 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. 5. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA)and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgrantee. Accordingly,prior to obligating grant funds,the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant Rinds. That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: a, New construction; b. Minor renovation or remodeling of a property either(a)listed on or eligible for listing on the National Register of Historic Places or(b)located within a 100-year flood plain; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size;and, d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. OJP FORM 4000/2(REV.4-88) Department of Justice f \ih �., Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 of a " Grant PROJECT NUMBER 2008-DJ-BX-0544 AWARD DATE 08/27/2008 SPECIAL CONDITIONS 6. This special condition facilitates compliance with the provisions of the National Environmental Policy Act(NEPA) relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories[hereinafter,"meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition. The Office of Justice Programs(OJP),in consultation with the Bureau of Justice Assistance,the Drug Enforcement Administration,and the Office for Community Oriented Policing Services,prepared a Program-level Environmental Assessment(Assessment)governing meth lab operations. The Assessment describes the adverse environmental, health,and safety impacts likely to be encountered by law enforcement agencies as'they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment,the following terms and conditions shall apply to the grantee for any OR funded methlab operations: A. The grantee shall ensure compliance by OR funded sub-grantees with federal,state,and local environmental, health,and safety laws and regulations applicable to meth lab operations,to include the disposal of the chemicals, equipment,and wastes resulting from those operations. B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure that the adverse environmental,health,and safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition. C The grantee shall monitor OR funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures must be included as special conditions in all subgrants:(See Part 11 of this special condition) 7. I. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration(OSHA)required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specified duties,equip the personnel with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware,equipment,and contaminated materials and wastes from the site(s)of each seized laboratory; 6. Dispose of the chemicals,equipment,and contaminated materials and wastes at properly licensed disposal facilities or,when allowable,at properly licensed recycling facilities; 7. Monitor the transport,disposal,and recycling components of subparagraphs numbered 5.and 6.immediately above in order to ensure proper compliance; 8. Have in place and implement a written agreement with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency agrees to(i)timely evaluate the environmental condition at and around the site of a closed clandestine laboratory and(ii)coordinate with the responsible patty,property owner, or others to ensure that any residual contamination is remediated,if determined necessary by the state environmental agency and in accordance with existing state and federal requirements;and 9. Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor,as defined by state law,at the site. This agreement must ensure immediate response by qualified personnel who can(i)respond to the potential health needs of any minor at the site;(ii)take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations;(iii)ensure immediate medical testing for methamphetamine toxicity;and(iv)arrange for any follow-up medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 4 w r Grant 1 PROJECT NUMBER 2008-DJ-BX-0544 AWARD DATE 08/27/2008 SPECIAL CONDITIONS 1 8. The recipient is required to establish a trust fund account.(The trust fond may or may not be an interest-bearing account.)The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate and expend the grant funds in the trust fund(including any interest earned)during the period of the grant.Grant funds(including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period,along with the final submission of the Financial Status Report(SF-269). 9. The grantee agrees to comply with all reporting,data collection and evaluation requirements,as prescribed by the BJA ' in the program guidance for the Justice Assistance Grant(JAG). Compliance with these requirements will be monitored by BJA. 10. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per 28 C.F.R.23.20(g). Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 11. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period.This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to http://www.ojp.usdoj.gov/ec/states.htm. 12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 13. The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from the Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. 14. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice(GAN)releasing this special condition. OJP FORM 4000/2(REV.4-88) Department of Justice a` Office of Justice Programs `. Bureau of Justice Assistance Wwhinglon,D C 20531 Memorandum To: Official Grant File From: Maria Berry,Environmental Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Kent ' All grants funded under the Edward Byre Memorial Justice Assistance Grant Program(JAG)will carry the following NEPA special condition: 1)The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee.Accordingly,prior to obligating grant funds,the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds.The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds.That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met.The activities covered by this special condition are: a.New construction; b.Minor renovation or remodeling of a property either(a)listed on or eligible for listing on the National Register of Historic Places or(b)located within a 100-year flood plain; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size;and, d. Implementation of a new program involving the use of chemicals other than chemicals that are(a) purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments. Application of this special condition to grantee's existing programs or activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee, upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Department of Justice GRANT MANAGER'S MEMORANDUM PT.I: l' Office of Justice Programs �,�• � PROJECT SUMMARY Y -'ate Bureau of Justice Assistance `•,.. �'" Grant - G ' PROJECT NUMBER 2008-DJ-BX-0544 PAGE I OF 1 This project is supported under 42 U.S.C.3751(a)(BJA-JAG Formula) 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Jeffery Felten-Green Debra LeRoy (202)514-8978 R&D Analyst 220 South Fourth Avenue Kent,WA 98032-5895 (253)85&5856 ' 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS BJA FY 08 Edward Byrne Memorial Justice Assistance Grant Program-Local Solicitation ON REVERSE) 4.TITLE OF PROJECT ' City of Kent Corrections Facility Substance Abuse Treatment Project 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE City of Kent 220 South Fourth Avenue Kent,WA 98032-5895 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM- 101OV2007 TO: 09/3O/2011 FROM: IWOUl2007 TO: 09130(2011 9 AMOUNT OF AWARD 10.DATE OF AWARD S 24,311 08/27/2008 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) ' The Edward Byme Memorial Justice Assistance Grant Program(JAG)allows states,tribes,and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions.Grant Rinds can be used for state and local initiatives,technical assistance,training,personnel, equipment,supplies,contractual support,and information systems for criminal justice for any one or more of the following purpose areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community corrections programs;5)drug treatment programs;6)planning,evaluation,and technology improvement programs;and 7)crime victim and witness programs(other then compensation). ' OJP FORM 4000/2(REV.4-88) The county of Kent will utilize its Fiscal Year 2008 JAG award in the amount of$24,311 for substance abuse treatment and education at the City of Kent Corrections Facility(CKCF). The CKCF will offer group relapse prevention treatment and chemical dependency education to inmates. CKCF supports reentry programs that help develop and assist offenders with transitioning from jail to the community and becoming productive citizens. This program supervises offenders on electronic home detention,work release,work time credit,and day detention. Additional programs have been developed to help offenders with skills and referrals for employment.These programs together help prevent inmates from committing future crimes and returning to jail. NCA/NCF Kent City Council Meeting ' Date September 16, 2008 Category Consent Calendar - 6G 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION ILLEGAL STREET RACING EMPHASIS GRANT - ACCEPT ' 2. SUMMARY STATEMENT: Accept the grant funds from the Washington Traffic Safety Commission up to the amount of $15,000 to be used for overtime ' costs associated with special emphasis patrols to deter illegal street racing activities and authorize the Mayor to sign all necessary grant documents. ' Funding is on a reimbursement basis. 3. EXHIBITS: Award letter dated 8/22/08 4. RECOMMENDED BY: Public Safes Committee 9/9/08 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? Y Revenue? Y ' Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: STATE fl� 'L 1888 a STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S.Cherry St.,PO Box 40944 • Olympia, Washington 98504-0944 • (360)753-6197 ' 22 August 2008 Sergeant Rafael Padilla Traffic Sergeant Kent Police Department 220-4th Avenue South Kent, Washington 98032 Dear Sgt. dill On behalf of the Washington Traffic Safety Commission, I am pleased to inform you that the Kent Police Department has again been awarded a grant in an amount not to exceed $15,000.00 to conduct one or two more illegal street racing emphasis sweeps. The funding should be used for law enforcement overtime. This grant is in addition to the $7,500 previously granted for this activity. Please remember that this is federal funding and, as a result, this money expires on October 1, 2008. ' Because the dates of illegal street racing emphasis sweeps and the close of our fiscal year are close together, your agency and any other participating law enforcement agencies must submit their reimbursement requests to me prior to October 1, 2008. Please be sure the requests for reimbursement are filed before we have closed our ' books or we may not be able to pay the invoices. Please use the following reimbursement procedure: 1. Each agency must pay Its overtime for each emphasis. 2. Each agency must submit a copy of its paid overtime sheets and the activity logs with the attached Invoice Voucher (A19-1A Form) to me at the Washington Traffic Safety Commission for reimbursement. Please note that we cannot accept these documents by FAX. Be sure to have your agency identified as the "Claimant", a Federal Tax ID *, and an original signature of your agency head on the A=19 Form. 3. Your agency will be reimbursed when the A-19 Form and copy of your bill are received In our office. L� I am very impressed with the level of detail in your planning and with the amazing success of your prior sweep. It is a real pleasure to work with a fine ' agency like the Kent Police Department. If you have questions or if I can be of further service, please contact me by , telephone at 360.753.3022 or by email at pnerup@wtsc.wa.gov. Sincerely, , Penny Nerup, Program Manager , Speeding and Police Traffic Services Programs 1 1 Kent City Council Meeting Date September 16, 2008 Category Consent Calendar - 6H 1 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION "X-52: SUSTAINED ENFORCEMENT, DUI AND SPEEDING TRAFFIC SAFETY EMPHASIS" - ACCEPT 2. SUMMARY STATEMENT: Accept the grant funds from the Washington Traffic Safety Commission up to the amount of $7,000 to provide sustained overtime funding for DUI and speeding enforcement, and authorize the Police Chief to sign all necessary grant documents. The campaign entitled, "X-52 Patrols" will begin on October 13th and run through September 27, 2009. 3. EXHIBITS: Award letter dated 8/26/08 and MOU 4. RECOMMENDED BY: Public Safety Committee 9/9/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y ' Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ( DISCUSSION: ACTION: TO: King County Law Enforcement Agencies FROM: Deanne Boisvert Public Health — Seattle & King County, Injury u Prevention SUBJ: Region One, 2008 - 2009 X-52 Patrols Funding DATE: August 26, 2008 For the second year, the Washington Traffic Safety Commission (WTSC) will fund the "X52: Extra Patrols Every Week". These multi jurisdictional patrols will target DUI and speeding. Like the 2008 patrols, the WTSC has divided the state into regions to implement the patrols. Once again, Region 1 includes King, Snohomish, Island, Skagit, and Whatcom counties. Like last year, the X-52 patrols must be multi jurisdictional with a minimum of three law enforcement agencies working the same location at the same time. However, NO MATCH is required for the 2008 —2009 patrols. All are paid overtime patrols. Again, X-52 patrols MUST be coordinated through the local traffic safety task forces. Thus, as the coordinator of the King County Traffic Safety Coalition, please send all requests for funding ' and reimbursement to me, rather than theWfSC. 2008 - 2009 X-52 PATROL DATES for Region One, including King County MON — SUN October 13 — 19, 2008 Speed FRI — SUN December 12 - 14, 2008 DUI MON — SUN February 9 — 15, 2009 Speed FRI — SUN March 20 - 22, 2009 DUI MON — SUN April 13 — 19, 2009 Speed FRI — SUN June 12 - 14, 2009 DUI FRI — SUN July 24 - 26, 2009 DUI MON — SUN September 21—27, 2009 Speed Eligibility All Washington law enforcement agencies are eligible and encouraged to apply. rThe WTSC approves the use of commissioned reserve officers as long as a pay structure exists. Funding availability is on a first-come basis. The chart below provides request guidelines. Please note that the King County Traffic Safety Coalition Coordinator has the authority to adjust funding allocations, in order to maximize overtime patrol activities. Number of Commissioned Officers May request funding up to: 1- 10 $2 000 , 11 —25 $3,000 ' 26- 50 $4,000 , 51 — 100 $5,000 101 or more $7,000 General Funding Guidelines (Detailed in attached MOU) Funding is by reimbursement only. All requests for reimbursement must include an original, ' signed State of Washington invoice voucher (A19- 1A form), payroll support documents, officer activity logs, and an agency activity log with totals for the patrol. All agency and individual officer requirements for these patrols are detailed in the attached MOU. Please refer to it for agency and officer performance standards. Application for Funds , 1. If your agency chooses to participate, MAIL the ORIGINAL, signed MOUs to Deanne Boisvert no later than September 26, 2008. 2. In addition, e-mail your funding request to Deanne Boisvert, at , deanne.boisvert@kingcounty.gov, no later than September 26, 2008. Include the following information: a. The amount of funds requested ' b. Approximate number of officer hours committed to the patrols C 'ontact Information Please contact Deanne Boisvert, deanne.boisvert@kingcounty.gov or 206-263-8160, if you ' have questions or concerns. Attachment , Memorandum of Understanding #STA MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION 1 THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and en a ed in -tonQq-00I-Q9 (date), 2008 by and between the � (Agency) and the ' Washington Traffic tafety Commission (WTSC) IT IS THE PURPOSE OF THIS AGREEMENT to assist WTSC in a project titled: "'X-52: SUSTAINED ENFORCEMENT, DUI & SPEEDING TRAFFIC SAFETY EMPHASIS" ' TERM: ! October 2008 to 30 September 2009 Funding is not available for activity before or after this period. IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. Agency will provide commissioned law enforcement (active or paid reserve) with appropriate equipment (vehicle, PBT, radar/lidar, etc.) to participate in X-52 patrols. 2. WTSC will pay overtime salaries and benefits (not to exceed 1.5 times normal salary) for all law enforcement participating in X-52 patrols. 3. WTSC may also pay overtime salaries for communications officers/dispatch personnel with prior approval either of the WTSC Impaired Driving or Speeding Program Manager. 4. Agency will receive an amount not to exceed $ 000. 06 for X-52 patrols for federal fiscal year 2009. Your county task force coordinator, however, may increase or decrease that amount should circumstances dictate. ' S. Agency agrees to participate in eight multi-jurisdictional overtime patrols. Multi-jurisdictional patrols have a minimum of three agencies in the same location at the same time. Agency shall participate in two overtime patrols each quarter, one for DUI enforcement, the other for speeding enforcement, starting in October 2008 and ending September 30, 2009. Patrol dates were previously selected by your task force coordinator. If weather or other emergency precludes enforcement on one of the selected dates, Agency shall notify your task force coordinator who must notify the Impaired Driver or Speeding Program Manager that the enforcement dates have been re-scheduled. 6. Specific criteria for DUI enforcement patrols: a. DUI overtime must occur between 1600 hours on Friday and 0400 , hours on Sunday. b. If desired, Agency may substitute equipment purchases for DUI overtime money. Substitutions must be approved in advance by the Impaired Driving Program Manager. c. Any exceptions to multi-jurisdictional DUI patrols must be pre- approved, in writing, by the Impaired Driving Program Manager. , 7. Specific criteria for speeding enforcement patrols: a. Speeding overtime may occur at any time during the week ' selected by your task force coordinator. Overtime patrols need not be multi-jurisdictional if given permission from the Speeding Program Manager. b. No equipment purchases or other activities can be substituted for speeding patrols. 8. A minimum of 3 self-initiated contacts per hour is required for all X-52 , patrols. Some violator contacts may result in time-consuming activity; those activities may be considered for reimbursement providing the circumstances are written on the activity log. 9. Agency must report X52 patrol statistics on the activity log provided within 48 hours after the date of the patrol. All activity logs must be given to your task force coordinator in order to receive reimbursement. Your task force coordinator will forward them to WTSC. 10.Agency must submit claims for reimbursement in a timely manner to your task force coordinator who will forward them to WTSC for payment. , Any request for reimbursement for activity conducted prior to June 30, 2009 must be received by WTSC no later than August 15, 2009. Reimbursement for activities occurring between July 1, 2009 and September 30, 2009 must be received by WTSC no later than November 1, 2009. Requests for reimbursement received after those dates may not be paid by WTSC. 11.Claims for reimbursement must include: ♦ Invoice Voucher, A19-1A Form. Please note that we cannot accept a FAX. (We must have your agency identified as the "Claimant", a Federal Tax ID # and an original signature of the agency head, command officer or contracting officer on the A-19 forma; ♦ Payroll support documents (signed overtime slips, payroll documents, ' etc.); and ♦ Officer activity logs showing 3 or more self-initiated contacts per hour. 12.Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the WTSC, one representative from Agency, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. 13.Elther 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. 14.Agency certifies that none of the funds. for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided. 15.Agency certifies that all of the law enforcement participating in X-52 DUI emphasis patrols are SFST qualified. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. K)Z14 Igi I(C L'-�-fft a'-E — Contracting Agenc (Name) Date/Washington Traffic Safety Commission Return to Task Force Coordinator: (TFC—please fill out with your contact information) Kent CityCouncil Meeting 9 Date Seltember 16, 2008 Category Consent Calendar - 6I 1 1. SUBJECT: ACTIVE NETWORK ONLINE UTILITY PAYMENT IMPLEMENTATION - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign all necessary documents to purchase the Online Utility Payment software module from Active Network in an amount not to exceed $68,000. The City currently utilizes the Active Network Class software product as the enterprise point of sale application. The Online Utility Payment implementation ■ will enhance the existing software system to provide the ability for residents to make City of Kent utility payments online (via internet). Providing the ability for residents to make City utility payments online will provide for improved customer service as well as increased efficiency in processing utility payments. 3. EXHIBITS: Active Network Quote - Online Utility Payment 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Quoted by. CynthiaGriffin Date: 06/24/20082008 Quote Expiration: 09/25/2008 Quote Number: 61295 Pricing- Online Utility Payments Scott Fukuda Phone: 253-856-4621 Kent IT Dept Fax: 220 4th Ave S Email: sfukuda@ci.kent.wa.us Reference Id: 1080/129505 Kent, WA 98032 Purchase Order: Software No.Of License Partner Total License Maintenance Licenses Cost Incentive cost Fee INTEGRATION&REPORTING Department Connector(Bus 2 $10,000 ($51000) $15,000 $5,000 Licenses and Taxes) PUBLIC ACCESS Internet POS Server 1 $10,000 ($11500) $8,500 $2,500 Total Software $23,500 Total Annual Maintenance Cost: $7,500 Services Days Unit Partner Extended Price Price Incentive Remote Services 2 $1,320 $2,640 Project Management 2 $1,760 $3,520 Business Process Review/Workflow Analysis 2$1,760 $3,520 Integration Services 10$1,760 $17,600 Implementation and Training 2 $1,760 $3,520 Total Services $30,800 Quote Summary Total Software Cost $23,500 j Total Services Cost $30,8001 Total Software: $ 54,300 Total Maintenance: $ 7,500 Total Costs: $ 61,8001 • Sales taxes, where applicable, are not included and prices are In the currency of the country of installation (subject to change without notice). • Hardware, operating system, 3rd party software and site preparation are not included unless otherwise noted. i • Annual software maintenance is 25% of prevailing list(min. $1500/yr) • Maintenance Accreditation and Internet Discounts, as well as Extended Support options are available and outlined in the Software Services Agreement • Pre-Project planning and Documentation fees are $1,760 per day for off-site services. • On-site Implementation and Training Services are$1,760 per day exclusive of airfare, five(5) participants per class. Additional participants$100 each to a maximum of ten (10). • On-site Professional Services are $1,760 per day exclusive of airfare. • On-site Technical Services are$1,760 per day exclusive of airfare. • A dedicated database server, as well as a Windows server is highly recommended for each of the IVR and Internet(plus MS IIS) modules. • Class ships on CD ROM or DVD (version dependant). • A full set of manuals is provided on the CD/DVD provided with each system. • Internet Services require database access components, priced separately by database. For existing customers, this quote may be executed by purchase order; however the most recent enforceable , Agreement will contain the only commercial terms applicable to such transaction despite such purchase or other order stating otherwise. 1 i 1 1 1 1 Kent CityCouncil Meeting 9 Date September 16, 2008 Category Other Business - 7A 1. SUBJECT: LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS ORDINANCE 2. SUMMARY STATEMENT: In conjunction with the issuance of the $24 million LTGO Bonds, authorized by Council on August 19, 2008, an opportunity exists to refund the outstanding 1999 LTGO bonds and achieve a present value savings of approximately $330,000. The budget for the debt service for the 1999 LTGO Bonds will be reduced by approximately $37,000 annually from 2009 through and including 2019. The gross savings from this transactions will be approximately $409,000 with a present value of approximately $330,000. The savings are enhanced by being able to spread the costs of issuance over the new money LTGO Bonds as well as the Refunding Bonds. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance No. V approving the issuance of Refunding Bonds for the 1999 Limited Tax General Obligation Bonds. DISCUSSION: � - /U- � ACTION: 1 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the issuance and sale of limited tax general obligation refunding bonds of the City in the aggregate principal amount of not to exceed $8,700,000 to provide funds for the purpose of refunding certain unlimited tax general obligation bonds of the City, and paying costs of issuance of the bonds; providing the form and terms of the bonds; and delegating authority to approve the final terms of the bonds. PASSED: September 16, 2008 This document prepared by: K&L Preston Gates Ellis LLP Seattle, Washington LTGO Refunding Bonds, 2008 TABLE OF CONTENTS Paae j SECTION 1. - Definitions ......................................................... 2 SECTION 2. - Authorization of Bonds......................................... 5 SECTION 3. -Description of Bonds ............................................ 5 SECTION 4. - Registration, Transfer and payment of Bonds.......... 6 SECTION 5. - Redemption and Purchase of Bonds ..................... 10 SECTION 6. - Form of the Bonds ............................................ 13 SECTION 7. - Execution of the Bonds ...................................... 16 SECTIONS. - Refunding Procedures........................................ 17 SECTION 9. - Tax Covenants-Bonds........................................ 19 SECTION 10. - Bond Fund; Provision for Payment..................... 21 SECTION 11. - Defeasance .................................................... 21 SECTION 12. - Sale of the Bonds............................................ 22 SECTION 13. - Bond Insurance .............................................. 24 SECTION 14. - Continuing Disclosure Undertaking .................... 25 SECTION 15. - Lost, Stolen or Destroyed Bonds ....................... 27 SECTION 16. - Severability.................................................... 28 SECTION 17. - Effective Date of Ordinance .............................. 28 1 t i 1 1 LTGO Refunding Bonds, 2008 CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the issuance and sale of limited tax general obligation refunding bonds of the City in the aggregate principal amount of not to exceed $8,700,000 to provide funds for the purpose of refunding certain unlimited tax general obligation bonds of the City, and paying costs of issuance of the bonds; providing the form and terms of the bonds; and delegating authority to approve the final terms of the bonds. RECITALS A. Pursuant to Ordinance No. 3444 (the "1999 Bond Ordinance"), passed on March 16, 1999, the City of Kent, Washington (the "City") has issued and has outstanding its Limited Tax General Obligation Bonds, 1999, issued under date of March 15, 1999 (the "1999 Bonds"), a portion of which is eligible for refunding: Maturity Principal Interest (December 1) Amount Rate 2010 $ 655,000 4.50% 2011 685,000 4.60 1 2012 715,000 4.70 2013 750,000 4.75 2019 5,335,000 5.00 (the "1999 Refunding Candidates"); and B. The 1999 Bond Ordinance authorizes the redemption and defeasance of the 1999 Refunding Candidates in advance of their scheduled maturity on or after December 1, 2009, at any time at prices set 1 LTGO Refunding Bonds, 2008 forth in the 1999 Bond Ordinance plus accrued interest to the date of redemption; and C. After due consideration it appears to this Council that all or a portion of the 1999 Refunding Candidates may be defeased and refunded by the proceeds of the refunding bonds authorized herein (the "Bonds") at a substantial savings to the City; and D. To effect such refunding in the manner that will be most advantageous to the City, it is hereby found necessary and advisable that certain "Acquired Obligations" (hereinafter identified) be purchased out of the proceeds of sale of the Bonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, 1 WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. - Definitions. As used in this ordinance, the following words shall have the following meanings: 1 Acquired Obligations means the Governmental Obligations now or hereafter acquired by the City pursuant to Section 8 of this ordinance to effect the refunding of the Refunded Bonds. Beneficial Owner means any person that has or shares the power, directly or indirectly to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Fund means the LTGO Bond Debt Service Fund described in Section 10 of this ordinance. Bond Insurance Policy means the municipal bond insurance policy, if any, issued by the Insurer insuring the payment when due of the principal of and interest on all or a portion of the Bonds as provided therein. Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriters and City, executed pursuant to Section 12 of this ordinance. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. 2 LTGO Refunding Bonds, 2008 Bond Registrar means, initially, the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bonds means the City of Kent, Washington Limited Tax General Obligation Refunding Bonds, Series 2008C, if any, issued pursuant to this ordinance. Bond Year means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no day is selected by the City before the earlier of the final maturity date of the Bonds or the date that is five years after the date of issuance of the Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of the Bonds. City means the City of Kent, Washington, a municipal corporation of the State of Washington. Code means the Internal Revenue Code of 1986, as amended, and shall include all applicable regulations and rulings relating thereto. Commission means the Securities and Exchange Commission. Council means the City Council of the City, as the same shall be duly and regularly constituted from time to time. Designated City Representative means the Mayor of the City and any successor to the functions of such office. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 4 hereof. Government Obligations means those obligations now or hereafter defined as such in chapter 39.53 RCW. Insurer means the municipal bond insurance company, if any, selected and designated by the Designated City Representative, pursuant to Section 13 of this ordinance, or any successor thereto or assignee thereof, as issuer of a Bond Insurance Policy for all or a portion of the Bonds. 3 LTGO Refunding Bonds, 2008 t Letter of Representations means the blanket issuer letter of representations from the City to DTC. MSRB means the Municipal Securities Rulemaking Board or any successor to its functions. Net Proceeds, when used with reference with the Bonds, means the principal amount of the Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. 1999 Bonds means the outstanding "City of Kent, Washington Limited Tax General Obligation Bonds, 1999 ' issued pursuant to the 1999 Bond Ordinance. 1999 Bond Ordinance means Ordinance No. 3444 passed by the City Council on March 16, 1999, authorizing the issuance of the 1999 Bonds. 1999 Refunding Candidates means the 1999 Bonds identified in the recitals to this ordinance. NRMSIR means a nationally recognized municipal securities information repository. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a day-to-day basis if the rental paid by 1 such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community ' groups or community recreational groups is not treated as Private Person t 4 LTGO Refunding Bonds, 2008 Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. RCW means the Revised Code of Washington. Refunded Bonds means the 1999 Refunding Candidates selected as Refunded Bonds by the Designated City Representative pursuant to Section 8(a). Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book- entry only form, DTC shall be deemed to be the sole Registered Owner. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. Savings Target means a dollar amount equal to at least [three percent (3.0%)] of the outstanding principal of the Refunded Bonds. SID means a state information depository, if any, for the State of Washington. Underwriters mean Siebert Brandford Shank & Co., LLC, Lehman Brothers Inc. and Piper ]affray & Co. SECTION 2. - Authorization of Bonds. The City shall issue limited tax general obligation refunding bonds (the 'Bonds") in an aggregate amount not to exceed $8,700,000 for the purpose of providing the funds necessary to (i) refund the Refunded Bonds and (ii) pay all or a portion of the costs incidental to the foregoing and to the issuance of the Bonds. SECTION 3. -Description of Bonds. The Bonds shall be general obligations of the City; shall be designated the "City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2008", with an additional series designation of "C", if necessary; shall be dated as of their initial date of delivery; shall be fully registered as to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof within a maturity, provided that no Bond shall represent more than one 5 LTGO Refunding Bonds, 2008 maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest from their date, payable on December 1, 2008, and semiannually thereafter on the first days of each June and December; and shall mature on December 1 in the years and principal amounts set forth and approved in the Bond Purchase Contract executed by the Designated City Representative pursuant to Section 12 of this ordinance. SECTION 4. - Registration, Transfer and Payment of Bonds. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 14 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only 6 LTGO Refunding Bonds, 2008 as described in this section, but such Bond may be transferred as herein provided. All such payments made as described in this section shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such 7 LTGO Refunding Bonds, 2008 immobilized Bonds, or any portions thereof, may not thereafter be transferred except (i) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (ii) to any substitute depository appointed by the Finance Director pursuant to this section or such substitute depository's successor; or (iii) to any other person as specifically provided in this section. Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book-entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. In the case of any transfer pursuant to clause (i) or (ii) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. In the event that (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (ii) the Finance Director determines that it is in the best interest of the Beneficial Owners of the Bonds that such i owners be able to obtain such bonds in the form of Bond certificates, the ownership of the Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully-immobilized form. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of definitive Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on i 8 LTGO Refunding Bonds, 2008 ■ behalf of the Finance Director to the Bond Registrar, new Bonds shall be 1 issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to exchange any Bond during the 15 days preceding any interest payment or principal payment date any such Bond is to be redeemed. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each 2008A Bond that complies with the provisions of Section 149(a) of the Code. 9 LTGO Refunding Bonds, 2008 Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the applicable payment date), such , payment shall be made by the Bond Registrar by wire transfer to the account within the continental United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of I the Bond Registrar. SECTION S. - Redemption and Purchase of Bonds. The Bonds may be called for redemption prior to scheduled maturity under terms approved by the Designated City Representative in the Bond Purchase Contract pursuant to Section 12 of this ordinance. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this section. If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by DTC or the Bond Registrar) in increments of 10 LTGO Refunding Bonds, 2008 $5,000. In the case of a Bond of a denomination greater than $5,000, the ' City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal sum of a Bond is ' redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. For so long as the Bonds are held in uncertificated form, notice of redemption (which notice may be conditional) shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. Thereafter (if the Bonds are no longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 30 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (i) the redemption date, (ii) the redemption price, (iii) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (iv) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from 11 LTGO Refunding Bonds, 2008 and after said date, and (v) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment ' shall be the principal office of the Bond Registrar. On or prior to any redemption date, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. If an unconditional notice of redemption has been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of ' interest. All Bonds which have been redeemed shall be canceled and destroyed by the Bond Registrar and shall not be reissued. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as , above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (i) the CUSIP numbers of all Bonds being redeemed; (ii) the date of issue of the Bonds as originally issued; (iii) the rate of interest borne by each Bond being redeemed; (iv) the maturity date of each Bond being redeemed; and (v) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 35 days before the redemption date to each party t entitled to receive notice pursuant to Section 14, the Insurer, if any, and to the Underwriters and with such additional information as the City shall 12 LTGO Refunding Bonds, 2008 deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. The foregoing notice provisions of this Section 5, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of I redemption of municipal securities. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director. Bonds purchased by the City shall be cancelled. SECTION 6. - Form of the Bonds. The Bonds shall be in substantially the following form: [DTC LANGUAGE] [STATEMENT OF INSURANCE] UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF KENT, WASHINGTON LIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2008C INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Kent, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date ' identified above, the Principal Amount indicated above and to pay interest thereon from , 2008, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on December 1, 2008, and semiannually thereafter on the first days of each succeeding June and December. Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully 13 LTGO Refunding Bonds, 2008 immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on September 16, 2008 (the "Bond Ordinance"). Capitalized terms used in , this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds of like date, tenor, rate of interest and date of maturity, except as to number and amount in , the aggregate principal amount of $ and is issued pursuant to the Bond Ordinance to refund certain outstanding limited tax general obligation bonds of the City and to pay costs of issuance. [Simultaneously with the issuance of the bonds of this issue the City has issued its City of Kent, Washington Limited Tax General Obligation Bonds, 2008A and 2008B (Taxable).] The bonds of this issue are subject to redemption prior to their stated maturities as provided in the Bond Ordinance. The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The bonds of this issue are not "qualified tax-exempt obligations" for investment by financial institutions under Section 265(b) of the Code. The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist, to have 14 LTGO Refunding Bonds, 2008 happened, been done and performed precedent to and in the issuance of this bond have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be executed by the manual or facsimile signatures of the Mayor and City Clerk and the seal of the City imprinted, impressed or otherwise reproduced hereon as of this day of , 2008. CITY OF KENT, WASHINGTON /s/ manual or facsimile By Mayor ATTEST: /s/ manual or facsimile City Clerk [SEAL] The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Bond Ordinance and is one of the Limited Tax General Obligation Refunding Bonds, 2008C of the City of Kent, Washington, dated , 2008. WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By 15 LTGO Refunding Bonds, 2008 ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto PLEASE INSERT SOCIAL SECURITY OR TAXPAYER IDENTIFICATION NUMBER OF TRANSFEREE (Please print or typewrite name and address, including zip code of Transferee) , the within bond and all rights thereunder and does hereby irrevocably constitute and appoint of , or its successor, as agent to transfer said bond on the books kept by the Bond Registrar for registration thereof, with full power of substitution in the premises. DATED: , SIGNATURE GUARANTEED: Notice: signature(s) must be guaranteed pursuant to law. NOTE: The signature of this Assignment must correspond with the name of the registered owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. SECTION 7. - Execution of the Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signatures of the Mayor and City Clerk of the City and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, 16 LTGO Refunding Bonds, 2008 authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. SECTION S. - Refunding Procedures (a) Designation of Refunded Bonds. All or some of the 1999 Refunding Candidates may be refunded and refinanced with the proceeds of the Bonds authorized by this ordinance. The Designated City Representative may select some or all of the 1999 Refunding Candidates and designate those 1999 Refunding Candidates as the "Refunded Bonds" at or prior to the time of sale of the Bonds. (b) Creation of Refunding Account. A special account is hereby authorized to be created by the Finance Director, which account is to be drawn for the sole purpose of paying (or purchasing Government Obligations, which obligations so purchased, are herein called "Acquired Obligations") maturing in such amounts and at such times as to pay) the principal of and premium and interest on the Refunded Bonds. The special account shall be held as a trust fund for the benefit of the owners of the Refunded Bonds, wholly segregated from all other funds and securities on deposit with the Finance Director. The Finance Director shall not allow the assets or amounts on deposit for the benefit of the Refunded Bonds to be commingled with any other funds or securities of the City. The Finance 17 LTGO Refunding Bonds, 2008 Director shall cause the assets and amounts on deposit in such special account to be held and disposed of only as set forth in this section. (c) Apl2lication of Bond Proceeds. A portion of the net proceeds of the Bonds (exclusive of any amounts designated by the Designated City Representative to be used to pay costs of issuance of the Bonds), together with other available funds of the City in the amount specified by the Designated City Representative, shall be applied at the direction of the Designated City Representative to purchase the Acquired Obligations to be used to redeem the Refunded Bonds on their redemption date. (d) Defeasance of Refunded Bonds. The net proceeds of the Bonds so deposited shall be utilized immediately upon receipt thereof to redeem Refunded Bonds or to purchase the Government Obligations specified by the Designated City Representative and to maintain such ' necessary beginning cash balance to defease the Refunded Bonds and to discharge the other obligations of the City relating thereto under the 1999 Bond Ordinance, by providing for the payment of the interest on the Refunded Bonds to the date fixed for redemption and the redemption price on the redemption date for the Refunded Bonds. When the final transfers have been made for the payment of such redemption price and interest on the Refunded Bonds, any balance then remaining shall be used for the purposes specified by the Designated City Representative. (e) Redemption of Refunded Bonds. The Council hereby calls the Refunded Bonds that are callable for redemption on the redemption date specified by the Designated City Representative in accordance with the 1999 Bond Ordinance. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the deposit of the proceeds of the Bonds as described in Section 8(c). The Designated City Representative shall be authorized and directed to provide for the giving of irrevocable notice of the redemption of the callable Refunded Bonds in accordance with the terms of the 1999 Bond 18 LTGO Refunding Bonds, 2008 Ordinance. The Finance Director is authorized and directed to provide whatever assistance is necessary to accomplish such redemption and the giving of notice therefor. SECTION 9. - Tax Covenants-Bonds. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if such use had been reasonably expected on the dates of delivery of the Bonds to the initial purchasers thereof, would have caused the Bonds to be treated as "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. The City covenants that for as long as the Bonds are outstanding, it will not permit: (i) more than 10% of the Net Proceeds of the Bonds to be allocated to any Private Person Use; and (ii) more than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. 19 ' LTGO Refunding Bonds, 2008 The City further covenants that, if: (i) more than five percent of the Net Proceeds of the Bonds are allocable to any Private Person Use; and ' (ii) more than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or derived from payments (whether or not made to the City) in ' respect of property, or borrowed money, used or to be used for any Private Person Use, then, any Private Person Use of the Projects or Private Person ' Use payments that is in excess of the five percent limitations described above will be for a Private Person Use that is related to the state or local governmental use of the Projects funded by the proceeds of the Bonds, and any Private Person Use will not exceed the amount of Net Proceeds of the Bonds allocable to the state or local governmental use portion of the , Project(s) to which the Private Person Use of such portion of the projects refunded by the proceeds of the Bonds relate. The City further covenants that it will comply with any limitations on the use of the Projects funded by the proceeds of the Bonds by other than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the ' Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for formal amendment thereof upon ' receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any ' Bonds. The City has not designated the Bonds as "qualified tax-exempt t obligations" under Section 265(b)(3) of the Code for investment by financial institutions. 1 20 LTGO Refunding Bonds, 2008 ' i SECTION 10. - Bond Fund; Provision for Payment. The City has ' heretofore established a fund to be used for the payment of debt service the Bonds, designated as the "LTGO Bond Debt Service Fund" (the "Bond Fund"). No later than the date each payment of principal of and/or interest on the Bonds matures or becomes due and payable, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources to the Bond Registrar for the payment of such principal and/or interest. ' Money in the Bond Fund not needed to pay the interest or principal next coming due may temporarily be deposited in legal investments for City ' funds. The City hereby irrevocably covenants and agrees for as long as any ' of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds as the same shall become due. The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to cities without a vote of the people, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds as the same shall become due. SECTION 11. - Defeasance. In the event that the City, in order to ' effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, cash or noncallable ' Government Obligations, or any combination of cash and/or noncallable 21 LTGO Refunding Bonds, 2008 Government Obligations, in amounts and maturities which, together with ' the known earned income therefrom, are sufficient to redeem or pay and ' retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond ' Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. ' The City shall give written notice of defeasance to the owners of all Bonds so provided for within 30 days of the defeasance and to each party entitled to receive notice in accordance with Section 14 of this ordinance. SECTION 12. - Sale of the Bonds. The Bonds shall be sold by ' negotiated sale to the Underwriters pursuant to the terms of the Bond Purchase Contract. The Designated City Representative is hereby , authorized to negotiate terms for the purchase of the Bonds and execute the Bond Purchase Contract, with such terms as are approved by her pursuant to this section and consistent with this ordinance. The Underwriters have advised the Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the Council. The , Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to determine whether to proceed with the refunding of the Refunded Bonds, to designate which of the Refunding Candidates shall be the Refunded Bonds, and to approve the final interest rates, maturity dates, aggregate principal amount, terms of redemption and redemption rights , and principal amounts of each' maturity of the Bonds. The Designated Representative is hereby authorized to determine whether to proceed with 22 LTGO Refunding Bonds, 2008 ' the refunding of the Refunded Bonds if and to the extent that the 1 aggregate savings to be realized as a result of the refunding of the Refunded Bonds (i.e., the present value of (i) the aggregate debt service on the Refunded Bonds minus (ii) the aggregate debt service on the Refunding Bonds, after payment of all costs of issuance of the Bonds), ' exceed the Savings Target. The Designated City Representative is further authorized to approve the final interest rates, aggregate principal amount, ' principal maturities and redemption rights for the Bonds in the manner provided hereafter so long as (i) the aggregate principal amount of all Bonds does not exceed $8,700,000; and (ii) the true interest cost for the Bonds does not exceed 5.50%. In determining whether or not to proceed with bond insurance and determining the final interest rates, aggregate principal amounts, principal maturities and redemption rights, the Designated City Representative, in consultation with City staff, shall take into account those factors that, in her judgment, will result in the lowest true interest cost on the Bonds to their maturity, including, but not limited to current financial market conditions and current interest rates for obligations comparable in tenor and quality to the Bonds. Subject to the terms and conditions set forth in this Section 12, the Designated City Representative is hereby authorized to execute the final form of the Bond Purchase Contract, upon the Designated City Representative's designation of the Refunded Bonds and approval of the final interest rates, aggregate principal amount, principal maturities and redemption rights set forth therein. Following the execution of the Bond Purchase Contract, the Designated City Representative shall provide a report to the Council, describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated City Representative by this Section 12 shall expire 60 days after the date of approval of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 60 days after the date of final approval of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale r 23 LTGO Refunding Bonds, 2008 approved unless such Bonds shall have been re-authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such , Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 12. , Upon the passage and approval of this ordinance, the proper officials of the City including the Designated City Representative, are authorized , and directed to undertake all actions necessary for the prompt execution and delivery of the Bonds to the Underwriters thereof and further to , execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of the Bond , Purchase Contract. The Finance Director is authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the preliminary Official Statement and Official Statement (as defined in the Bond Purchase Contract) relating to the issuance and sale of the Bonds and the , distribution of the preliminary Official Statement and Official Statement pursuant thereto with such changes, if any, as may be deemed by him to ' be appropriate. The preliminary Official Statement for the Bonds is hereby deemed final for the purposes of the Rule. SECTION 13. - Bond Insurance. The Finance Director is hereby further authorized and directed to solicit proposals from municipal bond insurance companies for the issuance of a Bond Insurance Policy. In the ' event that the Finance Director receives multiple proposals, the Finance Director may select the proposal having the lowest cost and resulting in an ' overall lower interest cost with respect to the Bonds to be insured. The Finance Director may execute a commitment received from the Insurer selected by the Finance Director. The Council further authorizes and directs all proper officers, agents, attorneys and employees of the City to cooperate with the Insurer in preparing such additional agreements, 24 LTGO Refunding Bonds, 2008 , certificates, and other documentation on behalf of the City as shall be ' necessary or advisable in providing for the Bond Insurance Policy. SECTION 14, - Continuing Disclosure Undertaking. This section constitutes the City's written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. The City agrees to provide or cause to be provided to each NRMSIR and to the SID, if any, in each case as designated by the SEC in accordance with the Rule, the following annual financial information and operating data for the prior fiscal year (commencing in 2009 for the fiscal year ended December 31, 2008): (i) annual financial statements, which statements may or may not be audited, showing ending fund balances for the City's general fund prepared in accordance with the Budgeting ' Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type included in the official statement for the Bonds; (ii) the assessed valuation of taxable property in the City; (iii) ad valorem taxes due and percentage of taxes collected; (iv) property tax levy rate per $1,000 of assessed valuation; and (v) outstanding general obligation debt of the City. Items (ii) through (v) shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before nine months after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year ' by providing written notice of the change of fiscal year to each then existing NRMSIR and the SID, if any. In lieu of providing such annual financial information and operating data, the City may cross reference to other documents provided to the NRMSIR, the SID or to the SEC and, if such document is a final official statement within the meaning of the Rule, available from the MSRB. 25 LTGO Refunding Bonds, 2008 If not provided as part of the annual financial information discussed above, the City shall provide the City's audited annual financial statement , prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available to each then existing NRMSIR and the SID, if any. The City agrees to provide or cause to be provided, in a timely manner, to the SID, if any, and to each NRMSIR notice of the occurrence of any of the following events with respect to the Bonds, if material: ' (i) principal and interest payment delinquencies; (ii) non payment related defaults; (iii) unscheduled draws on debt service reserves reflecting , financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (vii) modifications to the , rights of Bond owners; (viii) Bond calls (optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for , which notice is given pursuant to Exchange Act Release 34 238560); (ix) defeasances; (x) release, substitution or sale of property, securing repayment of the Bonds; and (xi) rating changes. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that no debt service reserves or property secure payment of the Bonds. ' The City agrees to provide or cause to be provided, in a timely manner, to each NRMSIR and to the SID, if any, notice of its failure to provide the annual financial information described above on or prior to the date set forth above. , The City's obligations to provide annual financial information and notices of material events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (i) obtains an opinion of nationally , recognized bond counsel to the effect that the portion of the Rule that 26 LTGO Refunding Bonds, 2008 , requires that provision is invalid, has been repealed retroactively or ' otherwise does not apply to the Bonds and (ii) notifies each NRMSIR and the SID, if any, of such opinion and the cancellation of this section. The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include, a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a material event, and (ii) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if ' feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. The City may elect to submit the information required by this Section 14 to be filed with the NRMSIRs and the SID, if any, directly to rDisclosureUSA.org or any other entity approved for electronic submittal by the Commission, unless or until the Commission withdraws its approval of the submission process. SECTION 1S. - Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost, stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like date, number and tenor to the Registered Owner thereof upon the Registered Owner's paying the expenses and charges of the City and the Bond Registrar in connection 27 LTGO Refunding Bonds, 2008 therewith and upon his/her filing with the City evidence satisfactory to the City that such Bond was actually lost, stolen or destroyed and of his/her ' ownership thereof, and upon furnishing the City and/or the Bond Registrar with indemnity satisfactory to the City and the Bond Registrar. SECTION 16. - Severabilitv. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of , the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or ' agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way , affect the validity of the other provisions of this ordinance or of the Bonds. SECTION 17. - Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days , following its publication as required by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK , APPROVED AS TO FORM: K&L PRESTON GATES ELLIS LLP ' Special Counsel and Bond Counsel PASSED: day of September, 2008. APPROVED: day of September, 2008. PUBLISHED: day of September, 2008. 28 LTGO Refunding Bonds, 2008 ' CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place ' thereof on September 16, 2008, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after publication in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in ' the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of September, 2008. CITY OF KENT, WASHINGTON 1 1 Brenda Jacober, City Clerk P\21266_SC121266_OVS REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE �n4(t. 7 to 5•'QO sip rg E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS IPma-,/ Oct �a H. ADMINISTRATION CIO Grid S = d0 Z�Og Op VJeJ CSC+ t -7-9 k0 sc h od REPORTS FROM SPECIAL COMMITTEES 0 [SENT WASHINGTON OPERATIONS COMMITTEE MINUTES AUGUST 19, 2008 Committee Memberf Present: Debbie Raplee, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:03 p.m. 1. APPROVAL OF MINUTES DATED AUGUST 5, 2008 Thomas moved to approve the minutes of the August 5, 2008, Operation Committee meeting. Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED AUGUST 15, 2008 Finance Director Bob Nachlinger presented the vouchers for August 15, 2008 for approval. Raplee moved to approve the vouchers dated August 1% 2008. Thomas seconded the motion, which passed 3-0. 3. RATIFICATION OF GOOQS AND SERVICES - ,AQVANCED BROADCA SOLUTIONS Information Technology Director Mike Carrington advised that the next 3 recommended motions are related to the original Digital Upgrade Multimedia Workflow Management System Motion that was originally approved by the Mayor on February 5, 2008. That motion gave Mayor Cooke the approval to sign related' project purchase orders for an amount not to exceed $288,000. Carrington noted that there are 3 elements of the original initiative that came in over the Council approval cap of $25,000. The first one is a motion asking for ratification or goods and services secured through Advanced Broadcast Solutions in the amount of $32,125:50. That work, done under the umbrella of the Digital Upgrade project was for integrations, installations, and furniture acquisition. Specifically, it coupled and integrated the new digital systems for video capture, broadcast, non-linear editing, and video bookmarking. Those allowed for the continued capture, editing, and broadcast of channel 21 Council meetings, special programs for departments, and public education and government programming. Carrington advised that the primary function of that aspect of the project was to secure a vendor who could install and integrate the digital upgrade products that were selected. There were also some Ancillary tasks that included physical clean-up and reorganization of the original installation. Carrington presented pictures showing the before and after to give a feel of what IT was looking at. Operations Committee Minutes August 5, 2008 Page: 2 Questions were raised by the Committee which Carrington responded to. Finance Director Bob Nachlinger answered financial policy and procedure questions posed by the Committee. Raplee moved to recommend that the City Council authorize the ratification of j goods and services from Advanced Broadcasts Solutions in support of the IT Multimedia Digital Upgrade project in the amount of $32,125.50. Thomas seconded the motion, which passed 3-0. 4. RATIFICATION OF THE COMPLETION 'OF PROFESSIONAL SERVICES BRIDGE CONSOLING Information Technology Director Mike Carrington presented the memo to ratify the completion of,professional services by Bridge Consulting in support of the IT Multimedia Digital Upgrade project at a cost of $40,000. In support of the digital upgrade project, Carrington noted that the following services were rendered: Project Management - Project management oversight, risk mitigation and schedule coordination, milestone tracking, and project status reporting. Business Requirements Gathering - Capture, evaluation, and prioritization of business and software requirements. Business Process Reengineering - Customer workflow gap analysis coupled with business process efficiency assessments. Business process change suggestions based on time, budget, management and staff priorities. Contract Management - Vendor contract outlines, drafts and negotiation support. Carrington stated that their efforts to transition the Multimedia Division from outdated and failing analog equipment to more modern digital video and audio infrastructure, effective and efficient project management became a critical project success factor. Bridge Consulting Services successfully provided this discipline throughout the duration of several phases of the digital upgrades. Carrington provided diagrams and spreadsheets showing the "as is" workflow process before seeking the approval to purchase an electronic system and then the "to be" process noting the process Is condensed immensely. Questions were raised by the Committee which Carrington responded to. Thomas moved to recommend that the City Council authorize the ratification of the completion of professional services by Bridge Consulting in support of the IT Multimedia Digital Upgrade project at a cost of $40,000. Raplee seconded the motion, which passed 3-0. S. GOODS RECEIPT RATIFICATION — "ANTI COMPUTER SYSTEMS j Information Technology Director Mike Carrington presented the memo to ratify the receipt of goods from Avand Computer Systems in support of the IT Multimedia Workflow Management Information System at a cost of $44,348.90. Carrington stated the following goods were received: Graphic design, print and video recording customer request fulfillment software. Feature set includes: Accounting, real-time budget 1 Operations Committee Minutes August 5, 2008 Page: 3 tracking, time tracking, performance measures, cost accounting, staging/workload estimates, web orders, web approvals, fulfillment/job status, job cost estimating and reporting. In support of Multimedia's ability to fulfill staff requests for graphic design, print and video recording services, Carrington stated that they have deployed the first phase/components of the Avant! Workflow Management system. The strategic goal behind this project is to enable efficient and effective use of multimedia resources while improving customer service. The Avanti software will allow multimedia to efficiently receive staff orders for graphic design, printing and video recordings through a web based interface, estimate the-cost of those requests, evaluate alternative solutions that might save staff time, cut delivery time and/or save money, track the progress and cost of a request's fulfillment process and then proactively notify the customer of job completion. Carrington advised the return on investment (ROI) analysis during the planning stage of the project forecasted a 2-3 year payoff for the total overall cost of the project (software & consulting) and a staff time dollar savings of approximately $56,000 annually after break even. Note: Ten year cumulative ROI = N$442,800. Questions were raised by the Committee which Carrington responded to. Raplee moved to recommend that the City Council authorize the ratification of the completion of professional services by Bridge Consulting in support of the IT Multimedia Digital Upgrade project at a cost of $44,348.90. Thomas seconded the motion, which passed 3-0. The eting adjourned a :23 p.m. Ap I�Jjr4l Al Nancy Cla Operation Committe ecretary • KENT W/.9NINOTON CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES August 12, 2008 COMMITTEE MEMBERS: Les Thomas, Jamie Danielson, and Ron Harmon, Chair • The meeting was called to order by Chair Ron Harmon at 5:03 PM. • Council member Jamie Danielson was introduced as the new committee member. • Chair called for additions or changes to the agenda, there were none. 1. Augroval of Minutes L. Thomas moved to approve the minutes of the July 08, 2008 meeting. The motion was seconded by J. Danielson and passed 3-0. 2. National Night Out report - INFO ONLY Chief of Police Steve Strachan introduced Public Education Specialist Sara Wood who reported on the 70 Kent events on August 5t" . Target was the national sponsor and nearly 20 Target employees visited events with police and other city staff. 3. Keen America Beautiful. Graffiti Hurts arant - ACCEPT Chief Strachan and Sara Wood explained how the grant funds would be used. L. Thomas moved to authorize the Kent Police Department to accept the Keep America Beautiful, "Graffiti Hurts" grant in the amount of $2,000. The motion was seconded by J. Danielson and passed 3-0. 4. Department of Justice, Weed & Seed Program grant - ACCEPT Chief Strachan and Research and Development Analyst Debra LeRoy reviewed the purpose of the second year grant funds in the amount of$149,555. J. Danielson moved to recommend that Council authorize the Kent Police Department to accept the FY2008 Department of Justice Weed and Seed Program Continuation funding. The motion was seconded by L. Thomas and passed 3-0. S. Washington Auto Theft Prevention Authority grant - ACCEPT and Establish Budoet Chief Strachan and Debra LeRoy reviewed how the funds would be used for a regional task force. Chief Strachan commended Debra for her excellent work on the grant application and working with a large number of agencies in a short timeline. L. Thomas moved to recommend that Council authorize the Kent Police Department to accept the Washington Auto Theft Prevention Authority grant award in the amount of $1,030,000 and establish the budget. The motion was seconded by 3. Danielson and passed 3-0. 6. Washington Association of Sheriffs and Police Chiefs. Graffiti &Tagger Abatement Gang Crime grant application - AUTHORIZE Chief Strachan and Debra LeRoy explained how the grants funds would be used. J. Danielson moved to authorize the Kent Police Department to apply for the grant in the amount of $12,000 from Washington Association of Sheriffs and Police Chiefs. The motion was seconded by L. Thomas and passed 3-0. 7. Washinaton Association of Sheriffs and Police Chiefs, Enforcement Targeting Gana Crime grant application - AUTHORIZE Chief Strachan and Debra LeRoy explained how the grant funds would be used. L. Thomas moved to authorize the Kent Police Department to apply for the grant in the amount of $84,465 from Washington Association of Sheriffs and Police Chiefs. The motion was seconded by J. Danielson and passed 3-0. S. Proposed Ordinance - Cyberstalking Statue for Enforcement in Kent - ADOPT Deputy City Attorney Pat Fitzpatrick explained the purpose of the proposed ordinance. J. Danielson moved to recommend Council adopt the prpoposed ordinance which amends the Kent City Code in order to adopt by reference RCW 9.61.260 related to the crime of cyberstalking for enforcement in Kent. The motion was seconded by L. Thomas and passed 3-0. 9. Resolution - Kent Corrections Facility Proarams and Kent Police Department fees - ADOPT Pat Fitzpatrick and Chief Strachan explained the purpose of the proposed fee increases. J. Danielson moved to recommend Council adopt the proposed resolution relating to the fees schedule established for the Kent Corrections Facilities Programs and the fees for the Kent Police Department. The motion was seconded by L. Thomas and passed 3-0. 10. Public Safety Testing revised agreement - AUTHORIZE Pat Fitzpatrick reviewed the revisions which involve Civil Service Statues. L. Thomas moved to recommend Council authorize the Mayor to sign a three year agreement with Public Safety Testing, Inc., in the annual amount of $7,500 for testing of entry level police officers, subject to final terms and conditions acceptable to the City Attorney. The motion was seconded by J. Danielson and passed 3-0. ADDITION - Discussion Only: L. Thomas asked Chief Strachan to speak to the officer involved shooting which occurred in Kent on August 8th. Chief explained the suspect was a Bonney Lake resident, a chronic offender who fled Kent Police Officers and was shot when he attempted to run over an officer with his vehicle. The suspect suffered a minor injury, has been released from the hospital, taken into custody and is expected to be charged on August 13th. The Renton Police Department is handling the investigation. The meeting adjourned at 5:50 PM. ]o Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 August 12, 2008 CONTINUED COMMUNICATIONS A. 1 i EXECUTIVE SESSION ' ACTION AFTER EXECUTIVE SESSION