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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/07/2008 i City of Kent � City Council Meeting � Agenda j October 7, 2008 � Mayor Suzette Cooke Debbie Raplee, Council President ] Councilmembers i Elizabeth Albertson Ron Harmon Tim Clark Deborah Ranniger � Jamie Danielson Les Thomas KENT WA „City Clerk's Office ■ KENT CITY COUNCIL AGENDAS KENT October 7, 2008 W A H I NGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Ra lee, President Rap lee, 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. 2009 Budget Finance Director Nachlinger 90 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 Monthx D. Economic Development and Kent Event Center Updates E. Public Safety Report and Swearing In Ceremony F. Proclamation - Re Leaf 2008 G. Proclamation - Make a Difference Day-q'k" H. Proclamation - Flood Awareness Month` 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Joint Funding Agreement for the Cooperative Data-Collection Program with the U. S. Geological Survey - Authorize D. Kentview, Phase III Bill of Sale - Accept (Continued) COUNCIL MEETING AGENDA ONT NUED C I E. Oracle Database Maintenance Service - Authorize F. United Way of South King County Homelessness Coordination Grant - Accept and Amend Budget G. 2009 Washington State Arts Commission Organizational Support Grant - Accept and Amend Budget H. King County Natural Resource Stewardship Network Grant - Accept and Amend Budget I. 2009 Operating Budget - Set Date for Second Public Hearing J. 2009-2014 Capital Improvement Plan - Set Date for Second Public Hearing K. 2008 Tax Levy for 2009 Budget - Set Date for Public Hearing L. Comprehensive Plan Amendment Including Capital Improvement Plan and School District Capital Facilities Plan - Set Date for Public Hearing M. LID 359, 116th Avenue SE, Final Assessment Roll - Set Hearing Date N. 2nd Avenue Pedestrian Improvement Project - Accept as Complete 7. OTHER BUSINESS A. Lower Green River Property Acquisition Project Lease 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 B. Pending Litigation - Eminent Domain, 1118 Central Avenue So. - Potential Ordinance, C , at�cy -o 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. L-6-4 Uv � iLNvLac7 E ° roves 0o c A L '� v a c v o7� _ V._ o u ro 3 v v �> c v c C� C— ro o v o b u c o o c v ro 2 v> v s i c 0 >, �' ro C N U L a1 E ro `^ v m 7 L N 2 U '_°p �L" O� v ro v L Q L C • v A aL 0>-ow C: v a d � v o N o os om ° v C ro 9 > a s2EoorocN= v _�� v vIU � p > > vL ro a C V 0 7 a} cv j �-4 sroE�� v— u c c-° c N o v `L N v 3 a • m 6J y L C: L ro O 7 1 v 7 ° O O - 7 C v C 7 0 ra C U ro ,� O ra C c7 ro Q L.. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) EMPLOYEE OF THE MONTH D) ECONOMIC DEVELOPMENT AND KENT EVENT CENTER UPDATES E) PUBLIC SAFETY REPORT AND SWEARING IN CEREMONY F) PROCLAMATION - RELEAF 2008 G) PROCLAMATION - MAKE A DIFFERENCE DAY H) PROCLAMATION - FLOOD AWARENESS MONTH PROCLAMATION Whereas, the City of Kent has a strong and active volunteer community; 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, since 2002 the City of Kent has held a ReLeaf volunteer event to focus on reforestation and revegetation of parks, open spaces and wildlife habitat in Kent; and Whereas, to date more than 522 volunteers have planted trees as part of ReLeaf, contributing over 1,382 hours with a value to the City of nearly $18,000; and Whereas, volunteer service is an investment in the future we all must share and contribute to; and 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, Clark Lake Park's inlet stream provides shade and cover for migrating Coho salmon; NOW THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the day of Saturday, October 11, 2008 as RELEAF 2008 In the City of Kent, and I encourage all citizens to join me in recognizing the importance of this observance by volunteering your time to help in our community. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 7th day of October 2008. 204c�� t u Cooke, Mayor KENT W A S M I N O T O N PROCCANAIr' low 'Whereas, the City of Xent has a strong and active voCunteer community; and 'Whereas, connecting with others and working together through volunteer service wiCC unite the diverse groups in our community to complete a successfuCproject, and 'Whereas, since 1995 the City of Xent has joined the millions of volunteers throughout the nation on the annuaC MaAe a Difference Day to improve the quality of the parks, traiCs and open spaces in Xent; and 'Whereas, Xent Parks, Recreation and Community Services Department is dedicated to enriching lives by providing safe and inviting parks, open spaces andfaciCities; and 'Whereas, the City of xent, the Points of Light Foundation, US-A 'Weekend magazine, and' volunteers in the Xent community wiCC join together for a common goaCto improve facilities in Xent, and 'Whereas, voCunteer service ,is an investment in the future in which we all shouCd share and contribute; NO-W, 'PHEREFORE, I, Suzette Cooke, Mayor of the City of .pent, do hereby procCaim the day of Saturday, October 25, 2oo8 as MAXE A DIFFERENCE DAY In the City of .Cent, -Washington, and I encourage all citizens to join me in recognizing the importance of this observance by volunteering your time to help "✓Nake a D�ference" in our community. In witness whereof,, I have hereunto set my hand and caused the seaCof xent to be affixe t 7thth day of October 2oo8. 4 S ett o ke, Mayor KENT W A 3 H I N 0 T 0 N PROCLAMATION WHEREAS, major flooding conditions can cause significant damage to public and private property, disruption of public services and loss of human life; and jWHEREAS, the City of Kent has experienced major flooding conditions in the past, and our community remains vulnerable to major floods; and WHEREAS, the loss of life and property damage can be significantly reduced as appropriate flood preparedness measures are taken before, during and after a flood; and WHEREAS, the City of Kent prepares each fall for flooding conditions from heavy rains by participating in flood awareness and flood warning; and WHEREAS, we can reduce risk and help make our communities more damage resistant by providing information to residents and property owners about actions they can take to prepare for floods; and WHEREAS, City departments and City employees should be prepared so they can continue to provide City services during and following a flood; and WHEREAS, the importance of flood awareness will be highlighted during the month of October as the City of Kent, the King County Flood Control Zone District, the US Army Corps of Engineers, the Federal Emergency Management Agency and agencies throughout the state promote awareness of flood planning; NOW, THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim October 2008 as FLOOD AWARENESS MONTH In the City of Kent, Washington, and I encourage all citizens to increase their knowledge and awareness of proper safety measures to follow before, during and after a flood. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 7th day of October 2008. AL Cooke, Mayor KENT W A 5 H 1 14 0 T 0 N Kent City Council Meeting Date October 7, 2008 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember1:22 seconds to approve C nsent Calendar Items A through N. Discussion /Lt C, Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of September 16, 2008. 6B. Approval of Bills. Approval of payment of the bills received through September 15 and paid on September 15 after auditing by the Operations Committee on September 18, 2008. Approval of checks issued for vouchers: Date Check Numbers Amount 9/15/08 Wire Transfers 3407-3427 $6,266,782.58 9/15/08 Regular Checks 624340-624871 1,696,424.18 Use Tax Payable 3,316.02 $7,966,522.78 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5, 2008: Date Check Numbers Amount 9/5/08 Checks 307176-307475 $ 257,283.63 9/5/08 Advices 235804-236556 1,489,646.80 $1,746,930.43 i Kent City Council Meeting g W AS HI NOTON September 16, 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) CAO Hodgson announced that there is no need for an Executive Session tonight. B. From the Public. (CFN-198) There were no changes from the audience. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no public recognition items. B. Community Events. (CFN-198) Ranniger announced the Spotlight Series kickoff on Sunday and the opening of the Community Center at Phoenix Academy. C. Employee of the Month. (CFN-147) Mayor Cooke announced that Kelly Peterson, of Public Works Environmental Engineering, has been selected as Employee of the Month for September. Peterson's supervisor noted that he exemplifies all of the City's values through his actions, and offered his congratulations. D. Employee Recognition. (CFN-118) Parks Director Watling explained that a Parks employee, Jeff Veach, recently turned in a deposit belonging to the Glory House Fellowship, which he found outside a bank. Pastor Marvin Mitchell and some of the congregants individually thanked Veach, presented him with cards, a certificate of appreciation, and a balloon bouquet. The City also expressed pride in Veach's actions. E. Day of Concern for the Hungry. (CFN-155) Mayor Cooke declared September 27, 2008, as Day of Concern for the Hungry, and Arthur Lee, Executive Director of the Emergency Feed the Hungry Program, accepted the proclamation. He explained the program and urged everyone to participate on September 27cn F. National Public Lands Week at Turnkey Park. (CFN-155) Mayor Cooke proclaimed the week of September 22-27, 2008, as National Public Lands Week at Turnkey Park. Victoria Andrews of the Parks Department explained what will be taking place at the park during the week and encouraged interested people to contact her. G. Kent4Health Recognition. (CFN-198) Executive Assistant Pam Clark of Administration explained the program and the recent Walk, Run, Ride & Roll to the Olympic Games. The top three winners in each category were then introduced and presented with certificates. 1 Kent City Council Minutes September 16, 2008 PUBLIC HEARINGS A. 2009 Budget. (CFN-186) Finance Director Nachlinger noted that this date has been set for input from citizens on the 2009 Budget. Mayor Cooke opened the public hearing. There were no comments from the audience and Clark moved to close the public hearing. Raplee seconded and the motion carried. B. 2009-2014 Capital Improvement Plan. (CFN-775) Finance Director Nachlinger noted that this date has been set for input from citizens on the 2009- 2014 Capital Improvement Plan. Mayor Cooke opened the public hearing. There were no comments from the audience and Clark moved to close the public hearing. Raplee seconded and the motion carried. CONSENT CALENDAR Raplee moved to adopt Consent Calendar Items A through I. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of September 2, 2008, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 2, 2008, were approved. 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 Checks issued for interim payroll for August 20 and paid on August 20, 2008, were approved: Date Check Numbers Amount 8/20/08 Checks 307174 $556.87 8/20/08 Void Check 307124 590.16 $ 33.29 Checks issued for interim payroll for August 26 and paid on August 26, 2008, were approved: Date Check Numbers Amount 8/26/08 Check 307175 $818.23 8/26/08 Void Check 307144 788.01 $ 30.22 2 1 Kent City Council Min utes September 16, 2008 C. 2008 TechnologyPlan. CFN-1155 The 2008 Technology Plan project list and ( ) 9Y p J establishment of a project budget of $3.1 million was approved. The Mayor was authorized 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. D. Communications Technology Infrastructure Master Plan, Phase III. (CFN-1155) The Mayor was authorized to sign a consultant contract supporting the I 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. E. Washington Association of Sheriffs and Police Chiefs, Graffiti &Taggers Abatement Grant. (CFN-122) The grant funds from the Washington Association of Sheriffs and Police Chiefs' Gangs and Graffiti Allocation Committee in the amount of $7,000 for gang related graffiti and tagging were accepted, establishment of a budget for same was authorized, and the Police Chief was authorized to sign all necessary grant documents. F. FY2008 Edward Byrne Memorial Justice Assistance Grant. (CFN-122) The Kent Police Department's award of the FY2008 Justice Assistance Grant in the amount of $24,311 was accepted and the Mayor was authorized to sign all necessary grant documents. G. Washington Traffic Safety Commission Illegal Street Racing Emphasis Grant. (CFN-122) 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 was accepted and the Mayor was authorized to sign all necessary grant documents. H. Washington Traffic Safety Commission "X-52: Sustained Enforcement, DUI and Speeding Traffic Safety Emphasis". (CFN-122) 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 were accepted and the Police Chief was authorized to sign all necessary grant documents. I. Active Network Online Utility Payment Implementation. (CFN-1156) The Mayor was authorized 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 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) for improved customer service as well as increased efficiency in processing utility payments. OTHER BUSINESS A. Limited Tax General Obligation Refunding Bonds. (CFN-104) Finance Director Nachlinger explained that in conjunction with the issuance of the $24,000,000 LTGO bonds which were authorized by Council on August 19, 2008, there is an opportunity to refund the outstanding 1999 LTGO bonds and achieve a 3 Kent City Council Minutes September 16 2008 resent value savings of approximately 330 000. He explained that the budget for P 9 PP Y $ P 9 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 the trans- actions would be approximately $409,000. The savings would be enhanced by being able to spread the costs of issuance over the new money LTGO bonds as well as the refunding bonds. He added that this item was discussed by the Operations Committee today and came to Council tonight due to time sensitivity. Clark moved to adopt Ordinance No. 3893 approving the issuance of Refunding Bonds for the 1999 Limited Tax General Obligation Bonds. Raplee seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) No report was given. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be held at 5:00 p.m. on September 18, 2008. E. Planning and Economic Development Committee. (CFN-198) No report was given. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) Ranniger reported that the next meeting will be on October 6, 2008. H. Administration. (CFN-198) CAO Hodgson announced a special workshop on the 2009 budget from 3:00 to 6:00 p.m. on Tuesday, September 23, 2008, that the workshop on October 7 starts at 5:00 p.m. instead of the usual 5:30, and that there will be a meeting with the school district from 7:00 to 9:00 p.m. on Wednesday, October 15, 2008. He also reiterated that there will be no Executive Session tonight. ADJOURNMENT The meeting adjourned at 8:00 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk r 4 Kent City Council Meeting Date October 7, 2008 Category Consent Calendar - 6C 1. SUBJECT: JOINT FUNDING AGREEMENT FOR THE COOPERATIVE DATA- COLLECTION PROGRAM WITH THE U.S. GEOLOGICAL SURVEY - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Joint Funding Agreement between the City and the U.S. Geological Survey (USGS) for $46,610 for the U.S Geological Survey to provide operation, maintenance, and data collection at the Springbrook Creek, Mill Creek, and Rock Creek Gaging stations, subject to the terms and conditions acceptable to the City Attorney and Public Works Director. The City of Kent will contribute $46,610 to the annual program costs of $88,650 with the USGS providing the remainder. 3. EXHIBITS: Public Works memo, maps and consultant contract 4. RECOMMENDED BY: Public Works 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: PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KENT Phone: 253-856-5500 W A S H I N G T O N Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 15, 2008 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: September 15, 2008 From: Michael Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Joint Funding Agreement for the cooperative data-collection program with the U.S. Geological Survey Motion: Recommend Council authorize the Mayor to sign the Joint Funding Agreement between the City of Kent and the U.S. Geological Survey upon concurrence of the language therein by the City Attorney and Public Works Director, for $46,610 for the U.S. Geological Survey to provide operation, maintenance and data collection at the Springbrook Creek, Mill Creek and Rock Creek Gaging stations. Summary: This is an on-going program with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. The City of Kent will contribute $46,610 to the annual program costs of $88,650 with the USGS providing the remainder. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of City design of stormwater flood projection models. The gages, through their link to internet web sites, allow staff and the public to monitor stream flow levels from remote locations. The stream flow measured at the gage at Rock Creek and Kent Kangley Road is proposed to be used as a criteria to determine the City's augmentation of flows in Rock Creek during certain periods of the year. This contract will provide for operation, maintenance and data collection at five gages. Two are located on Mill Creek, one on Springbrook Creek and two on Rock Creek. 1 Budget Impact: No Budget Impact. rU•\PWCommrttee\ActionPage\2008\091508USGSJomtFundmgAgrmnt.doc WA098/09W4WA09800/FY09-C ENT OF yA United States Department of the Interior N 7 � U.S. GEOLOGICAL SURVEY USGS Washington Water Science Center 934 Broadway, Suite 300 Tacoma, Washington 98402 (253) 552-1600 • FAX (253) 552-1581 hftp://wa.water.usgs.gov/ A 1 August 1, 2008 Mr. Mike Mactutis Manager, Environmental Engineering City of Kent 220 40'Avenue South Kent,Washington 98032-5895 Dear Mr. Mactutis: Enclosed is a spreadsheet for the cooperative data-collection program for Federal fiscal year 2009 (October 1,2008 through September 30, 2009). This program will be conducted on a fixed cost basis. The total fixed cost of the program is$88,650. Under the USGS cooperative program, $42,040 will be provided by the USGS, making the City's total share of the program costs $46,610. If this agreement is acceptable to you, please sign both copies of the enclosed Joint Funding Agreement(JFA)and return one copy to the above address. Also, please complete the customer contact information on page two of the JFA. PLEASE NOTE: In order to continue operation of these gages,the USGS will need a signed agreement no later than October 1,2008. The USGS will bill you quarterly, in four equal amounts. If you have questions regarding billing, please contact Sheila Loyd, Budget Analyst, at(253) 552-1656(e-mail: smloyd@usgLgov). The USGS has TIN number 916001254 on file for the City of Kent. If this number is not correct, please contact Sheila Loyd with the correct number. For your information,the USGS DUNS number is 093640092. Please note: Effective October 1, 2007,the USGS no longer waives the interest on delinquent debts. Debts that are not received within the timeframe stated in the Joint Funding Agreement will accrue interest at a rate established by the Department of Treasury. All customers who are billed under Joint Funding Agreements have 60 days to make payment. For billing purposes,the USGS utilizes Department of the Interior form number DI-1040, "Bill for Collection."Each bill includes the date the bill is generated and the date payment is due. If you have questions, please contact either Diane Belford,Administrative Officer at(253)552-1601, e-mail: dbelford@usgs.aoy) or Sheila Loyd. Thank you for your attention to this matter. Near real-time data for all the stations in this program are available from the USGS National database at: http-.//waterdata.uscis.gov/wa/nwis/rt. WA098/09W4WA09800/FY09-C It is understood that the results of this work will be available to the USGS for publication and use in connection with related work. If you have any questions, please contact Bob Kimbrough,Assistant Center Director for Hydrologic Data, at(253)552-1608 (e-mail: rakimbro@usgs.gov), or Kevin Linn,Team Leader, at (253)552-1675(e-mail: krlinn@usas.gov). The hydrologic technician that operates the Springbrook and Mill Creek gages is Rusty Sherman. Mr. Sherman can be contacted at(253) 552-1665 (e-mail: rsherman @ usgs.gov). The hydrologic technician that operates the Rock Creek gages is John Jern. Mr.Jem can be contacted at(253) 552-1668(e-mail:Liern@usgs.gov). Sincerely, Cynthia Barton, Ph.D., L.G., L.H.G. Center Director Enclosures cc: Assistant Center Director for Hydrologic Data, USGS WAWSC, Tacoma,WA Tacoma Field Office Chief, USGS WAWSC,Tacoma,WA Ken Frasl,Team Leader,Tacoma Field Office, USGS WAWSC,Tacoma,WA Kevin Linn, Team Leader, Tacoma Field Office, USGS WAWSC, Tacoma,WA Rusty Sherman, Hydrologic Technician, Tacoma Field Office, USGS WAWSC, Tacoma, WA John Jem, Hydrologic Technician,Tacoma Feld Office, USGS WAWSC,Tacoma,WA r U.S. Geological Survey/City of Kent Cooperative Stream-Monitoring Program October 1, 2008 through September 30, 2009 cit- USGS Total USGS Station No.12113346 Springbrook Creek at Orillia Streamflow data $7,300 $6,580 $13,880 (a) Precipitation data(not published) $1,100 $980 $2,080 Real-time satellite telemetry $1,310 $1,180 $2,490 Telephone telemetry 320 300 620 Subtotal $10,030 $9,040 $19,070 (a) USGS previously removed an acoustic velocity meter that used outdated technology and was no longer. operable. USGS proposes the purchase(or rental)of a Son-Tek AVM to replace it in order to obtain more accurate discharge data during times of variable backwater. If agreeable,costs could be provided and upgrade handled in a separate agreement. USGS Station No.12113347 Mill Creek at Earthworks Park Streamflow data $7,300 $6,580 $13,880 (b) Real-time satellite telemetry $1,310 $1,180 $2,490 Telephone telemetry $320 $300 620 Subtotal $8,930 $8,060 $16,990 (b) USGS operates peak-stage crest-stage gages upstream and downstream from street culvert downstream from gage During flood events,the peak stage measurements in the gage well may be affected by backwater from plugged outlet gates on structures. USGS Station No.12113349 Mill Creek at Onllia Streamflow data $7,300 $6,580 $13,880 Real-time satellite telemetry $1,310 $1,180 2,490 Subtotal $8,610 $7,760 $16,370 USGS Station No.12118400 Rock Creek below Diversion near Ravensdale Streamflow data $7,300 $6,580 $13,880 Real-time satellite telemetry $1,310 $1,180 $2,490 Precipitation(published) $1,820 11,g6Q $3,480 Subtotal $109430 $9,420 $19,850 USGS Station No.12118500 Rock Creek near Maple Valley Streamflow data $7,300 $6,580 $13,880 Real-time satellite telemetry $1,310 $1,180 $2.490 Subtotal $8,610 $7,760 $16,370 TOTAL $46,610 $42,040 $88,650 Form 9-1366 U.S. Department of the Interior Customer#: WA098 (Oct.2005) U.S. Geological Survey Agreement#: 09W4WA09800 Joint Funding Agreement Project#: 97229EU TIN#: 916001254 Fixed Cost 17 r- Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1ST day of OCTOBER, 2008, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, parry of the first part, and the City of Kent, party of the second part. fappropriationsn in c rdance with their 1. The parties hereto agree that subject to availability o ad accordance e respective authorities there shall be maintained in cooperation a fixed-price agreement for operation, maintenance,and data collection at the Springbrook, Mill Creek,and Rock Creek stream gaging stations, herein called the program.The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. i 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of$ N/A. by the party of the first part during the period (a) $42,040 OCTOBER 1,2008 to SEPTEMBER 30,2009 by the party of the second part during the period (b) $46,610 OCTOBER 1,2008 to SEPTEMBER 30,2009 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. , 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible.The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983). Name of Customer U.S. Geological Survey City of Kent United States Department of the Interior USGS Point of Contact Customer Point of Contact iName: Bob Kimbrough Name: Address: USGS WAWSC Address: 934 Broadway, Suite 300 Tacoma,WA 98402 Telephone: 253-552-1608 Telephone: Email: rakimbro@us4s.gov Email: Signatures Signatures B /111 Date -7-1 Fr By Date Name: Cynthia Barton, Ph.D., L.G., L.H.G. Name: Title: Center Director, USGS Washington Title: Water Science Center By Date By Date Name: Name: Title: Title: By Date By Date Name: Name: Title: Title: Form 9-1366 U.S. Department of the Interior Customer#: WA098 (Oct. 2005) U.S. Geological Survey Agreement#: 09W4WA09800 Joint Funding Agreement Project#: 97229EU , TIN#: 916001254 Fixed Cost 7 F Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1ST day of OCTOBER, 2008, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their P 9 1 Y respective authorities there shall be maintained in cooperation a fixed-price agreement for operation, maintenance,and data collection at the Springbrook, Mill Creek,and Rock Creek stream gaging stations, herein called the program.The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of$ N/A. ' by the party of the first part during the period (a) $42,040 OCTOBER 1,2008 to SEPTEMBER 30, 2009 by the party of the second part during the period (b) $46,610 OCTOBER 1,2008 to SEPTEMBER 30, 2009 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives.The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. I 1 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible.The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File 13- 212222, August 23, 1983). Name of Customer U.S. Geological Survey City of Kent United States Department of the Interior USGS Point of Contact Customer Point of Contact jName: Bob Kimbrough Name: Address: USGS WAWSC Address: 934 Broadway, Suite 300 Tacoma,WA 98402 Telephone: 253-552-1608 Telephone: Email: rakimbro@usgs.aov Email: Signatures Signatures By 7L�.'� . Date 7-7-OF By Date Name: Cynthia Barton, Ph.D., L.G., L.H.G. Name: Title: Center Director, USGS Washington Title: Water Science Center By Date By Date Name: Name: Title: Title: i By Date By Date Name: Name: Title: Title: env08-26 mxd _ ( Panted 09-11-09 SW 34th St Data Source King County GIS,City Of Kent GIS Minkler Blvd �! 1 �L - I Q�I � I � a) SW:3gth 4t w, /� �I 01 c,l' 0 � >; �! � jr II Q R! — < St i �- c. 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M i N 261st l `) 262nd id � � �; I1� > i i I-O Q tIt'o �- SE 264th Sty; S SIB 2641h St d h ti 265th �?64th ill W si� 267th 267\h llQ) -Rock 26nn ilk Kent.MCangley-Rd_. _SE o Rock Creek At Ravensdale 269tn� I V S�27ist PI i� l 2 1s\ I �I N li W. E 276th Q w S Q � 0 1,000 2,000 4,000 Feet 280th St-280th St 280th I'I N d o Scale 1:18000 Ravens{daie La, 1 Rock Creek Stream Gauges ............. ' z env08-27 mxd Printed 09-11-09 Data Source King County GIS,City Of Kent GIS ID } jf CD� ty,)th St 1�Fo > < , — C � C,- l-k e el k 1 167 SF 236tt PI zi CD >1 z > < < ail 4) 0) ./w James St.. 1 E James St S 240th SE 240th St'i s -- --St T ----T ---- - - --I 2� > rr< (D > R- Mill Creek At Earthworks 1 iE Smith St (D I W Smith§�t > VY Harrison st WLme St k j _eKer_ E Meeker St (U < > > 1 C <1 I W Titus 5—t"L a3, :E:---- -�— 11" S 248th'St SE 248th t I 'a ILSI- — N\ i�- T z madyn St A—S R 516 Willis St Guiberson Sl,A \1 E Seattle St E Chicago St Laurel St i "N co Hernlock St :t� < V) > Wl j -0 > M < � 0, y A i n. � 4 Walnut St & 2,56t Lh St 11 Ma > pie St < s,s� S 259th St %\ 19, X > < SE 260th St Fork CO leek >i LU U) �a U) S 269tt)St > > > < < 0. Uj OL co M IV 267th St C (D < VV V- �S, 0 SE 270th P11 Cp co SE 272nd St 0 1 1,000-4 2,000 4,000 Feet S 277tIj-qL,-j'' Scale 1:18000 Ile 1 Mill Creek Stream Gauge- Earthworks Park Kent City Council Meeting Date October 7, 2008 Category Consent Calendar - 6D ' 1. SUBJECT: KENTVIEW, PHASE III BILL OF SALE - ACCEPT ' 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Kentview, Phase III Development, which includes 1409 linear feet of streets, 1370 linear feet of storm sewer lines, 17 catch basins, 400 linear feet of swales/ditches, and 23,780 cubic feet of detention pond storage. The project is located at 42"d Avenue South (212th Street & 216th Street). 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Bill of Sale Page 2 of 4 1 KENT W A S H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4TH AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Kentview I f Y % LOCATION:42"d Ave.S.(212"St-21614 St) TAX ACCT NO: BELL OF SALE ' CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 18th day of April 2003 ,by and between Kentview,LLC ,hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,herinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATT: together with a total of 0 gate valves at$ each, 0 hydrants at$ each and/-or any other appurtenances thereto. ON FROM TO Including 0 linear feet at$ per LF of waterline. B. SANITARY SEWERS: Together with a total of 0 manholes at $ each and/or any other appurtenances thereto. ON FROM TO Including 0 linear feet at$ per LF of sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO 42"d Ave.S. STA.5+55 STA.14+34 Including 854 centerline LF at$94-OA. per LF of 24 Feet wide asphalt roadway (with 10'wide sidewalk on one side). ON FROM TO 42"d Ave.S. STA.0+00' STA.5+55 Including 555 centerline LF at$ per LF of varying width(24'+)asphalt roadway(with 10'wide sidewalk on one side). D. STORM SEWERS: Together with a total of 0 manholes at$ each or a total of 13 Type I catch basins at$ each, 1 Type 1I-48"DIA catch basins at$202= each, 1 Type II-54"DIA catch basin with floatable separator at$ each, Page 2 of 4 Bill of Sale Bill of Sale Page 3 of4 2 -6" clean outs at$ 0. each, 400 LF of biofiltration swale or drainage ditch with a total cost of$ 1500 23,780 CF of detention pond storage with a total cost of$ a and/or any other appurtenances thereto. ON FROM TO 42ad Ave.S. STA.5+55 STA.14+34 Including 58 linear feet at$ Ck+IIs per LF of 6-inch PVC sewer line. Including 965 linear feet at$ O per LF of 12-inch PVC sewer line. Including 109 linear feet at$ Sat}7Qli per LF of 15-inch PVC sewer line. Including 55 linear feet at$ 57.00 per LF of 18-inch PVC sewer line. ON FROM TO 42ad Ave.S. STA..0+00 STA.5+55 Including 12 linear feet at$ per LF of 184nch PVC sewer line. Including 113 linear feet at$_ �per LF of 18-inch CMP sewer line. Including 58 linear feet at$ -- .-� per LF of 184nch RCP sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the , same is free from all encumbrances;that all bills for labor and material have been paid;that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this day of 320 leentview,L L.C.,a Washington limited Lability company - By: Polygon Northwest Company,a Washington general partnership Its: Manager By: Brentview,Inc,a Washington corporation Its'Managing Pattner STATE OF WASHINGTON ) SS B'Richard Ra ngs COUNTY OF KING ) Its:Authorized Agent On this 75::� day of r 20 Q� ,before me,the undersigned A Notary Public i}a and for the St44 of Washington,duly commissioned and sworn,Personally appeared "A— to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 7i day of_L�±1 1 20 .-GREENING to �G_ �gSlOgi''•.�'FID� 5=�:•�� F+�:may 4� try Public in a�for he NOTAgy ins m i Sta a of Washington,residing at "'UBLIC � 11 110��FW,4SH ��' / _ My Commission Expires: 2\ STATE OF WASHINGTON ) )SS Page 3 of 4 Bill of Sale Bill of Sale Page 4 of 4 COUNTY OF KING ) On this day of 20 ,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me known to be the and respectively of the that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of .120 Page 4 of 4 Bill of Sale Bill of Sale Page 1 of K E N T W A S H I N G T O N ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for Kentview,LLC—42od AVE.S., (South 212`h Street to South 2161h Street) project dated March,2000 ,were based on the"As-Built"Engineering Plans dated November,2000 ,for the same said Kentview,LLC—42"d AVE.S., (South 212`h Street to South 216`h Street) project. Gary Sharnbroich the undersigned P.E.or land surveyor is the personresponsible for the preparation of the Bill of Sale and is an employee of Core Desien,lnc. ,the firm responsible for the preparation of the"As-Built"Engineering Drawings. A y" , Signa e Page I of Bill of Sale Kent City Council Meeting Date October 7, 2008 Category Consent Calendar - 6E 1. SUBJECT: ORACLE DATABASE MAINTENANCE SERVICE - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign all necessary documents to purchase Oracle database maintenance services for Permit Management and Police Records Systems in an amount not to exceed $45,000. The City has Permit Management (Kiva) and Police Records (Tiburon) systems that both run on Oracle databases. At the time of the purchase of those software products (a number of years ago), a certain type of licensing (referred to as Universal Processing Unit or UPU) was purchased for the Oracle database licensing. Last year Oracle informed the City that it must purchase updated Oracle database licensing to remain in compliance with the current Oracle licensing model (referred to as Per Processor). That purchase was approved last year, and now this is the associated annual maintenance for that updated Oracle database licensing. 3. EXHIBITS: Mythics Quote for Oracle Maintenance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $45,000 ($41,009 + tax) Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 5 INFORMATION TECHNOLOGY Michael Carrington, Director Phone: 253-856-4600 K E N T Fax: 253-856-4700 W A HI NGTON Address: 220 Fourth Ave South INFORMATION Kent,Wa 98032-5895 TECHNOLOGY DATE* September 16, 2008 TO City Council Operations Committee FROM: John Humphreys, Systems Manager, Information Technology SUBJECT- Oracle Maintenance for Permitting and Police Records Systems, 2008 MOTION: I move to recommend that the Council authorize the Mayor to sign all necessary documents to purchase Oracle database maintenance service for Permit Management and Police Records Systems in an amount not to exceed $45,000. SUMMARY: The City has Permit Management (Kiva) and Police Records (Tiburon) systems that both run on Oracle databases. At the time of the purchase of those software products (a number of years ago) a certain type of licensing(referred to as Universal Processing Unit or UPU)was purchased for the Oracle database licensing. Last year we were informed by Oracle that we must purchase updated Oracle database licensing to remain in compliance with the current Oracle licensing model (referred to as Per Processor) That purchase was approved last year, and now this is the associated annual maintenance for that updated Oracle database licensing BUDGET IMPACT Operating (within current overall IT budget allocation) —Estimate $45,000 ($41,009.31 +tax) BACKGROUND- JD Edwards was purchased b Peo leSoft� and Peop leSoft was p Y P subsequently purchased by Oracle (so JD Edwards is now an Oracle-owned system) During the licensing review by Oracle(as part of the JD Edwards upgrade) it was determined that we are currently licensed under the Universal Processing Unit(UPU) license for Kiva(our Permit Management System) and Tiburon (our Police Records System) and UPU licensing is no longer sold or supported by Oracle. Our Oracle partner representative (Mythics) provided us with a discounted quote to purchase Oracle database licensing that is compliant with Oracle's current licensing model (Per Processor Licensing) That attached invoice includes the annual maintenance for the updated Oracle database licensing ATTACHMENTS: IMythics Quote for Oracle Maintenance Page 1 9/10/2008 S 1PUBLICICLERK1City Council Committee PacketslOperations109160812008 Oracle Maintenance Council Ops Memo doc 6 M Y T H I C S•" PARTNER ADVANTAGE UNRIVALED ORACLE EXPERTISE — Danlel Wasson Company Name.Chy of Kent Quote Number COK D40808 08.09 Direct.757 483.3016 Prepared On:April 8,2008 Fax:767.412.1060 Contact Jay Honeycutt valid Through:October 10,2008 Email:DwassonQmylhlcs.com Phone 253 8564602 Email ihonewuttOd kenf wa us Mylhlcs,Inc 1439 N.Great Neck Rd.Suite 201 Virginia Beach,VA 23464 ORACLE SUPPORT RENEWAL "no — ODesc — - - um or of ^EiPen� Item CSI Produet Deecrlptlon Tortn License type Licensee License Level Price 1 15596037 Oracle Database Standard Edition _ 31-Aug-08 to 3D-_Aug-09 Processor Perpetual 2 Full Use $5,934 88 2 __15596037_ _JD Edwards Enterprise One Technology Foundation 31-Aug-08 to 30-Aug-09 Appllcallon User Perpetual 1 Full Usa $4,453,44 3 15596037 Oracle Database Enterprise Edition 31-Aug-08 to 3D-Aug-09 _ Processor Perpetual_ 1 Full Use $4,789 18 4 15596037 Oracle Database Enterprise Edition 31-Aug-08 to 30-Aug-09 Named User Plus Perpetual 50_ Full Use $4,789 18 5 15596037 8 Oracle Database 15596037 _ _OracleDatabase Enterprise a Edition 31-Aug-08 to 30-Aug-09 N® Perpetual _ 0 Full Use— 9 Processor Perpetual 1 Full Use $17 12613 Reinstatement Fees= $2.120 55 _ SUPPORT: $41,009,31 NEW LICENSE S SUPPORT: -UPON REQUEST TRAINING! UPON REQUEST SERVICES: UPON REQUEST TOTAL $41,009,31 jTerms and Conditions of Sale: You agree that this order is per the terms and conditions of OraoiWs Technical Support Policies which can be found at:http:Noraofe.comlaontraols You agree that Mythlns has the right to cancel our support due to non-payment. Payment Terms*Net 30 Other NotesDUNS . Please elan and Is.elona with Purchase Older to fare 767J12-10s0 Payment Tetms0N3 am: Payment Terms•Net 70 as Delivered Myth lcs FactTax IDe 64•I Be78717971 Title, FOB Destination,Freight paid CAGE CODE-ITA34 Signature, Buslrroea 91ze.Small i i t i i i i I T Kent City Council Meeting Date October 7, 2008 ' Category Consent Calendar - 6F 1. SUBJECT: UNITED WAY OF SOUTH KING COUNTY HOMELESSNESS COORDINATION GRANT - ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Authorize the Mayor to sign the $35,000 grant from United Way of King County, approve the expenditure of funds in the Housing and Human Services budget, and authorize the Mayor to sign all necessary documents. United Way of King County, through the Out of the Rain Impact Council, awarded the City of Kent Housing and Human Services Division a grant for $35,000 to continue the planning and coordination efforts that address homelessness in South King County. This project will allow staff to continue this work through June 2009. 3. EXHIBITS: United Way Grant Contract 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: s United Way of King County Grantee Agency Funding United Way of King County Contract FOR FISCAL YEAR JULY 1 , 2008 — JUNE 30, 2009 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF KENT and UNITED WAY OF KING COUNTY This Agreement is made between United Way of King County and the City of Kent(referred to as "the Agency"). SECTION I: GENERAL PROVISIONS OF THE AGREEMENT Amount of Funding: A total of$35,000 will be awarded to the Agency by United Way of King County toward the achievement of results listed below. This award is contingent upon the results of the 2008-2009 United Way of King County annual fundraising campaign, and could be reduced depending on agency performance and United Way of King County's financial condition. Subject to the terms and conditions as set forth in this agreement,United Way of King County will provide funds in accordance with the schedule provided under Section IV. Results to be achieved: SKC Homelessness Coordinator: • Identify and coordinate "teams"with focus on homelessness outreach and service delivery.This would include FACT,PACT,PATH,IV Drug user outreach, medical outreach and possibly others. County staff would participate as well. Identify gaps and identify solutions with current outreach and service delivery providers. • Assist with the development of relationships with non profit housing providers and service providers,as needed. • Identify and promote legislative opportunities to local governments. • Coordinate workgroups to address gaps in shelter and transitional housing,day use facility and hygiene center(s). • Establish workgroup to develop steps to maintain current housing stock,to expand housing resources to prevent homelessness and create additional supportive housing. • Increase local involvement in developing community solutions to prevent homelessness. Agency Requirements: The Agency agrees to comply with all federal and state laws and agrees to not engage in discrimination based on age,gender,race, sexual orientation,national origin,religion or presence of a disability in delivery of services,and agrees to comply with all United Way of King County contract requirements as stipulated in this contract and Exhibit A(Safe Harbors Homeless Management Information System) and Exhibit B (Agency Expectations and Reporting Requirements). Any changes in agency requirements adopted during the contract year will be communicated to the Agency in writing. jTermination of the Agreement: Either the Agency or United Way of King County shall have the right to terminate this agreement with cause on thirty days written notice. In addition,United Way of King County may withhold payments and/or 1 terminate all of its contractual obligations there under immediately if,in the opinion of United Way of King County,the Agency mismanages or makes improper use of any funds provided there under, or fails to comply with any of the terms and conditions of this contract. United Way of King County will require repayment of any funds determined to be mismanaged by the Agency. If the Agency is out of compliance with the terms and conditions of this agreement at any time during this contract period,upon request the Agency shall work with United Way of King County to develop a Correction Plan. The plan should determine the cause of the noncompliance and develop remedies and develop a timeline for full compliance. United Way of King County will provide technical assistance as appropriate and reasonable to assist in achieving this goal. If full compliance is not achieved by the mutually agreed-upon time,United Way of King County may immediately terminate the contract at its discretion. SECTION II: UNITED WAY OF AMERICA (ANTI TERRORISM COMPLIANCE MEASURES) In compliance with the spirit and intent of the USA Patriot Act and other counterterrorism laws, the Agency represents that it takes reasonable steps to: 1. Verify that individuals or entities to which it provided, or from which it receives, fund or other material support or resources are not on the U. S. Government Terrorist Related Lists*; 2. Protect against fraud with respect to the provision of financial, technical, in-kind or other material support or resources to person or organizations on such lists;and 3. Ensure that it does not knowingly provide financial, technical, in-kind or other material support or resources to any individual or entity that it knows beforehand is supporting or funding terrorism (whether through direct allocation by the United Way of King County Board of Directors or through the distribution of donor designated funds which it processes for donors participating in a United Way of King County campaign). *In this form, "U. S. Government Terrorist Related Lists" refers to (a) the list of persons and entities in Executive Order 13244, (b) the master list of Specially Designated Nationals and Blocked Person maintained by the Treasury Department,and(c) the list of Foreign Terrorist Organizations maintained by the Department of State,as may be updated from time-to-time. SECTION III: FUNDING FOR OUTCOMES WITHIN IMPACT AREAS The Agency is funded for the amounts indicated for the achievement of results in the impact areas listed below,by Impact Council. Impact Assignment: Homelessness Non Service Delivery Outcome exempt from client demographic data collection Agency Total: $35,000 2 SECTION IV: PAYMENT SCHEDULE Should the payment date fall on a weekend,payment will be made on the last working day of the month. MONTH PAYMENT MADE August 2008 $3182 September 2008 $3182 October 2008 $3182 November 2008 $3182 December 2008 $3182 January 2009 $3182 February 2009 $3182 March 2009 $3182 April 2009 $3182 May 2009 $3182 June 2009 $3182 SECTION V: AGENCY EXPECTATIONS South King County Homelessness Planner.• The Agency will supervise evaluation of this project. The Agency will be available for occasional presentations,upon request, to be given to United Way of King County board of directors,staff and others. Reporting Requirements: The agency will submit a one to two page report outlining achievements related to the results identified in Section 1. In addition, the Agency will comply with the following expectation: ■ The Agency shall avoid solicitation of individual donors that encourages them to make designated agency gifts through the United Way of King County annual campaign instead of making gifts to United Way of King County.Throughout the contract period,United Way of King County may provide opportunities for representatives of the Agency to be involved in the annual fundraising campaign.United Way of King County also expects the Agency to include the current United Way of King County logo in materials and 3 on the Agency web site. Expectations and Reporting Requirements Related to the Safe Harbors Homeless Management Information System (Safe Harbors HMISI Programs funded for outcomes related to homelessness (identified in the contract)will be reporting through the Safe Harbors HMIS (as they receive training and are signed onto the system) as described below. 1. The Safe Harbors Homeless Management Information System(HMIS) is a computerized data collection tool designed to capture client level system-wide information over time on the characteristics and service needs of men,women,and children experiencing homelessness and to provide an accurate,unduplicated count of all those experiencing homelessness. The aggregate information provided by the database includes an unduplicated count of homeless people receiving services,the extent and scope of homelessness and service gaps. 2. Safe Harbors will become a critical tool for the Committee to End Homelessness in King County as it implements its Ten Year Plan to End Homelessness,will allow for better coordination among agencies and programs as clients move to greater independence, and will help Seattle/King County successfully compete for national resources,such as the Federal McKinney funds. 3. It is the goal of the Kin County Continuum of Care,of which U�WKC is a partner,that 80%of the g g tY records for individual clients entered into Safe Harbors HMIS are uniquely identified. 4. It is the goal that a minimum of 75% of beds in our Continuum of Care be covered in the Safe Harbors HMIS. SECTION VI: AGENCY REQUIREMENTS FOR SUBCONTRACTOR 1. The Agency shall ensure that its sub-contractor will actively participate in the Safe Harbors Homeless Management Information System(HMIS) by either using the Safe Harbors application or by downloading data based on a signed agreement with the Safe Harbors program. 2. The Agency shall ensure that its sub-contractor asks all program clients to provide information identified by the Federal Department of Housing and Urban Development(HUD) as universal data elements. These are name, date of birth,race,ethnicity,gender, social security number,veteran status,disabling condition,residence prior to program entry,and zip code of last permanent address. 3. If the individual client declines to provide some of these elements, the Agency shall ensure that its sub-contractor makes its best effort to obtain and enter into the HMIS at least initials,date of birth, and gender. This is the minimum needed to create a uniquely identified record. It is strongly preferred that social security number,or at least a portion of the social security number,be entered. 4. Personal identifying information will be entered on all clients who have signed a consent form indicating agreement to have the information entered into the Safe Harbors HMIS. (The consent form is currently under development and will shortly be provided to the Agency.) The Agency shall ensure that its sub-contractor keeps on file completed and signed consent forms,and that these are made available for review upon request. 5. Clients may not be refused services based solely on their refusal to provide information for the HMIS. This is not meant to prevent agencies from collecting information required for eligibility screening or other internal agency requirements. 4 1 6. The Agency shall ensure that its sub-contractor enters into the HMIS at a minimum those program data elements necessary to complete United Way of King County's outcomes report,and any other reports above. SECTION VII: SIGNATURES Your signature on this document indicates that you are in agreement with all stipulations made herein. UNITED WAY OF KING COUNTY City Of Kent Name signature Name (Printed) 5 Kent City Council Meeting Date October 7, 2008 Category Consent Calendar - 6G 1. SUBJECT: 2009 WASHINGTON STATE ARTS COMMISSION ORGANIZATIONAL SUPPORT GRANT - ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the $6,750 grant from the Washington State Arts Commission, approve the expenditure of funds in the Kent Arts Commission's budget, and authorize the Parks Director to sign all necessary documents. Washington State Arts Commission (WSAC) awarded the Kent Arts Commission a general operating support grant. This grant is for the second year of the 2008- 2009 funding cycle. Kent Arts Commission will use the funding to support the presentation of arts and cultural activities at Kent's 2009 Cornucopia Days. 3. EXHIBITS: Washington State Arts Commission Contract 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: STATE ARTS COMMISSION JENFOrganizational Support Program FY2009 Contract No. 2009138 GRANT CONTRACT THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711 Capitol Way S,Suite 600,PO Box 42675, Olympia,WA 98504-2675 hereinafter referred to as the COMMISSION,and Name: Kent Arts Commission Physical 220 4th Ave South Address: •........................... Kent WA 98032-5895 Mailing 220 4th.Ave South Address: Kent WA 198032-5838 Phone No: (253)856-5050 Web Site: www,kentarts. . .com ............. .. ........... Washington State UBI No: 173 000 002 Federal Employee Id No. 91-6001254, Social Security Number N/A hereinafter referred to as the CONTRACTOR. THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: A. PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which the COMMISSION awards a grant to the CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or program which is related to the growth and development of the arts and humanities in the State of Washington. RCW 43.46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30, B. DESCRIPTION OF THE ACTIVITY,PROJECT,OR PROGRAM CONTRACTOR shall use funds awarded under this Contract No.2009138 solely for the grant proposal funded through the Organizational Support Program for FY2009 as described in Attachment A: Scope of Work. C. AMOUNT OF GRANT 1. The Commission awards State Funds in the amount of SIX THOUSAND SEVE'NHUNDRED FIFTY AND 00/100 Dollars ($6,750.00)to the CONTRACTOR. 2. The Commission awards Federal Funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the CONTRACTOR. Applicable only if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No: 45.025 Federal Grant No: 07-6100-2020 3. The Commission awards private funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the CONTRACTOR. i Grant Contract No 2009138 1 of 3 4. CONTRACTOR agrees to provide matching funds equal to or greater than the total funds provided by the COMMISSION. 5. Payments will be made in accordance with the payment schedule set forth in Attachment B. D. CONTRACT PERIOD Funds are awarded for the period beginning July 1, 2008 to.Tune 30, 2009. The CONTRACTOR must expend all funds by the ending date of this contract. Funds not expended by the ending date of this contract shall lapse unless an extension is requested in writing by the CONTRACTOR and approved in writing by the COMMISSION.The CONTRACTOR shall notify the COMMISSION immediately upon knowledge that any portion of the funds will not be expended by the end of the fiscal year. E. CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this Contract. Either party shall provide written notification to the other of changes in contract representation. CONTRACTOR's Contract Representative: COMMISSION's Contract Representative Name Ronda Billerbeck Name Christel Ratliff and Title. and Title: Cultural Programs.Manager Administrative Assistant ...... org. City,of Kent Arts Commission org• Washington State Arts Commission— . . ............. .......... . Name: Name: Grants to Organizations Address: 220.4th Ave South, Address: PO Box 42675 Kent,WA,98032-5838 Olympia,WA 98504-2675 Phone: (253) 856-5055 ext- Phone: (360)753-3858 Fax: (253) 856-6050 Fax: (360)586-5351 E-Mail: rbillerbeck ci.kent.wa.us E-Mail christelr arts.wa. ov F. LIMITATION OF AUTHORITY The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the COMMISSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this contract.The Agent may delegate this authority,but such delegation is effective only if in writing. See General Terms and Conditions for Contract Amendment or Modification procedures. G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following,which by this reference,are made a part of this Contract: Attachment A: Scope of Work Attachment B: Payment Schedule Attachment C: General Terms and Conditions Attachment D: Voucher Attachment E: Final Report Requirements(final report materials available at www.arts.wa.gov) Attachment F: National Endowment for the Arts General Terms and Conditions (deleted if Contract does not include federal funds) Grant Contract No.2009138 2 of 3 H. INSURANCE Automobile Liability:In the event that services delivered pursuant to this contract involve the use of vehicles, either owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile to provide automobile liability insurance. The minimum limit for automobile liability is: $100,0001$300,000 bodily injury and$100,000 property damage. I. ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J. FINAL REPORT The CONTRACTOR shall provide a final report to the COMMISSION within 30 days following the Contract Period ending date,submitted according to the forms and format identified in ATTACHMENT E. K. MODIFICATIONS TO GENERAL TERMS AND CONDITIONS NA THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract. Kent Arts Commissio WASHINGTON STATE ARTS COMMISSION ( 'gnatu arty authorized to sig or CONTRACTOR) Kris Tucker,Executive Director VVa fA l - Date: (printed name of signatory)rr (printed title ofsignatory) Date. &=e 2-P APPROVED AS TO FORM: (Signature of Susan Thomsen,Assistant Attorney General,State of Washington,March,2003 on file in fiscal office) Grant Contract No. 2009138 3 of 3 GRANT CONTRACT-ATTACHMENT"A" Scope of Work Program: Organizational Support Contract No.2009138 CONTRACTOR: Kent Arts Commission 1. The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Organizational Support Program assistance with: General Operating Support Event Announcement and Documentation: The CONTRACTOR must provide to Grants to Organizations of the COMMISSION, any public announcement,press release, or other direct mail announcement of the event(s)funded under this contract. The CONTRACTOR will mail such public announcements to: Grants to Organizations Washington State Arts Commission PO Box 42675 Olympia,WA 98504-2675. Final Reports are due: Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations,30 days following the contract ending date; this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Commission(WSAC), Grants to Organizations, by 5:00 P.M.,August 3, 2009. The Final Report Form should be downloaded from the COMMISSION website at www.arts.wa.gov,under Grants to Organizations. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 3, 2009 deadline will have a 10%penalty deducted from any future grant from Grants to Organizations. Logo Credit: W WAS H I N GTO N STATE; Recipients of grants and programs are asked to credit ARTS COMMISSION I WSAC in promotional communications about the grant.The WSAC logo may be downloaded from the website: www.arts.wa.gov. If our ant includes federal funding which would be stated /N A T I ON A L � Y � g( on page 1 of your contract), you are also obligated to credit the National Endowment for the ENDOWMENT Arts (NEA)in the same manner as WSAC. NEA logos are downloadable at www.arts.gov. FOR THE ARTS GRANT CONTRACT-ATTACHMENT"B" Payment Schedule Program: Grants to Organizations Organizational Support Program Contract No.2009138 CONTRACTOR: Kent Arts Commission The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section (2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: 1. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section(1) of the CONTRACT. 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred. 3. All requests for payment shall be on the form of voucher set forth in Attachment D. 4. You have the option of obtaining your grant payments via direct deposit through the Office of Financial Management(OFM). The necessary forms are downloadable from www.arts.wa.Eov under the link Grant Payments. 5, The COMMISSION will make payment to the CONTRACTOR within 20 business days of receipt of a properly completed invoice,which shall include documentation of authorized expenses. 6. The invoice voucher must be signed in blue ink. The schedule for payment is as follows: Month/Year Amount November 2009 $6,750.00 TOTAL AWARD $6,750.00 Kent City Council Meeting Date October 7, 2008 Category Consent Calendar - 6H 1. SUBJECT: KING COUNTY NATURAL RESOURCE STEWARDSHIP NETWORK GRANT - ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the $6,000 grant from the King County Natural Resources Stewardship Network, approve the expenditure of funds in the Clark Lake Management Plan budget, and authorize the Parks Director to sign all necessary documents. The grant request for $6,000 will support Make A Difference Day activities at Clark Lake Park. EarthCorps will clear invasive vegetation and spread cardboard and chips around the new plants. As part of the project, children from six elementary schools, who planted native seedlings during our Youth Tree Education Program this spring, will plant the same species near the north-end retention ponds. 3. EXHIBITS: King County Grant Contract 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: King County Water and Land Resources Division Department of Natural Resources and Parks King Street Center 201 South Jackson Street,Suite 600 Seattle,WA 98104-3855 206.296.6519 Fax 206.296.0192 IM Relay: 711 August 29, 2008 Victoria Andrews Special Programs Manager City of Kent Department of Parks and Community Services 220 4th Avenue South Kent, WA 98032 Dear Ms. Andrews: Please find enclosed federal assurances and three original copies of the grant Agreement between King County and the City of Kent for the Make a Difference Day in Clark Lake Park Project, Contract No. D38532D/E. Please familiarize yourself with the provisions of the agreement. All activities covered by the grant must be completed by December 1, 2008. Please have an authorized representative of the City sign the federal assurances and all three copies of the agreement, then mail them back to me at the address below. The Agreement will take effect when signed by King County. We will return an original, signed copy to you. Linda Vane King County Department of Natural Resources and Parks 201 S Jackson St, Suite 600 Seattle, WA 98104-3855 We look forward to working with the City of Kent on this excellent project. If I can be of further assistance,please do not hesitate to contact me. Sincerely, f Lfinda Vane Coordinator i Natural Resource Stewardship Network ■ enclosures (5) 1 Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with the certification requirements under 7 CFR 3018,"New Restrictions on Lobbying," and 7 CFR 3017,"Governmentwide Debarment and Suspension(Nonprocurement)and Governmentwide Requirements for Drug-Free Workplace(Grants)."The certifications shall be treated as a material representation of fact upon which reliance will be placed when the USDA Forest Service determines to award the covered transaction,grant,or cooperative agreement. i1. Lobbying As required by Section 1352,Title 31,of the U.S.Code,and implemented at 7 CFR 3018,for persons entering into a grant or cooperative agreement over$100,000 as defined at 7 CFR 3018.105 and 3018.110,the applicant certifies that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the making of any Federal grant,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal grant or cooperative agreement; (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions; (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subgrants,contracts under grants and cooperative agreements,and subcontracts)and that all subrecipients 1 shalI certify and disclose accordingly. 2. Debarment, Suspension, and Other Responsibility Matters As required by Executive Order 12549,Debarment and Suspension,and implemented at 7 CFR 3017,for prospective participants in primary covered transactions,as defined at 7 CFR 3017,Sections 3017.105 and 3017.110-- 1.The applicant certifies that it and its principals: (a)Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; (b)Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a Government entity(Federal,State,or local)with commission of any offenses enumerated in paragraph(1)(b)of this certification;and 2.Where the applicant is unable to certify to any of the statements in this certification,he or she shall attach an explanation to this application. 3. Drug Free Workplace (Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988,and implemented at 7 CFR 3017,Subpart F,Section 3017.600 Purpose for grantees,as defined at 7 CFR 3017,Section 3017.605 and 3017.610- A.The applicant certifies that it will or will continue to provide a drug-free workplace by: (a)Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b)Establishing an ongoing drug-free awareness program to inform employees about-- (1)The dangers of drug abuse in the workplace; (2)The grantee's policy of maintaining a drug-free workplace; (3)Any available drug counseling,rehabilitation,and employee assistance programs;and (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c)Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d)Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,the employee will-- (1)Abide by the terms of the statement;and (2)Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later that five calendar days after such conviction; (e)Notifying the agency,in writing,within 10 calendar days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction.Employers of convicted employees must provide notice,including position title,to every grant officer on whose grant activity the convicted employee was working,unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s)of each affected grant; (f)Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted- (1)Taking appropriate personnel action against such an employee,up to and including termination,consistent with the requirements of the Rehabilitation Act of 1973,as amended;or (2)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency; (g)Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a),(b),(c), (d),(e),and(f). B.The grantee may insert in the space provided below the site(s)for the performance of work done in connection with the specific grant: Place of Performance(Street address,city,county,state,zip code) Check[]if there are workplaces on file that are not identified here. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications. Name of Applicant Organization Name PR/Award Number and/or Project Name Printed Name and Title of Authorized Representative Signature Date ASSURANCES-NON-CONSTRUCTION PROGRAMS OMB Approval No.0348-0040 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. iNOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency.Further,certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federa(share the Age Discrimination Act of 1975, as amended (42 of project cost)to ensure proper planning, management U.S.C. §§6101-6107), which prohibits discrimination and completion of the project described in this on the basis of age; (e) the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f) the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g) §§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee accepted accounting standards or agency directives. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the 3. Will establish safeguards to prohibit employees from Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.),as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i) any other conflict of interest,or personal gain. nondiscrimination provisions In the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, U) the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s) which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91-646) which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration(5 C.F.R.900, Subpart F). whose property is acquired as a result of Federal or federally-assisted programs.These requirements apply 6. Will comply with all Federal statutes relating to to all interests in real property acquired for project nondiscrimination. These include but are not limited to: purposes regardless of Federal participation in (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) purchases. which prohibits discrimination on the basis of race,color or national origin; (b) Title IX of the Education 8• Will comply, as applicable, with provisions of the Amendments of 1972, as amended (20 U.S.C. §§1681- Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) 1683,and 1685-1686),which prohibits discrimination on which limit the political activities of employees whose the basis of sex;(c)Section 504 of the Rehabilitation principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 4248(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 9. Will comply, as applicable,with the provisions of the Davis- 12. Will comply with the Wild and Scenic Rivers Act of Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act 1968 (16 U.S.C. §§1271 et seq.) related to protecting (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract components or potential components of the national Work Hours and Safety Standards Act (40 U.S.C. §§327- wild and scenic rivers system. 333), regarding labor standards for federally-assisted construction subagreements. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation 10. Will comply, if applicable, with flood insurance purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 requirements of Section 102(a) of the Flood Disaster (identification and protection of historic properties), and Protection Act of 1973 (P.L. 93-234) which requires the Archaeological and Historic Preservation Act of recipients in a special flood hazard area to participate in the 1974(16 U.S.C.§§469a-1 et seq.). program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,development,and 11. Will comply with environmental standards which may be related activities supported by this award of assistance. prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 15. Will comply with the Laboratory Animal Welfare Act of Environmental Policy Act of 1969 (P.L. 91-190) and 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et Executive Order (EO) 11514; (b) notification of violating seq.) pertaining to the care, handling, and treatment of facilities pursuant to EO 11738; (c) protection of wetlands warm blooded animals held for research, teaching, or pursuant to EO 11990; (d) evaluation of flood hazards in other activities supported by this award of assistance. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 16. Will comply with the Lead-Based Paint Poisoning program developed under the Coastal Zone Management Prevention Act (42 U.S.C. §§4801 et seq.) which Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of prohibits the use of lead-based paint in construction or Federal actions to State (Clean Air) Implementation Plans rehabilitation of residence structures. under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 17. Will cause to be performed the required financial and underground sources of drinking water under the Safe compliance audits in accordance with the Single Audit Drinking Water Act of 1974, as amended (P.L. 93-523); Act Amendments of 1996 and OMB Circular No.A-133, and, (h) protection of endangered species under the "Audits of States, Local Governments, and Non-Profit Endangered Species Act of 1973, as amended (P.L. 93- Organizations." 205). 18. Will comply with all applicable requirements of all other Federal laws,executive orders,regulations,and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED r Standard Form 424B(Rev.7-97)Back I 1 ka King County Department of Natural Resources and Parks AGREEMENT Between CITY OF KENT And KING COUNTY From August 1,2008,through December 1,2008 This is an Agreement between the City of Kent, Washington, hereinafter the"RECIPIENT,"and King County, a political subdivision of the state of Washington,hereinafter the"COUNTY,"entered on August 1,2008.The purpose of this Agreement is to set forth the terms, conditions and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled the Make a Difference Day in Clark Lake Park Project hereinafter,the "PROJECT." Section 1. Background and Recitals: A. Recipient description: • Legal status of RECIPIENT: A political subdivision of the state of Washington. • State of incorporation: Washington • Mission or purpose: The Parks Department is committed to providing safe and inviting parks and facilities,and offer meaningful and inclusive recreational,cultural and human service programs. The mission is: Dedicated to Enriching Lives. B. Proposed project: The culmination of the Youth Tree Education Program will be a field trip to Clark Lake Park in late October so students can plant out native trees and shrubs propagated by students the previous spring. Over 200 children from Kent Youth and Family Services, the scouting community,high school volunteers, church youth groups and elementary students will undertake a massive planting project at the park,a previously over-grazed pasture.The installation of native trees and associated plants will provide a variety of benefits related to increasing tree canopy in the city. C. Recipient experience in carrying out the PROJECT: The RECIPIENT maintains that it is qualified to conduct the PROJECT. The RECIPIENT has undertaken many habitat restoration projects and has administered millions of dollars in grant funds.The City of Kent Parks, Recreation and Community Services was established in 1957 as a part time department and became a full-time department in 1959.The special programs manager seeks partnerships with companies and organizations combining contributions of cash and/or materials as well as volunteer support. Natural Resource Stewardship Network 2008 Page 1 of 11 City of Kent—Contract No.D38532D/E D. The Natural Resource Stewardship Network,hereinafter NRSN,is a consort tumof government agencies working collaboratively with community organizations,businesses,and private and non-profit organizations in an effort to conserve forest environments and support educational activities related to forests. The COUNTY is a partner in NRSN and has been designated in a grant from the King Conservation District to receive and disperse funds. E. The COUNTY,through its Department of Natural Resources and Parks, administers funds received from the USDA Forest Service in 2007 under federal Public Law 106-393,Title I11,the Secure Rural Schools and Community Self-Determination Act of 2000 (Catalog of Federal Domestic Assistance No. 10.665). The COUNTY Ends that the proposed activities are consistent with the purposes of the funds it allocates under Title III. The COUNTY will perform this allocation under its Urban Forestry Program,which operates the Natural Resource Stewardship Network for the enhancement of urban and community forests. F. As determined by King County,this PROJECT will conserve and restore forest resources and benefit King County residents. G. The COUNTY plans and proposes to reimburse the RECIPIENT for the purpose described in Subsection B above in an amount up to,but not exceeding$6,000.00(The AWARD),provided that the RECIPIENT also contributes to this PROJECT a cash and in-kind match valued at 23 055.00 for those costs allowed as"Match" in the BUDGET(Exhibit B of this Agreement) and verified according to the Terms and Conditions below. The RECIPIENT maintains that none of the match thus claimed consists of federal funds nor is it used as match for other federal funds. King Conservation District funds will be the source of funds used to reimburse the RECIPIENT for$3,420.00 of the grant amount.The COUNTY will reimburse the RECIPIENT for$2,580.00 for the balance of the amount reimbursed to the RECIPIENT using federal funds authorized under Public Law 106-393 (CFDA No. 10.665). Section 2. Terms and Conditions: A. The PROJECT shall be completed in accordance with the Scope of Work attached hereto as Exhibit A with such modifications as may be approved by the Division Director of the Water and Land Resources Division in the COUNTY's Department of Natural Resources and Parks. B. The COUNTY will,upon execution of this Agreement, establish procedures to allow payment to the RECIPIENT for all eligible expenses up to the limit of the AWARD.The RECIPIENT will request reimbursement and submit progress reports no less frequently than: REQUEST DATES December 15, 2008 C. Other conditions governing payment to the RECIPIENT are: • The RECIPIENT shall be responsible for making a request for payment on or about the dates above.Each request shall be presented in the format shown in Exhibit C of this Agreement (Reimbursement Request) and shall be accompanied by documentation of all expenses, including reported matching expenses,and a report of the PROJECT progress to date based on the Scope of Work(Exhibit A of this Agreement). Natural Resource Stewardship Network 2008 Page 2 of 11 City of Kent—Contract No.D38532D/E • Failure to submit the aforementioned request for payment and report on the PROJECT progress within one month of the date(s)listed in REQUEST DATE(S)may be cause for the COUNTY to terminate this agreement for non-performance. • Costs eligible for payment shall include those costs identified in the Budget(Exhibit B of this Agreement)and incurred during the effective dates of this Agreement. • Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed by December 1,2008. • Final payment shall be made on condition that the RECIPIENT submits the following documents no later than December 15,2008: a. A Final Report documenting the successful completion of the PROJECT according to the Scope of Work(Exhibit A of this Agreement); b. A final Reimbursement Request as shown in Exhibit C of this Agreement accompanied by documentation of all expenses; and c. A Close-Out Statement completed in the format in Exhibit D of this Agreement (Close-Out Statement). • Failure to provide the aforementioned documentation may result in the forfeiture of part or all amounts due to the RECIPIENT. • The RECIPIENT shall also return any money remaining from cash advances made by the COUNTY or any reimbursements owed to the COUNTY no later than December 15, 2008. D. The RECIPIENT agrees to acknowledge King County,the Natural Resource Stewardship Network(NRSN)and NRSN members who have materially contributed to the PROJECT in all publications and signage that have been produced as part of the PROJECT described herein as well as in press releases,public service announcements, on posters, flyers and in electronic postings such as"home pages."The RECIPIENT will use the wording provided in Exhibit E of this Agreement(Credit and Disclaimers for NRSN Funded Projects). E. If the RECIPIENT expends$500,000 or more in a year in Federal awards,the RECIPIENT shall have a single or program-specific audit conducted for that year in accordance with the provisions of the federal Office of Management and Budget(OMB)circular A-133 effective July 1, 1996 and revised June 27,2003,and in accordance with section .320(e)will submit a written notification to the County that an audit was conducted[see the circular A-133.320 (e)for details]. If the audit reveals findings and questioned costs relating to Federal awards passed through the County, the RECIPIENT will forward a copy of the applicable audit reporting package along with a copy of the findings,the RECIPIENT's response and the final corrective action plan as approved by the State Auditor's Office to the County within 30 days. Section 3. LeLyal and Administrative Relations: A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. Specifically, as a recipient of federal funds,the recipient shall meet the audit Natural Resource Stewardship Network 2008 Page 3 of 11 City of Kent—Contract No. D38532D/E requirements of OMB Circular Al3 "Audits of States Local Governments and Non-profit Q , p Organizations"and OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments;" and shall comply with all the provisions of 7 Code of Federal Regulations(CFR) Part 3016,"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments."The RECIPIENT shall maintain and submit to the COUNTY any such records as the COUNTY and the federal government may require to conduct any audit of the PROJECT it may elect to conduct or to substantiate expenditures submitted for payment to the COUNTY.The RECIPIENT shall maintain and retain books and records related to the Agreement for at least three years after the termination of this Agreement. B. In the event the Federal Government disallows reimbursement to the COUNTY for expenses the COUNTY paid to the RECIPIENT,the COUNTY will have the right to recapture the contested amount from the RECIPIENT. C. The RECIPIENT maintains that as a sub-recipient of federal funds,it is knowledgeable and compliant with all applicable federal laws and regulations. The RECIPIENT will comply with all applicable federal environmental regulations. D. The COUNTY's financial assistance to the RECIPIENT shall be construed by the parties as a special disbursement to the RECIPIENT to fund activities,as described herein,that generally benefit the COUNTY's efforts to protect water quality.It shall not be construed as a contract for services between the RECIPIENT and the COUNTY. E. The RECIPIENT shall be solely responsible for the recruiting, training and supervision of its employees and volunteers.Individuals hired and paid by the RECIPIENT shall not,in any event, be construed to be employees of,or contractors to,the COUNTY and the RECIPIENT shall indemnify and hold harmless the COUNTY from any and all claims arising from any contention that said individuals are employees of,or contractors to,the COUNTY. F. The RECIPIENT agrees to indemnify, defend and hold harmless the COUNTY, its agents, officers, officials and employees from all claims, alleged liability,damages,suits,losses,costs to or death of person or damage to property allegedly resulting from the operation of the RECIPIENT or any of its employees under this Agreement. G. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other parties to undertake said projects in accordance with whatever terms and conditions may be agreed to between the RECIPIENT and other parties. H. The COUNTY shall be under no obligation to continue this Agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the RECIPIENT fail to perform according to the Terms and Conditions of this Agreement,whether or not failure to perform is within the RECIPIENT's control. Such reasons may include,but are no limited to, rejection of a permit application. 1. This Agreement may be amended at any time by written concurrence of the parties and will terminate upon fulfillment of all obligations contained herein. J. This Agreement may be terminated by either party with a thirty day written notice.The RECIPIENT shall return any amount of the Award,including reimbursements and advances, for Natural Resource Stewardship Network 2008 Page 4 of 11 City of Kent—Contract No.D38532D/E which adequate documentation is lacking or which is not in accordance with the terms provided in Section 2. K. This Agreement is approved as to form by the King County Prosecuting Attorney. L. The parties have executed this Agreement as of the date first written above. CITY OF KENT by: Title: KING COUNTY by: For Ron Sims,King County Executive Mark Isaacson Director,Water and Land Resources Division r Natural Resource Stewardship Network 2008 Page 5 of I I City of Kent—Contract No.D38532D/E EXHIBIT A: SCOPE OF WORK Outcomes Activities/Tasks Completion Dates A.Provide educational activities A.1. The Make A Difference Day event will October 2008 related to forests for youth. involve children from Kent Youth&Family Services,the scouting community,high school volunteers earning community service hours, church youth groups and elementary students. A.2. Five schools will participate in the Make a Difference Day in October. Three of the five October 2008 schools(approx.225 students)will plant the native trees and shrubs that they grew with the Youth Tree Education Program. A.3.Youth will learn: • Recognition of native plants; • Plant right for the site; and December 2008 • Planting techniques that will ensure plant survival. B.Promote the event to ensure B.1. Outreach to Kent School District teachers participation by youth from who have participated in the Youth Tree September 2008 diverse backgrounds. Education Program and partner with high school environmental clubs,Key clubs and National Honor Societies. Coordinate field trips. B.2. Make a presentation to district boy/cub August 2008 scout troop leaders in August. B.3. Kent Youth&Family Services will promote September 1,200 the event,bringing and providing oversight to the children from the residential developments they serve. BA.Promote event at televised Parks August 14- Committee and City Council meetings, in October 25, 2008 quarterly Program Guide,on the City website, on the United Way volunteer website, on VolunteerMatch.com and in other appropriate venues.A press release will go out to local print and electronic media. B.5.Recognize NRSN involvement in the project December 1, 2008 according to Exhibit E of this Agreement. 1 Natural Resource Stewardship Network 2008 Page 6 of 11 City of Kent—Contract No.D38532D/E C. Enhance tree canopy through C.1. Emails to teachers/principals to plan event, September 5- reforestation, thereby providing make bus arrangements. October 15, 2008 benefits such improving the water quality of Clark Lake and C.2. Planting plan delivered-will designate improving the fish and wildlife locations for elementary students planning to October 2008 habitat. plant the native trees/shrubs they grew in their classrooms. ' C.3. EarthCorps will prepare the area for planting October 2008 and lay down sheet mulching. CA.Planting,cardboard and mulching by youth October 25-Ongoing and adult volunteers. D. Site Maintenance D.1. Watering in by maintenance staff first,then on irrigation schedule. October 25- 2. Weeding by maintenance staff and offered on Ongoing available volunteer projects list. E. Evaluation E.1. Quantitative: a.Number of native plants planted December 1,2008 b.Before and after photos E.2. Qualitative: a. Maintenance staff will monitor plant December 1, 2008 growth and the general conditions around the planting site. b. Evaluate student learning. F. Submit a final report and F.1.Final Report shall include: December 15,2007 close-out documentation as per * Summary of project outcomes and activities. Section 2 of this Agreement. • Evaluation of the success of project. • Documentation of all project activities. Natural Resource Stewardship Network 2008 Page 7 of 11 City of Kent—Contract No.D38532D/E EXHIBIT B: APPROVED BUDGET Description of Expense NRSN Cash and TOTAL Award In-Kind COST Match Personnel Special Programs Manager $36.89 X 40 hrs $1,475 $1,475 ' Project Manager $41.11 X 80 hrs) $3,290 $3,290 (3)Maintenance Worker II $33.15 X 150 hrs) $14,920 $14,920 Contract/Professional Services EarthCo s(site reparation) $6,000 $6,000 Volunteer Labor/Services Youth volunteers(@$9/hr)and adult volunteers(@$16/hr) Kent Youth and Family Services, 3 schools,MADD,etc. $3,420 $3,420 Supplies Approx. 150 trees and associated understory shrubs $450 $450 Site preparation: cardboard,wood chips, etc. $400 $400 TOTAL $6,000 $23,055 $29,055 I Natural Resource Stewardship Network 2008 Page 8 of 11 City of Kent—Contract No.D38532D/E EXHIBIT C: REIMBURSEMENT REQUEST Natural Resource Stewardship Network INVOICE King County Reimbursement Request Grant Recipient Request Number Date Grant Recipient's Mailing Address ' Certifying Signature:I certify that to the best of my knowledge&belief Print Name&Title that data below is correct&that all outlays were made In accordance with grant conditions&that payment is due&has not been previously requested. Final request for reimbursement?(Circle one.) Yes No Balance of Grant Remaining. Requestfor Reimbursement: (please place in the following categories) Current Request A.Personnel $ (Attach Personnel&Fringe Benefits Report;NRSN A/B) B Fringe Benefits $ (Attach Personnel&Fringe Benefits Report;NRSN A/B) C.Travel $ (Attach Travel Report;NRSN C) D Project Supplies $ - (Attach Project Supplies Report;NRSN D) ' E Contract/Professional Services $ (Attach Contractual Services Report;NRSN E) F.Other $ (Attach Other Costs Report,NRSN F) Total: $ - ATTACH PROGRESS REPORT ALL RECEIPTS,PAY STUBS,ETC MUST BE ON-FILE AT YOUR OFFICE for at least 3 years after close of project. Verification of Match: Match Reported wl this Request I.Value of Staff Labor Hours $ (Attach Staff Labor Report;NRSN 1) Il.Value of Volunteers&Donated Services $ (Attach Volunteer&Donated Services Report,NSRN 11) Ill.Value of Donated Materials and Supplies $ - (Attach Donated Materials Report;NRSN!!!) IV Other Match $ - (Attach Other Match Report;NRSN Its Total Match: $ For Office Use Only: 1 Urban Forestry KCD Project# FOR400 FOR750 A. Remit to: B. Linda Vane C. King County Department of Natural Resources and Parks D. 201 South Jackson Street,Suite 600 E. Seattle,WA 98104-3855 F. Total Natural Resource Stewardship Network 2008 Page 9 of 11 City of Kent—Contract No.D38532D/E EXHIBIT D: FINANCIAL CLOSE-OUT STATEMENT Please complete this statement and submit it with your final Reimbursement Request. NAME OF RECIPIENT: NAME OF PROJECT: AWARD PERIOD: AWARD: FROM TO AMOUNT SPENT: AWARD AMOUNT PAID TO DATE: AMOUNT DUE: MATCH PROPOSED: ACTUAL MATCH: Did your organization spend more than$500,000 per year in federal funds in any year during the grant period? ❑ YES ❑ NO Provisions By signing this Financial Closeout Statement, I , an authorized representative of the above named award recipient(RECIPIENT),confirm that I have examined the information ' contained herein and that,to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind contributions incurred by the above named project in the course of fulfilling the conditions of the AGREEMENT between and King County(COUNTY), dated I hereby acknowledge that there are no further expenses associated with this project,nor any pending or future claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B (Budget)of the AGREEMENT. I understand that the RECIPIENT is fully bound by the provisions of the AGREEMENT including,but not limited to,the return of COUNTY funds that are unspent or whose spending is unsubstantiated according to the Terms of the AGREEMENT,and the right to examine records. I further understand that the COUNTY,upon examining this Financial Closeout, , Request for Reimbursement and the Final Report submitted by the RECIPIENT will determine the amount of the balance due to the RECIPIENT. SIGNED DATE r Natural Resource Stewardship Network 2008 Page 10 of 11 City of Kent—Contract No.D38532D/E EXHIBIT E: CREDIT AND DISCLAIMERS FOR NRSN FUNDED PROJECTS u King County Department of King Conservation District Natural Resources and Parks Use these logos (They can be sent to you via e-mail provided you have compatible software.) 1 Include on the inside title cover of all bound documents or at the back of a brochure, at the end of a document or bottom right of an interpretive panel, a poster or a flamer the following credit: The creation of this was made possible b a rant from the Kin County p Y g g Department of Natural Resources and Parks, the King Conservation District and the ' USDA Forest Service, awarded through the Natural Resource Stewardship Network. For press release's lease mention the source of fiindin using the following wording: P � p g g g g This project is funded in part by the King Conservation District,the USDA Forest Service and the King County Department of Natural Resources and Parks. Other assistance was provided b .. For items where opinions or advice or a list of organizations or businesses are included in the introduction or in the body of the document(e.g., an interpretive panel, a guidebook, a directory) add the disclaimer sentence: "Fundingfor this manual does not constitute an endorsement of its content b Kin Y g County government, its employees and elected officials." Natural Resource Stewardship Network 2008 Page 11 of 11 City of Kent—Contract No.D38532D(E Kent City Council Meeting Date October 7, 2008 Category Consent Calendar - 6I 1. SUBJECT: 2009 OPERATING BUDGET - SET DATE FOR SECOND PUBLIC HEARING 2. SUMMARY STATEMENT: Set October 21, 2008, for the second public hearing on the 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: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i 1 Kent City Council Meeting Date October 7, 2008 Category Consent Calendar - 61 1. SUBJECT: 2009-2014 CAPITAL IMPROVEMENT PLAN - SET DATE FOR SECOND PUBLIC HEARING 2. SUMMARY STATEMENT: Set October 21, 2008, for the second public hearing on 2009-2014 Capital Improvement Plan. 3. EXHIBITS: None 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: ' Kent City Council Meeting Date October 7, 2008 ' Category Consent Calendar - 6K 1. SUBJECT: 2008 TAX LEVY FOR 2009 BUDGET - SET DATE FOR PUBLIC HEARING 2. SUMMARY STATEMENT: Set October 21, 2008, for the public hearing on the 2008 Tax Levy for the 2009 budget. 3. EXHIBITS: None 1 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 DISCUSSION: ACTION: Kent City Council Meeting Date October 7, 2008 Category Consent Calendar - 6L ' 1. SUBJECT: COMPREHENSIVE PLAN AMENDMENT INCLUDING CAPITAL IMPROVEMENT PLAN AND SCHOOL DISTRICT CAPITAL FACILITIES PLAN - SET DATE FOR PUBLIC HEARING 2. SUMMARY STATEMENT: Set October 21, 2008, as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate the updated Capital Facilities Plans of the Auburn, Kent and Federal Way School Districts, the City's 2009-2014 Capital Improvement Plan, and changes to adopted school impact fees. i 3. EXHIBITS: Staff memo 9/28/08 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: ' Councilmember moves, Counulmember seconds ' DISCUSSION: ACTION: COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director • PLANNING SERVICES KENT Charlene Anderson, AICP, Manager WASHINGTON ' Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 ' September 29, 2008 To: Mayor Suzette Cooke, Council President Debbie Raplee and City Council Members From: Charlene Anderson, AICP, Planning Manager ' Subject: Comprehensive Plan/Capital Facilities Element Amendment and Update to Chapter 12.13 Kent City Code - Set Hearing Date MOTION: Set October 21, 2008 as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate updated Capital ' Facilities Plans of the Auburn, Kent and Federal Way School Districts, the City's 2009-2014 Capital Improvement Plan, and changes to adopted school impact fees. ' SUMMARY: Kent City Code authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans. The City Council holds the public hearing on the school 1 district plans at the same time as the public hearing for the budget, i.e., October 21, 2008. The Auburn, Kent and Federal Way School Districts have submitted updated Capital Facilities Plans for Council review and consideration. The City of Kent 6-year Capital Improvement Program being considered on the same date also will update the Capital Facilities Element of the Comprehensive Plan. BUDGET IMPACT: None BACKGROUND: One of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards. The Act (RCW 36.70A.070) also requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities. RCW 82.02.050 authorizes cities planning under the ' Growth Management Act to impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development. As , a result, KCC 12.13.080 authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facility plans (KCC 12.13.060 & 070). ' The Auburn, Kent and Federal Way School Districts propose amendment of the Kent Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to impact ' fees resulting from new student population generated by new single family and multifamily residential development. The updated plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, and , expected funding. The Kent School District proposes to increase their existing school impact fees for , single family units from $5,110 to $5,304 (an increase of $194 or 3.8%) and for multifamily units from $3,146 to $3,266 (an increase of $120 or 3.8%). The Federal Way School District proposes to increase their existing school impact fees for single family units from $3,883 to $4,017 (an increase of $134 or 3.5%) and increase their fees for multifamily units from $1,647 to $1,733 (an increase of $86 or 5.2%). The Auburn School District proposes to increase their existing school impact fees for , single family units from $5,361.04 to $5,374.64 (an increase of $13.60 or 0.3%) and increase their fees for multifamily units from $465.78 to $877.02 (an increase of $411.24 or 88.3%). The only area in Kent where Auburn School District's impact fees are applied is the Verdana or Bridges PUD on the former impoundment reservoir site. CA�pm S IPermit�Plan�COMP PLAN AMENDMENTS�2008�CPA-2008-4_SchlDistrictsCapFacPlansUpdateslCPA-2008-4 capfacilities set hearnng100708 doc cc: Fred N. Satterstrom, AICP, CD Director Charlene Anderson, AICP, Planning Manager Parties of Record Project Files CPA-2008-4/KIVA #2083155 ' 10/7/08 City Council Meeting Page 2 of 2 1 rKent City Council Meeting Date October 7, 2008 Category Consent Calendar - 6M 1. SUBJECT: LID 359, 116TH AVENUE SE, FINAL ASSESSMENT ROLL - SET HEARING DATE r2. SUMMARY STATEMENT: Set November 18, 2008, as the revised date for the Public Hearing on the confirmation of the Final Assessment Roll for LID 359. The City had previously set September 16, 2008, as the date for the hearing, but notice had to be adjusted when staff learned that an apartment building within the assessment area had been converted to condominiums, changing ownership ron that property from one legal owner to approximately 39 legal owners. With construction nearing completion the City is ready to finalize the LID. The ' total final assessment of $1,331,231.69 is less than the preliminary assessment of $2,015,197.59. r r r 3. EXHIBITS: Public Works memorandum and vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A rCurrently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds r DISCUSSION: ACTION: r r PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • K E N T Phone: 253-856-5500 WAS HI NGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 ' Date: July 1 2008 , To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: July 21, 2008 From: Mark Howlett, Design Engineering Manager Through: Larry Blanchard, Public Works Director Subject: L.I.D. 359 - 116th Ave S. E. Street and Utility Improvements (Kent Kangley Road to S. E. 2561h Street) Move to recommend Council authorize the Mayor to set November 18, 2008 for the Public Hearing on the confirmation of the Final Assessment Roll for L.I.D. 359 Summary: This project was on the City's Six Year Transportation Improvement Program and was known as the S. 2771h Corridor Extension. This section of 116th Avenue was part of the 2771h Corridor which had not yet been fully improved to City standards. City Engineering staff competed for a state grant to help pay for the costs and were ultimately successful in obtaining a $1.945 million dollar grant for the project. During the process of negotiation with the property owners in this area to acquire ' right of way, it became evident that nearly all of the property owners wanted to have sewer service installed, and again nearly all of the property owners wanted to either sell their property to a developer or redevelop the property themselves. To ' develop individual properties a developer would have to install the necessary sanitary sewers, storm sewers, water lines, storm water detention and build typical street frontage improvements similar to what you would see in other private ' residential developments throughout the City. The grant the City obtained could not be used for the utility extensions that would ' benefit individual private properties, but only for the general roadway. Because the properties requested these utility extensions to their private property to allow development to occur, the City investigated the best way for the property owners to ' finance the added cost and recommended a local improvement district. One of the property owners circulated a L.I.D. petition and collected signatures from a number of property owners. ' The Resolution of Intent #1728 was passed by City Council on August 1, 2006 which set the hearing date for September 5, 2006. Only six property owner spoke ' in opposition of the L.I.D. formation and nobody submitted a protest. Various P IPuhlic L4dminSuplBethIPWConimnteelAUmnPagedoc others spoke in favor, therefore City Council passed Ordinance No. 3808 forming the L.I.D. and ordering the construction of the improvements. The project construction was done with two construction contracts both awarded to Rodarte Construction, Inc. The first was for the joint utility trench for the ' undergrounding work and the second was for the remainder of the road and utility work. Summary: , The construction is near completion and we are ready to finalize the L.I.D. The total final assessment of $1,331,231.69 is less than the preliminary assessment of $2,015,197.59. For additional information and details about this project and L.I.D., see , Attachment `A'. 1 t 1 1 Proposed LID 116"A veIPWCommnteeWtion fte doc ATTACHMENT "A" BACKGROUND / HISTORY OF LID 359: For sometime the City planned to widen 116th Avenue SE between Kent Kangley Road and S. 256th Street. The project was on the City's Six Year Transportation Improvement Program and was known as the S. 277th Corridor Extension. This section of 116th Avenue was part of the 277th Corridor which had not yet been fully improved to City standards. Traffic studies show that traffic demand will continue to increase on this section of 116th Avenue. The roadway facilitates traffic from SE 2561h Street to the previously improved portion of the 272"d Street Corridor south of Kent Kangley Road. The project widened the street from two lanes to five and included curb, gutters, sidewalk, a new storm water system, a new street illumination system, and undergrounding of the overhead power and telephone wires. Also included was widening on Kent Kangley Road near the intersection with 116th Street. City Engineering staff competed for a state grant to help pay for the costs and were ultimately successful in obtaining a $1.945 million dollar grant for the project. To complete the project the City needed to widen the right-of-way to accommodate the wider roadway. Following a typical process the City hired an outside appraiser and property negotiator to acquire the strips of private property needed adjacent to the roadway. During the process of negotiation with the property owners in this area to acquire these property strips, it became evident that nearly all of the property owners wanted to have sewer service installed, and again nearly all of the property owners wanted to either sell their property to a developer or redevelop the property themselves. To develop individual properties a developer would have to install the necessary sanitary sewers, storm sewers, water lines, storm water detention and build typical ' street frontage improvements similar to what you would see in other private residential developments throughout the City. ' The grant the City obtained cannot be used for the utility extensions that would benefit individual private properties, but only for the general roadway. Because the properties have requested these utility extensions to their private property to allow development to occur, the City investigated the best way for the property owners to finance the added cost and recommended a local improvement district. One of the property owners circulated an L.I.D. petition and collected signatures from a number of property owners. In addition, there were two other parcels which have signed L.I.D. no protest covenants for street improvements. The cost of adding the utilities and extending the sewer, water lines, and street frontage improvements was estimated. Information was sent to all of the property owners within the proposed L.I.D including the project description, L.I.D. information and the proposed assessment. Subsequently, we met individually with all but three of the property owners which declined the invitation. Nearly all of the property owners expressed interest in developing their property or eventually selling to a developer. During these meetings we discussed the potential for development of each property owners Proposed LID 116ib AveIPWCommmeeUchonPage doe n utility improvements to allow development to ' property and the need for street and y p p occur. , An individual property owner could extend the sanitary sewer to their property and pay the full cost up front, however, for most cases this would not be economically feasible. With the L.I.D. everybody serviced shares in the cost. It also made sense to install the utilities prior to the street construction to avoid cutting the new street and the associated extra costs at a later date. The City obtained grant funding and had other funds to reduce the cost of the street improvements. Including the L.I.D. improvements in the City project increased the economy of scale as larger projects usually receive better prices which also reduces the cost. Also, the L.I.D. provides a 15 year payment plan at a low rate of interest. The response to the proposal was very positive and subsequently the L.I.D. was formed. The Resolution of Intent #1728 was passed by City Council on August 1, 2006 which set the hearing date for September 5, 2006. Only six property owner spoke in opposition of the L.I.D. formation and nobody submitted a protest. Various others spoke in favor, therefore, City Council passed Ordinance No. 3808 forming the L.I.D. and ordering the construction of the improvements. L.I.D. IMPROVEMENTS FOR 116T" AVE SE Roadway: The roadway improvements included widening to 5 lanes (2 lanes each direction with a center turn lane), bike lanes, curb and gutter, sidewalk, channelization, signing, storm drainage and detention, street lighting, street trees and undergrounding of overhead power and telephone wires. These improvements include the roadway frontage improvements typically required for development. A small share of the total project cost is assessed to the frontage properties. Sanitary Sewer: The project consisted of installing an eight-inch diameter sanitary sewer collection system complete with manholes. Six-inch diameter side sewer stubs from the main line to the property lines at the street were also included. For properties where future multiple connections were anticipated, the appropriate number of stubs are included. Where there was anticipated significant future development, an eight inch ' stub was included. The sanitary sewer is 100% L.I.D. funded. Water: A City water main is already located within 116th Ave SE and the existing houses were already connected, however, for future development of the properties, additional connections to the water main will be required. To avoid cutting the new street, stubs and services to accommodate future development were installed to the edge of the right of way. This work included one inch service lines with meter box and setter for anticipated future lots or where required, an eight inch stub for a future main extension. The new stubs and services are 100% L.I.D. funded. NEED FOR THE IMPROVEMENTS: ' The L.I.D. improvements are needed for development as discussed above. In addition, sanitary sewer is needed for other reasons. Proposed LID I I6"A velPWCommiBeeWtionPage doc ' The project area is an older residential area with septic systems. All residential lots except one have homes. It is not known how many existing septic systems were technically in a state of failure if any. However, we did receive input regarding septic problems. Due to the age of the septic systems and the potential for problems, the sewer is a desirable improvement, particularly with the adjacent creek. Usually it is difficult and expensive to repair septic problems, especially with today's stricter standards. Sanitary sewers are usually the only feasible, economical and long term method for addressing these potential problems, especially when numerous property owners in a neighborhood support sewer installation as was the case with this project. The Department of Public health has told us that the life expectancy of a septic system is twenty to thirty years depending on use and maintenance and that they are a short term disposal method until public sewers become available. These homes were built in the 1950's and 1960's, with some being older, therefore the project area has exceeded this time frame. These systems are at or are near the end of their useful life. The cost of septic repairs may also be as high as converting to public sewers. The latest state codes make septic repairs more difficult and expensive than in the past. The soil type within the project area is rated poor for septic system use. According to the Soil Conservation Service (US Dept. of Agriculture) soil survey for King County, the soil type as mapped is rated "severe limitation" (worst case) for septic drain fields. The soil series is designated as Alderwood gravelly sandy loam. This soil exhibits very low permeability below a depth of 24 to 40 inches and has a seasonal high water table less than 4 foot depth. Effluent and drainage move laterally over the shallow imperious layers. Effluent may come to the surface resulting in odor. In addition to the need for sewers in this area to replace the old septic systems, there are environmental concerns. Septic systems are a threat to water quality, fish and wildlife and public health within the drainage basin for this area. A stream tributary to Soosette Creek runs through the project area. There is also a wetland along one portion of the stream and another wetland on the other side of 116th. Septic seepage and runoff can degrade water quality in the stream and wetlands. TOTAL PROJECT COST: Preliminary Estimate dated 5/11/06 $7,159,642.98 Final Cost Estimate $7,078,755.41 L.I.D. FUNDING: L.I.D. ASSESSMENT PRELIMINARY FINAL COMPONENT ASSESSMENT ASSESSMENT Street 410 391.97 $446,013.18 Sanitary Sewer 1 266 911.13 $751,318.89 Water Services & Stubs $ 163 726.04 $133,899.62 Storm Detention $ 174 168.45 0 TOTAL $2 015 197.59 1 331 231.69 Pmposed LID 1 W Aw1PWC6—IIeeW cnonPage doc There is one City property (#9) within this L.I.D. with a final assessment of $39,710.22. METHOD OF ASSESSMENT: The assessment for each component of the L.I.D. was distributed to the benefiting properties as follows: Street: These costs were distributed by square footage using a modified zone and termini method. The assessment rate decreases with each 100 foot zones back from the street frontage to the rear of the property. For this project there are up to 7 zones. The zone rate for the first 100 foot strip of each parcel is seven times the rate of the seventh zone from the frontage, the second zone from the frontage is six time the rate of the seventh zone and so on. Parcels #17, 18 and 19 are located on Kent Kangley and were not assessed for the widening of 116tn Most of the property within this L.I.D. is zoned single family (SR6 and SR8). Due to the different densities of single family and the fact that the benefit relates to the number of developable lots that can be obtained, the single family property assessments were calculated based on the number of developable lots. Each parcel was reviewed to determine the minimum number of lots that could be obtained through a short plat or full plat. The total cost from the zone and termini distribution for all of the single family zoned properties was distributed on a per potential lot basis. The assessment for three other parcels zoned multiple family (MRM) and office-mixed use (O-MU) are per the zone and termini calculation. Sanitary Sewer: These assessments were calculated in the same manner as the street assessments described above. One property (#7) already had sewer service and was not assessed. Water Stubs: Each property is assessed for the actual cost for the number of new one inch or two inch water services or for an eight inch stub from the existing water main to the property as required to fully develop the parcel. Parcels #7, 10, 18 and 19 were not assessed for water as they already have access and service for the potential number of lots. Storm Detention: Originally assessment numbers 8 and 9 were assessed a share of the cost to build the projects detention pond. The pond was sized to handle the additional water. This would eliminate the need for on site ponds on these properties. No other properties can gravity into the City pond, therefore, they were not assessed. Due to wetlands on numbers 8 and 9, the number of potential lots has been reduced. For the smaller number of lots, detention will not be needed, therefore the detention assessment was eliminated for the final assessment roll. PAYMENT OF ASSESSMENTS: Following Council passing the Ordinance confirming the Final Assessment Roll, there is a 30-day period in which any portion or all of the assessment can be paid without interest charges. After the 30-day period, the balance is paid over a fifteen-year period wherein each year's payment is one-fifteenth of the principal plus interest on the unpaid balance. The market determines the interest rate at the time the L.I.D. bonds are sold to the public. Proposed LID 116ib AveIPWCommateelAchonPage doc CHANGES SINCE PRELIMINARY ROLL: Several changes have been implemented since the L.I.D. was formed. These changes affect the amount or distribution of the assessments. 1. Assessment #3 (Lawyer) was reduced from 3 lots to 2 lots. 2. Assessment #8 (Kangas) submitted a wetland delineation which was approved. Due to the wetland and buffer, only 3 lots can be developed instead of the 10 used for the original assessment. The final assessment is based on 3 lots. With only two potential additional houses, detention is not required. The detention assessment was deleted for the final assessment. The preliminary assessment for water was not based on lots. It was based on the actually cost of the stubs received. For assessment #8 an 8 inch water stub was originally planned to service the 10 lots. However, with the reduction in lots, this stub isn't needed, although it was constructed. The assessment was revised to reflect the cost for 2 standard 1" services as installed elsewhere on the project. With the 2 new services in addition to the existing service for the original house, 3 houses can now be serviced. 3. Assessment #9 (City of Kent, originally Myers) also contains a wetland which was delineated. The number of lots was revised from 5 to 2. The water stub was changed prior to construction and the final assessment is based on 1 new standard 1" service. With only one potential additional house, detention is not required. The detention assessment was deleted for the final assessment. 4. Assessment #11 (Lam) submitted a proposed development plan which showed 4 lots instead of 3. We agreed that 4 lots could be developed. Additional stubs were added to accommodate 4 lots. The final assessment was calculated based on 4 lots. 5. Assessment #12 (Duma) received a sanitary sewer connection. Prior to repaving the driveway, the sewer connection from the existing house to the side sewer stub was installed as part of the project. This cost is in addition to the basic sewer assessment and the cost was added to the assessment for #12. 6. Assessments #15 and #16 (Hurley and Basmajian) executed a lot line adjustment. The final assessments were revised to reflect this change. The originally planned 8" water stub to service both of these lots now only services #16. A 2" service was added to service #15. 7. Assessment #7 (Colonial Square) converted to a condominium with an new l owner for each of 43 units. Assessment numbers #20 to #62 were added to the assessment roll. Proposed LID 116'h AveIPWCommipeeUcnonfte doc I I II SE 258TH ST I I I 11c 7, 20-62 W Vf Ld I 'Q I PREPAID IAM ATION FEES I I O I O I I 6 I DETENTION POND If II I SE 259TH PLIr 10 O I 11 I 3 1 12 O O 1 O I I 13 14 I 16 17 I S\ 18 �•%/'1cENT / � pwMl[MU"oyAMAWr• s am♦V[.f. • Kn .W^-9s 2 UD 359 ASSESSMENT MAP I 116TH AVENUE SE ' \ tO= LID ASSESSMENT NUMBER �l Ll6 COVENANT = I I I �c � I ' Kent City Council Meeting Date October 7, 2008 Category Consent Calendar - 6N 1. SUBJECT: 2ND AVENUE PEDESTRIAN IMPROVEMENT PROJECT - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the 2nd Avenue Street Improvements Project as complete and release retainage to Dennis R. Craig Construction, upon standard releases from the state and release of any liens. The original contract amount was $338,673.59. The final contract amount was $273,615.60. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (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: Kent City Council Meeting Date October 7, 2008 Category Other Business - 7A 1. SUBJECT: LOWER GREEN RIVER PROPERTY ACQUISITION PROJECT LEASE 2. SUMMARY STATEMENT: The Desimones had a lease agreement with Majestik Trucking for $1,500 per month. Per Federal Relocation requirements, Majestik Trucking was given notice to vacate 90 days after August 28, 2008. The lease will cover the time allowed for Majestik Trucking to find a suitable location to relocate its facilities. The City will receive $1,500 per month for three months, for a total of $4,500 if Majestik Trucking uses the property for the full term of the lease. The lease requires that Majestik Trucking give the City 14 days notice if it plans to vacate the property before the end of the lease. 3. EXHIBITS: Public Works memo, lease agreement and area map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember*41��- seconds authorize the Mayor to sign a lease agreement with Majestik Trucking from Y 9 9 J 9 September 1, 2008 to November 30, 2008, for a portion of the Desimone Parcel on the Lower Green River Property Acquisition Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. DISCUSSION: ACTION: /UL PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 • Fax: 253-856-6500 KENT WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: September 24, 2008 TO: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: October 6, 2008 FROM: Mike Mactutis, Environmental Engineering Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: Lower Green River Property Acquisition Project Lease Motion: Recommend authorizing the Mayor to sign a $1,500.00 per month lease, including utilities, for Majestik Trucking from September 1, 2008 to November 30, 2008 for a portion of the Desimone Parcel on the Lower Green River Property Acquisition Project, subject to approval upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: The Lower Green River Property Acquisition Project was approved by the Kent City Council on August 21, 2007 which included the purchase of the Desimone property at 24955 Frager Road S. The City purchased the Desimone property on August 19, 2008. The Desimones had a lease agreement with Majestik Trucking for $1,500.00 per month. Per Federal Relocation requirements, Majestik Trucking was given notice to vacate 90 days after August 28, 2008. The lease will cover the time allowed to Majestik Trucking to find a suitable location to relocate their facilities. Revenue: The City will receive $1,500.00 per month for three months, for a total of $4,500.00 if Majestik Trucking uses the property for the full term of the lease. The lease requires that Majestik Trucking give the City of Kent 14 days notice if they plan to vacate the property before the end of the lease. U\PWC0mmrttee\AdjonPage\2008\10 06 08\MajesttcTruckmsLeaseAgrmnt doc LEASE AGREEMENT THIS LEASE is entered into the date fully executed by and between the CITY OF KENT hereinafter called the "Owner", and TOM DEHART and KATHY DEHART, husband and wife, d/b/a Majestik Trucking, hereinafter called the "Tenants". 1. PREMISES The Owner hereby lets and leases to the Tenants the property located on King County Tax Parcel No. 232204-9029. The area so leased is hereinafter called "the premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. 2. USE 1 Tenants shall use the premises for a trucking business. No use shall be made of premises, nor act done in or about premises, which is illegal, unlawful, or which will increase the existing rate of insurance upon the premises. Tenants shall not commit or allow to be committed upon premises, any waste or any public or private nuisance. Tenants will comply, at Tenants' own cost and expense, with all reasonable orders, notices, regulations or requirements of any municipality, state or other governmental authority respecting the use of the premises. 3. TERM The term of this lease shall be September 1, 2008, through November 30, 2008. Tenant may terminate the lease at any time by giving 14 days written notice to Landlord. 4. RENT $1,329.32 per month rent plus $170.68 leasehold tax (12.84%), for a total of $1,500.00 per month. S. TAXES Tenants shall pay any tax that this Lease, or the interest created thereby, may i be subject to at any time during the term of the Lease or renewal thereof. 6. RE-DELIVERY Tenants, at the expiration of the term in section 3, any extension of the term, or upon any sooner termination of this Lease, will, without notice, quit and deliver up said premises to the Owner peaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by Owner, reasonable use and wear thereof excepted. LEASE AGREEMENT - Page 1 of 6 (between the City of Kent and Majestik Trucking and Tom and Kathy DeHart) 7. CONDITION OF THE PREMISES The parties acknowledge that the premises are being leased to Tenants for Tenants' convenience. The premises are being leased "as is". Owner is not obligated to make any repairs to the premises. All necessary repairs to maintain the condition of the premises, minus reasonable wear and tear shall be paid by Tenants. 8. REPAIRS AND ALTERATIONS Tenants shall not make any alterations, additions or improvements to said premises, without the consent of Owner in writing first, which shall not be unreasonably withheld. All alterations, additions and improvements that are made, shall be at the sole cost and expense of Tenants. All improvements shall become the property of the Owner except for improvements that Owner, at Owner's option, agrees are the property of Tenants, or improvements that Owner requests Tenant to remove at termination. If the Tenants perform work with the consent of the Owner, Tenants agrees to comply with all laws, ordinances, rules, regulations of the appropriate City or County, and any other authorized public authority. The Tenants further agree to save the Owner free and harmless from damage, loss or expense arising out of the said work. Tenants agree that Owner has the right, but not the duty, to make alterations to the premises. 9. UTILITIES Payment for utilities is included within the rent in Section 4. 10. INSURANCE The Tenants shall procure and maintain for the duration of the Lease "all risk" property insurance in the amount of One Million Dollars combined single limit per occurrence and in the aggregate for bodily injury, personal injury and property damage which may arise from or in connection with Tenant's use of the premises. Tenants shall name Owners as an additional insured on this policy, subject to notice to Owner thirty (30) days prior to cancellation. 11. INDEMNIFICATION HOLD HARMLESS The Tenants shall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Lease, except for injuries and damages caused by the negligence of the Owner. Should a court of competent jurisdiction determine that this Lease 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 Tenant and the Owner, its officers, officials, employees, and volunteers, the Tenants' liability hereunder shall be only to the extent of the Tenants' negligence. The provisions of this section shall survive the expiration or termination of this Lease. LEASE AGREEMENT - Page 2 of 6 (between the City of Kent and Majestik Trucking and Tom and Kathy DeHart) 12. LIENS AND INSOLVENCY Tenants shall keep the leased premises and property in which the leased premises are situated, free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenants. 13. ASSIGNMENT Tenants shall not assign this lease or any part thereof and shall not let or sublet the whole or any portion of the premises. This Lease shall not be assignable by operation of law. 14. ACCESS Tenants will allow Owner or Owner's agents free access at all reasonable times to said premises for the purposes of inspection. This right shall not be construed as an agreement on the part of the Owner to make repairs, additions, or alterations. 15. DAMAGE OR DESTRUCTION In the event the premises or the building is damaged to such extent as to render the premises untenantable in whole or in a substantial part thereof, or is destroyed, the Tenants shall give Owner or Owner's agent immediate written notice thereof, and, it shall be optional with the Owner to repair or rebuild the same; Owner shall have not more than thirty (30) days after date of such notification to notify the Tenants in writing of Owner's intentions to repair or rebuild said premises, or the part so damaged as aforesaid. If Owner elects to repair or rebuild said premises, Owner shall prosecute the work of such repairing or rebuilding without unnecessary delay. If Owner elects not to repair or rebuild said premises this Lease shall be terminated and Owner shall not be obligated to provide Tenants another facility to lease. 16. NOTICES All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail, postage prepaid, by either registered mail or by regular mail with certificate of mailing obtained. Notices shall be mailed to the addresses below, or a later changed addressed provided in writing to the party: OWNER: City of Kent Attn: Mike Mactutis Environmental Engineering Manager 220 Fourth Avenue S Kent, Washington 98032 (253) 856-5700 LEASE AGREEMENT - Page 3 of 6 (between the City of Kent and Majestik Trucking and Tom and Kathy DeHart) TENANT: Majestik Trucking c/o Tom and Kathy DeHart, Owners 24955 Frager Rd. S. Kent, WA 98032 and Majestik Trucking c/o Tom and Kathy DeHart, Owners P.O. Box 457 Auburn, WA 98071 253-221-6550 17. DEFAULT AND RE-ENTRY If Tenants shall violate, default or not comply with any of the material covenants, agreements or provisions of this lease agreement, then the Owner may cancel this lease upon giving the notice required by law, and re-enter said premises, using such force as may be required. The failure of the Owner to insist upon strict performance of any of the covenants and agreements of this lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenant or agreements, but the same shall be and remain in full force and effect. 18. COSTS AND ATTORNEYS FEES If by reason of any default on the part of Tenants it becomes necessary for the Owner to use an attorney, or if Tenants shall bring any action for any relief against Owner, declaratory or otherwise, arising out of this lease, the prevailing party shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be reasonable attorney's fees. 19. REMOVAL OF PROPERTY In the event of any entry in, or taking possession of, the leased premises, the Owner shall have the right, but not the obligation, to remove from the leased premises all personal property located therein. Owner may store the same in any place selected by Owner, including but not limited to a public warehouse, at the expense and risk of the owners of the personal property, with the right to sell such stored property in accordance with Chapter 59.18 RCW. LEASE AGREEMENT - Page 4 of 6 (between the City of Kent and Majestik Trucking and Tom and Kathy DeHart) 20. HEIRS AND SUCCESSORS Subject to the provision hereof pertaining to assignment and subletting, the covenants and agreements of this lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. 21. HOLDOVER If the Tenants shall, with the written consent of Owner, holdover after the expiration of the term of this lease, such tenancy shall be for an indefinite period of time on a month to month tenancy, such tenancy may be terminated as provided by the laws of the State of Washington. During such tenancy Tenants agrees to pay to the Owner 150% of rent and corresponding leasehold tax from Section 4 per month and to be bound by all of the terms, covenants, and conditions of this Lease, so far as applicable. 22. SUBORDINATION Upon Owner entering into any financing or refinancing affecting the subject premises, Tenants agrees to execute documents within three (3) days of the request of Owner to subordinate this lease to any mortgage, (or deed of trust or other security) granted to a financing institution or other secured party or entity. 23. COMMUNICATIONS Tenants are responsible for all installation, operation, and termination charges related to its own independent telephone system, including, but not limited to, costs, expenses, and charges for telephone equipment and line charges, line installation, inside wiring, re-configuration, and system repairs. The foregoing conditions are mutually agreed to by the Owner and the Tenants. TENANT: OWNER: TOM DEHART and KATHY DEHART CITY OF KENT d/b/a MAJESTIK TRUCKING Tom DeHart By: Suzette Cooke Maxor Kathy DeHart Date: Date: (Notary Public Acknowledgements Appear on Next Page) LEASE AGREEMENT - Page 5 of 6 (between the City of Kent and Majestik Trucking and Tom and Kathy DeHart) STATE OF WASHINGTON ) ) ss. KING COUNTY ) On the day of 2008, Suzette Cooke personally appeared before me, to me known to be the Mayor for the CITY OF KENT, a Washington municipal corporation, that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such municipal corporation, for the uses and purposes therein mentioned, and on oath stated that she was duly authorized to execute such instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Signature (Printed Name) NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 2008, before me a Notary Public in and for the State of Washington, personally appeared TOM DEHART and KATHY DEHART, husband and wife, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument and acknowledged it to be their free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Signature (Printed Name) NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires P:\Civil\Files\Open Files\1265\Ma jestl&Iease091508.doc LEASE AGREEMENT - Page 6 of 6 (between the City of Kent and Majestik Trucking and Tom and Kathy DeHart) EXHIBIT A 0,,,"tl,.µ,,hR1r" , d"dp7b +. `��+t �aC 4 i u .�In :x ��. +i'r"4tiF�f Y,��� f1 ✓S ei. `� '9i0 4"( �"„d >+ y' ,r�l•;i,��''i.y's��ux ti, ' $; n i ��.Y�YHy��' ro� t+� �B. ;9 ,*�yAt`,Ls$�`s"+, ui '7'a ''`off a• 'P.,3 yy)r I h I^ � •tiKJIf�R`f�'t�� P I�1' �*"�W "3� .•-'Q jF4P �j���,,N oS4 o;,.,' „�,¢IY41,I'p'�,•,r�4�i:' 4`a''"tn'" fH, tI I'r ,'.w, ��, ��"�4MF,�r?ie��i'i;9 w';:�h�s�,k;�`�.�'uj�?ii�;,"�{f`Riu�d� :a` �,'`� ,;• All AI s!1 v4111,Al nag`' �i'` , �! k•i. ID^ ,,JJ N a t +/w .%.cffi8'!w W�1e 24955 FRAGER ROAD S. - CITY OF KENT PROPERTY AERIAL PHOTO DATE: MARCH 2O06 KING COUNTY PARCEL NO. 232204-9029 = AREA PER LEASE AGREEMENT WITH MAJESTIK TRUCKING 1 -100 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE uu� D. PARKS AND HUMAN SERVICES COMMITTEE VN�- E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS o H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES KEN T W A H H 1 N O T O N OPERATIONS COMMITTEE MINUTES SEPTEMBER 2, 2008 Committee Members Present: Debbie Raplee, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:01 p.m. 1. APPROVAL OF MINUTES DATED AUGUST 19, 2008 Thomas moved to approve the minutes of the August 19, 2008, Operation Committee meeting. Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED AUGUST 31, 2008 fFinance Director Bob Nachlinger presented the vouchers for August 31, 2008 for approval. Raplee moved to approve the vouchers dated August 31, 2008. Thomas seconded the motion, which passed 3-0. 3. RECOMMENDATION THAT COUNCIL APPROVE THE 2008 TECHNOLOGY PLAN PROJECT LIST, ESTABLISHING A PROJECT BUDGET OF $3.1 MILLION Information Technology Director Mike Carrington presented for review the proposed 2008 Technology Plan project list, budget summary sheet, and projects outline. This Plan represents technology capital investments for the September 2008 through 2009 calendar year, with a total budget of $3.1 million. Carrington noted that this recommendation also 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 requesting a provision level of $75,000 in order to streamline purchasing efforts commensurate to today's cost of mainstream technology. Carrington also provided a brief explanation of the scaled down IT project list which includes projects that are mandatory, high priority, and projects that keep core critical business systems running. Questions regarding the project list were raised by the Committee which Carrington responded to. Questions were also raised regarding the $75,000 authorization level for the Mayor which both Operations Committee Minutes September 2, 2008 Page: 2 Carrington and City Attorney Tom Brubaker responded to. Brubaker advised that the $75,000 authorization level applies to this specific IT project only. Thomas moved to recommend that the City Council authorize the approval of the 2008 Technology Plan Project List, establishing a project budget of $3.1 million and to authorize the Mayor, subject to the City's purchasing rules for bidding, RFP, RFI and RFQ requirements to sign vendor and consulting contracts without further Council approval in amounts up to $75,000 for purchases made for the implementation of the Technology Plan. Raplee seconded the motion, which passed 3-0. 4. RECOMMENDATION 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 Information Technology Director Mike Carrington stated that 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. Kent's Communications Infrastructure Master Plan initiative is defined by four (4) distinct phases. Those phases and their sub-components are as follows: 1. 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 i assessment. 2. 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. 3. 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. 4. Project & Construction Implementation Management Staff Ivendorlcontractor selection, contract and budget oversight, 3 Operations Committee Minutes September 2, 2008 Page: 3 construction management, schedule control, inspection and permitting, testing and operations training. Carrington further explained that to date, phases I and II have been completed in concert with their strategic initiative partner - ISMS, 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. Questions were raised by the Committee which Carrington responded to. Specific questions were raised regarding the approval of $303,499 plus expenses. Carrington explained that the expenses are primarily for professional services provided through ISMA, Inc. More specifically, travel expenses for their consultants to travel to and from Kent from their headquarters in Southern California. City Attorney Tom Brubaker further explained that these expenses are addressed in the Consultant Services Agreement between the City of Kent and ISMS, Inc., page 6, section C. Raplee moved to recommend that the City 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. Thomas seconded the motion, which passed 3-0. ITe eting a 'ourned at 4:34 p.m. Nancy ClIty Operatio Committee Secretary Page 1 City of Kent KENT Parks and Human Services Committee Meeting Wh.NINtl TON Minutes of August 21, 2008 Call to Order: Debbie Ranniger called the meeting to order at 5:07 p.m. Council Present: Chair Debbie Ranniger, Jamie Danielson Council Absent: Elizabeth Albertson Item #1 Meeting Minutes dated July 17, 2008 Jamie Danielson moved to approve the minutes of July 17, 2008. Debbie Ranniger seconded and the motion passed 2-0, with Elizabeth Albertson's concurrence. Item #2 Lease Agreement with St. Vincent de Paul for "New Connections" - Authorize Jeff Watling, Director of Parks, Recreation and Community Services announced that 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. In consideration of this 3-year agreement, the Lessee pays all costs associated with or arising out of the maintenance, operation, and agreed upon tenant improvements (Exhibit B), including new gutters, roof, interior and exterior painting, and landscaping of the leased premise in lieu of paying rent. Jamie Danielson moved to recommend Council authorize the Mayor to sign the lease agreement with St. Vincent De Paul to rent the city-owned building located at 412 West Titus Street. Debbie Ranniger seconded and the motion passed 2-0, with Elizabeth Albertson's concurrence. Item #3 Agreement with Siemens Technologies. Inc. for HVAC Modifications - Authorize Jeff Watling, Director of Parks, Recreation and Community Services reported that Siemens Building Technology, Inc. has provided APOGEE Software for the HVAC computer system since 2002, city-wide. This is a three-year renewal agreement that totals $42,510.00, including upgrades and applicable Washington State Sales Tax. Jamie Danielson moved to recommend authorizing the Mayor to enter a renewal agreement for three-years in the amount of $42,510.00 with Siemens Building Technologies, Inc. for the HVAC software support and upgrades city-wide, subject to final terms and conditions acceptable to the City Attorney. Debbie Ranniger seconded and the motion passed 2-0, with Elizabeth Albertson's concurrence. Page 2 Item #4 Agreement with Smith Fire for Security Systems - Authorize Jeff Watling, Director of Parks, Recreation and Community Services shared that proposals were requested for a city-wide security system for monitoring fire and burglar alarms, confidence testing, backflow device inspection and underground vault inspection. Three proposals were received. Smith Fire Systems, Inc. was chosen to contract with for three years because they met all of the necessary proposal requirements and has supplied security systems to the city since 2004. Jamie Danielson moved to recommend authorizing the Mayor enter into an agreement with Smith Fire Systems, Inc. for $23,572.34 to monitor and test fire l� and burglar alarm systems city-wide, subject to final terms and conditions s acceptable to the City Attorney, Debbie Ranniger seconded and the motion passed 2-0, with Elizabeth Albertson's concurrence. Item #5 Agreement with Air Exchange, Inc. for Modifications to Exhaust Extractions Systems - Authorize Jeff Watling, Director of Parks, Recreation and Community Services reported that The Plymovent Exhaust Extraction System from Air Exchange, Inc. is currently used at all fire stations. The modifications and additions outlined in this agreement apply to the existing system to create a more efficient vehicle movement in and out of the apparatus bays, and to give staff straight line drive-through ability. These modifications were budgeted in 2008 and begin at Stations 73 and 75, and continue to all fire stations, as future budgets allow. The Mayor waived the bidding requirements in support of an agreement with Air Exchange, Inc. to complete modifications and additions to the Plymovent Exhaust Extraction Systems based on the city's sole source qualifications. The estimated cost of the project is $68,554.00, including installation and delivery, but excluding applicable taxes. Jamie Danielson moved to recommend authorizing the Mayor to enter into an agreement with Air Exchange, Inc. in the amount of $68,554.00 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. Debbie Ranniger seconded and the motion passed 2-0, with Elizabeth Albertson's concurrence. Item #6 What's Happening • The last of twenty summer concerts conclude this week. A total of 7,700 residents attended concerts at Town Square Plaza, Kent Station and Lake Meridian Park this summer. • Russell Road Park and/or Service Clubs were reserved for softball tournaments every weekend through the entire summer. A record number Parks and Human Services Committee Page 2 Minutes of August 21, 2008 Page 3 of teams played this year. Eighty softball teams have already registered for the fall season. • Summer camps experienced the highest number of participants this summer. Over 5,300 attended the programs at six different sites and 4,900 kids were provided free lunches. • The West Fenwick Park Dedication is Tuesday, August 26, at 3:00 p.m. The park renovation was funded by a Federal Grant. • Lake Meridian Public Meeting for Playground Equipment Selection 1,750 flyers mailed to the park's service area residents Wednesday, August 27, 4:00 - 7:00 p.m. at the picnic shelter Volunteer events: - FedEx cleaned and laid rock at Lake Fenwick Park. - Home Depot worked on the new boardwalk at Clark Lake Park. - REI donated $5,000 for the split rail fence materials and plants for Van Doren's Landing and then volunteered to complete the installation and plantings. - EW Hawkeye Consultants and Venture Scouts removed tons of invasive plants. - Kvichak Marine removed invasive plants and limbed up trees at Morrill Meadows Park. - REI will finish planting at Lake Fenwick on September 9. - REI is returning to the Senior Center on September 11 to spread more bark. Debbie Ranniger said she is very impressed with all the businesses that volunteer for our projects. Lori Flemm responded that many businesses even close for the day while they volunteer. • The Corps. of Engineers Levee Project at Riverbend Golf Complex is ahead of schedule by two weeks. The course re-design bid opening is Friday, August 22, and should go to Council for contract award on September 2. Construction to begin the middle of September. The meeting adjourned at 6:00 p.m. Respectfully sLAmitted, Teri Petrole Committee Council Secretary Parks and Human Services Committee Page 3 Minutes of August 21, 2008 1 PUBLIC WORKS COMMITTEE MINUTES FOR MONDAY, AUGUST 18, 2008 Committee Members Present: Chair Deborah Ranniger and Committee Members Harmon and Raplee were present. The meeting was called to order at 5:03 p.m. ITEM 1 - Approval of the Minutes Dated August 4, 2008: Committee Member Raplee moved to approve the minutes of August 4, 2008. The motion was seconded by Harmon and passed 3-0. ITEM 2 -Set Public Hearina Date - Application to Vacate South One-Half of SE 222"d Street West of 92"d Avenue South & East of SR 167: Tim LaPorte, Deputy Public Works Director summarized that South 222"d Street was dedicated to the public as part of the 1890 plan Shinns Clover Addition to Kent. The city owns all properties on the north side abutting the north half of the road unaffected by the proposed vacation. This portion of 222"d dead-ends at SR-167. A Forrest Hills SEPA condition requires the vacation. LaPorte stated that the City is in agreement to vacate the South side of the property. Harmon moved to recommend Council adoption of a resolution setting a public hearing date of Tuesday, September 2, 2008 for the vacation of the South one-half of SE 222"d Street, West of 92"d Avenue South and East of SR -167. The motion was seconded by Raplee and passed 3-0. The motion above should have read as follows: moved to recommend Council adoption of a resolution setting a public hearing date of Tuesday, Tuesday, October 7, 2008 for the vacation of the South one-half of SE 222"d Street, West of 92"d Avenue South and East of SR -167. Not September 2, 2008 as approved. ITEM 3 - Authorization - Anchor Environmental LLC, Consultant Contract for the Lake Meridian Outlet: Beth Tan, Environmental Engineer III stated that, under this contract, Anchor Environmental, Inc. will prepare bid documents, finalize permits, and provide construction support of Phase II of the Lake Meridian Outlet Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. This contract continues improvements planned for the Lake Meridian Outlet Project Phase, II, which this contract supports, includes construction of roughly 2,000 feet of new stream channel extending east from Lake Meridian to Big Soos Creek. Once constructed the new channel will include fish-friendly habitat features such as native plantings, wood structures, streambed gravels and pools. Raplee moved to recommend Council authorize the Mayor to sign the Anchor Environmental LLC Contract Agreement for the Lake Meridian Outlet Phase II Project for $44,706 upon concurrence of the language there in by the City attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. Page 1 of 2 z PUBLIC WORKS COMMITTEE MINUTES FOR MONDAY, AUGUST 18, 2008 ITEM 4 —Recommendation for Adoption of the Drainage Master Plan: Beth Tan, Environmental Engineer III gave an informative PowerPoint presentation Tan stated that the Drainage Master Plan is on parallel tract with the Water System. City of Kent staff and their consultants have completed the 2008 Drainage Master Plan. These plans are the framework for improvements, maintenance, and replacement needs for the next 10 years for the drainage utility. For detailed information on the Drainage Master Plan please visit http://www.ci.kent.wa.us/publicworks/index.aspx?=9134 . Harmon moved to recommend approval of an Ordinance adopting the City of Kent Drainage Master Plan upon Concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Raplee and passed 3-0. ITEM 4 —Recommendation for Adoption of the Water System Plan: Design Engineering Supervisor, Chad Bieren gave an informative PowerPoint presentation. Bieren stated that the Washington State Department of Health (DOH) requires a Water System Plan from all water utilities. The Water System Plan is used to assess existing systems for compliance with standard operating requirements and to plan for future growth; it must be updated every six years. For detailed information on the Water System Plan please visit http://www.ci.kent.wa.us/12ublicworks/index.asr)x?id=9136 . Raplee moved to recommend approval of an Ordinance adopting the Water System Plan and authorizing the Public Works Department to proceed with approval of the Plan through agencies with jurisdiction. The motion was seconded by Harmon and passed 3-0. Adiourned: The meeting was adjourned at 5:42 p.m. Cheryl Viseth, Public Works Committee Secretary Page 2 of 2 CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION