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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/17/2009 r City of Kent CRY Council Meeting Agenda March 17, 2009 Mayor Suzette Cooke Debbie Rap lee Council President t Councilrnembers Elizabeth Albertson Ron Harmon Tim Clark Deborah Ranniger f Jamie Danielson Les Thomas 4400ENT W A S H I N G T O N City Ierk"s office f KENT CITY COUNCIL AGENDAS KENT March 17, 2009 WASH IN GTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Permit Process Reform Program Kurt Hanson 50 minutes 2. Intergovernmental Issues Michelle Witham 10 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. Reagan Dunn - King County Update D. Public Safety Report E. Legislative Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. EMS Pre-hospital Participation Grant - Accept D. Uniform and Laundry Services Contract - Authorize E. Fieldstone Neighborhood Council Resolution - Adopt F. Aspect Consulting, Environmental Review for Landsburg Mine - Authorize Continued COUNCIL MEETING AGENDA CONTINUED G. Robert Bakemeier, Environmental Legal Services for Landsburg Mine - Authorize H. Kent Comprehensive Plan, Emergency Resolution - Adopt I. Kemp Investments Bill of Sale - Accept J. Cloud Short Plat Bill of Sale - Accept K. Safeguard Self Storage Phase IV Bill of Sale - Accept L. Tall Firs Cottages Bill of Sale - Accept M. Basic Life Support Services Contract with King County - Accept and Authorize N. Washington Association of Sheriffs and Police Chiefs Grant Award - Accept 7. OTHER BUSINESS None 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION 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. 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This growth has increased the City's population from 40,000 ten years ago to over 86,000 today. Acknowledging that the City could grow to over 100,000 in the near future has highlighted the importance of being as efficient as possible with City resources. Obviously, with the recent added residential population comes the increased demand for new commercial services and infrastructure. In January 2008 Mayor Cooke appointed a seven-member panel of representatives to reevaluate how we are conducting business related to development permits. The members of the panel come from various backgrounds that represent local business owners, architects, engineers, and resident's perspectives. • Permitting, Work Order & Asset Management Tracking System Replacement Mayor Cooke combined the Permit Process Improvement Initiative efforts with another project that was running concurrently in the City's Information Technology Department. The current permit tracking system, KIVA, is a critical software application to support all property, permitting, inspection, and business license tracking. The current system is a very complex, labor- intensive software application that was implemented in 1999. This application has been extensively customized to fit the City of Kent's unique work flow, resulting in unreasonable resource demands of IT systems support, inconsistent procedures for users, and insufficient responses to customer service demands. Furthermore, the software is no longer supported by the vender, so the system replacement has been identified as one of the highest work program priorities for the City. The software is used by six departments and fails to meet some business-critical and auditing requirements, optimum customer service needs, and necessary interfaces to other critical functions. These functions include Web/Public access, GIS, expanded IVR functionality, cashiering/auditing of fees, electronic plan submittal, enhanced reporting, and field access for inspectors. There are over 150 employees who use the system on a daily basis and on a yearly average over 5,500 permits are entered. The existing work-order and asset management system, Hansen, is also scheduled to be replaced and its business requirements will be considered as part of the new system procurement. The Hansen software is used by the Public Works Operations Department to track and manage all labor, equipment and materials that are attached to any City asset. Currently there are over 75 employees who use the system to manage over 100,000 assets. Potential use could be expanded to include the Parks Maintenance and Facilities Divisions. • Identify measurable process improvements for applicants and staff 1 The key measurement of success in our existing permit process is percentage of on-time permit review. Timeliness of permit review had been identified on a state-wide basis as a critical component of the economics of development. Subsequently, several new performance measures have been identified. These include consistency and yet flexibility of code applications, collaboration in development review, coordination of multijurisdictional and multifunctional mandates, and frequent communication with applicants. The permit process and performance measurements need to reflect these additional concerns. The City will take a look at measurements such as customer satisfaction, timeliness of responses as well as timeliness of permit review, percentage of permits issued within a designated time frame from application to issuance, number of resubmittals required, and other measures. Where We Have Been: • Summary of Business Process Improvement Effort - Mission & Goals Business Process Improvement (BPI) is a long established management analytical tool used to effect substantial improvements in large organizations with complex processes. Through the BPI process came a fundamental rethinking and radical redesign of the City's permit related business processes with the goal of achieving dramatic improvements in quality, timeliness and responsiveness in the delivery of services. At the onset of the Business Process Improvement effort staff identified over 200 separate and distinct permit types'. Every permit type within the City's system was reevaluated to look for possible efficiencies. By consolidating similar types of permits by work group or eliminating needless categories altogether staff was able to reduce the number of permit types to less than 100. This not only reduces the confusion for staff and the applicants but also reduces the amount of printed materials to be maintained in the Permit Center. With fewer permit types that need to be tracked in the new software it potentially also represents a savings in the new system design. • Team Activities - Permit Panel/Steering Team/Core Team Contributions The seven member Permit Panel met 14 times over the last year. Each member was asked to pull from their own experiences and professional backgrounds to compile a list of candidate changes they would like to see incorporated into the new process. Two staff teams were developed to work with the Permit Panel's recommendations; the Steering Team and the Core Team. The Core Team is the main work group that has been involved throughout the process evaluation. It consists of at least one staff person from every group in the City that works with permits or uses the tracking software. The Steering Team is made up of department directors and managers who meet when 1 necessary to consider major changes to process/programming proposed by the Core Team or Permit Panel. • Assessing the Best Business Practices of other Cities In addition to asking the Permit Panel and staff teams for their recommendations we looked to our neighboring cities for ideas. The Permit Panel pointed to five different cities that had aspects of their process that they wanted to see incorporated into Kent's new proposal. 1. Seattle 2. Shoreline 3. Redmond 4. Everett 5. Tacoma Seattle was indicated by the group as having an exceptional Pre-Application process that provides the applicants with accurate information related to the proposal. Shoreline was chosen as they introduce a Permit Coordinator' who follows the project from initial application through issuance. Similarly, Redmond assigns a single point of contact for the applicants' questions. Both Everett and Tacoma were highlighted as they allow informal exchanges of information between staff and the applicants to address design challenges. Select members of staff visited with their peers in each jurisdiction to research the different approaches and to find out from them how the process was perceived from their customers perspectives. Outcomes From Visioning w/Permit Panel: • Summary from Visioning Efforts - Issues Revealed By the fourth meeting of the Permit Panel they had developed their list of `Candidate Permit Changes'. The comprehensive 23-item list covered topics from initial application intake to final inspection. Working with the Steering Team, the Permit Panel narrowed the list into five separate categories within the permit process. 1. Pre-Applications (the initial stage of a permit) 2. Permit Center Intake and Completeness 3. Review (includes: initial, resubmittal, and approval stages) 4. Construction (includes: administration and implementation) 5. Code Interpretations/Other Misc. • Three Major Themes Considering the positive aspects of the other cities processes' that the Permit Panel highlighted and their compiled list of candidate changes, the Steering Team identified three major themes to their recommendations. 1. Communication 2. Flexibility 3. Predictability I • Process Options - Traditional vs. Kent-SMART As staff took a detailed look at the existing permit process, they identified several ideas for process improvements that were implemented simply and quickly. These improvements are intended to reduce timelines on major development review by about 30 days. Ultimately staff recommended two major process options -- Traditional and SMART -- that address the Permit Panel concerns and result in significant process improvements. Both processes include the earlier improvements that were well received by the development community, and adopt simplified pre-application submittal requirements. The Traditional process option includes the earlier improvements and also provides for additional vesting opportunities in the form of a new site plan application and making the pre-application meeting optional. Furthermore, the Traditional process option consolidates City review comments into one document, to clarify when the City can accept resubmittals. The Traditional process option will likely be used by those applicants who are concerned about project vesting, who are comfortable with the existing process, and who have no need for phasing their project. The SMART option provides the applicant with broad process flexibility and an active project manager to oversee City review activities. This option allows phased submittals, includes a site plan review vesting opportunity, and a permit review timeline that is mutually driven by the applicant and staff. Communication among the applicant and City teams holds both accountable for a collaborative approach to project approvals. A memorandum of understanding between the City and applicant regarding timing of review elements and phasing of applications is used to document the tailored approach and provide process predictability, Kent-SMART Details The key components of the SMART process are: o Upfront (pre-application meeting) identification of key issues, requests for code alternatives, phasing of submittals, and time frames for responses and reviews o Assignment of a Project Manager and a project team o Documentation of issues (Issues Matrix) o Documentation of management decisions (Technical Review Decisions) o Frequent and informal communication o Accountability and predictability via a Memorandum of Understanding and Project Checklist Other Improvements/Accomplishments The staff also identified and quickly implemented process improvements that reduced time-to-issuance of minor permits for tenant improvements, simple grade & fill projects, commercial HVAC, boilers, hood & duct systems, residential repairs, decks, & manufactured mobile homes. Implementation of a simple Civil Construction approval is anticipated in April, 2009. f • Necessary Policy/Ordinance Changes Ultimately it will be helpful to amend development regulations to clarify the new processes. However, the process improvements appear to be within the parameters of existing code. Consideration of fee adjustments for applications and resubmittals can be included in a comprehensive analysis of the City's fee schedule. • Training Plan & Schedule- Staff/Public The Core Team instituted two training opportunities. Three sessions of a process improvement orientation occurred in February, 2009. A more detailed training session is scheduled for mid-March. The more detailed session includes a work session utilizing the tools of the SMART process, i.e., Memorandum of Understanding, Project Checklist, Technical Review Decisions, and Issues Matrix. Additionally, staff will perform a soft rollout of the new processes in April, 2009, to be able to incorporate last-minute amendments before updating forms, creating brochures, and finalizing the new processes. Getting The Word Out: • Professional Associations The Steering Team will reach out to the Master Builders Association, Kent Chamber of Commerce • Media Outlets Press releases on the process improvements for minor permits as well as the roll-out of the SMART process will occur in March and April of 2009. • Brochures Ultimately staff will create informational brochures and highlight the processes on the City's web site. Next Phase: • Performance Measures Identify the methodology of how process and service improvements are measured. Continued Monitoring from Staff and Public • Fee Structure Review • Continue to Gather Business Requirements for Permit Tracking System Replacement Project; Software Acquisition and Implementation. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION FcShyeLQ �- B) COMMUNIsTY EVENTS C) REAGAN DUNN - KING COUN UPDATE _ Cam" j,�L�Y►.er,•.� ia�ry �� i 9�, ``` S t c:s-v-�-£en— _ wv UU D) PUBLIC SAFETY REPORT !e`lQes -7P E) LEGISLATIVE REPORT — � Mei �hi)(Acod G� 9 �D G� Kent City Council Meeting Date March 17, 2009 ' Item No. 6A - 6B ' CONSENT CALENDAR 6. City Council Action: Councilmember � � moves, Councilmember seconds to approve Consent Calendar Items A through N. Discussion C Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of March 3, 2009. 6B. Avorovall of Bills. Approval of payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on March 3, 2009. Approval of checks issued for vouchers: Date Check Numbers Amount ' 2/15/09 Wire Transfers 3602-3619 $2,010,248.81 2/15/09 Regular Checks 629346-629743 1,853,011.40 Void Checks (11,600.00) Use Tax Payable 11,005.31 $3,862,665.52 Approval of checks issued for payroll for February 16 and paid on February 20, 2009: Date Check Numbers Amount ' 2/20/09 Checks 310126-310376 $ 190,138.06 2/20/09 Advices 244214-244985 1559,479.24 $1,749,617.30 1 r �- KENT Kent City Council Meeting WASHINGTON March 3, 2009 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, and Thomas. Council President Raplee was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council President Pro Tern Clark added Consent Calendar Item P. Mayor Cooke announced a correction to Consent Calendar Item M. CAO Hodgson removed Executive Session Items A and B from the agenda. B. From the Public. (CFN-198) There were no changes from the public. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for public recognition. B. Community Events. (CFN-198) Ranniger announced Kent Kids Arts Day on March 7, the Kent Student Arts Exhibit Art Walk from March 9 through 20, and the Opening Reception in the Centennial Center Gallery on March 13. C. City Historian. (CFN-198) Mayor Cooke gave a brief outline of City Historians through the years, and introduced Jack Becvar. She presented Mr. Becvar with a Certificate of Appointment as City Historian. Becvar thanked her for the honor and said that history is being made every day, and it should be recorded for those who follow behind us. D. 2009 Community Arts Support Funding Recipients Presentation. (CFN-118) Ronda Billerbeck of the City's Cultural Programs introduced representatives from three of the six recipients of the 2009 Community Arts Support Funding: Rainier Chorale, Rainier Youth Choirs, and Kent Adaptive Recreation Programs. The other three recipients are Kent Meridian High School Literary Magazine, Kent Senior Activity Center, and ICON Theater. E. Introduction of Appointees. (CFN-198) Mayor Cooke announced re-appointees to the Drinking Driver Task Force Becky Hanks, Mary Lou Becvar and Gina Beretta, and re-appointees to the Bicycle Advisory Board Mel Roberts, Bill Miller and Dr. Samuel Hartt, and introduced those in attendance. F. Employee of the Month. (CFN-147) Mayor Cooke announced that Steve Vaught of the Information Technology Department has been selected as Employee of the Month by his peers. IT Director Mike Carrington said that Steve is dedicated to the City and to his job and responsibilities in both the print shop and cable tv, that he is very reliable, and always has a cheerful and positive attitude. He added that Steve has accomplished a great deal in the time he has been with the City, and exemplifies all of the City's values through his actions. Mayor Cooke then presented Vaught with the Employee of the Month plaque. 1 Kent City Council Minutes March 3, 2009 G. Legislative Report. (CFN-198) Michelle Witham, Public Affairs, updated the Council on the status of various Federal, state and local issues affecting Kent, including the street utility, Safe Havens, levee repairs, casinos, prostitution, and the widening of East Valley Highway between SR 167 and S.E. 212tn CONSENT CALENDAR Clark moved to approve Consent Calendar Items A through P, including the correction to Item M. Ranniger seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of February 17, 2009, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through January 15 and paid on January 15 after auditing by the Operations Committee on February 3, 2009 was approved. Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/09 Wire Transfers 3563-3584 $5,166,950.42 1/15/09 Regular Checks 628414-628926 3,241,751.08 Use Tax Payable 5,747.43 $8,414,448.93 Payment of the bills received through January 31 and paid on January 31 after 1 auditing by the Operations Committee on February 17, 2009, was approved. Checks issued for vouchers were approved: 1 Date Check Numbers Amount 1/31/09 Wire Transfers 3585-3601 $ 5,456,299.05 1/31/09 Regular Checks 628927-629345 4,669,760.81 Void Checks -18,197.94 Use Tax Payable 9,867.17 $10,117,729.09 Checks issued for payroll for January 16 through January 31 and paid on February 5, 2009, were approved: Date Check Numbers Amount 2/5/09 Checks 309877-310124 $ 190,209.46 2/5/09 Advices 243441-244213 1575,423.88 $1,765,633.34 C. Chamber of Commerce Agreement. (CFN-1170) The Mayor was authorized to sign the 2009 agreement with Kent Chamber of Commerce to highlight tourism opportunities at Kent lodging facilities and to promote Kent as a site for corporate meetings and events in the amount of $18,500, subject to final agreement terms and conditions acceptable to the City Attorney. 2 Kent City Council Minutes March 3, 2009 D. Green River Community College Small Business Assistance Center Agreement. (CFN-825) The Mayor was authorized to sign the 2009 agreement with Green River Community College's Small Business Assistance Program to provide Kent residents and individuals one-on-one counseling and classes in Small Business Management, in the amount of $21,102, subject to final agreement terms and con- ditions acceptable to the City Attorney. E. King County Reciprocal Permit Agreements Regarding Parking. (CFN-1305) The Mayor was authorized to sign reciprocal parking agreements between the City and King County for ShoWare Center and the King County James Street Park and Ride. F. City of Tukwila Homelessness Coordination Grant. (CFN-118) The City of Tukwila Grant for $5,000 to continue coordination efforts in ending homelessness in South King County was accepted, and the expenditure of these funds in the Housing and Human Services budget was approved. G. 2008 Consolidated Annual Performance Evaluation Report (CAPER). (CFN-118) The Mayor was authorized to submit the 2008 Consolidated Annual Performance and Evaluation Report to the Department of Housing and Urban Development. The report includes information on how CDBG funds were used to further the goals and strategies of the Consolidated Plan, as well as other activities executed by the City. The report is required by HUD annually and must be submitted by March 31st of each year. H. Federal Department of ,justice Grant Application for Safe Havens Program. (CFN-118) The Mayor was authorized to sign the grant application with the Federal Department of Justice for $175,000 to support the Safe Havens Visitation and Exchange Center. I. Consolidated Food Services Agreement for Senior Center. (CFN-118) The Mayor was authorized to sign the Consolidated Food Management agreement for lunch service at the Kent Senior Activity Center. J. Community Development Block Grant Five-Year Plan. (CFN-493) The updated Parks Community Development Block Grant Five Year Plan was adopted. The City's previous plan covered the years 2002-2006 and has been updated in order to take advantage of potential economic stimulus funding if it becomes available through the block grant program. The updated plan establishes which neighborhood parks qualify for block grant funds and lists projects within qualifying parks that are currently included in the capital facilities plan. Two of the projects listed in the plan are designated economic stimulus projects. K. Washington State Department of Community, Trade and Economic Development Reimbursable Grant Agreement for Clark Lake Park. (CFN-118) The Washington State Department of Community, Trade and Economic Development Grant of $492,500 to support land acquisition at Clark Lake Park, and reimburse the Land Acquisition Budget was accepted. 3 Kent City Council Minutes March 3, 2009 L. Barghausen Branch Office Remodel Bill of Sale. (CFN-484) The Bill of Sale for Barghausen Branch Office Remodel for 3 gate valves, 1 hydrant, and 74 linear feet of watermains was accepted. M. Lodging Tax Advisory Committee Appointment. (CFN-1170) Re-appointment of Jacquie Alexander to the Lodging Tax Advisory Committee was confirmed. She will continue representing persons working in activities funded by the lodging tax, and her term will expire on December 31, 2011. Mayor Cooke had pointed out earlier in the meeting that this appointment is not made by the Mayor, and that it has gone through the Operations Committee. N. Drinkina Driver Task Force Appointments. (CFN-122) The Mayor's re- 1 appointment of Becky Hanks, Gina Beretta and Mary Lou Becvar to the Kent Drinking Driving Task Force was confirmed. Their terms will expire January 1, 2012. O. Bicycle Advisory Board Appointment. (CFN-997) The Mayor's re-appointment of Mel Roberts, Bill Miller and Dr. Samuel Hartt to the Kent Bicycle Advisory Board was confirmed. Their terms will expire on December 31, 2010. (ADDED ITEM) P. Excused Absence. (CFN-198) An excused absence from tonight's meeting for Council President Raplee was approved. BIDS A. Pedestrian Sidewalk Improvements: Schedule A: Military Rd./S. 268t" St. and Schedule B: SE 2481" St./101st Pl. (CFN-1038) The bid opening was held on February 24, 2009, with fifteen bids received. The low bid was submitted by Sanders General Construction in the amount of $87,690. The Engineer's estimate was $153,431. Public Works Director Blanchard noted that this project is grant funded through the state, and recommended award to the low bidder. Ranniger moved to award the contract for the Pedestrian Sidewalk Improvements Schedule A: Military Road/S. 268t" Street, and Schedule B: SE 2481" St./101st Place, to Sanders General Construction in the amount of $87,690. Harmon seconded and the motion carried. 4 l Clark stated that some problems are being faced due to shortfalls which occurred because contracts on water which the city was supposed to sell to other cities fell i through, and that some maintenance projects must be done in order to retain per- mits. Blanchard noted that this issue will be discussed with Council later this month. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke announced that she toured the light rail line along Highway 99 with the South County Area Transportation Board (SCATBd), and that she has been in Olympia regarding funding for levees and transportation. She also announced that the Washington State Transportation Commission will meet in Kent for the first time on April 21, and that there may be a tour for the commissioners preceding their meeting on Monday afternoon, April 20. 4 Kent City Council Minutes March 3, 2009 C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger announced a new volunteer event called Community Pride Day which involves cleaning up graffiti. She noted that it will begin at 8:00 a.m. on Saturday, March 21, at Town Square Plaza, and invited interested persons to contact a service club or the City. Danielson added that the Human Services Commission will be meeting to review and revise goals and funding allocations. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that the next meeting will be held on March 9, with a report on transportation plans from the Puget Sound Regional Council (PSRC). She added that the Weed and Seed Committee is accepting applications for Board members. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be at 5:00 p.m. on Tuesday, March 10. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) Hodgson reminded Councilmembers of their retreat on Friday and Saturday, and noted that the subject of the March 17 workshop will be the permit process reform program. ADJOURNMENT The meeting adjourned at 8:00 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6C 1. SUBJECT: EMS PRE-HOSPITAL PARTICIPATION GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the EMS Pre-hospital Participation Grant in the amount of $1,650 from the State of Washington Department of Health, Office of Emergency Medical and Trauma Prevention. These monies are provided through the Trauma Care Fund to assist the agency with meeting requirements to provide trauma care services to the public as a verified EMS and Trauma Pre-hospital service. The monies will be used to purchase a suction unit with battery and charger. 1 3. EXHIBITS: None 4. RECOMMENDED BY: Public Safety Committee 3/10/09 (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 I DISCUSSION: ACTION: Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6D ' 1. SUBJECT: UNIFORM AND LAUNDRY SERVICES CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to execute a contract with Cintas Corp. for uniform and laundry services for a three-year period for a total of $382,066.64. tThe committee composed of members of the Finance Department, Parks Department, Public Works Department and the Teamsters Union reviewed the 1 responses to the Request for Proposals and recommended the low bid meeting specifications of Cintas Corp. The proposal from Cintas, our current vendor, represents a reduction of approximately 10% from the current pricing. 3. EXHIBITS: Memo to Operations 4. RECOMMENDED BY: Operations Committee 3/3/09 (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: To: Bob Nachlinger From: Patty Roseto - Finance Department Tom Vetsch - Finance Department Kristen Lykken - Parks Department Jennifer Bretzer - Parks Department Bill Thomas - Public Works Department Paul Johnson - Teamsters Mike Brundage - Teamsters Date: February 20, 2009 Recommendation: We unanimously recommend the City of Kent enter into a three year agreement, commencing on the date of execution, with Cintas Corporation for the Rental and Laundering of Uniforms and Linens for approximately 180 employees and twelve (12) facilities. Upon mutual written consent, the contract may be extended on a month to month basis for an additional one year period. During the extension period, all terms and conditions of the existing contract shall remain in effect except those amended for the extension period. The total duration of the contract, including any additional periods, shall not exceed four (4) years. Financial Analysis: The Uniform and Linen contract is valued at approximately $380,000 to $400,000 over a period of three (3) years. This represents approximately a ten percent (10%) reduction from our current contract. Three companies responded to our RFP. They are listed below along with their respective bid. The bids are based on their proposed unit cost and our estimated quantities. It should be noted that the cost of the proposals can change based on the current number of employees covered by the contract and changes in garment selection by employees. • Cintas $382,066.64 • G & K $393,759.94 • UniFirst $504,623.21 A detailed analysis of how the total cost of each proposal was calculated is attached. During this process we also examined the possibility of an all rental-garment or an all purchased-garment contract. In the end we chose to continue with a contract that included both rental and purchased garments. The all rental contract was rejected on cost alone. This would have raised our costs over $100,000. The all purchased garment proposal was ultimately rejected because of the hidden costs. These costs included laundry charges as well as the maintaining of our own laundry inventory. Process: The Finance Department advertised for a Uniform and Linen vendor through the Request for Proposal (RFP) process. a i A committee was formed which included representatives from Finance, Public Works, Parks and the Teamsters Union. The committee determined the objectives and requirements for the process which included the following: • The RFP met the requirements of the Union contract with the City. • Vendor met the requirements outlined in the RFP. • Evaluated vendor pricing and any additional costs over the life of the contract. • Reviewed the vendor's proposals, products and ability to deliver required services. Conclusion We strongly recommend Cintas Corporation as our Linen and Uniform vendor for the following reasons: 1. Based on current quantities, Cintas is the lowest bidder. 2. We may be able to reduce costs during the trade out process because Cintas, who is our current vendor, already has much of the sizing information readily available. 3. Any on-hand inventory will be rolled over. 4. Reduction in setup fees since we are currently using Cintas. 5. The quality of merchandise provided by Cintas meets our requirements. 6. The service provided by Cintas meets our requirements. i I Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6E 1. SUBJECT: FIELDSTONE NEIGHBORHOOD COUNCIL RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. recognizing the Fieldstone Neighborhood Council, support its community building efforts, and confer on it all opportunities offered by the City's Neighborhood Program. The City's Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. In order to further that objective, the program encourages organization of neighborhood councils. These councils serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing partnerships between City government and the neighborhoods they serve. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Planning and Economic Development Committee (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: RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, recognizing the Fieldstone Neighborhood Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Fieldstone neighborhood is diverse and consists of approximately 59 housing units. The southern boundary of the Fieldstone neighborhood is South 2401h Street, and it includes to the north homes adjacent to 126th Place Southeast; 127th Court Southeast; Southeast 237th Place; and 127th Place Southeast, as depicted in the map attached and incorporated as Exhibit A. On January 31, 2009, the Fieldstone 1 Fieldstone Neighborhood Council neighborhood completed and turned in an official registration form requesting that the City recognize the Fieldstone Neighborhood Council, allowing it to take advantage of all the opportunities offered by the City's Neighborhood Program, including the City's grant matching program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: , RESOLUTION SECTION 1. - Recognition of Neighborhood Council. - The City Council for the City of Kent hereby acknowledges the effort and commitment of the Fieldstone neighborhood and all those who participated in forming the Fieldstone Neighborhood Council. The Kent City Council hereby recognizes Fieldstone as an official Neighborhood Council of the City of Kent, supports Fieldstone community building efforts, and confers on the Fieldstone Neighborhood Council all opportunities offered by the City's ' Neighborhood Program. SECTION 2. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 2 Fieldstone Neighborhood Council SECTION 4. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of March, 2009. CONCURRED in by the Mayor of the City of Kent this day of March, 2009. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of March, 2009. BRENDA JACOBER, CITY CLERK P:\Civil\Resolution\NeighborhoodCouna I-Fieldstone.docx 3 Fieldstone Neighborhood Council March 9, 2009 PEDC Meeting ATTACHMENT A 17 Note:Property Lines Shown Are Approximate 4- 041 Rill g Ir I ?,w 4' > YI 43 'g W A 7 7", �V PP-,0 -7777&.1.) It 7777 j 'o Fieldstone Neighborhood Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6F 1. SUBJECT: ASPECT CONSULTING, ENVIRONMENTAL REVIEW FOR LANDSBURG MINE - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Aspect Consulting for environmental review and analysis related to the Landsburg Mine site, the cost of such services to be within available budgets. The Landsburg Mine site is currently being addressed by the state's Department of Ecology and its Toxics Cleanup Program. Because the City is concerned about the potential environmental impacts of the site on the City's Clark Springs water source, the City Attorney would like to retain the services of Aspect Consulting to conduct an objective review of action taken to date by the Department of Ecology, and to provide overall guidance to the City during the development of Ecology's Clean-up Action Plan. Because the work is difficult to predict, the City Attorney requests Council provide authorization to those amounts within established budgets. The City Attorney currently anticipates that Aspect Consulting's initial review is not expected to exceed $48,617, though additional services may be needed. The City will pay for Aspect Consulting's fees from the water utility fund, which will not result in an impact to the City's general fund. 3. EXHIBITS: Contract and Scope of Work 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: • KENT WA5 HI NGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Aspect Consulting, L.L.C. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Aspect Consulting, L.L.C. organized under the laws of the State of Washington, located and doing business at 401 Second Avenue S., Suite 201, Seattle, Washington 98104, Phone: (206) 328-7443/Fax: (206) 838-5853, Contact: Steve Germiat (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide technical support regarding cleanup of the Landsburg Mine Site. For a description, see the Consultant's February 20, 2009, Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Eight Thousand, Six Hundred Seventeen Dollars ($48,617.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: j A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. ! B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible i for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to a the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written , consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Steve Germiat Larry R. Blanchard Aspect Consulting, L.L.C. City of Kent 401 Second Avenue S., Suite 201 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 328-7443 (telephone) (253) 856-5500 (telephone) (206) 838-5853 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Aspect Consulting-Lanclsburg Mme/Mactutis CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; i The questions are as follows: { 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: V Date: I EEO COMPLIANCE DOCUMENTS - 1 { i CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i t SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: I 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 r CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT r This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the I (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. r Dated this day of , 200 By: For: Title: Date: i r r r EEO COMPLIANCE DOCUMENTS - 3 % Aspectconsulting e art h +water February 20,2009 Mr. Tom Brubaker City Attorney City of Kent Law Department 220 Fourth Ave South Kent, Washington 98032-5895 Re: Proposal for Technical Support Regarding Landsburg Mine Site Project No. 090015-999 Dear Mr. Brubaker: We are pleased to present our proposal to provide technical support regarding cleanup of the Landsburg Mine Site(Site) and its potential to impact the City of Kent's Clark Springs water source and surrounding water resources. Our role is to support the City of Kent(City)with objective technical and regulatory consultation as the Site proceeds in the MTCA cleanup process. Our scope of work, schedule, and associated cost estimate are based on discussions with City staff. Scope of Work Our scope of work is divided into five tasks, as outlined below. Task 1 — Peer Review of Project History and Status The first task involves reviewing the full documentation of the Site history and current status, along with specifications of the Clark Springs water supply system. As part of this, we will do a review of Ecology files for the site, and have them make copies of pertinent documents as needed. We will evaluate the appropriateness of the existing Site characterization, RI/FS, supplemental investigations, and the existing Site conceptual model. We will also evaluate the draft Cleanup Action Plan in terms of protectiveness and consistency with MTCA. Our analysis will consider the Site's potential to impact the City's water supply and surrounding water resources. We anticipate one meeting with the City near the end of this task to discuss our findings. Planning-level cost estimates for filling any identified key data gaps would be provided as needed. A written deliverable will be produced to document our review, findings, and recommendations, if requested by the City. Task 2— Consultation Regarding Proposed Travel Time Modeling We will provide technical consultation regarding groundwater modeling issues with the goal of reducing uncertainty regarding the potential risks to the City's water supply posed by the Site. This will include assisting with a response to Ecology's existing offer to model groundwater travel times to help assess the appropriate groundwater monitoring frequency. The response will need to justify and clearly present the questions the model is intended to address, and conclude whether groundwater modeling is an appropriate and useful tool to apply as part of 401 Second Avenue S,Suite 201 Seattle,WA 98104 Tel:(206)328-7443 Fax:(206)838-5853 www.aspectconsulting.com a limited habdity company i City of Kent February 20, 2009 Project No. 090015-999 defining the Site remedy at this Site. This task assumes we would provide technical review of modeling work conducted by others(anticipated to be PLPs). Assuming the modeling evaluation proceeds, we will provide review and recommendations regarding the modeling information developed. For the purposes of this proposal, we assume 3 technical meetings with the PLPs' consultant, Golder, who would presumably conduct the modeling effort. We anticipate that representatives from Ecology and the City would also attend these meetings. During these meetings,we anticipate that we would identify key data gaps and key assumptions and recommend modeling techniques that we feel best simulate the complexity of the Site. We assume we will also have follow-up meetings with the City to discuss the outcome of the technical meetings. Task 3— Evaluating Potential Impact to Clark Springs This task includes developing an independent groundwater evaluation to address risks to the Clark Springs water supply if Site contamination were to enter the outwash aquifer system the Springs withdraw from. Specifically, if approved by the City,this evaluation would explore the required source strength, assumed from the south portal, to result in detectable concentrations of the potential contaminants of concern in discharge from the Clark Springs water source. We assume one meeting with the City to discuss the results and implications. Task 4— On-call Support for Landsburg Mine Site This project is anticipated to require periodic review of future documents and other consultation at the request of the City. The results of our review and consultation will be communicated as requested by the City. For the purposes of this proposal,we have assumed the communications would include 6 conference calls, 3 technical meetings with the PLPs' consultant and/or Ecology, and 3 internal meetings with the City. Task 5— Project Coordination This task provides for initial and ongoing project coordination with our internal project team and the City. Throughout the project,we will also maintain regular communications with you regarding project status, resolution of questions, or other issues that may arise. Schedule We are prepared to proceed with this project as soon as we receive the signed contract. We expect to be able to meet with you to discuss the findings from our peer review within three weeks of contract authorization(Task 1). Schedule for the other tasks is less certain at this time, but we would initiate review of the modeling information(Task 2)as soon as it is available following contract authorization. Page 2 City of Kent February 20,2009 Project No. 090015-999 Estimated Cost Our estimated cost to complete the scope of work described above is $48,617. The estimated cost breakdown by task is as follows: Task Cost Task 1 —Peer Review of Project History and Status $12,296 Task 2—Consultation re: Proposed Travel Time $13,292 Modeling Task 3 -Evaluating Potential Impact to Clark Springs $4,538 Task 4 - On-call Support for Landsburg Mine Site $14,480 Task 5 - Project Coordination $4,011 Total $48,617 The work will be billed on a time and materials basis in accordance with the attached schedule of charges. If the need arises, additional work orders under this project may be requested. We appreciate the opportunity to be involved in this project. Please contact me at 206-838- 5830 if you have questions regarding this proposal. Sincerely, Aspect consulting Steve Germiat,LHG,CGWP Senior Associate Hydrogeologist sgermiat@aspectconsulting.com Attachments: Aspect Consulting, LLC Schedule of Charges S\City of Kent\Landsburg Support\Contracts\Proposal Matenal\Proposal-Landsburg Mine 2-19-09.doc Page 3 I Effective February 2009 ASPECT CONSULTING,LLC SCHEDULE OF CHARGES Unless otherwise stated in the proposal or services agreement, current rates are as follows: Personnel Charges—Engineers and Scientists Principal................................................................................. $165.00 to $173.00/hour Sr. Consultant........................................................................ $155.00/hour Sr. Associate.......................................................................... $150.00/hour Associate ............................................................................... $140.00/hour Senior..................................................................................... $125.00/hour Sr. Project.............................................................................. $113.00/hour Project.................................................................................... $103.00/hour Sr. Staff.................................................................................... $89.00/hour Staff........................................................................................ $78.00/hour Legal Testimony(4-hour minimum)..................................... $250.00/hour Other Personnel and Disbursement Charges Sr. GIS/CAD Specialist........................................................... $89.00/hour GIS/CAD Specialist................................................................. $78.00/hour Project Assistant..................................................................... $65.00/hour 1 Four-wheel Drive Field Vehicle............................................$90.00/day (w/up to 100 miles) Y Mileage.................................................................federal gov't rate plus 15% Subcontractors and Miscellaneous Expenses..........................cost plus 15% Reproduction(in house)..........................................................$0.15/sheet Reproduction(out of house)....................................................cost plus 15% Other equipment rental and expenses will be provided on a per job basis. l I 401 Second Avenue S,Suite 201 Seattle,WA 98104 Tel:(206)328-7443 Fax:(206)838-5853 www.aspecteonsulting.com a limited liability company Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6G 1. SUBJECT: ROBERT BAKEMEIER, ENVIRONMENTAL LEGAL SERVICES FOR LANDSBURG MINE - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an engagement letter with attorney Robert Bakemeier for environmental legal services related to the Landsburg Mine site, the cost of such services to be within available budgets. The Landsburg Mine site is currently being addressed by the state's Department of Ecology and its Toxics Cleanup Program. Because the City is concerned about the potential environmental impacts of the site on the City's Clark Springs water source, the City Attorney would like to retain the services of attorney Robert Bakemeier to assist the City and monitor the Department of Ecology's efforts to require those responsible for the contamination in the mine to clean up the site. The original motion before the Public Works Committee sought authorization up to $50,000. However, because the work is difficult to predict, the City Attorney requests Council extend that authorization to those amounts within established budgets. The City will pay for Mr. Bakemeier's fees from the water utility fund, which will not result in an impact to the City's general fund. 3. EXHIBITS: Engagement letter from Attorney Robert Bakemeier, dated 2/15/09 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: C ' BAKEMEIER, P.C. I j ROBERT F. BAKEMEIER Lxw OFFIUF TELEPHONE: 206-230-0600 7683 SE 27TH ST., SUITE 464 A PROFFSSIOI,AL CORPORATIOAT FACSIMILE: 206-230-0602 MERCER ISLAND,WA 98040 EMAIL: RFB@RFBLAW,COM February 15, 2009 Tom Brubaker City Attorney City of Kent Law Department 220 Fourth Avenue South 1 Kent, Washington 98032-5895 j Susan Jensen Assistant City Attorney E City of Kent { Law Department 220 Fourth Avenue South Kent, Washington 98032-5895 Re: City ofKent's Engagement ofBakemeier, P.C. E3 Landsburg Mine Site—Ravensdale, Washington Dear Tom and Susan: This letter shall confirm the terms and circumstances of the City of Kent's (the "City's)engagement of Bakemeier, P.C. as of January 13, 2009, to provide legal advice regarding environmental matters pertaining to the Landsburg Mine Site in Ravensdale, Washington, I appreciate your selecting me to assist you with this matter, and I look forward to working with you and your colleagues. The Landsburg Mine Site (the "Site") is currently being addressed by Washington j State's Department of Ecology and its Toxics Cleanup Program. The "potentially liable parties" ("PLPs")identified for the Site are Palmer Coking Coal Company,Plum Creek Timber Company, L.P., Philip Services Corporation, Browning Ferris Industries, Burlington Northern and Santa Fe Railway Company,PACCAR, Time Oil Company, and i Tom Brubaker Susan Jensen February 15, 2009 Page 2 Allied Waste Industries.' Bakemeier, P.C. does not, and has not, an represented of those p Y entities. While the City is not a Site PLP, the City is concerned about the potential environmental impacts of the Site, and the anticipated Site cleanup, upon the City's nearby water supply source known as Clark Springs. Bakemeier, P.C.—General Information. As you know,I am a solo practitioner, supported by an assistant(Charlene Finnelly)who has worked with me for over twenty years. My hourly rate(discussed below) is significantly lower than the rates charged by my peers practicing environmental law at large Seattle law firms---in many cases nearly $200 per hour less. As an experienced solo lawyer with reduced "overhead" expense, I believe that I can very effectively and efficiently serve my clients regarding environmental matters. Engagement of Others to Assist with this Matter. When appropriate, I frequently collaborate with other firms, lawyers, experts, and consultants to provide clients with additional capabilities in addressing their representation. For example,we anticipate that the City will be retaining a technical consultant(s) to assist with hydrogeology,remediation, and mining analyses and issues. And, based upon our very preliminary discussions, it appears it might be appropriate at some point in time to enlist other lawyers to provide the City with assistance regarding condemnation, real estate, insurance recovery, and/or additional litigation capabilities pertinent to the Site, depending upon how this matter evolves. Of course, any such efforts involving the City will only occur with advance consultation and your specific approval. Staffing; Fee Arrangement; Monthly Invoices. I will have responsibility for the representation of the City in the Landsburg Mine Site matter described above. My current billing rate is $325 per hour. That rate is subject to periodic adjustment, on an annual and mutally acceptable basisas of January Vt of each year. Services performed after the effective date of the new rates will be charged at the new rates. Bakemeier, P.C. does not charge for"secretarial" services, but if particular projects of a "paralegal"nature involve my assistant, her current billing rate is $75 per hour for such projects. Services, if any, provided by other law firms, experts, or consultants will be billed directly by those entities to the City for payment by the City. Our fees and disbursement practices are more fully described in the enclosed statement of billing practices and procedures. I understand r Ecology may not have formally determined Allied Waste Industries to be a Site PLP, but my preliminary review of Ecology's Site file revealed a reference indicating that entity's potential relationship to the Site. Tom Brubaker Susan Jensen February 15, 2009 Page 3 that all billingstatements and invoices should be submitted to Tom Brubaker, City tY Attorney,on a monthly basis. Enclosed is an extra original of letter for our file. Please return one signed Y g original to me at your earliest convenience. Thank you. Again, I appreciate your involving me in this project. Very truly yours, Robert . Bakemei Enclosure The Cityof Kent hereby consents to the representation as described above in the letter Y p from Bakemeier,P.C. dated February 15, 2009. By: Name: Title: Date: BAKEMEIER P.C. 7683 S.E.27th Street, Suite 464 Mercer Island, Washington 98040 , Telephone: 206-230-0600 Facsimile: 206-230-0602 Email: rfb@rfblaw.com TAX I.D.NUMBER. 91-1978164 Disbursements and Other Charges In the course of performing legal services for the City of Kent(the"City"), it may be necessary to make payments to third parties for various services. Examples include messenger and courier charges, filing and recording fees,court reporters and transcription costs,expert and other witness fees,charges for outside consultants and research services,and travel expenses. The City is responsible for these third-party charges, and such invoices will ordinarily be directed to the City for payment by the City. However,for administrative ease,Bakemeier,P.C.may advance payment to the third-party provider and include the charge on our invoice to you,with no markup for handling. We will also charge you for certain internal services that we provide in connection with our legal services. Specific internal costs are currently charged at the following rates,and are subject to change without notice: 1. Photocopying,Printing and Facsimile. Clients are charged twelve cents per page for laser printing and photocopying accomplished by our office personnel. Where appropriate and cost-effective, photocopying may be accomplished by an outside copying service and will be charged at the vendor's actual rates to us. There is no charge for facsimiles sent or received,other than any long-distance telephone charges. 2. Computer Research. Clients are charged for computer-assisted research on outside sources at the vendor's actual rates to us. 3. Telecommunications. We do not charge for local calls or for any electronic mail communications. Long-distance calls are charged at the carrier's tariff for direct-dial calls,plus applicable taxes. 4. Mail. Mailings, packages, overnight express,and special postal services are charged at our actual _ cost. J• 5. "Paralegal"Services. We do not charge for routine secretarial and support activities. However, for services and projects that are"paralegal"in nature,we do currently charge$75 per hour. 6. Overtime. Clients are charged for staff overtime,meals and transportation only when(a)the client specifically requests after-hours effort or(b)the nature of the work necessitates overtime,and such work could not have been done during normal work hours. Mileage,Travel,and Business Meals. Clients are charged for mileage traveled on client business,utilizing , mileage reimbursement rates established by government and other entities(the current rate is 55 cents per mile,and is subject to change without notice). Other travel expenses and business meals are charged to clients per the actual costs incurred. In addition,we add a late payment charge of 12%per annum(or such lower rate as required by applicable law)to account balances not paid within thirty days of the invoice date. If we are required to take any action to collect fees or disbursements due us,we will also be entitled to recover the reasonable value of our attorneys'fees other costs of collection. cremt Informadon doe Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6H 1. SUBJECT: KENT COMPREHENSIVE PLAN, EMERGENCY RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. regarding an amendment to the Surface Water Design Manual included within the Capital Facilities Element of the City's Comprehensive Plan and declaring an emergency to adopt the amendment. The City limits amendments to the Comprehensive Plan to once each year except when certain circumstances arise, such as emergency amendments. Staff is working toward completing an update to the Surface Water Design Manual for Council approval in July 2009. At this time, a substantial revision of the manual is underway to meet the Federal Clean Water Act requirements set forth in the National Pollutant Discharge Elimination System (NPDES) Phase II permit issued by the Washington Department of Ecology. The updated stormwater manual will address stormwater management requirements, water quality protection, and habitat improvements. Consideration of an amendment to the Capital Facilities Element related to the adoption of this Manual involves issues of community wide-significance that promote the public health, safety, and general welfare of the City of Kent, which constitutes an emergency authorizing a comprehensive plan amendment outside of the annual amendment process 3. EXHIBITS: Resolution and Public Works Committee Memo dated 2/20/09 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 11 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KEN T Phone: 253-856-5500 WASHINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 1 Date: February 20, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: March 2, 2009 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Emergency Resolution to the Kent Comprehensive Plan MOTION: Recommend authorization for the Mayor to sign the Emergency Resolution to amend the City of Kent Comprehensive Plan for the Surface Water Design Manual subject to the terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent staff is working toward completing an update to the Surface Water Design Manual for Council Approval in July 2009. At this time, a substantial revision of the manual is underway to meet the Federal Clean Water Act requirements set forth in the National Pollutant Discharge Elimination System (NPDES) Phase II permit issued by the Washington Department of Ecology. The updated stormwater manual will address stormwater management requirements, water quality protection, and habitat improvements. The Capital Facilities Element of the City's Comprehensive Plan will need modification of date and manual references, and possible revisions to the goals and policies section. Staff will be reviewing the Comprehensive Plan and recommending changes to the Land Use and Planning Board. These recommendations are tentatively scheduled to be brought to the Public Works Committee for its consideration in July, 2009. BUDGET IMPACT: No budgetary impact P IPubLc L4dmmSupOethIPWConimdteeL4cnonPagedoc RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to comprehensive planning; declaring an emergency for the adoption of an amendment to the Capital Facilities Element of the City's Comprehensive Plan related to the amendment of the Surface Water Design Manual. RECITALS A. The Capital Facilities Element of the City's Comprehensive Plan provides the foundation and guidance for stormwater management within the City limits. The City's Surface Water Design Manual ("SWDM") is integrated into the Capital Facilities Element and is the City's blueprint for long-range stormwater management and development requirements. B. The City's SWDM is being updated and requires a corresponding update of the Capital Facilities Element. The update process for the SWDM began in the winter of 2008. The City was tasked with implementing changes to the manual to meet equivalency standards of the 2005 Department of Ecology's Stormwater Management Manual for Western Washington and compliance with the National Pollution Discharge and Elimination System Phase II Permit. As a completion of this process, the Council will be addressing the adoption of a revised SWDM and amendments to the Capital Facilities Element. I Capital Facilities Element Amendment - Emergency. Surface Water Design Manuel 2009 - Resolution C. The Growth Management Act ("GMA") requires the City to establish procedures governing amendments to the Comprehensive Plan that limit amendments to once each year unless certain circumstances exist. RCW ' 36.70A.130(2). The City has established a procedure for amending the Comprehensive Plan in Chapter 12.02 Kent City Code (KCC), which allows (, amendments in addition to the standard annual update if an emergency exists. An emergency is defined as an issue of community-wide significance that l promotes the public health, safety, and general welfare of the City of Kent. KCC 12.02.010(A). D. The City Council finds that consideration of the proposed SWDM I amendments to the Capital Facilities Element of the Comprehensive Plan address the needs of the City regarding the mandatory National Pollutant k Discharge Elimination System Phase 2 Permit (issued by the Washington State Department of Ecology), stormwater management requirements, water quality protection, and habitat improvements. These are issues of community-wide significance that promote the public health, safety, and general welfare of the City of Kent. t i � Ir THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recitals. The foregoing recitals are incorporated by this reference. it SECTION 2, - Process and Direction. The City shall proceed with consideration of the Surface Water Design Manual (SWDM) amendments to the Capital Facilities Element without undue delay. Such consideration shall include compliance with the State Environmental Policy Act; Land Use and 2 Capital Facilities Element Amendment- Emergency: Surface Water Design Manuel 1 2009 - Resolution i Planning Board workshop, public hearing, and recommendation; Council committee recommendation, and final action by the City Council. SECTION 3. - Emergency. Pursuing revisions of the Comprehensive Plan to provide for amendments to the Capital Facilities Element related to amendment of the SWDM are issues of community-wide significance that promote the public health, safety, and general welfare in accordance with the definition of an emergency as set forth in section 12.02.010(A) of the Kent City Code (KCC). The City Council, therefore, declares that an emergency exists and authorizes staff to process these revisions to the comprehensive plans outside the annual amendment process in KCC 12.02.030. SECTION 4. - Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 5. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of , 2009. CONCURRED in by the mayor of the city of Kent this day of , 2009. SUZETTE COOKE, MAYOR 3 Capital Facilities Element Amendment - Emergency: Surface Water Design Manuel 2009 - Resolution f ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY j I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of , 2009. E BRENDA JACOBER, CITY CLERK P:\Clvfl\Resolution\EmergencyResolutionS WM.docx t I� I 4 Capital Facilities Element Amendment - Emergency: I, Surface Water Design Manuel 2009 - Resolution I Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6I 1. SUBJECT: KEMP INVESTMENTS BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Kemp Investments for 1 gate valve and 50 linear feet of waterline; 1 sanitary sewer manhole and 140 linear feet of sanitary sewer line; and 2 storm sewer catch basins and 320 linear feet of storm sewer line. The project is located at 26328 79th Avenue South. 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: O KENT WASH IN G T Q N AMM TO: ENGINEERING DEPARTMENT ATTN: 220 4T'�AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Kemp Investments LOCATION:26322-79th Ave, SO. TAX ACCTNO: 346280-0090 BILL OF SALE CITY OF RENT KING COUNTY,WASUNGTON THIS INSTRUMENT made this 16th day of October, 2008 ,by and between Kemp Investments, LLC hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for,a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATER_MA INS; together with a total of 1 gate valves at S 5 0 0 each, hydrants at$ each and I or any other- appurtenances thereto. . ON FROM TO (# eet,esmt, etc) 79th Ave. So. Including 5 0 linear,feet at$ 4 0 per LF of 6'.' DI (size&type) waterline. B. AMARY SE Together,with a total of manholes at $ 4 i each and I or any other appurtenances thereto. t i I 1 of"4 Bill of Sale 3 r �i ON FROM TO (street,esmt,etc) Public Sewer Easement j Including 140 linear feet at$ 25 per LF of 8" PVC (size&type) sewer line. C. ,$ EFTS: Together with curbs,gutters,sidewalks,and I or any other appurtenances thereto. ON FROM TO (street, esmt,etc) {{ I_ Including 0 centerline LF at$ 0 per LF of 0 (type)streets, Feet asphalt roadway. l A STORM SE' MM; Together with a total of 0 manholes at$ each or a total of 2 catch basins at$ 750 each, 0 LF of biofiltratiou swale or drainage ditch with a total cost of$ _7_CF of detention pond storage with a total cost of$ ,and/or-any other,appurtenances thereto. ON FROM TO I (street,esmt,etc) 79th Ave. So. Including 3 2 0 linear feet at$ 5 0 per LF of 1211 DI (size&type) _ _ sewer line•. To have and to hold the same to the said Grantee,its successors and assigns forever„ is 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; f , that it has the right to sell the same aforesaid; that it will warrant and defend the same f against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee far itself;its 1 successors and assigns to incorporate said utilities in its utility system and to maintain there as provided in the applicable City Ordinances'.--- IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on GL' Q� day of _ ,20 t9 ^, i I 2 of 4 Bill of Sale STATE OF WASHINGTON } )SS COUNTY OF KING ) On this ?—:>-U day of b ,before me,the undersigned A Notary Public' and f r the State of Washington,duly commissioned and sworn,Personally appeared 6ork.4a to me known to be the individual described in and who executed the forego ng 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. GItUN under,my hand and official seal this day of LVIA JY- 20 Of, Notaz ublic in and fox-the State of'Washington,residing at Ft.M1CyF No.123042 My Commission Expires:lc) b 10/02/2010 2 �n G ©F WASH` The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 i 3 of 4 Bill of'Sale ADDENDUM TO BILL OF SALE CITY OF KENT 1 The figures used on the Bill of Sale for Kemp Investments project dated 0 4/2 5/0 8 ,were based on the"As-Built"Engineering PIans dated 10/15/08 , ,for I ii the same said Kemp Investments project. Jerry Waldron the i undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of BASELINE Engineering, Inc. the firm responsible for the preparation of the"As-Built" Engineering Drawings. (Signa e t I I i r 4 of 4 Bill of Sale i Kent City Council Meeting Date March 17, 2009 ' Category Consent Calendar - 63 1. SUBJECT: CLOUD SHORT PLAT BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Cloud Short Plat for 3 gate valves, 1 hydrant, and 185 linear feet of waterline; 3 sanitary sewer manholes, and 218 linear feet of sanitary sewer line; 215 linear feet of new streets; and 377 linear feet of storm sewer line. The project is located at 25126 Lake Fenwick Road South. 1 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: KENO T W A S H I N G T O N MAIL TO: ENGINEERING DEPART PEN ATTN: jP,cjr�I a �j 1&t4F__. 220 4TH AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: CLOUC) SIt-(ogr Fj_AT- LOCATION: 25(26 Lk-. FeoawaUe--R4"), TAXACCTNO: Z2Z2_04 1011 BILL OF SALE F�cc- 2_0-?Z,4Z`7 CITY OF KENT KING COUNTY,WASHINGTONN THIS INST UMENT made this day of I c_�20 C e , by and between rc-,_, c�(,v^ur tC� c _ hC_ hereinafter called "Grantors",and City of Kent,a municipal corporation of King County, State of Washington,Iereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration, does hereby grant, bargain,sell to Grantee the following described improvements: ---- A. WATERMAM: together with a total of gate valves at$ 300 each,^I hydrants at$ 12-60_each and/or any other appurtenances thereto. ON S. 2.51'2- PL. FROM L.NK-F- tcK TO Z� o� �PrZt�. R�• ESMT� (stre t, esmt,etc) RO fit) L, _ HE.g wkc-z- . . tt Including. (g,5'linear feet at$ ? per LF of (size&type) Doet. T-mv. waterline. B. SANITARY S ._EWERS: Together with a total of manholes at $ 2400 each and/or any other appurtenances thereto. IV 0 I of PEJ Bill of Sale ON PPl V. I✓Smr> FROM iAkF_ FEN w t C41— TO 2-FAD F�+ (stree , esmt,etc) Lk- • Fe—,AL-t Including 21S linear feet at$ 40 per LF of t� (size & type) P\�,C sewer line. - C. STREETS: Together with curbs, gutters,sidewalks, and/or any other appurtenances thereto. ON LK. FE"lj tGk. FROM TO t (street, esmt,etc) RoPrD l Zo` •gip oth d-P S. ZSr--�CAL.• l zo gyp`+ ©� Sly PL. 4�' J Including Z.1S centerline LF at$ �'O per LF of Re:gtj. Pew (type) streets, Z2-' Feet asphalt roadway. hr'�e-via 4 D. STORM SEWERS: Together with a total of manholes at $ �each or a total of catch basins at$ each, LF of biofiltration swale or drainage ditch with a total cost of$ , CF of detention pond storage with a total cost of$ ,and/or any other appurtenances thereto. ON FROM TO (street, esmt,etc) Including�7 linear feet at$ 30 per LF of 12,11 (size & type) Fr,C, 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 20 d e) I 2 of 4 Bill of Sale STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of ��' c_ .20 0 , before me, the undersigned A Notary Public in�d for the State of Washington, duly commissioned and sworn,Personally appeared C, 7��, 2_ 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 0/her free and voluntary act and deed for the uses and purposes therein mentioned. �'r'- +-, GIVEN under my hand and official seal this ` day of L 20 S� c Notary Public in and for the State of Washington, residing at CARRIANNE LITOWITZ Dr...` `lc))h r. STATE OF WASHINGTON NOTARY PUBLIC My Commission Expires: MY COMMISSION EXPIRES d 06-21.09 The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and passed by the City Council of the City of Kent,King County,Washington, on the day of ,20 3 of 4 Bill of Sale ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bill of Sale for C L ou.p SHORE T_ PLAT S S/e/07 project dated 10 3 ! Cc& taut i were based on the "As-Built"Engineering Plans dated I O 02) ,for the same said CL._bu C> �'t OEf - Pc._, r project. ZiLF 5 �• �i�1i�� -G� the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of aA�GtftkN� t N f-=12(P�t�- , the firm I _ responsible for the preparation of the "As-Built" Engineering Drawings. f Signa e Al t{ y t aId _ 4 4 of Bill of Sale Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6K 1. SUBJECT: SAFEGUARD SELF STORAGE PHASE IV BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Safeguard Self Storage Phase IV for 2 gate valves, 1 hydrant, and 183 linear feet of waterline; 85 linear feet of new streets; 161 linear feet of frontage improvements; 5 storm sewer manholes, 4 catch basins, and 606 linear feet of storm sewer line. The project is located at 509 Washington Avenue North. 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: MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: KENT 220 — 4TH AVENUE SOUTH WASH I N t3 T C? N KENT, WASHINGTON 98032 Project: Safeguard Self Storage IV Permit#;RECC-2072805 Location: 509 Washington Ave. N. Parcel #: 543620-0481 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 11,6i-h day of D.e.c _r• 208,: _,, by and between Kent Mobile Home Park, LLC , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described Improvements: A. WATERMAINS: Together with a total of 2 gate valves at $ 7p(L)0 each, , 1 hydrants at $ 3, 200. 00 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including 183 linear feet at $ 26. 00 per LF of 8" (size &type) DIP waterline. B. SANITARY SEWERS: Together with a total of 0 manholes at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including 0 linear feet at $ per LF of Bill of Sale 1 of 5 (size & type) sewerline, f C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) Wahington Ave. N. South Property Line North Property Line Including 85 linear feet at $ 76.00 per LF of D/W Prolpe'rty Line (size &type) S/.__W r. (Improvement). D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances - ON FROM TO (street, easement, etc.) Washington Ave . N. Including 161 linear feet at $ 125. 00 per LF of (size &type) (improvement). E. STORM SEWERS: Together with a total of 5 manholes at $ 1 , f300. 00. each or total of 4 catch basins at $ 800.00 each, 0 LF of blofiltration swale or drainage ditch with a total cost of $ , 0 cubic feet of detention pond storage with a total cost of$ , and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) o� Including 170/436 '� linear feet at $ 32. 00 per L.F of, 57x38/12" (size & type) CMP ARCH PIPE/PVC sewerline. 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 materials 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(s), 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. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. f Bill of Sale 2of5 IN WITNESS WHEREOF, t , undersigned /has caused this instrument to be executed on this / day of �� J�'P.�(9�/� , 20 1 S IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this / J day ofC� � , 20 STATE OF WASHINGTON ) ) SS COUNTY OF KING I ) On this 15-ri day of f , 20 , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 9 . �S 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_�J day of 20 . Notary Public in and for the State of Washington, residing at = My Commission Expires: Bill of Sale 3 of 5 i STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of , 20 , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me 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 ff 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 20 Bill of Sale 4 of 5 ,Dec 15 08 11 : 03a PLEMMONS INDUSTRIES INC 2530527368 (a. 6 IV ENT WASH IN CST ON ADDENDUM TO BILL OF SALE CITY OF GENT KING COUNTY, WASHINGTON The figures used on the Bill of Bale for project dated tz !_ is l® , for the same said m project, IF-, FLIC> the undersigned P.E, or land surveyor- Is the person responsible for the preparation of the Bill of Sale and Is an employee of '���- ���� � t"'C-' a _. _.r the firm responsible for the preparation of the "As-Built" Engineer, _F Ate, Signature ` 27 a (E'ng neesr stamp required) BIII of Sale 5of5 Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6L 1. SUBJECT: TALL FIRS COTTAGES BILL OF SALE - ACCEPT ' 2. SUMMARY STATEMENT: Accept the Bill of Sale for Tall Firs Cottages for 6 gate valves, 1 hydrant, and 240 linear feet of waterline; 4 sanitary sewer manholes, and 320 linear feet of sewer line; 300 linear feet of new streets; 2 storm sewer catch basins, 9,261 CF of detention pond storage, and 194 linear feet of storm sewer line. The project is located at 26824 1081h Ave. SE. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: 1 Councilmember moves, Councilmember seconds l DISCUSSION: ACTION: I/ KENT W A 5 H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 41111 AVENUE SOUTH KENT,WASHINGTON.98032 PROJECT: Tall Firs Cottages LOCATION: 26824 - 108th Ave. SE TAXACCTNO: 292205-9075 BILL OF SALE CITY OF ICENT K NG COUNTY,WASHINGTON THIS INSTRUMENT made this day of December 2008 9 by and between Mental Health Housing Foundation I hereinafter called "Grantors",and City of Kent,a municipal corporation of King County,State of Washington,hereinafter called G°Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATERMAINS: together with a total of 6 gate valves at$ 3 5 0 each, I hydrants at$5 r 0 0 each and/or any other appurtenances thereto. ON 109th Ct. St. FROM TO (street,esmt,etc) Including 2 4 0 linear feet at$ 3 5 per LF of 8 (size&type) Ductile IrorWaterline. B. SANITARY SEWERS: Together with a total of 4 manholes at $3, 0 0 each and/or any other appurtenances thereto. 1 of 4 Bill of Sale ON 109th Ct. St. FROM TO (street,esmt,etc) Including 3 2 0 linear feet at$ 25 per LF of 8" PVC S DR 3 5 (size&type) sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including 3 0 0 centerline LF at$ 13 0 per LF of Residential (type)streets, Feet asphalt roadway. h A STORM SEWERS: Together with a total of 0 manholes at$ each or a total of 2 catch basins at$ 7 5 0 each, 0 LF of biofiltration swale or drainage ditch with a total cost of$ -9—r-2-67CF of detention pond storage with a total cost of$ 4 0, 0 a 0 and/or any other appurtenances thereto. ON 108th Ave. SE FROM TO (street, esmt,etc) Including 194 linear feet at$ 30 per LF of 12" PVC (size& type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for Iabor 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 WIIEREOF,the undersigned has caused this instrument to be executed on this '`-/"' day of ec ! ,20 © &� 2 of 4 Bill of Sale STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this / day of c Y ,20 61 ,before me,the undersigned A Notary Public in a d for the State of Washington,duly commissioned and sworn,Personally appeared _� L,442 l 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 u �tinder my hand and official seal this_ �day of ����20 �441411111 NN11 ' ,,No'%1AG Wq '/z,, Nory Pu lic in anA for the ���•� ��Q;.•�S1®H f�A. '•,, Sta a of Washington,residing at i P�U80G 'k My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 3 of 4 Bill of Sale ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bill of Sale for Tall Firs Cottages project dated were based on the"As-Built"Engineering Plans dated for the same said Tall Firs Cottages project. Jerry Waldron the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill the firm BASELINE Engineering, Inc. of Sale and is an employee of , responsible for the preparation of the "As-Built" Engineering Drawings. �- iga c� 36 xp aE I I 4 of 4 Bill of Sale Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6M 1. SUBJECT: BASIC LIFE SUPPORT SERVICES CONTRACT WITH KING COUNTY - ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Accept the Basic Life Support levy funds in the amount of $1,212,191 and authorize the Mayor to sign the contract with King County, subject to final contract terms and conditions acceptable to the City Attorney. In 2007, a Basic Life Support Services Levy was passed for a 6-year period, beginning in 2008. The City has signed a contract with Seattle-King County Department of Public Health/Emergency Medical Services Division since 1981 to receive Emergency Medical Services Funding. 3. EXHIBITS: Kin Count Contract for Basic Life Support Services 9 Y PP 4. RECOMMENDED BY: Fire Administration and Public Safety Committee 3/10/09_ (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Public Health Seattle & King County King County Contract No. D39143D Federal Taxpayer ID No. q I ._ L00co) ;:�s-� This form is available in alternate formats for people with disabilities upon request. KING COUNTY CONTRACT FOR Basic Life Support Services Department Seattle-King County Dept. of Public Health (a.k.a. Division Public Health—Seattle & King County)/Emergency Medical Services Contractor Kent Fire Department Project Title Basic Life Support Services Contract Period Start date: January 1, 2009 End date: December 31, 2013 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Fire Department (the "Contractor"), whose address is 24611 116th Avenue SE, Kent, WA 98030. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCE FUNDING LEVELS EFFECTIVE DATES $1,212,191.00 1/1/2009 to 12/31/2009 REAL PROPERTY TAXES- To be determined 1/1/2010 to 12/31/2010 CURRENT To be determined 1/1/2011 to 12/31/2011 To be determined 1/1/2012 to 12/31/2012 To be determined 1/1/2013 to 12/31/2013 and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the Annual Budgets of the Contract Period. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: • Exhibit A: Scope of Work • Exhibit B: Budget • Exhibit C: Invoice • Exhibit D: Mission, Method, and Expectations • Exhibit E: Certificate of Insurance and Additional Insured Endorsement 11. Term and Termination A. This Contract shall commence on January 1, 2009, and shall terminate on December 31, 2013, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. SKCDPH-Agency BPA of 13 1 B. This Contract may be terminated by the either party without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. C. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1)the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or(2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to f misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the.County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. E. The Contractor may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III. Compensation and Method of Payment A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: Upon receipt and approval of a signed invoice as set forth in Exhibit C that complies with the budget in Exhibit B. The Contractor may bill up to the full amount of the annual amendment at any 4 time during the specified amendment year if it can certify and document that its total expenditures have equaled or exceeded the full amount of the amendment. B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Contractor not more than 45 days after a complete and accurate invoice is received. f C. The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D. When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The contract may contain SKCDPH-Agency BP:2 of 13 separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E. If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4. Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. IV. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. V. Debarment and Suspension Certification Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are excluded from contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. For more information on suspension and debarment, see Federal Acquisition Regulation 9.4. VI. Maintenance of Records/Evaluations and Inspections A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. SKCDPH-Agency BP:3 of 13 The County may visit, at any mutually agreeable time, the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C. Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D. Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and i standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E. The Contractor shall provide right of access to its facilities—including those of any subcontractor assigned any portion of this Contract pursuant to Section XIII—to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. F. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by f law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. I G. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. H. The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII. Compliance with the Health Insurance Portability Accountability Act of 1996 (HIP A) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Contractor 1. The Contractor agrees not to use or disclose protected health information other than as permitted or required by law. 2. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the covered entity as required by CFR Title 45, Section 164, Subpart C. 3. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract. 4. The Contractor agrees to report to King County Public Health Compliance Office any use or y disclosure of protected health information not allowed under this Contract, or security incident, within two (2) days of the Contractor's knowledge of such event. 5. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor I SKCDPH-Agency BPA of 13 on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. 6. The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524. 7. The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.626. 8. The Contractor agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with the privacy rule. 9. The Contractor agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 164.528. B. Permitted Uses and Disclosures by Business Associate The Contractor may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. C. Effect of Termination 1. Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from King County, or created or received by the Contractor on behalf of King County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information. 2. In the event the Contractor determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. VIII. Audits A. If the Contractor or subcontractor is a municipal entity or other government institution or jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total of$500,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor or subcontractor shall meet the respective A-133 requirements described in subsections VIII.B. and VIII.C. B. If the Contractor is a non-profit organization, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year. The Contractor shall provide to the County its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide SKCDPH-Agency BP:5 of 13 copies of those communications and the Contractor's response and corrective action plan. Submittal of these documents shall constitute compliance with subsection VIII.A. C. If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VIII.A. D. If the Contractor, for-profit or non-profit, receives in excess of$100,000 in funds during its fiscal year from the County, it shall provide a fiscal year financial statement prepared by an independent Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the Contractor's fiscal year. E. Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX. Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3)working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section II.C.; D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X. Dispute Resolution A. The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. B. If a dispute arises between the parties that cannot be resolved by direct negotiation, the dispute shall be submitted to a dispute board for a non-binding determination. Each party shall timely appoint one member to the dispute board. Those members shall jointly appoint an additional member. Any costs of the dispute board shall be split evenly between the two parties. The dispute board shall timely review the facts, Contract terms and applicable law and rules, and make its determination. Provided that each party and the dispute board act in a timely manner, the parties SKCDPH-Agency BP:6 of 13 agree not to seek legal or equitable relief in the courts until the dispute board renders its determination. Thereafter, either party may seek legal or equitable relief in the courts. XI. Hold Harmless and Indemnification A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arise out of, or in any way result from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. F. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. XII. Insurance Requirements A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, SKCDPH-Agency BP:7 of 13 officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. B. Minimum Scope and Limits of Insurance By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Coverage shall be at least as broad as: ` 1. Commercial General Liability: Insurance Services Office form number(CG 00 01 current edition or its equivalent) covering COMMERCIAL GENERAL LIABILITY. Minimum Limit: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a 2 000 000 aggregate limit. 2. Professional Liability: { I Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. Minimum Limit: $1,000,000 per claim and in the aggregate. 3. Automobile Liability: In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or non-owned vehicles, the Contractor shall provide evidence of the appropriate automobile ' coverage. Insurance Services Office form number (CA 00 01 current edition or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. Minimum Limit: $1,000,000 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. Minimum Limit: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability: Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap"endorsement to the general liability policy. Minimum Limit: $1,000,000 C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. D. Other Insurance Provisions SKCDPH-Agency BP:8 of 13 The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies (Except Workers Compensation and Professional/Errors and Omissions) a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. (CG 2010 11/85 or its equivalent) b. The Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self- insurance maintained by the County, its offices, officials, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. C. The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies a. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. b. Each insurance policy shall be written on an "occurrence"form; except that insurance on a "claims made"form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of Contract termination, and/or conversion from a "claims made"form to an "occurrence" coverage form. E. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. F. Verification of Coverage The Contractor shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. G. Municipal or State Contractor Provisions If the Contractor is a Municipal Corporation or a Contractor of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. SKCDPH-Agency BP:9 of 13 I H. Insurance for Subcontractors If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. I. All Coverages and Requirements Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. XIII. Assignment/Subcontracting j A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not i include the purchase of(1) support services not related to the subject matter of this Contract, or (2) I supplies. C. The Contractor shall include Sections III.D, IV, V, VI, VII, VIII, XI, XII, XIV, XV, and XXI, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract, provider j agreement, or purchase agreement for services which relate to the subject matter of this Contract: f "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims,judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV. Nondiscrimination The Contractor shall comply with all applicable federal, state and local laws regarding discrimination. XV. Nondiscrimination in Subcontracting Practices A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women ` Business (M/WBE) utilization requirements shall apply to this Contract. No minimum level of M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no j preference will be given by the County to a bidder or proposer for their M/WBE utilization or M/WBE status. The completion of County M/WBE forms which may be included in the Contract documents is not required. Provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply. B. During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities for MMBEs to participate in all County contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, SKCDPH-Agency BP:10 of 13 nationality, marital status, sexual orientation or the presence of any disability in an otherwise qualified disabled person. C. The Contractor shall maintain, until at least 12 months after completion of all work under this Contract, records and information necessary to document its level of utilization of M/WBEs and other businesses as subcontractors and suppliers in this Contract and in its overall public and private business activities. The Contractor shall also maintain, until 12 months after completion of all work under this Contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract. The Contractor shall make such documents available to the County for inspection and copying upon request. If this Contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract documents. D. King County encourages the Contractor to utilize small businesses, including Minority-owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at (360) 753-9693 or on-line through the web site at www.wsdot.wa.gov/omwbe/. E. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of Contract for which the Contractor may be subject to damages and sanctions provided for by Contract and by applicable law. XVI. Conflict of Interest A. The Contractor agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3.04,060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a former county employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county action in which the former county employee participated during county employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVII. Equipment Purchase. Maintenance. and Ownership A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. B. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. C. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. SKCDPH-Agency BP:11 of 13 I D. The County will provide property tags so Contractor can mark property. The Contractor shall admit County staff to the Contractor's premises for the purpose of confirming property has been marked with County property tags. The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. XVIII. Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. j The foregoing products license shall not apply to existing training materials, consulting aids, checklists, J and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. F XIX. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XX. King County Recycled Product Procurement Policy In accordance with King County Code 10.16, the Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the i Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XXI. Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXII. Entire Contract[ Waiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the j Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXIII.Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. { XXIV.Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the SKCDPH-Agency BP:12 of 13 I County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXV. Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXVI.Applicable Law This contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY Kent Fire Department FOR King County Executive Signature Date NAME (Please type or print) i j Date Approved as to Form: L OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY PHSKC Contract# D39143D - Basic Life Support Services I I i i i i i I SKCDPH-Agency BP:13 of 13 C Contract#D39143D Exhibit A—SCOPE OF WORK KING COUNTY EMERGENCY MEDICAL SERVICES Basic Life Support Standards Agencies shall comply with the following standards in order to be eligible for basic life support services funding from King County. Failure to comply with the standards adopted by King County pursuant to Chapter 2.26 of the King County Code or by the County Medical Program Director pursuant to Chapter 18.73 RCW, shall be sufficient grounds for notification, remediation, and possible termination of funding. Review and modifications of BLS standards may be conducted on an annual basis. Proposed changes will be submitted to the Emergency Medical Services Advisory Committee and local provider agencies for advisory comment prior to implementation. I. Personnel: All emergency medical services personnel supported directly by King County funds must be certified as Emergency Medical Technicians ad defined by RCW 18.73. Basic EMT training standards have been established by King County Emergency Medical Services. II. Continuing Medical Education: EMTs will remain certified as required by WAC 246-976. Continuing Education and proficiency standards will be set by King County Emergency Medical Services and the Medical Program Director. Agencies must report completion of education and skill proficiency updates to King County Emergency Medical Services in an agree upon summary format. III. Medical Standards: Each agency providing emergency medical services shall g Yp g g Y adhere to standards of medical care for the triage,treatment and transport of patient as authorized by the Medical Program Director pursuant to RCW 18.73 and 18.71, and Chapter 2.26 of the King County Code. Standards of medical care are delineated in the King County EMS training curriculum approved by the Washington State Department of Health, "Patient Care Guidelines for Basic Life Support", and in the 1996, 1997, 1998, 1999, and 2000 Competency Based Training(CBT) modules. Additional CBT modules will continue to be issued annually. CBT modules may also be offered by the EMS Division electronically via Internet access. a. Scone of Practice: Evaluation and treatment activities by EMTs from provider agencies not described in the standards of medical care are deemed outside the scope of practice. Changes or additions to this scope of practice will be issued periodically by the Medical Program Director. b. Record Keeping and Record Submission: The Medical Incident Report Form (MIRF)must be completed as soon as possible following an incident. These reports should them be submitted to King County Emergency Medical Services, either electronically or by mail, within 30 days from the date the incident occurred. Agencies will be responsible for retention of copies of the reports. 1 Contract#D39143D c. Transportation Policy: Each provider will be responsible for developing a policy for the transport of patients from the incident scene to the treatment scene. Such policy should provide for transportation based upon determinants of transport need, including medical necessity,mitigating circumstances, and provider budget. The decision to transport a patient seen by BLS personnel will be determined by the patient's medical condition as described in the Basic EMT core curriculum and any mitigating circumstances. The mode of transport will be consistent with the patient's medical condition and provide humane, efficient i and expedient care. Transport destinations should be consistent with the State Trauma System Activation Guidelines. d. King County Medical Quality Assurance/Quality Improvement Programs: Each BLS provider will agree to participate in a King County Medical Quality Assurance/Quality Improvement program. This program will f be developed by King County EMS Division, with the assistance of the EMS Advisory Committee and BLS providers. Elements of this program include: 1) run review by clerical and provider personnel to ensure completeness, 2) run review by a reviewer (local paramedic or personnel from within the organization for medical appropriateness and compliance with King County Emergency Medical Services standards, 3) case follow up and discussion conducted by the run review personnel, and 4)paramedic involvement in CBT Training. _i e. Patient Confidentiality: Information concerning the evaluation and treatment of a patient by BLS personnel in the performance of their duties is to be handled as confidential material, including patient name, medical history,incident location, or any other confidential information. Confidential medical information may not be released unless the patient or his/her court- appointed representative completes and signs an Authorization for Release of Information form. IV. Equipment ' a. All vehicles used to deliver emergency medical services must meet vehicle standards as established by the Washington State Department of Health pursuant to RCW 18.73,unless waived by the State Deparhnent of Health Office of EMS Trauma Prevention Licensing. b. Medical equipment used by personnel supported funds must meet appropriate federal or state standards or county protocols. V. Mutual Aid Agreements: Each public agency providing basic life support i services shall have written mutual aid agreement or similar arrangements is effect. ti VI. Proposed Research and Evaluation Activities: Any proposed clinical research or evaluation activities involving personnel, equipment or data supported directly or indirectly by King County funds must receive prior review and written 2 Contract#D39143D approval by the Medical Program Director and the King County Emergency Medical Services Division Manager and must be in compliance with State, County and local regulations and laws. VII. Performance Indicators and Oversight: In accordance with findings of the EMS Financial Planning Task Force,the EMS Division—with the assistance of the EMS Advisory Committee and the Financial Staff Team—shall develop mechanisms for improved performance oversight by the EMS system and elected officials. Performance indicators will be established and reviewed by King County EMS and reported by the EMS Division to each BLS agency and in public presentations. Mitigation activities will be initiated with local providers if needed. Reports will be distributed to provider agencies on a regular basis. Standards for each provider will be monitored in the following major areas: total call volume, average response time for code red calls,percent of response times greater than or equal to 4, 6, 8, and 10 minutes, out-of-service times,number of transports and mode of transport. Additional performance indicators may be added, with the assistance of the EMS Advisory Committee and the Financial Staff Team. VIII. Financial Indicators and Oversight: In accordance with findings of the EMS Financial Planning Task Force, indicators shall be developed which improve financial oversight by the EMS system and elected officials. The EMS Division, in conjunction with the EMS Advisory Committee and the Financial Staff Team, shall develop reporting financial reporting measures that will include, but may not be limited to: a. Selection, development, and tracking of system costs. b. A standard costing system for reporting dollar expenditures for BLS activities. c. Funding allocation mechanism. 3 • EM"^ Exhibit B ENCY MEDICAL SERVICES FUNDS Contract# D39143D 2009 PROPO(. j BUDGET-BASIC LIFE SUPPORT SERVICL . � Agency Name: �Ql= '--- XYl� / J� a �nu''� f`"+r- 1 r K 7*3 �j l � !7 ■ Contact Person:_ 1"�C���cz�c` �.� TEtl8: Address, �/ Phone: y t� �^ `�8oe) BUpC313T CATEC3ORY Amount Rea sated or B S Salaries&Benefits: p EMT salaries --- Other Salaries Overtime — Subtotal Saferfes: �$ Subtotal Employee Benefits: Subtotal;Employee Salaries&Benefits: Other Costs: Medical Supplies&Equipment A),40.9 ---- Office&Computer Supplies&Equipment Uniforms,Fire&Safety Supplies Dispatch Communications Vehicle Maintenance Facility Costs Training Misc. Subtotal Other Costs: Total Operational Costs $ - Capitai Costs Subtotal Capital Costs Subtotal Operational&Capital $ - Reserves(saved or used): GRAND TOTAL: $J Z / / Provider Signature Date i • 1 a (D cu is m c c `oY o c 0 o o v CL p N m -0 � L ` f/1 07 V O U) C 0 N � r O o N _ � O N U. d)ce) N O CDF' d C~ O _V .p W d t N C p •` 7 U ,v cLv U ■ ;o m O = m d A = N V v U C C W N .G W "p •3. 0 N N .� J c E p � m Co a c c mom °' � N v CF .` +r N U 0 L `O `d N s° d N n:3 (MD lQ r Cl N C C I.L. = 0. w « EXHIBIT D Mission,Method, and Expectations Public Health Program Activities Provided by Community Partners A.Mission ■ The overall mission of Public Health—Seattle &King County is to provide public health services that promote health and prevent disease to King County residents,in order to achieve and sustain healthy people and healthy communities. 'I B. Method ■ One of the key methods that Public Health--Seattle &King County uses to support this mission and extend the reach of public health program activities is to engage in contractual partnerships with community based organizations. This partnering activity increases access to needed and mandated health services, and enables community partner agencies and the people they serve to benefit from service models that are informed by sound public health principles and practices. Community partner organizations, with the support of funds provided through this contractual relationship, extend Public Health's activities to promote population health, according to goals and outcomes determined under state and national performance standards. 1_ C. Expectations ■ Public Health expects that its community based contracting partners will perform contracted health services in accordance with the goals, performance measures, and accountability methods that are outlined in the program-specific exhibits that accompany this contract. ■ Public Health will provide professional and technical assistance to community partner organization program staff in order to support the development and maintenance of strong and effective program services. ■ Public Health and community partner organizations will collaborate in developing and performing program evaluation activities that will measure the effectiveness of program efforts, including efforts to measure the impact of program activities on the health status of residents of King County. I_ . 1 �x�lli �r E . ..... `..... Insurance Autho.rxty P.O. sox 88030 Tukwila, WA 98138 20-Mar-0 8 Cert#: 5526 Phone: 206-575-6046 Seattle King County Public Health Attn: Jeffrey Brown pax:20G-575-742G 401 5th Ave., Suite 1300 Seattle,WA 98104 RE: City of Kent Basic Life Support Services -EMS Levy Monies Contract Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 123 municipal corporations in the State of Washington, WCIA has at least$1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company,your organization cannot be named as an"additional insured" Sincerely, Eric B. Larson Deputy Director cc: 'Christopher Hills Linda Mock cletter Kent City Council Meeting Date March 17, 2009 Category Consent Calendar - 6N 1. SUBJECT: WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS GRANT AWARD - ACCEPT i2. SUMMARY STATEMENT: Accept the grant funds in the amount of $7,000 to purchase two LIDAR (laser) speed measurement units and one (1) hand held radar unit for the Kent Police Department. The grant award is issued on a reimbursement basis. 3. EXHIBITS: Award letter from WASPC dated 2 9 09 4. RECOMMENDED BY: Public Safety Committee 3/10/09 (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: WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS 3060 WillameUe Drive NB Lacey,WA 98516—Phone:(360)486-2380—Fax:(360)486-2381—Website:w%mmaspe.org Se IT&IZ the Laiv Enforcentent Community and the Citizens of Washz»etolt February 9,2009 �o` vrsBpoG Chief Steven Strachan FED J '`\ li�I°" Kent PD t y 220 4th Ave S ' Kent WA 98032 - Dear Chief Strachan, Thank you for applying for a WASPC Traffic Safety Grant. We are pleased to inform you that your agency has been approved to receive the following; ✓ $7000 ✓ 1 Radar&2 Lidar Radars The Federal Identification number for this grant is CFD.A.#20.600. Invoices must be submitted i to WASPC no later than May 1,2009, Any invoices not received by the deadline will not be reimbursed and the award money will be forfeited, Please note; WASPC is responsible for the amount of your grant award only. Any expense in excess of the grant award ntust be paid by your agency. A report is required for each Equipment,Mini &Multi jurisdictional grant received by your department. The 2008-2009 Traffic Grant reports are due by October 15, 2009, Failure to report will result in denial of 2009—2010 grant funds.For your convenience,the report form is enclosed with this letter.Your agency is responsible for subscribing to the following commitments: i • Support statewide/national traffic safety initiatives,projects, and programs • Report grant results to WASPC in a timely manner • Subscribe and commit to aggressive traffic enforcement Thank you for your dedication to traffic safety in the State of Washington. If you have any questions please contact Heidi Hughes at(360)486-2380.If you would like more information regarding state or federal traffic safety grant funding,please contact the Washington Traffic Safety Commission at(360) 753-6197, Sincerely, • i Don Pierce Executive Director, WASPC i President President Bice[ Vice President Past President Tre`urer COLLEEN WILSON JOIEN DIDION SCOTTSAIITH RICHARD LATHHrI DRUCE BJORIC Chief—PoHof Seattle SherV—PactyloCouuly Chief—7idaltp Sherq—FranklluCounly Chief-IVAFihau'lldile Hxecutive Board ED HOLAIES TOAI SCHLICICER AHKE KLM JOHN BATISTE SAAIUEL GRANATO Chief—Alcrcerlshual Chief—Sulnoet/sh Alarshal—U.S.illershals,BD-ll'ol Chtef—IPA StatePalrol Chlef—Yakima MWE H.UAIPIIREYS AIUCE HARUAI SUE RAHR LAURA LAUGHLIN DONALD PIERCE Sherg—IValla IallaCounty ShcrV—Chelan County Sheriff—King County SAC—FBI,Seattle grectaNeDircelor t REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT � l- B. MAYOR 1� C T-!i--U -QAk Vl c l.w�'n c$ C. OPERATIONS COMMITTEE ' D. PARKS AND HUMAN SERVICES COMMITTEE �� @) 5 E. 'P�LA�N�N"ING AND ECONOMIC DEVELOPMENT COMMITTEE I,Pt- �34 @� Jl/la4 c l� Z6 3 F. PUBLIC SAFETY COMMITTEE 1 G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES �KIC EE-N T WAUHINOTON OPERATIONS COMMITTEE MINUTES , FEBRUARY 17, 2009 Comrnitjee Members Present, Debbie Raplee, Deborah Ranniger, and Ron Harmon The meeting was called to order by Deborah Ranniger at 4:02 p.m. 1. APPROVAL OF MINUTES DATE_D F.EBRUARY.3,2009 Raplee moved to approve the minutes of the February 3, 2009 Operations Committee meeting. Harmon seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED JANUARY 31, 1009 Finance Director Bob Nachlinger presented the vouchers for January 31, 2009 for approval. Harmon moved to approve the vouchers dated January 31, 2009. Raplee seconded the motion, which passed 3-0. 3. RECOMMEND COUNCIL TO AUTHORIZE THE MAYOR TO SIGN THE CONSULTANT SERVICES AGREEMENT WITH THE KENT CHAMBER OF COMMERCE TO PERFORM SERVICES WHICH SEEK TO INCREASE OCCUPANCY AT CITY LODGING FACILITIES, PROMOTE THE CITY AS A SITE FOR CORPORATE MEETINGS & EVENTS AND PROMOTE TOURISM OPPORTUNITIES. Economic Development Manager Kurt Hanson noted that this is the yearly contract with the Kent Chamber of Commerce, It will be remaining the same as 2008 at $18, 500,00. Kent Chamber of Commerce provides direct services to promote the increase of tourism opportunities In the City of Kent. Service under this agreement include but are not limited to; the developing of a Visitor's Bureau, working with ShoWare Center to bring conferences and events to Kent, update and publish the Kent Chamber annual directory, maintain the link from Kent Chamber website to Seattle Southside Visitors Bureau and continue research and development of the visitor market In Kent. Hanson pointed out two errors in dollar amounts in Exhibit A. Bullet #1 should read $5,000.00 rather than $7,000.00 and Bullet 4 should read $2,500.00 rather than $5,000.00. The quarterly payments as outlined on page 14 are correct and do total $18,500.00. The Committee raised questions which Hanson responded to. Harmon moved to recommend Council authorize the Mayor to sign the 2 Operations Committee Minutes February 17, 2009 Page: 2 Consultant Services Agreement with the Kent Chamber of Commerce to perform services which seek to increase occupancy at City lodging facilities, promote the City as as site for corporate meetings & events and promote tourism opportunities. Raplee seconded the motion, which passed 3-0. 4. RECOMMEND COUNCIL TO AUTHORIZE THE MAYOR TO SIGN THE CONSULTANT SERVICES AGREEMENT WITH THE GREEN RIVER COMMUNITY COLLEGE, SMALL BUSINESS ASSISTANCE CENTER WHO ASSIST KENT RESIDENTS AND INDIVIDUALS SEEKING TO OPEN A BUSINESS IN KENT WITH ONE-ON-ONE COUNSELING AND CLASSES. Economic Development Manager Kurt Hanson advised that this is the yearly contract with the Green River Community College, Small Business Assistance Center. The agreement in 2009 will be for $21,102.00 and will be quarterly invoices. Green River Community College provides to Kent residents and Individuals seeking to open a business in Kent one-on-one counseling and classes. These counseling sessions shall be available at no cost to the client. Workshops and classes will also be available at a low cost to the participant. lending options will be available for those clients needing capital, Hanson further advised that as part of the contract the college is obligated to provide their performance results. Hanson provided handouts indicating the 2008 results of the Business Development Report. Harmon mentioned that he would like to hear from the college in the future regarding their success stories. Questions were raised by the Committee that Hanson responded to. Raplee moved to recommend Council authorize the Mayor to sign The Consultant Services Agreement with the Green River Community College, Small Business Assistance Center who assist bent residents and Individuals seeking to open a business in Kent with one-on-one Counseling and classes. Harmon seconded the motion, which passed 3-0. S. RECOMMEND COUNCIL. AUTHORIZE THE MAYOR TO SIGN RECIPROCAL � PERMIT AGREEMENTS BETWEEN THE CITY OF KENT AND KING COUNTY FOR DENT TO OBTAIN EVENING PARKING RIGHTS AT THE DAMES STREET PARi{-N-RIDE FACILITY, AND FOR DING COUNTY TO OBTAIN DAY PARKING RIGHTS AT THE SHOWAR.E CENTER, SUBJECT TO FINAL PERMIT TERMS AND CONDITIONS ACCEPTABLE TO THE CITY ATTORNEY. City Attorney Tom Brubaker stated that over the past few months, the City of Kent and King County have been negotiating terms to reciprocal permit agreements, which would secure additional parking rights to accommodate each party's needs. Brubaker noted that because Metro involves a lot of federal funding, there is a minimum charge for the Park-n-Ride of about $1900.00 a year that the City will be paying. King County would like to use the ShoWare Center's parking facilities every 3 Operations Committee Minutes February 17, 2009 Page: 3 weekday, from 7 a.m. to 5:30 p.m., excluding holidays, for overflow parking at the Maleng Regional Justice Center. The City of Kent would similarly like to use King County's parking facilities at the James Street Park-n-Ride for overflow parking at the ShoWare Center from 5:30 p.m. to 2:30 a.m. on weekdays, and from 7 a.m. to 2:30 a.m. on Saturdays, Sundays, and holidays. These agreements additionally consider the occasional all-day event which may be scheduled by the City at the ShoWare Center, Brubaker further stated that the term of each permit agreement expires on December 31, 2013. However, either party may terminate the permit upon providing 18 months advance written notice to the other party. The Committee raised questions which Brubaker responded to, Harmon moved to recommend Council authorize the Mayor to sign Reciprocal permit agreements between the City of Kent and King County for Kent to obtain evening parking rights at the James Street Park-n-Ride facility, and for King County to obtain day parking rights at the ShoWare Center, subject to final permit terms and conditions acceptable to the City Attorney. Raplee seconded the motion, which passed 3-0. 6. 2009 BUDGET (INFORMATIONAL ONLY) Chief Administrative Officer John Hodgson provided the Committee with an overview of the 2009 Budget referring to his email contained in the agenda packet. He mentioned that over the last two weeks meetings have been underway with department heads, individual union represented staff, and surveys have been conducted with non-represented employees. Finance Director Bob Nachlinger provided a Power Point presentation overview of forecasting since December when the Budget was initially adopted. Hodgson provided a two page handout to the Committee with an update of the 2009 Budget forecast. The first page being a framework of the Power Point presentation and the plan to address it. The second page a list of vacant positions within the City. Hodgson explained the cautionary thinking behind the adoption of the Budget in December 2008. He then addressed additional cost cutting steps that have been taken and the necessity to further bridge the budget gap. Hodgson gave a brief overview and explained there would be more discussion in an Executive session at the Council meeting later in the evening. The Committee raised questions which Hodgson responded to. The eeting adjourned at 4:50 p.m. I r1UN, Nancy Clar Operations ommittee S4retary 1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 9, 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the meeting to order at 5:00 p.m. Approval of Minutes Danielson MOVED and Clark SECONDED to approve the Minutes of January 12, 2009. Motion CARRIED 3-0. Countywide Planning Policies Community Development Director Fred Satterstrom stated that the adoption of Countywide Planning Policies (CPPs) by King County is required under the State Growth Management Act (GMA). He stated that after King County adopts these policies they are not approved until they go through a ratification process. Satterstrom stated that the Growth Management Planning Council's (GMPC) motion to amend the CPPs was approved and ratified by the full County Council on December 15, 2008. He stated that GMPC Motion No's. 08-5, 08-6, 08-7, and Map Amendment 29 do not directly affect the City of Kent. Satterstrom stated that if the city does not take legislative action to disapprove the amendments to the CPPs within 90 days of adoption by King County, the amendments will go on the record as being ratified. Staffs recommendation is to have the city approve these CPPs and go on record as having ratified them. Clark Moved to recommend to the full Council ratification of amendments to the Countywide Planning Policies approved under GMPC; Motions No. 08-5, 08-6, and 08-07 as well as map amendment 29, amending the interim potential annexation areas map in the countywide planning policies, amending the Urban Growth Area in King County, and designating a new Urban Separator. Danielson Seconded the Motion. After further deliberations, Motion Carried 3-0. GMA Growth Targets Update for King County Suburban Cities Association staff member, Michael Hubner gave an overview on the growth targets process occurring under the purview of the Growth Management Planning Council (GMPC). Hubner stated that the growth targets in King County were adopted as a part of the Countywide Planning Policies, and must meet requirements of the Growth Management Act (GMA) Comprehensive Plan. The City of Kent's Comprehensive Plan, like every other city in King County, must accommodate 20 years of population and job growth, provide for sufficient land uses, densities, capital facilities, and transportation to accommodate that growth. The Comprehensive PEDC Minutes February 9, 2009 Page 1 of 8 2 Plan must be updated at least every 7 years with the next update due December f 2011. Hubner stated that the GMA Comprehensive Plans are based on projections from the State Office of Financial Management (OFM). He stated that every five years OFM issues population forecasts for each of the counties planning under the GMA with the local population allocations updated at least every ten years. He stated that Suburban Cities have the latest OFM population projections released in 2007 showing that King County, based on recent growth trends, has been and will { continue to grow faster than what was anticipated in previous forecasts over the next 20 to 25 years. Hubner stated that allocation of growth targets in King County happens under the I purview of the GMPC, a representative body of elected officials from throughout the County. The GMPC adopts the CPPs and they must be ratified by the County and the Cities after they are adopted by the GMPC and the County Council. The GMPC is considering updates to those targets as part of the 2009 work program. Current targets cover a planning period up to 2022. Updating the Comprehensive Plan in 2011 will extend the planning period out to 2031. Hubner stated that the CPP's provide guidance to the countywide group adopting the targets as well as to each of the cities. He stated that targets are built jointly, whereby each jurisdiction takes a fair share of that growth based on best available data, existing CPP's, and a range of local factors including policies, market and growth trends. f Hubner stated that the CPP's establish policy frameworks for the allocation of those targets among the cities in the unincorporated areas which include limiting growth } in rural and resource areas, focusing growth within urban growth areas and within cities that have designated urban centers. The City of Kent's downtown is a designated urban center. Kent also has a manufacturing industrial center. Both types of centers are conceived of as current locations for growth in the county. Hubner stated that land use pattern results from our target allocations tended to be efficient in terms of providing infrastructure and transit service. He stated that Suburban Cities endeavor to achieve a jobs-housing balance among four large subareas of King County; Seattle, Shoreline, East County, South County. Hubner stated that Vision 2040, the regional long range strategy for growth management, transportation, and economic development, is a major new factor being considered in allocating growth targets in the cities. Hubner stated that Vision 2040 contains Multicounty Planning Policies (MPP), although similar to CPPs, they are more general and cover a larger geographic area. They provide policy guidance for regional, countywide and local PEDC Minutes February 9, 2009 Page 2 of 8 1 3 implementation. Under the amended Vision Plan, our CPPs must be amended by December 2010 to comply with the MPPs. Hubner stated that Vision 2040 contains a Regional Growth Strategy (RGS), a new element of the vision plan that lays out a desired pattern for growth in the region over 40 years. The RGS sets quantitative guidance in terms of percentages or shares of future growth in population and in jobs. Hubner stated that the RGS retains the local discretion within King County to assign individual targets to each city while also setting broader objectives for bending the trend away from past growth patterns. The RGS specifically calls for increasing the amount of growth in mid to large size cities, especially cities with designated centers, which is consistent with the CPPs. The RGS calls for decreasing growth in rural areas, and in the urban unincorporated areas in smaller cities. Hubner stated that the RGS calls for increasing the jobs-housing balance across the four counties in the Puget Sound Region. Hubner stated that several overlapping GMA mandates are satisfied by adopting newly updated targets now, and gives the cities, including Kent, adequate time to obtain funding, form new information to plan sufficiently for the future growth that is coming over the next 20-25 years. Hubner stated that by adopting the targets within the time frame for updating the remainder of the CPPs, compliments that process and ensures that we have countywide local policies that comprehensively are consistent with Vision 2040. Hubner stated that Planning Directors from cities throughout the County have been meeting to identify relevant policies. He stated that based on local review and Council input, Suburban Cities will develop draft targets for submittal to the GMPC in July of this year. GMPC is scheduled to adopt growth targets in September of this year, providing Kent with nearly two years of the planning process. Satterstrom stated that staff will bring new information back to Committee within the next couple of months, with respect to Kent's employment and household targets, on which our 2011 amendments to our Comprehensive Plan will be based. Shoreline Master Program Update (Information) Satterstrom introduced Erin George as the primary staff person on the Shoreline Master Program (SMP) together with consultants from Makers and the Watershed Company. Satterstrom stated that the Shoreline Management Act (SMA) was passed in 1971. It is the first legislative act where State approval is required for anything that the local government does in terms of planning. Shorelines at that time were PEDC Minutes February 9, 2009 Page 3 of 8 4 designated of statewide significance. It was felt that the State needed to look at 1 development in and along shorelines, rivers and lakes. Satterstrom explained that the State approves the SMPs adopted by every City in the State, and any permit issued along the shoreline is routed to the State of Washington for approval. He stated that Kent has never had a permit overturned by the Department of Ecology (DOE), and Kent's SMPs have always been approved by the State, in part because SMP expectations are spelled out in the Washington Administrative Code (WAC) in definitive terms. ,I Satterstrom stated that at the beginning of the adoption process, Kent held a number of open houses on the SMP. Staff has been working with a citizens' ` advisory committee. Staff still has not submitted the draft for DOE comments yet. ! Once the city has received the state comments, it will allow us to draft a proposal that will then go through the public vetting process. Satterstrom stated that hearings will be held with the Land Use and Planning Board, with more open houses held prior to adoption of the SMP by Kent City Council Planner Erin George stated that Kent is at the midpoint in the SMP update process, c and defined the key components of the SMP preliminary draft. She stated that the objectives of the SMA are three-tiered; with an environmental quality element, water-oriented uses element, and a public access element. George stated that the SMP is administered jointly by Washington State DOE and local government. The SMA regulates lakes over 20 acres in size, including manmade lakes, and lands within 200 feet of the ordinary high water mark of those water bodies and wetlands located in the flood plains of streams in the area. New flood plain maps have been drawn up by FEMA, and those additional flood plains will now be regulated, citing the Green River Valley area. 5 I George stated that State Legislation requires Kent to adopt an updated SMP by December 1, 2009. George stated that Kent received a DOE grant in the amount of $190,000, which terminates in June. Staff is working to ensure that Kent meets that deadline and is close to adoption prior to depletion of the grant funds. George stated that the SMP is part of the Comprehensive Plan's goals and policies update. She stated that environmental designations determine the type of environment you have around a particular area and which regulations corresponds with that environment. The three shorelines under our current SMP are Lake Meridian, the Green River and the Big Soos Creek. The SMP currently defines shoreline designations as Urban River Resource and Lake Residential. George stated that as part of the preliminary draft SMP update staff is proposing additional designations that are more specific to use. She noted that even if an action such as building a dock is exempt from a shoreline permit (known as a PEDC Minutes February 9, 2009 ` Page 4of8 1 5 substantial development permit), an applicant is required to submit a request for exemption, and a plan of action that indicates how they meet the regulations of the SMPs. George spoke about general regulations, regulations specific to the environmental designations, Shoreline Modification Regulations (SMR) that affect those things which alter the shoreline itself, and use regulations specific to residential and industrial development. George defined the Environmental Designations included in the Preliminary Draft SMP as Shoreline Residential, High Intensity, Urban-Conservancy Low Intensity, Urban Conservancy Open Space, Natural Wetlands, Low Density (primarily includes urban separator areas and open space), and Aquatic. George stated that Kent's Critical Areas Regulations apply to wetlands in shoreline jurisdictions. Staff is proposing to adopt this Critical Areas Ordinance (CAO) by reference in the SMP. She stated that Kent's environmental designations are consistent with the Comprehensive Plan. George stated that consultants drafted an inventoried analysis report; a scientific document known as the Cumulative Impacts Analysis (CIA), which characterized each shoreline with their existing land uses, and identified restoration and public access opportunities. The document sets the stage for environmental designations; and the policies and regulations that are written into the SMPs. George stated that staff submitted the draft to DOE, received comments back, and are in the process of finalizing the report from DOE's final version which will be incorporated within the SMP. George stated that DOE, through the CIA, requires the city to evaluate cumulative impacts, those impacts caused by reasonably foreseeable future development. Cities have to ensure in drafting their regulations that these impacts do not cause a net loss of ecological functions of the shoreline. George stated that although the CIA is not an adopted document, some cities have adopted them by resolution, so that it is more formalized but is not codified with the SMPs. George stated that Chapter 8 of the SMP includes goals, policies, and actions for restoration of shoreline impacts, addresses what the City is doing and plans for future projects. George cited the Green River as a Shoreline of statewide significance, and noted the Lake Fenwick will be included in Kent's SMP. The southern portion of Lake Fenwick is located in King County and will be included in the county's SMP which is in the process of being updated. George stated that Lake Meridian is included in the SMP, surrounded by residential, multifamily residential developments, a mobile home park, and a large city park. She stated that Big Soos Creek, is located in our urban separator area near PEDC Minutes February 9, 2009 Page 5 of 8 6 Highway 18, currently consisting of open space with a couple large independent parcels. George stated that Panther Lake is located in the Potential Annexation Area (PAA), I therefore is included in the SMP. King County is writing regulations for this area. In the event of annexation Kent would update the SMP with King County's standards. The lake is a wetland surrounded by some residential, large lots, open i space and agriculture at the northern end. George stated that the Green River Natural Resources area, though not a natural lake, is greater than 20 acres in size, so must be included in the SMP. It is a large parcel containing wetlands and is maintained by the city as a wildlife preserve. Staff is proposing amendments to the SMP that include reducing setbacks from 200 feet to 140 feet; and includes allowances for reconstruction. Water-oriented commercial will be permitted within parks. George spoke about the changes to the Residential Dock Standards, impervious 5 surface incentives for planting, and minimum setbacks. She spoke about the need for Kent to rebuild levees. She stated that staff has included an amendment in the SMP for levee reconstruction setbacks, with a provision in the preliminary draft that allows the city to reduce or increase a 140 foot setback as needed for levee reconstruction. George stated that with respect to residential docks, staff proposes that docks be replaced with the same dimensions as existing docks, replacing the surface with grated decking, an alternative type of decking that allows light to pass through and is important for fish habitat. It is preferable to wood decking, in that the decking does not get as hot in the summer, doesn't splinter, nor get as slippery. George stated that staff is proposing a reduction in maximum size and width for new decks based on the no net loss concept. She stated that if the regulations were to allow replacement of existing docks with their same foot prints, than new docks would need to be reduced in size to offset that. George stated that the preliminary draft proposes a 420 square feet maximum for a single use dock. With a joint use dock, the first 30 feet would be four feet wide, with an increase to six (6) feet in width beyond the first 30 feet length. George stated that staff is proposing a maximum of 35 percent impervious surface for those properties located on the lake, although this is not a state requirement. George stated that staff proposes to retain the averaging of adjoining neighboring properties to protect use with respect to setbacks on Lake Meridian. Staff proposes increasing setbacks from 25 to 75 feet with exceptions for decks. First story decks less than two feet in height may be built no closer than 50 feet from the shoreline. PEDC Minutes February 9, 2009 Page 6 of 8 7 George stated that a Citizen's Advisory Committee (CAC) comprised of six community members, met monthly from March 2008 through January 2009. Two public open houses were held; one in October 2008 with 25 people in attendance and an open house February 9, 2009 with 22 people in attendance. Comments received from the public and through the CAC were considered in the SMP development process. The CAC reviewed the draft preliminary SMP at a wrap-up meeting held on January 26tn George stated that the draft preliminary SMP was posted on the Website for public comment and has been sent to applicable agencies and interest groups for their comments. Staff has received 14 written comments thus-far from citizens, of which some of those comments have been incorporated in the SMP. George stated that staff hopes to submit the preliminary draft SMP to the DOE this month, for their initial review and response. Staff will continue to collect and review public comments and those from agencies, than incorporate those comments from the public and the DOE once staff receives them. SEPA will be conducted within the next couple months, at which time the local process will begin which will include holding a public hearing, followed by consideration by Kent City Council for adoption. The final locally adopted SMP will be sent to DOE. DOE will hold a second public hearing, to include any comments Kent may have overlooked. After a 30-day comment period, approval will hopefully be granted and the SMP will be in effect. Clark questioned why the SMA has to be approved by the DOE. In response, George cited WAC 173.26.010. George addressed questions raised by Danielson with respect to floating docks, dock heights, dock replacement, boat houses, boat canopies, boat lifts, and if the new draft SMP relates better to the CAO. Sally McDonough, 26441 137th Avenue SE, Kent, 98042 stated that she supports the 35% impervious surface requirement suggested by the consultants, but noted that adding an extra 3,000 square feet of impervious surface on those properties, will dump gallons of water into the Lake. Sharon Bosse 25739 135th Avenue SE Unit 41 Kent WA voiced her concerns related to wetland issues, citing an issue with the project on the northwest corner of the lake, where a wetland issue was never resolved. She stated that she would like to see that a qualified professional first determine if something is or is not a wetland so that this does not become an issue on other properties in the future and than those wetlands can be accurately delineated on the city's maps. PEDC Minutes February 9, 2009 Page 7 of 8 8 George stated that when anyone comes to the city to submit a proposal for a new l development, staff informs that person if the City thinks there may be a wetland on or near the property, based on the inventory maps. The applicant is required to hire a qualified biologist to visit the site, delineate it, then the City's qualified f biologist reviews that report to make sure they agree with it. George stated that she had worked on the wetlands for the project known as I Meridian Banks. She stated that the City was unaware of the wetland on this particular parcel noting that Kent's wetland inventory maps are typically accurate. She stated that the inventory of wetlands is not a part of this effort. Albertson thanked staff for their efforts with this project, and looks forward to hearing what DOE's comments are and how close the city is to having an adoptable SMP. f Adjournment Chair Albertson adjourned the meeting at 6:45 p.m. Pamela Mottram Community Development/Planning Services Secretary i f l_ r I PEDC Minutes February 9, 2009 Page 8 of 8 1 • KENT WASHINOTON CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES February 10, 2009 COMMITTEE MEMBERS: Les Thomas, Jamie Danielson, and Ron Harmon, Chair • The meeting was called to order by Chair Ron Harmon at 5:04 PM. • Chair Harmon asked for changes and additions. Item #6 was posted incorrectly as an Action item, but is a non-Action item. Item #8 was pulled from the agenda by Law Department. Item #5A was added as an additional Action item. 1. Approval of Minutes L. Thomas moved to approve the minutes of the January 13, 2009 meeting. The motion was seconded by J. Danielson and passed 3-0. 2. National Night Out - INFO ONLY Chief of Police Steve Strachan introduced Public Education Specialist Sara Wood who reported that the City of Kent's NNO was awarded third place in 2008 among cities in the same population category. This year's event will occur on Tuesday, August 4tn 3. MetLife Award application - AUTHORIZE Chief Strachan and Sara Wood explained that funds would be used for the eradication of graffiti within the city. L. Thomas moved to authorize the Kent Police Department to apply for the MetLife Foundation Community-Police Partnership Award in an amount not to exceed $25,000. The motion was seconded by J. Danielson and passed 3-0. 4. Drug Free Communities Support Program grant application - AUTHORIZE Chief Strachan introduced Public Education Specialist Stacy Judd who explained the purpose of the continuation funding for the second year of the five year program period. J. Danielson moved to recommend authorizing the Kent Police Department to apply for the Drug Free Communities Support Program grant in the amount of $54,370. The motion was seconded by L. Thomas and passed 3-0. S. Washington Auto Theft Prevention Authority grant application - AUTHORIZE Chief Strachan explained the funds would be used to purchase one Automated License Plate Reader (ALPR), one server, and supporting hardware and software. J. Danielson moved to authorize the Kent Police Department to apply for a Washington Auto Theft Prevention Authority grant not to exceed $45,500. The motion was seconded by L. Thomas and passed 3-0. 5A. Washington Auto Theft Prevention Authority grant application - AUTHORIZE Chief Strachan introduced Lt. Bob Holt who explained the funds would be used to purchase equipment and technology for the Prevention of Auto Theft through Regional Operational Links (PATROL) task force. Kent PD is the fiscal agent for PATROL. J. Danielson moved to authorize the Kent Police Department to apply for a Washington Auto Theft Prevention Authority grant not to exceed $34,000. The motion was seconded by L. Thomas and passed 3-0. i 6. Intersection Safety - INFO ONLY Chief Strachan reviewed options - photo enforcement, emphasis patrols and delaying signal changes on stop lights. Police Captain Bob Cline and Public Works Director Larry Blanchard joined the discussion that ensued with the Committee members. Committee members asked for public education, traffic emphasis and further study on signal changes on stop lights prior to any photo enforcement. 7. Amend Kent City Code 9.02.210 and 9.02.230 - Add ShoWare Center as Public Facility - ADOPT Chief City Prosecutor Tami Perdue explained the purpose of the amendment. L. Thomas moved to recommend Council adopt the proposed ordinance which amends sections 9.02.210 and 9.02.230 of the Kent City Code to add ShoWare Center as a public facility for enforcement purposes of the City's criminal code. The motion was seconded by J. Danielson and passed 3-0. 8. Item was pulled from Agenda by Law Department. 9. Proposed Ordinance - Prohibit Retail Sale of Novelty Lighters - ADOPT Fire Chief Jim Schneider reviewed the purpose of the ordinance which would go into I! effect 90 days following adoption by the City Council. J. Danielson moved to recommend Council adopt the proposed ordinance, in a form similar to that presented to the Committee and acceptable to the City Attorney, which bans the retail sale of novelty lighters within the City of Kent. The motion was seconded by L. Thomas and passed 3-0. 10. Presentation of Fire Department's 2009 Work Plan - INFO ONLY Chief Jim Schneider distributed copies of the Work Plan and reviewed the document. 11. Hazardous Materials Response Plan - AUTHORIZE Chief Jim Schneider recognized Brian Felczak for his work on the extensive document. L. Thomas moved to authorize the Mayor to sign the Hazardous Materials Response Plan. The motion was seconded by J. Danielson and passed 3-0. The meeting adjourned at 6:35 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 February 10, 2009 i PUBLIC WORKS COMMITTEE MINUTES February 2, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Deborah Ranniger and Committee Member Ron Harmon and Debbie Raplee were present. The meeting was called to order at 5:03 p.m. ITEM 1- Approval of Minutes Dated January 26, 2009 Committee Member Raplee moved to approve the minutes of January 26, 2009. The motion was seconded by Harmon and passed 3-0. ITEM 2— Olympic Environmental Resources — Consultant Contract Agreement: Environmental Engineering Manager, Mike Mactutis explained that Olympic Environmental Resources organizes implements and provides management for the City of Kent's Waste Reduction and Recycling Programs, including Special Recycling and Collection events, Business and Multi-family recycling programs, compost bin sales and outreach and education. This consultant agreement, in the amount of $66,760, is for implementing special programs, education and outreach for the City's waste reduction and recycling program in 2009, benefiting the citizens and businesses of Kent. Harmon moved to recommend authorization for the Mayor to sign the Olympic Environmental Resources Contract Agreement for Waste Reduction and Recycling Activities and Programs for 2009 in the amount of $66,760, 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 3 — Surplus Stormwater Utility Property — Frager Road: Environmental Engineering Manager, Mike Mactutis summarized that the City of Kent surface water utility owns five buildings and approximately one hundred eighty four (184) ecology blocks on city real property located at 24955 Frager Road S., in King County. He further explained that staff has determined that the buildings and ecology blocks are surplus to the needs of the city and, in fact, are negative improvements; the property is designated for surface water utility use, and Salmon Recovery Board funding requires that the property be cleared. Raplee moved to recommend that City Council set February 17, 2009 for public hearing and thereafter adopt a resolution, in a form similar to that presented to the Committee, that would surplus surface water utility buildings and ecology blocks and authorize the Public Works Director to dispose same for fair market value, if any. The motion was seconded by Harmon and passed 3-0. Page 1 of 2 P;\Administration\PWCommitteeIQM2\PWMinutes 02 09.doc 2 PUBLIC WORKS COMMITTEE MINUTES February 2, 2009 ITEM 4 -Information Only/Filtration Plant for Pipeline 5: Public Works Director, Larry Blanchard, introduced Tacoma Public Utilities Water Quality Section Manager, Chris McMeen, and Superintendent of Water Utility, John Kerner to the Public Works Committee. Chris McMeen presented an informative PowerPoint presentation titled "Tacoma Long Term 2 Enhanced Surface Water Treatment Rule (LT2), The Cryptosporidium Decision." He explained that the current unfiltered stream doesn't have any protection against Cryptosporidium which is mandated to be treated for by April 4, 2014. The most efficient treatment for cryptosporidium is filtration. Committee-member Raplee asked if a variance could be requested from the Department of Health and the answer from Chris was that it was installed by April 4, 2014. Tacoma Water is very unlikely to succeed in challenging the rule or attempt to prove the variance. Chris McMeen explained (I the pro's and con's of UV light treatment versus filtration. He gave an overview of the decision making process and its schedule. He briefly discussed the financial obligation of the City of Kent and other partners for the installation of the proposed improvements. Information Only No Motion Required S `, ITEM 5 - Information Only/Waste Water Master Plan-Update: Public Works Director, Larry Blanchard gave an update on the status of the Waste Water Master Plan. It is the last one in the Master Plan series. Currently some short and long term cost is being evaluated; looking into a possible stimulus package funding program for f advanced zero discharge waste-water treatment facilities and reclaimed water facilities. The final proposal is anticipated at the end of the second quarter of 2009. Information Only No Motion Required 1 I Adiourned: The meeting was adjourned at 5:51 p.m. Next Scheduled Meeting for: Cancelled meeting on Monday, February 16, 2009 due to the Presidents Day Holiday. There will be a special Public Works Committee Meeting to be held on I Monday, February 23, 2009 at 5:00 p.m. Katcha Harmaning, Administrative Secretary I I I Page 2 of 2 U:\PWCommittee\Minutes\PWMinutes 02 09.doc CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION i i i i I i i r r r i i i i