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Mayor Suzette Cooke
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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.
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COUNCIL WORKSHOP
1) PROPOSED FEES
2) 2009 CAPITAL BUDGET
PARKS, RECREATION AND COMMUNITY SERVICES
r Jeff Watling, Director
■ KENT Phone: 253-856-5007
WASHINGTON Fax: 253-856-6050
Address: 220 Fourth Avenue S.
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
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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.
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Tech Plan 2008 Projects-Timing Thru 2009
Vernon 3
New or
Existing Total Anticipated
Project ID Project Title Priority? 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
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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
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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
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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
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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
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