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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/07/2009 t � n u City of Kent City Council Meeting Agencla April 7, 2009 Mayor Suzette Cooke Debbie Rap lee, Council President Councilmembers Elizabeth Albertson Ron Harmon Tim Clark Deborah Rann ger Jamie Danielson Les Thomas I � KENT WASH I NGTON City Clerk's office KENT CITY COUNCIL AGENDAS KEN T April 7, 2009 W A H I N 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. Transportation Impact Fee Program Larry Blanchard 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 \,V 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. Earth Day Proclamation D. Arbor Day Proclamation -- Records and Information Management Month Proclamation F. Employee of the Month G. Economic Development Update H. Legislative Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Advance Refunding of the 1999 LTGO Bond Issue Ordinance - Adopt D. Highline School District Rental Agreement for Camp Waskowitz - Authorize � (Continued) COUNCIL MEETING AGENDA CONTINUED E. Amendment to Conservation Futures Interlocal Cooperation Grant Agreement with King County for Open Space Acquisition Projects - Authorize F. Residential Traffic Calming Program Resolution - Adopt G. Upper Meridian Valley Creek Culvert Replacement at SE 234th - Release of Infrastructure Improvements and Bill of Sale to Soos Creek Water and Sewer District - Accept H. Lake Meridian Outlet - Release of Infrastructure Improvements and Bill of Sale to Soos Creek Water and Sewer District - Accept I. Lake Meridian Outlet - Release of Infrastructure Improvements and Bill of Sale to King County Water District No. 111 - Accept J. Earthworks Park Dam Improvements - Accept as Complete 7. OTHER BUSINESS A. Retsolution to Collaborate with OI ,e Federal Way School District - Adopt U 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation B. Property Acquisition 12. ADJOURNMENT DD NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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Blanchard, Public Works Director Phone: 253-856-5500 � KEN T Fax: 253-856-6500 WASHINGTON Address: 400 West Gowe Kent, WA. 98032 Memorandum DATE: April 1, 2009 TO: Council President Debbie Raplee and Councilmembers THROUGH: Larry Blanchard, Public Works Director FROM: Cathy Mooney, Senior Transportation Planner CC: Steve Mullen, Transportation Engineering Manager RE: Transportation Impact Fee discussion at Workshop on 4/7 At Workshop on April 71h, we will provide a short Power Point presentation regarding Transportation Impact Fees. This will be a review of information you have already seen and we will keep it short. We anticipate the majority of the meeting will be in a question and answer format for Council to ask Transportation staff and TMP consultants for clarification on any outstanding issues and to discuss this topic among the group. Staff will be looking for direction so that we can bring the Transportation Impact Fee Ordinance to Council for action at the earliest possible Council meeting. The following items are provided for clarification on the subject because some of these issues have come up in the last couple of months. Forgive me if it's repetitive. The Transportation Master Plan and Transportation Element of the City's Comprehensive Plan which were adopted on June 17, 2008 contain a variety of projects which will cost between $511 million and$595 million over the next 20 years. A key component of the Growth Management Act is the requirement that the Transportation Element implement the Land Use Element and that it have a feasible multi-year financial plan in place. The TMP was based on the City's adopted Land Use Plan. The projects identified are the minimum amount of streets improvements needed to support the City's 2030 Land Use Plan and maintain an acceptable Level of Service Standard without unduly burdening the streets with congestion. All available options of transit,bicycle and pedestrian facilities were taken into account in the future scenarios so we could plan a multi-modal transportation system. The funding chapter of the TMP identified a number of existing and potential funding sources. A key element of the future funding package was assumed to be Transportation Impact Fees. These impact fees would replace the current Environmental Mitigation Fees which are sometimes called Corridor Fees. Memorandum: April 2,2009 Page: 2 The rationale for charging impact fees is based on the premise that development should pay for the cost of providing the facilities necessary to accommodate growth. It recognizes that the infrastructure demanded to meet the needs of new growth is beyond that which could be absorbed by existing property tax revenues. While impact fees do not reflect the full price of infrastructure improvements, they do make the economic linkage between those paying for and those receiving the benefits more direct, and so promote economic efficiency. In other Cities, impact fees have been found to provide a measure of predictability for developers. They also provide consistency from one project to another and over time. After the initial adjustment period which might last a few months, development levels tend to return to their normal patterns with no discernable drop off attributable to impact fees. Attached are some examples for you to review. We hope it is easy to understand. It gives you four different fee options. Of course, Council could choose to implement the full Transportation Impact Fee or any proportional amount you might choose. You are not restricted by these examples. These are simply illustrative for some typical land use types. Please give me a call (856-5564)or email(cmooney(cci.kent.wa.us)me if you have any questions between now and Tuesday afternoon. We hope you will have a chance to read the Rate Study for Transportation Impact Fees which we put in your mail slots two or three weeks ago. We are looking forward to discussing this issue with you. Clarification of Terms Project List-$511 Million The Transportation Master Plan(TMP)project list is based on the 2008-2013 Transportation Improvement Program (TIP)plus some projects identified in the TMP analysis which are needed by 2030 to meet the adopted Level of Service(LOS)Standards. Transportation Impact Fee-Eligible Project List-$462.8 Million The amount of the project list which includes strictly capacity projects. This does not include stand-alone bicycle or pedestrian projects nor transit partnerships. Transportation Impact Fee Costs-$176.5 Million The amount of the project list which is eligible for a Transportation Impact Fee is that which is left after subtracting the following two items from the total project list: existing deficiencies and growth outside of Kent which passes through Kent. Value of Money All dollars are shown in 2007 equivalent values. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, creating a new chapter 12.14 to planning and development, title 12, of the Kent City Code, entitled "Transportation Impact Fees" authorizing the collection of transportation impact fees; providing findings and definitions; providing for the time of payment; providing exemptions and credits; providing for the appeals of fees and other determinations; providing for the establishment of road impact fee accounts, refunds, and the use of funds; providing for reviews and adjustments of fee schedules; providing the schedules for impact fees and authorizing independent fee calculations; and providing for certain other matters in connection therewith. RECITALS A. The City Council of the City of Kent (the "Council") finds that new growth and development in the City of Kent will create additional demand and need for public facilities. B. The City of Kent is authorized by Chapter 82.02 RCW to require new growth and development within the City of Kent to pay a proportionate share of the cost of new facilities to serve such new development activity through the assessment of impact fees. C. The impact fees assessed pursuant to Chapter 82.02 RCW 1 Transportation Impact Fees r must be based upon a showing that new growth and development creates additional demand and need for public facilities, that the impact fees do not exceed a proportionate share of the costs of such additional public facilities, and that the fees are spent for facilities reasonably related to the new growth and development. D. The City of Kent is authorized by Chapter 82.02 RCW to impose impact fees for system improvement costs previously incurred by the City of Kent to the extent that new growth and development will be served by the previously constructed improvements. E. Impact fees may be collected and spent for system improvements that are included within a capital facilities plan element of a comprehensive plan. F. The City of Kent has adopted a list of transportation capital facilities in the Transportation Element of the Comprehensive Planwhich list is also adopted by reference in the Capital Facilities Plan Element. G. RCW 58.17.110 and RCW 58.17.060 require the Council and administrative personnel to make written findings that public facilities such as roads and streets are adequate before approving proposed subdivisions, dedications, short plats, and short subdivisions. H. To meet these requirements with respect to public streets and roads, the Council finds that it must assure that public streets and roads are adequate to serve new growth and development. I. The Council finds that it is in the public interest, and consistent with the intent and purposes of the Growth Management Act, RCW 36.70A et seq., for the City of Kent to adopt transportation impact fees which are uniform to the greatest extent practicable. J. The City of Kent has conducted extensive research and 2 Transportation Impact Fees analysis documenting the procedures for measuring the impact of new growth and development on public streets and roads, and has prepared the report "Rate Study for Transportation Impact Fees, City of Kent," dated January XX, 2009 ("Rate Study") which serves as the basis for the actions taken by the Council. K. The Council hereby incorporates the Rate Study into this ordinance by reference. The Rate Study utilizes a methodology for calculating transportation impact fees which fulfills all of the requirements of RCW 82.02.060(1). L. Based on information in the Rate Study, the Council has determined that the City of Kent is composed of one service area for purposes of assessing transportation impact fees. M. In developing the impact fees for public facilities contained in this ordinance, the City of Kent has provided adjustments for past and future taxes paid or to be paid by new growth and development, which are earmarked or proratable to the same new public facilities that will serve the new growth and development. N. The City of Kent conducted extensive series of meetings with an advisory task force and community meetings, and an informational workshop on transportation impact fees on August 4, 2008, and duly noticed and conducted a public hearing before the Public Works Committee of the Council on August 4, 2008. Public comment was taken and the ordinance was considered by the Council of the whole on August , 2008. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 3 Transportation Impact Fees SECTION 1. -Create. The Kent City Code is amended to add a new Chapter 12.14, entitled "Transportation Impact Fees," as follows: Chapter 12.14 TRANSPORTATION IMPACT FEES Sec. 12.14.010. Title. This code shall be hereinafter known as the City of Kent transportation impact fees. Sec. 12.14.020. Purpose and Intent. The purpose and intent of this chapter is for the collection of impact fees for streets and roads, and , providing for certain other matters in connection therewith. Sec. 12.14.030. Findings and authority. The City Council of the City of Kent hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development in the City of Kent will create additional demand and need for public facilities in the City, and the Council finds that such new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The City of Kent has conducted extensive research and analysis documenting the procedures for measuring the impact of new developments on public facilities, has prepared the "Rate Study for Transportation Impact Fees, City of Kent" dated January XX, 2009 ("Rate Study"), and incorporates that Rate Study into this title by this reference. The Rate Study utilizes a methodology for calculating impact fees that fulfills all of the requirements of RCW 82.02.060(1). A copy of the Rate Study shall be kept on file with the City Clerk and is available to the public for review. Therefore, pursuant to Chapter 82.02 RCW, the Council adopts this title to assess impact fees for streets and roads. The provisions of this title shall be liberally construed in order to carry out the purposes of the Council in establishing the impact fee program. 4 Transportation Impact Fees Sec 12.14.040. Definitions. The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. A. AccessoryDwelling Unit means a dwelling unit that has been added 9 9 onto, created within, or separated from a single-family detached dwelling for use as a complete independent living unit with provisions for cooking, eating, sanitation, and sleeping. An accessory dwelling unit must be on the same lot with the single-family detached dwelling unit. B. Building Permit means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure. C. Capital Facilities Plan means the capital facilities element of the City`s Comprehensive Plan adopted pursuant to RCW 36.70A and such plan as amended. D. City means the City of Kent. E. Council means the City Council of the City of Kent. F. Department means the City s Department of Public Works. G. Development Activity means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that generates at least one p.m. peak hour trip. H. Development Approval means any written authorization from the 5 Transportation Impact Fees City of Kent which authorizes the commencement of a development activity. I. Director means the Director of the Department of Public Works or t the Director's designee. J. Dwelling Unit means a single unit providing complete and independent living facilities for one or more persons, including independent facilities for living, sleeping, eating, and cooking needs. y K. Encumbered means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. L. Feepayer is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for additional system improvements and which requires the issuance of a building permit. "Feepayer" includes an applicant for an impact fee credit. i M. Gross Floor Area is as defined in KCC 15,02.1707. is N. Hearing Examiner means the examiner who acts on behalf of the City in considering and applying land use regulatory codes as provided under the Kent City Code. Where appropriate, "Hearing Examiner" also refers to the Office of the Hearing Examiner. See, KCC 15.02.186. O. Impact fee means a payment of money imposed by the City of Kent on development activity pursuant to this title as a condition of granting development approval. "Impact fee" does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, or the cost of reviewing independent fee calculations. 6 Transportation Impact Fees r P. Independent Fee Calculation means the street and road impact calculation, and/or economic documentation prepared by a feepayer, to support the assessment of an impact fee other than by the use of the rates listed in KCC 12.14.190, or the calculations prepared by the Director where none of the fee categories or fee amounts in KCC 12.14.190 accurately describe or capture the impacts of the development activity on public facilities. Q. Interest means the average interest rate earned in the last fiscal year by the City of Kent. R. ITE Land Use Code means the classification code number assigned to a type of land use by the Institute of Transportation Engineers in the Seventh Edition of Trip Generation. S. KCC means the Kent City Code or, when followed by a numerical designation, a provision of the Kent City Code. T. Owner means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded. U. Permit for change in use means an official document which is issued by the Building Official or Planning Manager or their designees and which authorizes a change in use of an existing building or structure or land that does not require a building permit. V. Planned Unit Development or PUD shall have the same meaning as set forth in the Kent Municipal Code. W. P.M. Peak Hour means the sixty-minute period between 4:00 and 6:00 p.m. which experiences the highest volume of traffic on a road or street or passing through a road or street intersection. 7 Transportation Impact Fees I I X. P.M. Peak Hour Trips means the total vehicular trips entering and leaving a place of new development activity on the adjacent public road or street during the p.m. peak hour. i Y. Project Improvements mean site improvements and facilities that f are planned and designed to provide service for a particular development project and are necessary for the use and convenience of the occupants or users of the project, and, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the Council shall be considered a project improvement. Z. Public Facilities, for purposes of this chapter, means the following capital facilities owned or operated by the City of Kent or other j governmental entities: public streets and roads. AA. Rate Study means the "Rate Study for Transportation Impact Fees," City of Kent, dated January XX, 2009. BB. Residential or Residential Development means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. CC. RCW means the Revised Code of Washington or, when followed by a numerical designation, a provision of the Revised Code of Washington. DD. Square Footage means the square footage of the gross floor area of y the development. EE. Street or Road means a public right-of-way and all related appurtenances, which enables motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and affords the principal I means of access to abutting property, including avenue, place, way, drive, 8 Transportation Impact Fees i i lane, boulevard, highway, street, and other thoroughfare. For purposes of this chapter, public streets and roads are collectively referred to as "transportation." FF. System Improvements means public facilities that are included in the City of Kent's capital facilities plan, and such plan as amended, and are designed to provide service to service areas within the community at large, in contrast to project improvements. GG. Transportation means public streets and roads and related appurtances. HH. Transportation Impact Fee Account(s) means the account(s) established for the transportation impact fees that are collected. The account(s) shall be established pursuant to KCC 12.14.100, and shall comply with the requirements of RCW 82.02.070. Sec. 12.14.050. Transportation Impact Fees Methodology and Applicability. The transportation impact fee rates in KCC 12.14.190 are generated from the formula for calculating impact fees set forth in the Rate Study, which is incorporated herein by reference. Except as otherwise provided for independent fee calculations in KCC 12.14.070, exemptions in KCC 12.14.080, and credits in KCC 12.14.090, all new development activity in the City will be charged the transportation impact fee applicable to the type of development as set forth in the Transportation Impact Fee Schedule in KCC 12.14.190. Sec. 12.14.060. Assessment of Impact Fees. A. The City shall collect impact fees, based on the rates in KCC 12.14.190, from any applicant seeking development approval from the City for any development activity within the City, where such development activity requires the issuance of a building permit or a permit for a change in use. This shall include, but is not limited to, the development of 9 Transportation Impact Fees I residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional system r improvements as well as a change in existing use that creates a demand for additional system improvements. B. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. No reduction based on prior use shall be make for a structure that has been vacant or otherwise not actively in that prior use for a period of one year or longer. C. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in KCC 12.14.190. D. Impact fees shall be assessed at the time the complete application ti for a building permit or a permit for a change in use is submitted using the I impact fee rates then in effect. Impact fees shall be due and payable before the building permit or permit for a change in use is issued by the f City. E. Applicants that have been allowed credits prior to the submittal of the complete building permit application or an application for a permit for f ' a change in use shall submit, along with the complete application, a copy of the letter or certificate prepared by the director pursuant to KCC I 12.14.190 setting forth the dollar amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time a building permit or permit for a change in use is issued. 10 Transportation Impact Fees f F. Where the impact fees imposed are determined by the square footage of the development, a deposit shall be due from the feepayer at the same time that a complete application for a building permit is submitted. The deposit shall be based on an estimate, submitted by the feepayer, of the size and type of structure which will be constructed on the property. In the absence of an estimate provided by the feepayer, the Department shall calculate a deposit amount based on the maximum allowable density/intensity permissible on the property. If the final square footage of the development is in excess of the initial estimate, any difference will be due prior to the issuance of a certificate of occupancy or an occupancy permit, using the rate in effect at that time. The feepayer shall pay any such difference plus interest, calculated at the interest rate which the City of Kent then earns. If the final square footage is less than the initial estimate, the Department shall give a credit for the difference, plus interest at the interest rate which the City of Kent then earns. G. The Department shall not issue the required building or the permit for the change in use until the impact fees set forth in KCC 12.14.180 have been paid as set forth in the fee schedule or in the amounts that they exceed any credits allowable under this chapter. Sec. 12.14.070. Independent Fee Calculations. A. If in the judgment of the director, none of the fee categories or fee amounts set forth in foregoing section of this title accurately describes or captures the impacts of a new development on roads, the department may conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer. B. A feepayer may opt not to have the impact fees determined according to the fee structure in KCC 12.14.190, in which case the feepayer shall prepare and submit to the director an independent fee 11 Transportation Impact Fees 1 I calculation for the development activity for which a building permit is being sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. An independent fee calculation shall use the same methodology used to establish impact fees set forth in KCC 12.14.190, shall be limited to adjustments in trip generation rates and I lengths used in the Rate Study, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road j projects, or cost allocation procedures. C. Any feepayer submitting an independent fee calculation will be required to pay the City of Kent a fee to cover the cost of reviewing the 1 independent fee calculation. The fee required by the City for conducting the review of the independent fee calculation shall be five hundred dollars ($500.00), unless otherwise established by the director, and shall be paid by the feepayer prior to initiation of review. D. There is a rebuttable presumption that the calculations set forth in the Rate Study and the fee set forth in the Fee Schedule are valid. The director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inapplicable, inaccurate or not reliable. The director may require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations therefore shall be set forth in writing and shall be mailed to the feepayer. E. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner as set forth in KCC 12.14.110. 1 Sec. 12.14.080. Exemptions. 12 Transportation Impact Fees i A. Except as provided for below, the following shall be exempted from the payment of all impact fees: 1. Alteration or replacement of an existing nonresidential structure that does not expand the usable space, add any residential units or generate any additional p.m. peak trips. 2. Miscellaneous improvements which do not generate increased p.m. peak trips, including, but not limited to, fences, walls, residential swimming pools, and signs; 3. Demolition or moving of a structure when additional p.m. peak hour trips are not generated. 4. A change of use that does not generate one or more p.m. peak hour trips. 5. Any building permit or permit for a change in use application that has been submitted to the City before 5:00 p.m. the business day before the effective date of this chapter and subsequently determined to be a complete application, based on the information on file as of the effective date of this chapter. B. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this KCC, in any other KCC, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in KCC 12.14.110 and KCC 12.01.190. Sec. 12.14.090. Credits for Dedications, Construction of Improvements, and Past Tax Payments. A. A feepayer can request that a credit or credits for impact fees be awarded to him/her for the total value of system improvements, including dedications of land, improvements and/or construction provided by the feepayer. The application for credits shall be presented by the feepayer on forms to be provided by the department and shall include the content designated in such forms. Credits will be given only if the land, 13 Transportation Impact Fees improvements, and/or the facility constructed are: 1. Included within the capital facilities plan or would serve the goals and objectives of the capital facilities plan; and 2. Are at suitable sites and constructed at acceptable quality as i determined by the City; and 3. Serve to offset impacts of the feepayer's development J activity; and I 4. Are for one or more of the transportation projects listed in the rate study as the basis for calculating the impact fee. B. The director shall determine if requests for credits meet the criteria in subsection A, above or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedure set forth in KCC 12.14.110 and KCC 12.01.190. C. For each request for a credit or credits the director shall select an appraiser or, in the alternative, the feepayer may select an independent appraiser acceptable to the director. D. The appraiser must be an MAI (Member of the American Institute of t Appraisers) and be licensed in good standing pursuant to RCW 18.40 et.seq., in the category for the property to be appraised, and shall not have a fiduciary or personal interest in the property being appraised. E. The appraiser shall be directed to determine the total value of the dedicated land, improvements, and/or construction provided by the feepayer on a case-by-case basis. The resulting appraisal shall be in accord with the most recent version of the Uniform Standards of Professional Appraisal Practice and shall be subject to review by the director and, at the director's discretion, an independent review appraiser selected by the director. I F. The feepayer shall pay for the actual costs for the appraisal and the 14 Transportation Impact Fees review. G. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of any credit, the reason for the credit, the legal description of the real property dedicated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The feepayer must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the feepayer to sign, date, and return such document within sixty (60) calendar days shall nullify the credit. If credit is denied, the feepayer shall be notified in a letter that includes the reasons therefore. H. No credit shall be given for project improvements. I. A feepayer may request that a credit or credits for impact fees be awarded to him/her for past tax payments. For each request for a credit or credits for past tax payments for transportation impact fees, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for past tax payments forsystem improvements. J. Any claim for credit must be made no later than fourteen (14) calendar days after the submission of an application for a building permit or an application for a permit for a change in use. The failure to timely file such a claim shall constitute a final bar to later request any such credit. K. Determinations made by the director pursuant to this Section shall be subject to the appeals procedures set forth in KCC 12.14.110 below; Provided, however, that appeals under this section must be made within 15 Transportation Impact Fees i fourteen (14) calendar days after the director's decision is mailed to the feepayer seeking the credit, such time to be calculated pursuant to KCC f 12.01.190. i Sec. 12.14.100. Adjustments for Future Tax Payments and Other Revenue Sources. Pursuant to and consistent with the requirements of RCW 82.02.060, the Rate Study has provided adjustments for future taxes to be paid by the development activity which are earmarked or proratable to the same new public facilities which will serve the new development. The impact fee rates in KCC 12.14.190 have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. Sec. 12.14.110. Review by Director and Subsequent Appeals. A. A feepayer may pay the impact fees imposed by this title under protest so that the building permit or permit for a change in use can be issued. No appeal shall be permitted until the impact fees at issue have been paid. B. Requests for review regarding the impact fees imposed on any development activity may be filed only by the feepayer for the development activity at issue. " I C. The feepayer must first file a request for review regarding impact fees with the director, as provided herein: 1. The request shall be in writing on the form provided by the City; 2. The request for review by the director shall be filed within I fourteen (14) calendar days after the feepayer's payment of the impact fee at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; 3. No administrative fee will be imposed for the request for review by the director; and 16 Transportation Impact Fees 4. The director shall issue his/her determination in writing. D. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision concerning the independent fee calculation which is authorized in KCC 12.14.070, or any other determination which the director is authorized to make pursuant to this title, may be appealed to the hearing examiner per the provisions for an open record appeal in KCC 12.01.090. E. Appeals shall be taken within fourteen (14) calendar days of the director's issuance of a written determination by filing with the department an appeal as set forth in KCC 12.01.090, such time to be calculated in accord with KCC 12.01.090. The director shall transmit to the office of the hearing examiner papers constituting the record for the determination, including where appropriate, the independent fee calculation. F. The hearing examiner shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the matter as herein provided. G. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be the final determination of the City unless remanded to the department as provided in section H below. H. The hearing examiner may, so long as such action is in conformance with the provisions of this title, reverse, affirm, modify or remand, in whole or in part, the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded. 17 Transportation Impact Fees i Sec. 12.14.120. Establishment of Impact Fee Account. A. Impact fee receipts shall be earmarked specifically and deposited in f a special interest-bearing account. a B. The City shall establish a separate impact fee account for the fees collected pursuant to this chapter: Transportation Impact Fee Account. Funds withdrawn from the account must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the fees shall be retained in the accountand expended for the purposes for which the impact fees were collected. C. On an annual basis, the finance director shall provide a report to the Council on the transportation impact fee account showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings of extraordinary and compelling reasons for the City to hold the fees beyond the six (6) year period. Under such circumstances, the Council shall establish the period of time within which the impact fees shall be expended or i encumbered. Sec. 12.14.130. Administrative Guidelines. The Public Works Director is hereby authorized to adopt internal guidelines for the administration of transportation impact fees, which may include the adoption of a procedures guide for transportation impact fees. Sec. 12.14.140. Refunds and Offsets. I A. If the City fails to expend or encumber the impact fees within six (6) years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to KCC ' 12.14.120, the current owner of the property on which impact fees have i 18 Transportation Impact Fees been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis. B. The City shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant or claimant must be the owner of record of the real property against which the impact fee was assessed. C. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one (1) year of the date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the City and expended on the system improvements for which they were collected. E. Refunds of impact fees or offsets against subsequent impact fees under this section shall include any interest earned on the impact fees by the City. F. When the City seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two (2) times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one (1) year. At the end of one (1) year, any remaining funds shall be retained by the City, but must be expended for the appropriate public facilities. This notice 19 Transportation Impact Fees i I requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. r G. The City shall also refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, however, that, if the City has expended or encumbered the impact fees in good faith prior to the application for a refund, the director can decline to provide the refund. If I within a period of three (3) years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset in the amount of the fee originally paid and not refunded. The petitioner must provide receipts of impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in KCC 12,14.110. Sec. 12.14.150. Use of Funds. A. Pursuant to this title, transportation impact fees: 1. Shall be used for system improvements that will reasonably benefit the new development activity; 2. Shall not be imposed to make up for deficiencies in public facilities; and 3. Shall not be used for maintenance or operation. B. Transportation impact fees may be spent for public improvements to streets and roads as herein defined and, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, i necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. 20 Transportation Impact Fees C. Transportation impact fees may also be used to recoup system improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. Sec. 12.14.160. Periodic Adjustment of Rates. The Council may review and adjust the fee rates set forth in the Rate Study at any time the Council deems just and appropriate, including but not limited to, the annual update of the capital facilities element of the City's comprehensive plan. If the Council does not take action to adjust the fee rates within twelve months after the effective date of this ordinance or within twelve months after the most recent adjustment, whichever time is later, then the Department will adjust the fee rates by the same percentage of change in the most recent amendment of the Washington State Department of Transportation Construction Cost Index. Sec. 12.14.170. Administrative Fees. A. There shall be charged a fee for the administration of the Transportation Impact Fee Program in an amount equal to three hundred dollars ($300.00) or three percent (3%) of the amount of the total traffic impact fee determined from the fee schedules, whichever is greater. The administrative fee shall be deposited by into an administrative fee account within the transportation impact fee funds. Administrative fees shall be used to defray the cost incurred by the City in the administration and update of the transportation impact fee program. The administrative fee is not creditable or refundable. 21 Transportation Impact Fees B. The administrative fee, in addition to the impact fee, shall be paid by the feepayer at the same time as the impact fee. Sec. 12.14.180. Existing Authority Unimpaired. Nothing in this title shall preclude the City from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; so long as the exercise of such authority is consistent with the provisions of Chapter 43.21C RCW and Chapter 82.02 RCW. Sec. 12.14.190. City of Kent Transportation Impact Fee Schedule. TO BE PROVIDED BY CONSULTANT. SECTION 2. - Table of Contents and Captions. The Table of Contents is for convenience only and forms no part of this title. The chapter and section captions used in this title are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this title. SECTION 3. - Severabilitv. If any portion of this title is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other chapter or any other section of this title. SECTION 4. - Short Title. This title shall be known and may be cited as "the City of Kent Transportation Impact Fee Ordinance." SECTION 5. - Effective Date. This ordinance shall become effective 22 Transportation Impact Fees thirty days (30) days from the date of enactment. 1 1 I i 1 23 Transportation Impact Fees 'I i SUZETTE COOKE, MAYOR ATTEST: I� BRENDA JACOBER, CITY CLERK I� APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2009. APPROVED: day of , 2009. PUBLISHED: day of , 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. ;I (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\TransportatlonImpa ctFees-2008.doc 'I i 24 Transportation Impact Fees i H 0) o 0 Lr)0 � 0 0 ) Q) u o 1 O O m am O 4+ C Lr N M l0 i� N m in m Ln 00 a W t"n t`Vir tin v o a) L (6 C c ua LL o a, 0 0 0- 0 0 0 _ a w � o ui O v O Oo U.Of a) m > N l.0 m H ON O E °cO U a) m a �t O �, LV Q = v Q C (-4 , " 0, o` oo o o Oo ` Ln N LL) y a) O to Un to N ^ }' U a) t/? 00 d' O Lf N m ;~ r Q j N m N to to to to m O U 0' CL OL to p O E L E i 0 � to fl 0 N tin" N:.; .. ".. TH Ln o 0 0 0 0 m 11 Ln On O �t O O E U (U - O N m 0) O m > vt m �D m m O a a) to in in N Q E OG in to O .a 3 m m O t% Q W x an a) s a s a a 3 c u tko N � fB f6 - .it3 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 1 rPUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION r B) COMMUNITY EVENTS C) EARTH DAY PROCLAMATION D) ARBOR DAY PROCLAMATION r E) RECORDS AND INFORMATION MANAGEMENT MONTH PROCLAMATION rt m()k-j rF) EMPLOYEE OF THE MONTH j a,r f� ea r 1 G) ECONOMIC DEVELOPMENT UPDATE H) LEGISLATIVE REPORT 1 Kent City Council Meeting Date April 7, 2009 Item No. 6A - 6B ' CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember Ci�ah' seconds to approve Con ent Calendar Items A through J. Discussion ' Action ' 6A. ADDroval of Minutes. Approval of the minutes of the regular Council meeting of March 17, 2009. ' 6B. Approval of Bills. Approval of payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 17, 2009. Approval of checks issued for vouchers: Date Check Numbers Amount 2/28/09 Wire Transfers 3620-3637 $1,709,717.14 2/28/09 Regular Checks 629744-630229 3,518,199.02 Use Tax Payable 714.85 $5,228,631.01 Approval of checks issued for payroll for February 28 and paid on March 5, 2009: Date Check Numbers Amount 3/5/09 Checks 310377-310618 $ 167,945.60 3/5/09 Advices 244986-245757 1557,615.53 $1,725,561.13 Kent City Council Meeting KEN T WASHINGTON March 17, 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, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Hodgson added Public Communications Item F, Fieldstone Neighborhood Council. B. From the Public. (CFN-198) There were no changes from the public. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke noted that all nominees for the Chamber of Commerce's Government Employee of the Year were from the City: Debra LeRoy, Pam Clark, Bob Nachlinger, Kurt Hanson and Ben Wolters, and that Ben Wolters received the award. The Mayor announced that City Attorney Tom Brubaker has received the Washington State Association of Municipal Attorneys Outstanding Service Award, that the Parks Department has received several awards for their brochure, promotional campaign, tee-shirt design, and poster, and that the Kentwood Girls Basketball Team won first place in the state. B. Community Events. (CFN-198) Ranniger announced the upcoming graffiti clean-up day and the Tom Rush concert. C. Reagan Dunn — King County Update. (CFN-198) King County Councilmember Reagan Dunn gave an update on transportation, Howard Hanson Dam, budget, furlough days, safe neighborhoods, illegal dumping, agency coordination, human services, and saving the King County fair. D. Public Safety Report. (CFN-122) Police Chief Strachan updated statistics for February and reported on street racing, personnel changes in the department, and the Drinking Driver Task Force Youth Board billboards. E. Legislative Report. (CFN-198) Michelle Witham, Public Affairs, updated the Council on the status of various Federal, state and local issues affecting Kent, including transportation, Safe Havens, levee repairs, casinos, prostitution, and streamlined sales tax. ADDED ITEM F. Neighborhood Council. (CFN-1304) Toni Azzola explained the neighborhood council program and introduced representatives from the Fieldstone Neighborhood Council. Mayor Cooke presented them with a certificate. CONSENT CALENDAR Raplee moved to adopt Consent Calendar Items A through N. Clark seconded. In reference to Consent Calendar Items F and G having to do with the Landsburg Mine, 1 Kent City Council Minutes March 17 2009 r Harmon thanked staff for hiring an expert environmental attorney and environmental consultant to ensure that the water supply and citizens of Kent are protected. The motion then carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of March 3, 2009, were approved. I B. Approval of Bills. (CFN-104) Payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on March 3, 2009, were approved. f, 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 Checks issued for payroll for February 16 and paid on February 20, 2009, were approved: Date Check Numbers Amount f 2/20/09 Checks 310126-310376 $ 190,138.06 2/20/09 Advices 244214-244985 1,559,479.24 $1,749,617.30 C. EMS Pre-Hospital Participation Grant. (CFN-122) 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 was accepted. D. Uniform and Laundry Services Contract. (CFN-318) The Mayor was j authorized to execute a contract with Cintas Corp. for uniform and laundry services 1 for a three-year period for a total of $382,066.64, E. Fieldstone Neighborhood Council Resolution. (CFN-1304) Resolution No. 1802 recognizing the Fieldstone Neighborhood Council, support its community building efforts, and confer on it all opportunities offered by the City's Neighborhood I Program was adopted. F. Aspect Consulting, Environmental Review for Landsburg Mine. (CFN-1038) The Mayor was authorized 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. -- i 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, 2 I� i Kent City Council Minutes March 17, 2009 I 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. G. Robert Bakemeier, Environmental Legal Services for Landsburg Mine. (CFN-1038) The Mayor was authorized 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. 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. H.Kent Comprehensive Plan, Emergency Resolution. (CFN-377/565) Resolution j No. 1803 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 was adopted. I I. Kemp Investments Bill of Sale. (CFN-484) The Bill of Sale for Kemp Investments for 1 gate valve, 50 linear feet of waterline, 1 sanitary sewer manhole, 140 linear feet of sanitary sewer line, 2 storm sewer catch basins, and 320 linear feet of storm sewer line was accepted. The project is located at 26328 79th Avenue South. J. Cloud Short Plat Bill of Sale. (CFN-484) The Bill of Sale for Cloud Short Plat for 3 gate valves, 1 hydrant, 185 linear feet of waterline, 3 sanitary sewer manholes, 218 linear feet of sanitary sewer line, 215 linear feet of new streets, and 377 linear feet of storm sewer line was accepted. The project is located at 25126 Lake Fenwick Road South. K. Safeguard Self Storage Phase IV Bill of Sale. (CFN-484) The Bill of Sale for Safeguard Self Storage Phase IV for 2 gate valves, 1 hydrant, 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 was accepted. The project is located at 509 Washington Avenue North. L. Tall Firs Cottages Bill of Sale. (CFN-484) The Bill of Sale for Tall Firs Cottages for 6 gate valves, 1 hydrant, 240 linear feet of waterline, 4 sanitary sewer manholes, 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 was accepted. The project is located at 26824 108th Ave. SE. M. Basic Life Support Services Contract with King County. (CFN-122) The Basic Life Support levy funds in the amount of $1,212,191 was accepted and the Mayor was authorized to sign the contract with King County, subject to final contract terms and conditions acceptable to the City Attorney. 3 Kent City Council Minutes March 17, 2009 N. Washington Association of Sheriffs and Police Chiefs Grant Award. (CFN-122) 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 was accepted. The grant award is issued on a reimbursement basis. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke reported on her recent visit with Senators Cantwell and Murray and Congressmen Reichert and Smith in Washington D.C. regarding levees and grade separations. She added that the Community Trade & Economic Development luncheon is being held at the ShoWare Center, as well as the Governor's Trader Award presentation and the Washington Transportation Commission meeting. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the committee will meet at 5:00 p.m. on Thursday, March 19. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that the next meeting will be on April 13 at 5:00 p.m., and that the Weed and Seed Committee adopted by-laws and will meet on March 26. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) Hodgson said there is no Executive Session and gave no report. ADJOURNMENT The meeting adjourned at 8:15 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 4 i� Kent City Council Meeting Date April 7, 2009 ICategory Consent Calendar - 6C I 1. SUBJECT: ADVANCE REFUNDING OF THE 1999 LTGO BOND ISSUE ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. authorizing the refunding of the 1999 Limited Tax General Obligation bonds. This Ordinance authorizes the City to issue additional debt to defease the outstanding 1999 LTGO bonds to take advantage of the reduced interest rate and the call date on the existing debt. The principal amount of the 1999 LTGO Bonds is $8,140,000 and the City will issue bonds in a sufficient amount to call all of these outstanding bonds at a lower interest rate than it is currently paying. Depending on the changes in interest rates, Finance staff currently anticipates generating savings of between $300,000 and $600,000 from this transaction. In normal times, these savings would be structured to accrue equally over the life of the bonds. However, Finance staff suggests structuring these bonds to provide these savings in this year and the next and replacing the future years with a like amount of costs. . EXHIBITS: Refunding g Bond o d Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the issuance and sale of limited tax general obligation refunding bonds of the City in the aggregate principal amount of not to exceed $9,000,000 to provide funds for the purpose of refunding certain limited tax general obligation bonds of the City, and paying costs of issuance of the bonds; providing the form and terms of the bonds; delegating authority to approve the final terms of the bonds, to appoint an escrow agent and to execute an escrow agreement; and repealing Ordinance No. 3893. PASSED: April 7, 2009 This document prepared by: K&L Preston Gates Ellis LLP Seattle, Washington LTGO Refunding Bonds, 2009 I i I TABLE OF CONTENTS Page SECTION 1. - Repeal of Ordinance No. 3893 ...............................2 SECTION 2. - Definitions ................................................... ....2 SECTION 3. - Authorization of Bonds .........................................6 SECTION 4. -Description of Bonds .............................................6 l SECTION S. - Registration, Transfer and Payment of Bonds ..........6 SECTION 6. - No Optional Redemption; Purchase of Bonds ......... 11 SECTION 7. - Form of the Bonds ............................................. 11 SECTION 8. - Execution of the Bonds ....................................... 14 SECTION 9. - Refunding Procedures......................................... 15 SECTION 10. - Tax Covenants-Bonds....................................... 17 SECTION 11. - Bond Fund; Provision for Payment ..................... 19 SECTION 12. - Defeasance ..................................................... 20 SECTION 13. - Sale of the Bonds............................................. 21 SECTION 14. - Bond Insurance ............. SECTION 15. - Continuing Disclosure Undertaking ..................... 23 SECTION 16. - Lost, Stolen or Destroyed Bonds ........................ 26 C SECTION 17. - Severability..................................................... 26 j SECTION 18. - Effective Date of Ordinance ............................... 27 i 1 I ' 1 -i- LTGO Refunding Bonds, 2009 CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the issuance and sale of limited tax general obligation refunding bonds of the City in the aggregate principal amount of not to exceed $9,000,000 to provide funds for the purpose of refunding certain limited tax general obligation bonds of the City, and paying costs of issuance of the bonds; providing the form and terms of the bonds; delegating authority to approve the final terms'of the bonds, to appoint an escrow agent and to execute an escrow agreement; and repealing Ordinance No. 3893. RECITALS A. Pursuant to Ordinance No. 3444 (the "1999 Bond Ordinance"), passed on March 16, 1999, the City of Kent, Washington (the "City") has issued and has outstanding its Limited Tax General Obligation Bonds, 1999, issued under date of March 15, 1999 (the "1999 Bonds"), a portion of which is eligible for refunding: Maturity Principal Interest (December 1) Amount Rate 2010 $ 655,000 4.50% 2011 685,000 4.60 2012 715,000 4.70 2013 750,000 4.75 2019 5,335,000 5.00 (the "1999 Refunding Candidates"); and B. The 1999 Bond Ordinance authorizes the redemption and defeasance of the 1999 Refunding Candidates in advance of their scheduled maturity on or after December 1, 2009, at any time at prices set 1 LTGO Refunding Bonds, 2009 i forth in the 1999 Bond Ordinance plus accrued interest to the date of redemption; and C. On September 16, 2008, the City Council adopted Ordinance 1 No. 3893, which authorized the issuance and sale of limited tax general obligation refunding bonds (the "Bonds") of the City for the purpose of refunding all or a portion of the 1999 Refunding Candidates so that debt service savings could be achieved for the City and its taxpayers; and D. Ordinance No. 3893 granted authority to the Designated City Representative to negotiate the terms for the sale of the Bonds during a specified period; and E. During the specified period, conditions in the municipal bond market deteriorated, lessening the debt service savings, and the Designated City Representative determined to delay sale of the Bonds; and j F. After due consideration it appears to this Council that all or a portion of the 1999 Refunding Candidates may be defeased and refunded by the proceeds of the refunding bonds authorized herein at a substantial ff savings to the City under current bond market conditions; and i G. To effect such refunding in the manner that will be most advantageous to the City, it is hereby found necessary and advisable that certain "Acquired Obligations" (hereinafter identified) be purchased out of the proceeds of sale of the Bonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, I ' WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1, - Repeal of Ordinance No. 3893. The City hereby repeals Ordinance No. 3893 in its entirety. SECTION 2,- Definitions. As used in this ordinance, the following words shall have the following meanings: Acquired Obligations means the Government Obligations now or hereafter acquired by the City pursuant to Section 9 of this ordinance to effect the refunding of the Refunded Bonds. ` I 2 LTGO Refunding Bonds, 2009 Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Fund means the LTGO Bond Debt Service Fund described in Section 11 of this ordinance. Bond Insurance Policy means the municipal bond insurance policy, if any, issued by the Insurer insuring the payment when due of the principal of and interest on all or a portion of the Bonds as provided therein. Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriter and City, executed pursuant to Section 13 of this ordinance. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bonds means the City of Kent, Washington Limited Tax General Obligation Refunding Bonds, 2009, if any, issued pursuant to this ordinance. Bond Year means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no day is selected by the City before the earlier of the final maturity date of the Bonds or the date that is five years after the date of issuance of the Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of the Bonds. City means the City of Kent, Washington, a municipal corporation of the State of Washington. Code means the Internal Revenue Code of 1986, as amended, and shall include all applicable regulations and rulings relating thereto. 3 LTGO Refunding Bonds, 2009 Commission means the Securities and Exchange Commission. Council means the City Council of the City, as the same shall be duly and regularly constituted from time to time. !� Designated City Representative means the Mayor of the City and any successor to the functions of such office. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 5 hereof. Escrow Agent means the financial institution selected pursuant to the conditions set forth in Section 9 of this ordinance. Escrow Agreement means the Escrow Deposit Agreement to be entered into by the City and the Escrow Agent pursuant to Section 9 of this ordinance. Finance Director means the Finance Director of the City, or any successor to the functions of the Finance Director. Government Obligations means those obligations now or hereafter defined as such in chapter 39.53 RCW. Insurer means the municipal bond insurance company, if any, selected and designated by the Designated City Representative, pursuant to Section 14 of this ordinance, or any successor thereto or assignee thereof, as issuer of a Bond Insurance Policy for all or a portion of the Bonds. Letter of Representations means the blanket issuer letter of representations from the City to DTC. MSRB means the Municipal Securities Rulemaking Board or any successor to its functions. Net Proceeds, when used with reference to the Bonds, means the principal amount of the Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. j 1999 Bond Ordinance means Ordinance No. 3444 passed by the City Council on March 16, 1999, authorizing the issuance of the 1999 Bonds. 4 LTGO Refunding Bonds, 2009 1999 Bonds means the outstanding "City of Kent, Washington Limited Tax General Obligation Bonds, 1999" issued pursuant to the 1999 Bond Ordinance. 1999 Refunding Candidates means the 1999 Bonds identified in the recitals to this ordinance. NRMSIR means a nationally recognized municipal securities iinformation repository. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a day-to-day basis if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. RCW means the Revised Code of Washington. Refunded Bonds means the 1999 Refunding Candidates selected as Refunded Bonds by the Designated City Representative pursuant to Section 9(a). 5 LTGO Refunding Bonds, 2009 I I Registered Owner means the person named as the registered owner of a Bond in the Bond Register. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. Savings Target means a dollar amount equal to at least three percent (3.0%) of the outstanding principal of the Refunded Bonds. SID means a state information depository, if any, for the State of Washington. Underwriter means Barclays Capital Inc. SECTION 3. - Authorization of Bonds. The City is hereby authorized to issue limited tax general obligation refunding bonds (the "Bonds") in an aggregate amount not to exceed $9,000,000 for the C purpose of providing the funds necessary to (i) refund the Refunded Bonds and (ii) pay all or a portion of the costs incidental to the foregoing and to the issuance of the Bonds. SECTION 4. - Description of Bonds. The Bonds shall be general obligations of the City; shall be designated the "City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2009", with any additional series designation, if necessary; shall be dated as of their initial date of delivery; shall be fully registered as to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof within a maturity, provided that no Bond shall represent more than one maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest from their date, payable semiannually l on the interest payment dates set forth in the Bond Purchase Contract; and shall mature on December 1 in the years and principal amounts set forth and approved in the Bond Purchase Contract executed by the Designated City Representative pursuant to Section 13 of this ordinance. SECTION 5. - Registration, Transfer and Payment of Bonds. The City hereby specifies and adopts the system of registration approved by 6 LTGO Refunding Bonds, 2009 the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 15 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in this section, but such Bond may be transferred as herein provided. All such payments made as described in this section shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect 7 LTGO Refunding Bonds, 2009 i to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this I ordinance (except such notices as shall be required to be given by the City I . to the Bond Registrar or to DTC (or any successor depository)), or any 1 consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC, its nominee or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. I If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be I transferred except (i) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (ii) to any substitute depository appointed by the Finance Director pursuant to this section or j such substitute depository's successor; or (iii) to any other person as specifically provided in this section. Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of I 8 LTGO Refunding Bonds, 2009 I i book-entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. In the case of any transfer pursuant to clause (i) or (ii) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. In the event that (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (ii) the Finance Director determines that it is in the best interest of the Beneficial Owners of the Bonds that such owners be able to obtain such Bonds in the form of Bond certificates, the ownership of the Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully-immobilized form. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of definitive Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Finance Director to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the 9 LTGO Refunding Bonds, 2009 i Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the f surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, 4 without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to exchange any Bond during the 15 days preceding any date on which any such Bond is to be redeemed. J The Bond Registrar may become the Registered Owner of any Bond 1 with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. I The City covenants that, until all Bonds have been surrendered and I canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149(a) of the Code. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be I calculated on the basis of a year of 360 days and twelve 30-day months. 1 For so long as all Bonds are in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of j Representations. In the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a 10 LTGO Refunding Bonds, 2009 Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the continental United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. SECTION 6. - No Optional Redemption; Purchase of Bonds. The City does not reserve the right to redeem the Bonds prior to their scheduled maturities. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director. Bonds purchased by the City shall be cancelled. SECTION 7. - Form of the Bonds. The Bonds shall be in substantially the following form: [DTC LANGUAGE] [STATEMENT OF INSURANCE] UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF KENT, WASHINGTON LIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2009 INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Kent, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from , 2009, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on , 2009, and semiannually thereafter on the first days of each succeeding December and June. Both principal of and interest on this bond are payable in lawful 11 LTGO Refunding Bonds, 2009 money of the United States of America. The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on April 7, 2009 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds of like date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $ and is issued pursuant to the Bond Ordinance to refund certain outstanding limited tax general obligation bonds of the City and to pay costs of issuance. The bonds of this issue are not subject to redemption prior to their stated maturities. The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The bonds of this issue are not "qualified tax-exempt obligations" for investment by financial institutions under Section 265(b) of the Code. The bonds of this issue are not private activity bonds. The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. 12 LTGO Refunding Bonds, 2009 It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be executed by the manual or facsimile signatures of the Mayor and City Clerk and the seal of the City imprinted, impressed or otherwise reproduced hereon as of this day of , 2009. CITY OF KENT, WASHINGTON /s/ manual or facsimile By Mayor ATTEST: /s/ manual or facsimile City Clerk [SEAL] The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Bond Ordinance and is one of the Limited Tax General Obligation Refunding Bonds, 2009 of the City of Kent, Washington, dated , 2009. WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By 13 LTGO Refunding Bonds, 2009 G ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto PLEASE INSERT SOCIAL SECURITY OR TAXPAYER IDENTIFICATION NUMBER OF TRANSFEREE Please print or typewrite name and address including zip code of ( p Yp � 9 p Transferee) the within bond and all rights thereunder and does hereby irrevocably constitute and appoint of or its successor, as agent to transfer said bond on the books kept by the Bond I Registrar for registration thereof, with full power of substitution in the premises. DATED: SIGNATURE GUARANTEED: Notice: signature(s) must be { guaranteed pursuant to law. i NOTE: The signature of this Assignment must correspond with the name of the registered owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. SECTIONS. - Execution of the Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signatures of the Mayor and City Clerk of the City and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. 1 Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, 14 LTGO Refunding Bonds, 2009 authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. SECTION 9. - Refunding Procedures (a) Designation of Refunded Bonds. All or some of the 1999 Refunding Candidates may be refunded and refinanced with the proceeds of the Bonds authorized by this ordinance. The Designated City Representative may select some or all of the 1999 Refunding Candidates and designate those 1999 Refunding Candidates as the "Refunded Bonds" at or prior to the time of sale of the Bonds. (b) Creation of Refunding Account. A special account is hereby authorized to be created by the Finance Director, which account is to be drawn for the sole purpose of paying (or purchasing Government Obligations, which obligations so purchased, are herein called "Acquired Obligations") maturing in such amounts and at such times as to pay) the principal of and premium and interest on the Refunded Bonds. The special account shall be held as a trust fund for the benefit of the owners of the Refunded Bonds, wholly segregated from all other funds and securities on deposit with the Finance Director. The Finance Director shall not allow the assets or amounts on deposit for the benefit of the Refunded Bonds to be commingled with any other funds or securities of the City. The Finance 15 LTGO Refunding Bonds, 2009 i Director shall cause the assets and amounts on deposit in such special account to be held and disposed of only as set forth in this section. (c) Application of Bond Proceeds. A portion of the net proceeds of the Bonds (exclusive of any amounts designated by the Designated City Representative to be used to pay costs of issuance of the Bonds), together l' with other available funds of the City in the amount specified by the Designated City Representative, shall be applied at the direction of the Designated City Representative to purchase the Acquired Obligations to be used to redeem the Refunded Bonds on their redemption date. (d) Defeasance of Refunded Bonds. The net proceeds of the Bonds so deposited shall be utilized immediately upon receipt thereof to redeem Refunded Bonds or to purchase the Government Obligations specified by the Designated City Representative and to maintain such I necessary beginning cash balance to defease the Refunded Bonds and to discharge the other obligations of the City relating thereto under the 1999 Bond Ordinance, by providing for the payment of the interest on the Refunded Bonds to the date fixed for redemption and the redemption price on the redemption date for the Refunded Bonds. i When the final transfers have been made for the payment of such redemption price and interest on the Refunded Bonds, any balance then remaining shall be used for the purposes specified by the Designated City Representative. (e) Redemption of Refunded Bonds. The Council authorizes the Designated City Representative to call the Refunded Bonds that are callable for redemption on the redemption date specified by the Designated City Representative in accordance with the 1999 Bond Ordinance. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the deposit of the proceeds of the Bonds as described in Section 9(c). The Designated City Representative is hereby authorized and directed to provide for the giving of irrevocable notice of the redemption of the callable Refunded Bonds in accordance with the terms of the 1999 16 LTGO Refunding Bonds, 2009 Bond Ordinance. The Finance Director is authorized and directed to provide whatever assistance is necessary to accomplish such redemption and the giving of notice therefor. (f) Escrow Agent and Escrow Agreement. The Designated City Representative is hereby authorized to select a financial institution to serve as the Escrow Agent for the Refunded Bonds (the "Escrow Agent"). A beginning cash balance, if any, and Acquired Obligations shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the Bonds remaining in the Refunding Account after acquisition of the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations and expenses of the issuance of the Bonds. The Designated City Representative or the Finance Director is authorized to execute and deliver to the Escrow Agent an Escrow Agreement, with such changes or modifications as the Designated City Representative or the Finance Director, with the advice of bond counsel to the City, consider necessary or advisable. The City hereby irrevocably sets aside for and pledges to the payment of the Refunded Bonds the moneys and obligations to be deposited with the Escrow Agent pursuant to the Escrow Agreement to accomplish the plan of refunding and defeasance of the Refunded Bonds set forth herein and in the Escrow Agreement. When all of the Refunded Bonds shall have been redeemed and retired, the Designated City Representative or Finance Director may cause any remaining money to be transferred to the Bond Fund for the purposes set forth below. j SECTION 10.- Tax Covenants-Bonds. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest 1 on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. i 17 LTGO Refunding Bonds, 2009 I i Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if such use had been reasonably expected on the dates of delivery of the Bonds to the initial purchasers thereof, would have caused the Bonds to be treated as "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City will comply with the requirements of Section 148 of the I Code and the applicable regulations thereunder throughout the term of the i Bonds. The City covenants that for as long as the Bonds are outstanding, it I will not permit: (i) more than 10% of the Net Proceeds of the Bonds to be allocated to any Private Person Use; and (ii) more than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or i indirectly secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (i) more than five percent of the Net Proceeds of the Bonds are allocable to any Private Person Use; and (ii) more than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, any Private Person Use of the projects or Private Person Use payments that is in excess of the five percent limitations described i 18 LTGO Refunding Bonds, 2009 above will be for a Private Person Use that is related to the state or local governmental use of the projects refunded by the proceeds of the Bonds, and any Private Person Use will not exceed the amount of Net Proceeds of the Bonds allocable to the state or local governmental use portion of the Project(s) to which the Private Person Use of such portion of the projects refunded by the proceeds of the Bonds relate. The City further covenants that it will comply with any limitations on the use of the projects refunded by the proceeds of the Bonds by other than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for formal amendment thereof upon receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. The City has not designated the Bonds as "qualified tax-exempt obligations" under Section 26S(b)(3) of the Code for investment by financial institutions. SECTION 11. — Bond Fund; Provision for Payment. The City has heretofore established a fund to be used for the payment of debt service on the Bonds, designated as the "LTGO Bond Debt Service Fund" (the "Bond Fund"). No later than the date each payment of principal of and/or interest on the Bonds matures or becomes due and payable, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources to the Bond Registrar for the payment of such principal and/or interest. Money in the Bond Fund not needed to pay the interest or principal next coming due may temporarily be deposited in legal investments for City funds. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its 19 LTGO Refunding Bonds, 2009 i f I budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds as the same shall become due. C The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to cities without a vote of the people, and that a sufficient portion of each annual levy to be levied and 1 collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby I irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds as the same shall become due. SECTION 12. - Defeasance. In the event that the City, in order to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable 1 Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond y I ; Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, i benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. 20 LTGO Refunding Bonds, 2009 The City shall give written notice of defeasance to the owners of all Bonds so provided for within 30 days of the defeasance and to each party entitled to receive notice in accordance with Section 15 of this ordinance. SECTION 13. - Sale of the Bonds. The Bonds shall be sold by negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Contract. The Designated City Representative is hereby authorized to negotiate terms for the purchase of the Bonds and execute the Bond Purchase Contract, with such terms as are approved by her pursuant to this section and consistent with this ordinance. The Underwriter has advised the Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the Council. The Council has determined that it would be in the best interest of the City to delegate to the Designated City Representative for a limited time the authority to determine whether to proceed with the refunding of the Refunded Bonds, to designate which of the Refunding Candidates shall be the Refunded Bonds, and to approve the final interest rates, maturity dates, aggregate principal amount, redemption rights and principal amounts of each maturity of the Bonds. The Designated City Representative is hereby authorized to determine whether to proceed with the refunding of the Refunded Bonds if and to the extent that the aggregate savings to be realized as a result of the refunding of the Refunded Bonds (i.e., the resent value of i the aggregate debt service on the Refunded Bonds p (�) minus (ii) the aggregate debt service on the Refunding Bonds, after payment of all costs of issuance of the Bonds), exceed the Savings Target. The Designated City Representative is further authorized to approve the final interest rates, maturity dates, aggregate principal amount, and principal amounts of each maturity of the Bonds in the manner provided hereafter so long as (i) the aggregate principal amount of all Bonds does not exceed $9,000,000; and (ii) the true interest cost for the Bonds does not exceed 5.50%. 21 LTGO Refunding Bonds, 2009 l In determining whether or not to proceed with bond insurance and determining the final interest rates, aggregate principal amounts, principal maturities and redemption rights, the Designated City Representative, in consultation with City staff, shall take into account those factors that, in her judgment, will result in the lowest true interest cost on the Bonds to their maturity, including, but not limited to current financial market conditions and current interest rates for obligations comparable in tenor and quality to the Bonds. Subject to the terms and conditions set forth in this Section 13, the Designated City Representative is hereby authorized to execute the final form of the Bond Purchase Contract, upon the Designated City Representative's designation of the Refunded Bonds and approval of the final interest rates, aggregate principal amount, principal maturities and redemption rights set forth therein. Following the execution of the Bond Purchase Contract, the Designated City Representative shall provide a report to the Council, describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated City Representative by this Section 13 shall expire 120 days after the date of approval of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 120 days after the date of final approval of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re-authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this ordinance. j Upon the passage and approval of this ordinance, the proper officials i of the City, including the Designated City Representative, are authorized to undertake all actions necessary for the prompt execution and delivery of the Bonds to the Underwriter thereof and further to execute all closing I 22 LTGO Refunding Bonds, 2009 i certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of the Bond Purchase Contract. The Finance Director is authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the preliminary Official Statement and Official Statement (as defined in the Bond Purchase Contract) relating to the issuance and sale of the Bonds and the distribution of the preliminary Official Statement and Official Statement pursuant thereto with such changes, if any, as may be deemed by him to be appropriate. The preliminary Official Statement for the Bonds is hereby deemed final for the purposes of the Rule. SECTION 14. - Bond Insurance. The Finance Director is hereby further authorized to solicit proposals from municipal bond insurance companies for the issuance of a Bond Insurance Policy. In the event that the Finance Director receives multiple proposals in response to a solicitation, the Finance Director may select the proposal having the lowest cost and resulting in an overall lower interest cost with respect to the Bonds to be insured. The Finance Director may execute a commitment received from the Insurer selected by the Finance Director. The Council further authorizes all proper officers, agents, attorneys and employees of the City to cooperate with the Insurer in preparing such additional agreements, certificates, and other documentation on behalf of the City as shall be necessary or advisable in providing for the Bond Insurance Policy. SECTION 15. - Continuing Disclosure Undertakinci. This section constitutes the City's written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. The City agrees to provide or cause to be provided to each NRMSIR and to the SID, if any, in each case as designated by the Commission in accordance with the Rule, the following annual financial information and operating data for the prior fiscal year (commencing in 2009 for the fiscal year ended December 31, 2008): (i) annual financial statements, which 23 LTGO Refunding Bonds, 2009 i statements may or may not be audited, showing ending fund balances for the City's general fund prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type included in the official statement for the Bonds; (ii) the assessed valuation of taxable property in the City; (iii) ad valorem taxes due and percentage of taxes collected; (iv) property tax levy rate per $1,000 of assessed valuation; and (v) outstanding general obligation debt of the City. Items (ii) through (v) shall be required only to the extent that such i information is not included in the annual financial statements. The information and data described above shall be provided on or before nine months after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to each then existing NRMSIR and the SID, if any. In lieu of providing such annual financial information and operating data, the City may cross reference to I other documents provided to the NRMSIR, the SID or to the Commission and, if such document is a final official statement within the meaning of the Rule, available from the MSRB. If not provided as part of the annual financial information discussed' above, the City shall provide the City's audited annual financial statement prepared in accordance with the Budgeting Accounting and Reporting i System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available to each then existing NRMSIR and the SID, if any. The City agrees to provide or cause to be provided, in a timely j manner, to the SID, if any, and to each NRMSIR notice of the occurrence of f any of the following events with respect to the Bonds, if material: (i) principal and interest payment delinquencies; (ii) non payment related defaults; (iii) unscheduled draws on debt service reserves reflecting i financial difficulties; (iv) unscheduled draws on credit enhancements : 24 LTGO Refunding Bonds, 2009 reflecting financial difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (vii) modifications to the rights of Bond owners; (viii) Bond calls (optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34 238560); (ix) defeasances; (x) release, substitution or sale of property, securing repayment of the Bonds; and (xi) rating changes. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that no debt service reserves or property secure payment of the Bonds. The City agrees to provide or cause to be provided, in a timely manner, to each NRMSIR and to the SID, if any, notice of its failure to provide the annual financial information described above on or prior to the date set forth above. The City's obligations to provide annual financial information and notices of material events shall terminate upon the legal defeasance or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (ii) notifies each NRMSIR and the SID, if any, of such opinion and the cancellation of this section. The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as 25 LTGO Refunding Bonds, 2009 for a material event, and (ii) the annual report for the year in which the i change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. The City may elect to submit the information required by this Section 15 to be filed with the NRMSIRs and the SID, if any, directly to DisclosureUSA.org or any other entity approved for electronic submittal by the Commission, unless or until the Commission withdraws its approval of the submission process. After July 1, 2009, all information provided pursuant to this undertaking shall be submitted to the MSRB as the sole NRMSIR in accordance with the Commission's amendments to the Rule. SECTION 16. - Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost, stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like date, number and tenor to the Registered Owner thereof upon the Registered Owner's paying the expenses and charges of the City and the Bond Registrar in connection therewith and upon his/her filing with the City evidence satisfactory to the City that such Bond was actually lost, stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the Bond Registrar I with indemnity satisfactory to the City and the Bond Registrar. i SECTION 17. - Severability. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the 26 LTGO Refunding Bonds, 2009 i remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. SECTION 18. - Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA ]ACOBER, CITY CLERK APPROVED AS TO FORM: K&L PRESTON GATES ELLIS LLP Special Counsel and Bond Counsel PASSED: day of April, 2009. APPROVED: day of April, 2009. PUBLISHED: day of April, 2009. 27 LTGO Refunding Bonds, 2009 I CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on April 7, 2009, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after publication in the City's official newspaper; and 2. A quorum of the members of the City Council was present C throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. j IN WITNESS WHEREOF, I have hereunto set my hand this day of April, 2009. C f CITY OF KENT, WASHINGTON Brenda ]acober, City Clerk PA21266 SM21266 OXD I i 1 4 Kent City Council Meeting Date April 7, 2009 Category Consent Calendar - 6D 1. SUBJECT: HIGHLINE SCHOOL DISTRICT RENTAL AGREEMENT FOR CAMP WASKOWITZ - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the rental agreement with Highline School District for the 2009 Summer Residential Camp at Camp Waskowitz. Highline School District's Camp Waskowitz has been the site of the Kent Parks Summer Residential Camp for the past twenty-nine years. The camp accommodates 160 boys and girls entering the 5th� 6th and 7th grades. Campers experience nature, campfires, hiking and swimming. Thirty-eight staff members attend the camp. Thirty are volunteers and eight are paid a stipend of $300 for the week. Camp registration fees cover all program costs. The camp is scheduled for August 6-10, 2009. 3. EXHIBITS: Rental Agreement 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: F. 1506 Highline School District No. 401 Camp Waskowitz Rental Agreement 45505 S.E. 150'St.,North Bend,WA 98045 Seattle—(425)277-7195 North Bend—(425)888-0681 Mailing Address: Camp Waskowitz, 15675 AnmbaumBlvd. S.W.,Burien,WA 98166 (20()433-2462 Applicant Kent Parks In Charge Julie Sxran e` Li Organization At Camp Address 315 Eastam;Cri°St Kent WA 98031 Phone ( 253 ) 856-5030 Age of Est.No. Est.Total Campers Youth Girls Boys Adults: M F No. Campers 190 An•ival Monday August 10 2009 @L approx 11.00 a.m, Dinner First Meal (Breakfast 8:00,Lunch 12:00,Dinner 5:30 Departure Friday August 14 2009 R,approx. 2.00 p.m. Lunch a 11:00 a.m. Date Time Last meal (Breakfast,Lunch,Dinner) 75-124 people=$224.00 per person, 125-149 people=$216.00 per person Cost Quote on Estimated Total: $ 212.00 per person for 4 night(s)and 12 meal(s) Additional charges/fees Total Charge $ Less Deposit $ Date Certificate of Insurance received I / Amount Due $ Month/Day/Year CERTIFICATE OF INSURANCE: The Iessee, at its own cost,shall maintain public liability insurance for bodily injuries (including sickness or death)and property damages in the minimum amount of$1,000,000 combined single limit per occurrence, and in the minimum amount of$2,000,000 in the aggregate Employers Liability(Washington Stop-Gap)in the amount of no less than $1,000,000 per accident for owned,non-owned and hired automobiles. Prior to using the site,the lessee shall fti nish the Camp Waskowitz office with a Certificate of Insurance evidencing this coverage and naming the Highline School District as an additional insured and as the certificate holder. HOLD HARMLESS AGREEMENT: To the fullest extent permitted by law,the lessee releases and shall defend;indemnify and hold harmless the Highline School District and its directors;agents,employees,successors and assigns from and against all claims, damages,losses and expenses,direct and indirect, or consequential,including but not limited to costs and attorneys' fees incurred on such claims and in proving the right to indemnification,arising out'of or resulting from the acts or omissions of the lessee or its agents and anyone directly or indirectly employed by them or.anyone*for whose acts they may be liable. POOL USE .Any rental group using the pool is responsible for Runishing a qualified life guard while the pool is in use. A qualified life guard shall mean any person over 18 years of age,in good physical condition,having a current registered WSJ,Red Cross or other approved lifeguard certification, and having no other duty to perform while in attendance at the pool. A copy of the certificate with current date-must be submitted prior to pool use. Pool use shall be during daylight-hours only(8:00 a.m.to 8:00 p.m.) Failure to comply with any of the rules will necessitate the.closure of the pool. I have read and understand the rules and regulations listed on the back of this application and agree to abide by them. HIGHLINB SCHOOL DISTRICT#401 Organization Organization By ?� cQ n BY Signature ` Signature Date �.� ` 1 6 Cl Date Please read the back side of this form Rev.8/02 APPLICATION PROCEDURES Please Read Carefully 1. Deposit This agreement must be accompanied by a deposit 10%of the estimated total cost or$250.00,whichever is greater,in order to assure the reservation. Retain(1)copy for your records 2. Cancellation Policy I j • Notification of cancellation 60-90 days prior to scheduled date will result in loss of deposit. • . Notification of cancellation 45-59 days prior to scheduled date will result in a charge of 25%of estimated cost. • Notification of cancellation 30-44 days prior to scheduled date will result in a charge of 50%of estimated cost. • Notification of cancellation 14-29 days prior to scheduled date will result in a charge of 75%of estimated cost. • Notification-of cancellation less than 14 days prior to scheduled date will result in a charge of 100%of estimated cost. 3. Unless the Waskowitz District Office is notified of a decrease in the total number attending at least two work days before the first scheduled meal at Camp,the group will be charged on the basis of"Est.Total No.Campers"or actual number of Campers, whichever is higher. j 4. Rates quoted do not include bedding,linen,recreation equipment,or audio-visual equipment. Provision of these are the responsibility of the renting group. Camp equipment or bedding may be provided at an.additional charge. 5. A statement of charges will be sent to the lessee shortly after the rental period ends. Prompt payment should be made to Highline School District and sent to Highline School District 15675 Ambaum Blvd S.W. Burien,WA 98166._ 6. The rates quoted by Camp staff are arrived at on the basis that the lessee will leave the Camp in the same order and in as good condition as they found it on arrival. An added charge will be made if•additional work must be done to ready the Camp for the next group. 7. The lessee will be held financially accountable for any damage to Camp equipment or facilities done by a member or members of the leasing group. 8. Adequate adult supervision must be provided for all youth groups. It is suggested that a minimum ratio for a mixed group of youth or teenagers should be 1 to 10. 9. Meal menus will be developed by Camp staff. Special requests should be arranged with the Head Cook at least 3 weeks prior to arrival. GENERAL RULES AND REGULATIONS It is requested that the"Person in Charge at Camp"go over the following regulations with his/her group before their arrival at Camp. He/she must see that all regulations are adhered to by members of his/her group. Further,it is proposed that the following general regulations will be observed: 1. Firearms;air rifles,pellet guns,slingshots,look alike weapons,alcoholic beverages,illegal drugs/substances etc,are not allowed on the grounds. 2. 'No smoking is allowed on Camp property. 3. No campfires will be set without permission of the Camp staff. 4. . Thermostats will be regulated only by Camp personnel. 5. Absolutely no tampering with the fire protection sprinkler system or fire alarm boxes located in each cabin. 6. No material(i.e.towels,clothing,posters,etc.,should be hung over or near heaters or lights at any time. 7. Fire regulations state"No vehicles shall be parked in or near the vicinity of buildings". Vehicles are to be parked in the 7 Camp parking lot only. 8. No Camp equipment,i.e.beds,gear boxes,mattresses,tables,chalkboards shall be moved without pemrission of the Camp staff. If moved,they are to be returned to the original location prior to departure. 9. Swimmers must obey pool regulations(posted at pool entrance). A pool key will be provided to the"Person In Charge". The pool must be kept locked when qualified life guard is not on duty. The pool is open June through August. 10. Meals are served family style or buffet style in the Dining Hall at 8:00 a.m., 12:00 noon,and 5:30 p.m. Dinners after 5:30 p.m.will result in an additional charge. 11. Pets are not allowed on Camp property. 12. Guests of members of the lease group may not use the facility or will be charged as part-time users. 13. Walk only on established paths or trails. 14. No trees,plants or shrubs may be cut. 15. The Waskowitz phones are for our business purposes. Please provide your group with a cell phone number to use while at Waskowitz. Rev. 6/08 l WA Insurance Authority I P.O, sox 88030 EMPLOYEE, `1,7,R'✓ICES Tukwila, WA 98138 11-Feb-09 CITY OF ,KC—I IT Cert#: 6067 Phone: 206-575-6046 Highline School District Camp Waskowitz Fax: 206-575-7426 Attn: Ron Meyer 15675 Ambaum Blvd SW Burien,WA 98166 RE: City of Kent Use of facilities during the week of August 10 -August 14, 2009. Camp for 160 children, in 5th, 6th and 7th grades, staffed by 38 adults, 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 Inierlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance pplicy.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 Julie Stangle cletter Kent City Council Meeting Date April 7, 2009 Category Consent Calendar - 6E 1. SUBJECT: AMENDMENT TO CONSERVATION FUTURES INTERLOCAL COOPERATION GRANT AGREEMENT WITH KING COUNTY FOR OPEN SPACE ACQUISITION PROJECTS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the amendment to the Conservation Futures Interlocal Cooperative Grant Agreement with King County for open space acquisition projects and to amend the Land Acquisition budget accordingly. The City of Kent and King County entered into an Interlocal Cooperation Agreement (ICA) on January 29, 1991 for Conservation Futures Levy funds. The City of Kent applies on a regular basis and applications are due in March each year. When awarded a grant, King County prepares an amendment to the ICA to allocate those funds. The City of Kent was awarded a total of $1,085,000: $150,000 in 2005 for Clark Lake Acquisition projects $785,000 in 2006 for Clark Lake Acquisition projects $150,000 in 2007 for Clark Lake Acquisition projects On September 10, 2007, the King County Council approved Ordinance 15898, to allow the City of Kent to expend these funds on the acquisition of any parcel in our Clark Lake Project Acquisition Strategy. The City of Kent acquired the Clark Lake parcels in 2007 and will seek reimbursement as soon as Council accepts the amendment. 3. EXHIBITS: King County Interlocal Cooperative Grant Agreement 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds t DISCUSSION: ACTION: AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 29t" day of January, 1991. The parties agree to the following amendments: Amendment l: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Clark Lake acquisition, and hereafter reads: • On November 22, 2004, the King County Council passed Ordinance 15083, which appropriated a total of One Hundred and Fifty Thousand Dollars ($150,000) in Conservation Futures Levy proceeds to the City of Kent for the Clark Lake Park acquisition Project. On March 14, 2005 the King County Council passed Ordinance 15139, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15083. • On November 21, 2005 the King County Council passed Ordinance 15333, which appropriated a total of Seven Hundred and Eighty Five Thousand Dollars ($785,000) in Conservation Futures Levy proceeds to the City of Kent for the Clark Lake acquisition Project. On April 17, 2006 The King County Council passed Ordinance 15423, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15333. • On November 20, 2006, the King County Council passed Ordinance 15652, which appropriated a total of One Hundred and Fifty Thousand Dollars ($150,000) in Conservation Futures Levy proceeds to the City of Kent for the Clark Lake acquisition Project. On April 9, 2007 the King County Council approved Ordinance 15711, Amendment I CFI'Interlocal Amendment Kent-King County 2004,2005,2006,and 2007 CFr proceeds for Clark Lake 1 i authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15652. On September 10, 2007, the King County Council passed Ordinance 15898, which authorized a change in the scope of the Clark Lake acquisition Project, allowing CFT funds that were allocated specific parcels at Clark Lake in 2003, 2004 and 2005 to be expended on any of the other approved parcels from those years, should there be a funding shortfall for those parcels. On December 10, 2007 the King County Council approved Ordinance 15989, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15898. Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include reference to Attachment I, which lists 2004, 2005, and 2006 Conservation Futures Levy Allocations for the Clark Lake acquisition project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include references to Attachment I, which lists 2004, 2005, 2006 Conservation Futures Levy Allocations for the Clark Lake acquisition project as follows: Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through I to be used ' for the Projects listed in Attachments A through I. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through I. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. l Amendment 4: Attachment I The attachments to the interlocal agreement are hereby amended by adding Attachment I, which is hereby attached to the interlocal agreement, incorporated therein and made a part thereof i In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. Amendment I CFT Interlocal Amendment Kent-King County 2004,2005,2006,and 2007 CFI'proceeds for Clark Lake 2 ` IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF KENT Ron Sims Suzette Cooke King County Executive Mayor Date: Date Acting under the authority of Acting under the authority of Ordinance 15139, 15423, 15711, Ordinance: and 15989 Approved as to form: Approved as to form: Dan Satterberg King County Prosecuting Attorney City Attorney Amendment 1 CFT Interlocal Amendment Kent-King County 2004,2005,2006,and 2007 CFT proceeds for Clark Lake 3 1 ATTACHMENT 2004, 2005, 2006 and 2007 CONSERVATION FUTURES LEVY CITY OF KENT ALLOCATIONS for CLARK LAKE Jurisdiction Project Allocation Kent 2004: Clark Lake (Ordinance 15083) $150,000 2005: Clark Lake (Ordinance 15333) $785,000 2006: Clark Lake (Ordinance 15652) $150,000 2007: Clark Lake (Ordinance 15898) $0 (Scope Change) ' TOTAL $ 1,085,000 Project Description: 2004: 315725 Kent CFL Proiects (Clark Lake Park): (Ordinance 15083) $ 150,000 This project includes an inholding parcel totaling 3.1acres at Clark Lake Park, a scenic, passive- use nature park on the rapidly urbanizing east Kent Plateau. The property provides an added buffer to the park and will allow for better park management by removal of an intrusive inholding. The property contains a house on the eastern border of the site that will not be part of the project scope. 2005: 315725 Kent CFL Projects - Clark Lake: (Ordinance 15333) $ 785,000 $785,000 is allocated to this project, which consists of the acquisition of up to 15.5 acres of open space to complete the major land acquisition work at the city of Kent's Clark Lake Park. The property is bounded by Southeast 248th Street on the south and Clark Lake Park to the north, east and west. The project site contains residential and adjacent associated structures along SE 248th Street that may be segmented out from the overall open space acquisition. The project will also provide a trail link for a public trail that has long been envisioned around Clark Lake by the City. 2006: 315725 Kent CFL Proiects - Clark Lake: Ordinance 15652 $ 150,000 This project consists of approximately.9-acres of land adjacent to the 133-acre Clark Lake Park, located on Southeast 248th Street in Kent on the east Kent Plateau. The project is an addition to the existing park and is an inholding within Kent's plan for the future park area. The site contains a home that will be removed or not within the project. 2007: 315725 Kent CFL- Clark Lake (Scope Change): (Ordinance 15898) $ 0 CFT funds that were allocated to specific parcels in the Clarke Lake project in the years 2003, 2004, and 2005 may be expended for the purchase any of the other approved parcels from those years, should there be a funding shortfall for those parcels. City of KENT—Clark Lake $ 1,085,000 Amendment I CFT Interlocal Amendment Kent-King County 2004,2005,2006,and 2007 CFT proceeds for Clark Lake 1 Kent City Council Meeting Date April 7, 2009 Category Consent Calendar - 6F 1. SUBJECT: RESIDENTIAL TRAFFIC CALMING PROGRAM RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. , repealing Resolution No. 1546, adopting a new Residential Traffic Calming Program, and authorizing the Public Works Director to establish and implement specific traffic calming measures to better respond to residential area traffic problems. A comprehensive review of the City's existing Neighborhood Traffic Control Program was completed in an effort to improve its effectiveness. City staff worked with a local transportation engineering firm to collect and analyze neighborhood traffic calming programs throughout the region and to develop a more effective and streamlined program. 3. EXHIBITS: Public Works Memorandum dated 3/16/09 and Resolution 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 w AS HI N G T 0 N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 10, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: March 16t" 2009 From: Chad Bieren/Rob Knutsen Through: Larry Blanchard, Public Works Director Subject: Resolution - Residential Traffic Calming Program Motion: Move to recommend a resolution of the City of Kent Council, repealing Resolution No. 1546 and adopting a new Residential Traffic Calming Program and authorize the Public Works Director to establish and implement a Residential Traffic Calming Program to better respond to residential area traffic problems and authorize the Public Works Director to implement the new program. Summary: A comprehensive review of the City's existing Neighborhood Traffic Control Program was completed in an effort to improve its effectiveness. City staff worked with Transportation Consulting Northwest (a local transportation engineering firm) to collect and analyze neighborhood traffic calming programs throughout the region and to develop a more effective and streamlined program for Kent. The proposed Residential Traffic Calming Program (RTCP) will utilize techniques that have worked throughout the region to address excess vehicle speeds and cut through traffic on residential streets. The program includes a two-phase approach; the first phase emphasizes education and enforcement while the second phase focuses on installation of traffic calming infrastructure such as traffic circles or speed humps. The second phase is available to those areas where the 85t"-percentile speed exceeds the posted speed limit by 10 mph or greater. Along with the new resolution, an updated informational brochure has been developed that will be sent to interested parties - the brochure is included in the agenda packet. Budget Impact: No impact - however the program places a large percentage of the work effort of the Transportation Engineering section into the Residential Traffic Calming Program. Residential Traffic Calming Program Administrative Process i 1 Citizen Request RTCP Brochure and Action Request Form sent Request Form Received t Data Collection and Field Review Analysis 6-8 weeks Develop Phase I Traffic Improvement Plan and Survey Neighborhood Implement Phase I Plan and Monitor Effectiveness throughout the Year Yes Effective? No Monitor After 1 Year For Develop Phase 2 and Long Term Effects Survey Neighborhood Convene Neighborhood Meeting Implement Phase 2 and 4 Monitor Effectiveness 6 Month Review and Residential Area Survey 1 Revise, Remove or Retain Permanently Monitor After 1 Year for Long Term Effects f �I RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 1546 and adopting a new Residential Traffic Calming Program to better respond to residential area traffic problems and authorizing the public works director to implement the new program. RECITALS A. Residential streets within the City of Kent have measurable safety and community character impacts due to the speed and volume of through traffic. Such impacts have been addressed by the Neighborhood Traffic Control Program, previously adopted on July 6, 1999, Resolution No. 1546. B. The Mayor and City Council recognize the need to update and otherwise revise the means by which residential traffic impacts are addressed, and have directed the City's Public Works Department to consider proven solutions that include resident involvement. In response, the Department conducted research on residential traffic calming efforts throughout the United States and developed a new program to be called the "Residential Traffic Calming Program (RTCP)." A copy of the RTCP is appended hereto as Exhibit "A." 1 Residential Traffic Calming Program C. On December 15, 2008, the Public Works Committee heard a presentation by the Public Works Engineering Department regarding the RTCP. On March 16, 2009, the Public Works Committee reviewed the RTCP in final form and recommended its adoption by resolution. The City Council i has had the opportunity to review the RTCP and the public was given the opportunity to comment on the RTCP at the regularly scheduled Council Meeting on April 7, 2009. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Repealer. Resolution No. 1564 which adopted the City's Neighborhood Traffic Control Program is hereby repealed in its entirety. SECTION 2. Program Adopted. - There is hereby adopted the Residential Traffic Calming Program (RTCP) attached and incorporated as EXHIBIT A. The RTCP is general in nature, establishing overall policies and approaches, but leaves the specific details of implementation to the public works director, in order to adapt program implementation to meet neighboorhood needs on a more flexible case-by-case basis. This program i is designed to focus on traffic speeds and volumes to the extent that they negatively impact residential environments. This is a phased program that will allow residents to identify problems and solutions specific to their neighborhoods. Initially, problems will be addressed by education efforts, driver alerts, and City notification to identified speeders. If necessary, i potential solutions may involve traffic calming devices, which could include the construction of physical structures to reduce volumes and speeds. Installation of physical structures will be considered after less intrusive means fail to yield acceptable results and shall be based upon sound 2 Residential Traffic Calming Program I engineering and transportation planning principles and with regard to neighborhood aesthetics. The RTCP will provide for periodic evaluation of the solutions as implemented and will include follow-up surveys to determine the resident satisfaction. SECTION 3. -Public Works Director Authorized. The Public Works Director is hereby authorized to implement the RTCP and to adopt procedures and standard construction plans consistent with the principles set forth in this resolution. SECTION 4. -Availability of Program Details. A copy of the Residential Traffic Calming Program is appended to this resolution and shall be kept on file with the City Clerk and the Public Works Department. Brochures summarizing the RTCP will be made available to the public. SECTION 5. - 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 6. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 7. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. 3 Residential Traffic Calming Program 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 12009. f SUZETTE COOKE, MAYOR f ATTEST: BRENDA JACOBER, CITY CLERK i APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I � 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. i BRENDA JACOBER, CITY CLERK i P:\Civil\Resolution\RcsidcntialTrafficCalming.docx i 4 Residential Traffic Calming Program I EXHIBIT ""A" RESIDENTIAL TRAFFIC CALMING PROGRAM The Residential Traffic Calming Program (RTCP) deals with problems common to many cities; cut-through and speeding traffic on residential streets. Sometimes, the problems are related. Drivers attempting to save time may cut-through a residential area to avoid congestion on certain arterials or to avoid inconvenient traffic control devices. They may also drive at speeds that exceed the posted limits in order to make it through the residential area quickly. Consequently, some of the traffic control devices employed to address volume control are very similar to those that address speed control. They are designed to either force drivers to slow down (thereby eliminating the time saving incentive for using the street as a cut-through), or to prevent them from entering a particular street section altogether. Much of the time, the greatest single cause of neighborhood speeding problems rests with the neighbors themselves. As drivers become comfortable with their everyday driving routes, speeds tend to increase. This is particularly true of the roadways nearest the home, which are travelled most often. Part of the RTCP is to educate drivers about their own practices to ensure the neighbors are doing their part to keep neighborhood speeds down. The RTCP is comprised of two phases: • Phase I employs a variety of passive control devices. • Phase II involves physical alterations to the street section. Criteria have been developed to delineate the threshold conditions that warrant the use of various traffic calming devices. The criteria were designed to support and maintain safety for pedestrians, bicycles and automobiles traveling on residential streets as determined by the transportation element of the city's comprehensive plan. Typically, speed limits are determined by the design of the roadway, the behavior of reasonable and prudent drivers on that roadway, and statutory requirements. The speed limits for Washington state roadways are determined by RCW 46.61.400. They are 25 miles per hour on city and town streets, 50 miles per hour on county roads, and 60 miles per hour on state highways. RCW 46.61.415 gives local jurisdictions the authority to increase or decrease the speed limit based on an engineering and traffic investigation which determines that it is reasonable to do so. Local jurisdictions cannot increase the speed limit to more than 60 miles per hour, or decrease it to less than 20 miles per hour. Speed limit enforcement can be an effective traffic calming measure; however, it is neither realistic nor practical to rely on the constant presence of law enforcement officers to ensure that drivers rigidly adhere to speed limits. Problem areas in neighborhoods are to be identified through a combination of traffic speed studies conducted by neighborhood volunteers and City staff. If a speeding problem is confirmed by these traffic studies, Phase 1 traffic calming measures will be discussed with the neighborhood. Once a consensus has been reached with the neighborhood, Phase 1 measures will be implemented. Speeds will be assessed following placement of these measures and after sufficient time has elapsed for behavior modification to occur. If speeds continue to exceed the following levels, the neighborhood will be eligible to move to Phase 2 of the program: Speed Limit: 85% Speed: 25 mph 35 mph or greater 30 mph 40 mph or greater If neighborhood speeds do not exceed these levels, City staff is available to l continue implementing Phase 1 measures, but Phase 2 measures will not be implemented. f Phase 2 of the RTCP involves formation of a Residential Traffic Committee and selection of traffic calming devices to be constructed within the neighborhood to reduce traffic speeds and volumes. The Residential Traffic Committee will work with City staff to select the preferred measures and ` locations that will most effectively lower traffic speeds and volumes. The attached flow chart describes the process. I I i i Kent City Council Meeting Date April 7, 2009 Category Consent Calendar - 6G 1. SUB7ECT: UPPER MERIDIAN VALLEY CREEK CULVERT REPLACEMENT AT SE 234T" STREET - RELEASE OF INFRASTRUCTURE IMPROVEMENTS AND BILL OF SALE TO SOOS CREEK WATER AND SEWER DISTRICT - ACCEPT 2. SUMMARY STATEMENT: Accept the release of infrastructure improvements and authorize the Mayor to sign the Bill of Sale to Soos Creek Water and Sewer District for the Upper Meridian Valley Creek Culvert Replacement at SE 234th for 2 gate valves, 42 linear feet (LF) of service connection, 23 LF of steel casing pipe, 109 LF of 8" diameter water main, 2 manholes, 36 LF of steel casing pipe, and 106 LF of 8" diameter sanitary sewer line. 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: SOOS CREEK WATER AND SEWER DISTRICT ATTN: Ken Van Den Bergh PO BOX 58039 KENT RENTON,WASHINGTON 98058-1039 WASH 114 G T O N Project: UPPER MERIDIAN VALLEY CREEK CULVERT REPLACEMENT AT SE 234Tn ST. BILL OF SALE SOOS CREEK WATER AND SEWER DISTRICT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of , 2009, by and between City of Dent, a reinafter called "Gra municipal corporation of the State of Washington, he fter called"Grantee'eek Water and Sewer District,a municipal corporation of the State of Washington,herema WITNESSETH: � Grantor for valuable consideration does hereby grant, bargain, and sell to Grantee the following describe improvements based on Exhibit"A": A. WATERMAWS: Together with a total of 2 gate valves at$ 905.00 each, 1 service connection 1" diameter at$ 50__ 9.00_each, 2 connections to existing water main at$2,305.00 each, 42 LF 1" Diameter water service line at$ 1.00 per LF, 23 LF, 14" O.D. steel casing pipe at$ 250.00 per LF, and/or any other appurtenances thereto. FROM ON (street,easement, etc.) SE 234T"STREET 128T" 130T"AVENUE SE PLACE SE Including 109 linear feet at$ 56.00 per LF of 8"DIAMETER (size&type)DUCE IRON, CL 52 waterline, I B. SANITARY SEWERS: 1 UNDER 12' TYPE 14811 DIAMETER manhole at$ 2.824.00 each, Together with a total of 1 12' TO 20' TYPE 1 48"DIAMETER manhole at$ 3,579.00 each, _36 LF, 14" O.D, steel casing pipe at$250.00 per LF, and/or any other appurtenances thereto. Bill of Sale 1 of 4 I ON FROM TO (street, easement,etc.) SE 234TH STREET 128TH PLACE SE 130TH AVENUE SE Including 106 linear feet at$ 98.00 per LF of 8"DIAMETER (size&type) DUCTILE IRON, CL 52 sewerline, I i 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 in consideration of Grantee,for itself, its successors and assigns agreeing to incorporate said utilities in its utility system and to maintain them. Grantee accepts the items subject to completion of a I year maintenance period, which begins on the date this Bill of Sale is executed by Grantor. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this oZ� day of WAA CIS ,2009. Ron Speer District Manager STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Ron Speer is the person who appeared before me, and said person aciciowledged that he signed this instrument, on oath, stated that he is authorized to execute the instrument on behalf of the Soos Creels Water and Sewer District as its District Manager, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument, -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official h� g\\\\\ + , seal t .°ti dui� ear first above written. f ti � � NOTARY PUBLIC, in and for the to is0x 10 of Washington, residing at e °r ©a My appointment expires ,lll��l11 tea Bill of Sale 2 of 4 IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this day of ,2009. Suzette Cooke Mayor STATE OF WASHINGTON ) ss. COUNTY OF ICING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment 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, Icing County, Washington, on the day of , 2009. Bill of Sale 3 of 4 i KENT W A S H I N G T O N ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for the Upper Meridian Valley Creek Culvert Replacement at S.E. 264" I Street project are based on the final pay estimate to the City's Contractor, dated December 18,2007. Alexander M. Murillo,the undersigned P.E. is the person responsible for the preparation of the Bill of Sale and is an employee of the City of Kent. is AL Signature ECG Signature (Engineer stamp required) EXPIRES 6/29/ZAyb i Bill of Sale 4 of 4 f Contractor's Construction,Construction Inspection and City's Administration Costs for Water and Sewer Relocation on SE 234th Street No. Description Unit Price Quantity Unit Total 1000 Mobilization $ 5,500.00 1 LS $ 5,500.00 2000 8"Connection to Existing Water Main $ 2,305.00 2 EA $ 4,610.00 2005 8"Dia D.I.,CL 52 Water Main Pipe $ 56.00 109 LF $ 6,104.00 2010 8"Gate Valve,MJ x FL $ 905.00 2 EA $ 1,810.00 2015 Service Connection 1"Diameter $ 509.00 1 EA $ 509.00 2020 Water Service Line 1"Diameter $ 1.00 42 LF $ 42.00 2025 14"O.D.,0.25"Thick Steel Casing Pipe $ 250.00 23 LF $ 5,750.00 2030 Shoring or Extra Excavation Class"B" $ 1.00 800 SF $ 800.00 2032 Removal and Disposal ofA-C Water Main Pipe $ 56.00 207 LF $ 11,592.00 2040 Pipe Zone Bedding for Water Main $ 29.00 50 TON $ 1,450.00 2045 Bank Run Gravel for Trench Backfill $ 23.00 120 TON $ 2,760.00 3000 D.I.Sewer Pipe,8"Dia.CL 52 $ 98.00 106 LF $ 10,388.00 3010 Manhole Under 12',Type 148" Dia. $ 2,824.00 1 EA $ 2,824.00 3015 Manhole 12'to 20',Type 148" Dia. $ 3,579,00 1 EA $ 3,579.00 3020 Locking Manhole Frame and Cover $ 248.00 2 EA $ 496.00 3030 Shoring or Extra Excavation Class"B" $ 1.00 1600 SF $ 1,600.00 3040 14"O.D.,0.25"Thick Steel Casing Pipe $ 250.00 36 LF $ 9,000.00 3045 Pipe Zone Bedding $ 29.00 50 TON $ 1,450.00 3050 Bank Run Gravel for Trench Backfill $ 23.00 200 TON $ 4,600.00 Sub Total $ 74,864.00 Sales Tax 8.9% $ 6,662,90 $ 81,526.90 *7.83%Inspection&Administration Cost $ 6,383,56 TOTAL $ 87,910.46 *Based on$23,521.36 Inspection&Administration Cost Divided By Total Construction Cost of$300,588,77=7,83% M Kent City Council Meeting Date April 7,2009 ' Category Consent Calendar - 6H ' 1. SUBJECT: LAKE MERIDIAN OUTLET - RELEASE OF INFRASTRUCTURE IMPROVEMENTS AND BILL OF SALE TO SOOS CREEK WATER AND SEWER DISTRICT - ACCEPT 2. SUMMARY STATEMENT: Accept the release of infrastructure improvements and authorize the Mayor to sign the Bill of Sale to Soos Creek Water and Sewer District for the Lake Meridian Outlet for 45 Lineal feet (LF) of steel casing pipe and 48 LF of 8" diameter sanitary sewer line. 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: SODS CREEK WATER AND SEWER DISTRICT ® ATTN: Ken Van Den Bergh PO BOX 58039 KEN WASH 1 N C3 T O N RENTON, WASHINGTON 98058-1039 Project: LAKE MERIDIAN OUTLET BILL OF SALE SOOS CREEK WATER AND SEWER DISTRICT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of , 2009, by and between City of Kent, a municipal corporation of the State of Washington, hereinafter called "Grantor", and Soos Creek Water and Sewer District, a municipal corporation of the State of Washington, hereinafter called "Grantee": WITNESSETH: Grantor for valuable consideration does hereby grant, bargain, and sell to Grantee the following described improvements based on Exhibit"A": A. SANITARY SEWERS: Together with a total of 45 LF, 14" O.D. steel casing pipe at $ 162.00 per LF, and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) VACATED 148TH AVE. SE 152ND WAY SE LAKE MERIDIAN PARK Including 48 linear feet at$ 75.00 per LF of 8"DIAMETER (size&type) DUCTILE IRON, CL 52 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 fi-om all encumbrances; that all bills for labor and materials have been paid; that if 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 in consideration of Grantee, for itself, its successors and assigns agreeing to incorporate said utilities in its utility system and to maintain them. Grantee accepts the items subject to completion of a 1 year maintenance period,which begins on the date this Bill of Sale is executed. Bill of Sale 1 of 4 IN WITNESS WHEREOF, the u dersigned has caused this instrument to be executed on this o?° day of kW X/ ,2009. Ron Speer District Manager STATE OF WASHINGTON ) ss. COUNTY OF ICING ) I hereby certify that I know or have satisfactory evidence that Ron Speer is the person who appeared before me, and said person acluiowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the Soos Creels Water and Sewer District as its District Manager, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing I instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the 4,006'rOd;year first above written. i U)% NOTARY PUBLIC, and for the State 7 �i, 6 uf31`0:1 I ^'4rrrr'22_10 1,-00 r of Washington, residing at 6 .-_Z1 My appointment expires ,1 1 I , Bill of Sale 2 of 4 E IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this day of ,2009. Suzette Cooke Mayor STATE OF WASHINGTON ) ss. COUNTY OF ICING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment 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 ,2009. Bill of Sale 3 of 4 i I i_ 40 KEN T WASH INCITON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY,WASHINGTON r The figures used on the Bill of Sale for the Lake Meridian Outlet project are based on the final pay estimate to the City's Contractor, dated September 25,2007. Alexander M.Murillo,the undersigned P.B. is the person responsible for the preparation of the Bill of Sale and is an employee of the City of Kent, i Signature -P 37912 ?ha (Engineer stamp required) ��S ONAL EXPIRES 6/29/Z010 Bill of Sale 4 of 4 i Contractor's Construction,Construction Inspection and City's Administration Costs for Sewer Main Relocation at Lake Meridian Outlet No. Description Unit Price Quantity Unit Total 2005 Foundation Material,Class I and II $ 25.00 39 TON $ 975.00 2010 Traffic Control Labor $ 52.00 16 HR $ 832.00 2015 8"Dia.Ductile Iron Class 52 Sanitary Sewer Pipe $ 75.00 48 LF $ 3,600.00 2020 14"O.D.,0.25"Thick Steel Casing Pipe $ 162.00 45 LF $ 7,290.00 2025 Pipe Zone Bedding $ 25.00 63 TON $ 1,575.00 2030 Bank Run Gravel for Trench Backfill $ 25.00 79 TON $ 1,975.00 Sub Total $ 16,247.00 Sales Tax 8.9% $ 1,445.98 $ 17,692.98 *2.97%Inspection&Administration Cost $ 525.48 TOTAL $ 18,218.46 *Based on$1,966.02 Inspection&Administration Cost Divided By Total Construction Cost of$66,237.18=2.97% EXHIBIT Kent City Council Meeting Date Agril 7, 2009 Category Consent Calendar - 6I 1. SUBJECT: LAKE MERIDIAN OUTLET - RELEASE OF INFRASTRUCTURE IMPROVEMENTS AND BILL OF SALE TO KING COUNTY WATER DISTRICT NO. 111 - ACCEPT 2. SUMMARY STATEMENT: Accept the release of infrastructure improvements and authorize the Mayor to sign the Bill of Sale to King County Water District No. 111 for the Lake Meridian Outlet for 1 gate valve, 1- 4" blowoff assembly, 22 linear feet (LF) of steel casing pipe, and 63 LF of 8" diameter water main. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: MAIL TO: KING COUNTY WATER DISTRICT NO. 111 ATTN: William C. Hall 27224 144th Avenue SE KEN T Kent,WASHINGTON 98042 WASH INOTC?N Project: LAKE MERIDIAN OUTLET BILL OF SALE KING COUNTY WATER DISTRICT NO. I I I KING COUNTY,WASHINGTON THIS INSTRUMENT made this �77-day of , 2009, by and between City of Dent, a municipal corporation of the State of Washington, h reinafter called "Grantor", and King County Water District No. 111, a municipal corporation of the State of Washington, hereinafter called "Grantee": WITNESSETH: Grantor for valuable consideration does hereby grant, bargain, and sell to Grantee the following described improvements based on Exhibit"A": A. WATERMAINS: Together with a total of 1 12" gate valve at$ 5,225.00 each, 1 4"blowoff assembly at$ 4,270.00 each, 2 connections to existing 8"water main at$2 280.00 each, 22 LF,20" O.D. steel casing pipe at$ 100.00 per LF, and/or any other appurtenances thereto. ON' FROM TO (street, easement, etc.) VACATED 148TH AVE. SE 152ND WAY SE LAKE MERIDIAN PARK Including 63 linear feet at$ 315.00 per LF of 12"DIAMETER (size&type)DUCTILE IRON, CL 52 waterline. Bill of Sale 1 of 4 i To have and to hold the same to the said Grantee,its successors and assigns forever. f 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). j I The Bill of Sale is given in consideration of Grantee, for itself, its successors and assigns agreeing to incorporate said utilities in its utility system and to maintain them. Grantee accepts the items subject to completion of a 1 year maintenance period, which begins on the date this Bill of Sale is executed by Grantor. IN WITNESS WHEREOF,, the undersigned has caused this instrument to be executed on this day of 12009. William C.Hall I General Manager STATE OF WASHINGTON ) ss. COUNTY OF KING r C I hereby certify that I know or have satisfactory evidence that E�is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the King County Water District No. 111 as its General Manager, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. f -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ALICE. R. MARSHALL N0`IPk1Q,,Y PUBLIC N TARY PUBLIC, in and fort State STATE OF 4t'F�SNIWGTON 14 COMf`,-W.�31:�N EXPIRES of ashington, residing at ftsLc. tt� FEBRttnrtY 28,2010 M appointment expires 2-Z�LO to . ..... ?:" 4 l I Bill of Sale 2 of 4 1 I I IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this day of ,2009. Suzette Cooke Mayor STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment 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 ,2009. Bill of Sale 3 of 4 i i I i 40 KEN W A S H I N O T O N ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY,W ASHINGTON The figures used on the Bill of Sale for the Lake Meridian Outlet project are based on the final pay estimate to the City's Contractor, dated September 25,2007. Alexander A Murillo,the undersigned P.E. is the person 4 y responsible for the preparation of the Bill of Sale and is an employee of the City of Kent. gR M. a Q _ I Signature ��F s OIs /J (Engineer stamp required) ` EXPIRES 6/ I I Bill of Sale 4 of 4 �I Contractor's Construction,Construction Inspection and City's Administration Costs for Water Main Relocation at Lake Meridian Outlet No. Description Unit Price Quantity Unit Total 1000 Mobilization $ 1,000.00 1 LS $ 1,000.00 1005 8"Connection to Existing Water Main $ 2,280.00 2 EA $ 4,560.00 1010 12"Ductile Iron Water Main,Class 52 $ 315.00 63 LF $ 19,845.00 -- 1020 20"O.D.,Steel Casing Pipe 0.375"Thick $ 100.00 22 LF $ 2,200.00 1025 12"Gate Valve,Resilient Wedge w/Valve Box $ 5,225.00 1 EA $ 5,225.00 1030 4"Blowoff Assembly $ 4,270.00 1 EA $ 4,270.00 1035 Pipe Zone Bedding for Water Main $ 25.00 30 TON $ 750.00 1040 Bank Run Gravel for Trench Backfill for Water Main $ 25.00 100 TON $ 2,500.00 1055 Foundation Material Class I and II for Water Main $ 25.00 20 TON $ 500.00 Sub Total $ 40,8%00 Sales Tax 8.9% $ 3,635.65 l $ 44,485.65 *2.97%Inspection&Administration Cost $ 1,321.22 TOTAL $ 45,806.87 i *Based on$1,966.02 Inspection&Administration Cost Divided By Total Construction Cost of$66,237.18=2.97% _ i _I i. l 3 i s� 1 ` EXHIBIT Kent City Council Meeting Date April 7, 2009 Category Consent Calendar - 61 1. SUBJECT: EARTHWORKS PARK DAM IMPROVEMENTS - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Earthworks Park Dam Improvements Project as complete and release retainage to Pivetta Brothers Construction upon receipt of standard releases from the state and release of any liens. The original contract amount was $834,409.88. The final contract amount was $807,526.45. i 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent City Council Meeting Date April 7, 2009 Category Other Business - 7A 1. SUBJECT: RESOLUTION TO COLLABORATE WITH THE FEDERAL WAY SCHOOL DISTRICT - ADOPT 2. SUMMARY STATEMENT: The Federal Way School District and the City of Kent own adjoining parcels of real property on the West Hill of Kent. By adopting this resolution, the Kent City Council expresses its intent to continue collaboration with the Federal Way School District on the City's development of West Hill Park, and the school district's rebuilding and refurbishing efforts at Sunnycrest Elementary. As development plans begin to emerge, the City and the school district will work toward a formal agreement for council consideration that more clearly defines each agency's role, commitment, and responsibilities. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Staff (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 Pmoves, Councilmember seconds to adopt Resolution NLAhoolrict which declares the City's intent to collaborate with the Federal Way regarding the refurbishing of Sunnycrest Elementary and the development of West Hill Park. DISCUSSION: ACTION: I 1 CI- RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, evidencing the City's intent to continue collaboration efforts with the Federal Way School District regarding the City's development of West Hill Park, and the Federal Way School District's rebuilding and refurbishing efforts at Sunnycrest Elementary. RECITALS A. The Federal Way School District and the City of Kent own adjoining parcels of real property on the West Hill of Kent. The City owns property known as West Hill Park located at Military Road and S. 244th, which it intends to develop into a neighborhood park, and the Federal Way School District owns property located at 24629 - 42"d Avenue South, upon which it has constructed Sunnycrest Elementary School. B. During the November 2006 General and Special Election, the Federal Way School District adopted Proposition No. 1, which authorized general obligation bonds for the rebuilding and refurbishing of Sunnycrest Elementary, and other schools within the school district. Because the City's future neighborhood park and Sunnycrest Elementary are adjacent to one another, Kent Parks, Recreation, and Community Services and the Federal Way School District have expressed their mutual desire to 1 Collaboration with the Federal Way School District Re; Sunnycrest Elementary i coordinate their projects in an effort to more effectively utilize scarce resources. Through this resolution, the Kent City Council expresses it desire to continue to work collaboratively with the Federal Way School District as each agency proceeds with its development project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION Y. - Project Coordination. By its adoption of this resolution, the Kent City Council expresses its intent to continue collaboration with the Federal Way School District on the City's development of West Hill Park, and the school district's rebuilding and refurbishing efforts at Sunnycrest Elementary. As development plans begin } to emerge, the City and the school district will work toward a formal I agreement for council consideration that more clearly defines each agency's role, commitment, and responsibilities. SECTION 2. - Severability. If any section, subsection, paragraph, t 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. M I i 2 Collaboration with the Federal Way School District Re: Sunnycrest Elementary I 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 April, 2009. CONCURRED in by the Mayor of the City of Kent this day of .April, 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 April, 2009. BRENDA JACOBER, CITY CLERK P:\Civil\Resolution\Federal W aySchoolDist-ParkDevelopmentCollaboration.doc 3 Collaboration with the Federal Way School District Re. Sunnycrest Elementary Kent City Council Meeting Date April 7, 2009 Category Other Business 1. SUB3ECT: WASHINGTON STATE SLO-PITCH UMPIRES ASSOCIATION AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Washington State Slo- pitch Umpires Association Agreement for the 2009 season. Participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. This year, 82 of 114 teams have chosen Washington State Slo-pitch Umpires Association (WSSUA) to service their games. As a result, the 2009 contract will likely exceed $25,000.00. Participant fees cover all costs for this program. 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT: Expenditure? X Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds, DISCUSSION: ACTION: KENT W A S H I N G T O N GOODS & SERVICES AGREEMENT between the City of Kent and Washington State Slo-pitch Umpires Association THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington State Slo-pitch Umpires Association organized under the laws of the State of Washington, King County, located and doing business at 19516 63rd PL NE, Kenmore, WA 98028 (hereinafter.the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Description: Adult Slowpitch Softball Umpiring Start time/Duration/Stop Time: April 13, 2009 to ►_ - : Event Location: City of Kent and Kent School District Athletic Fields The vendor agrees to credit the City of Kent $20.00 and One (1) dozen approved softballs for failure to provide umpire services for a scheduled game, per occurrence. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provid goods, materials, and services by completion of the Spring/Summer Softball Season, sa—VT, SOl Obq. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed 1 person/multiple games-$30.00 per game; 2 person/multiple games-$53.00 per game, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS &SERVICES AGREEMENT - 1 (Over$10,000,00, including WSST) Washington State Slo-pitch Umpire Association will submit an itemized invoice of games worked, umpires per game and fee incurred. Invoice may be divided into portions of the season, either on a monthly or bi-monthly schedule or one invoice for the entire program/season. j If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If j Vendor is unable, for any reason, to complete any part of this Agreement, the City j may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the j Vendor. 4 B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT f SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent f 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: A. The Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. I D. The Vendor 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. GOODS &SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS &SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. i A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and I 5. An analysis of the progress schedule showing the schedule change or k disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and f determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). i VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. ! IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. 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. GOODS &SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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 j provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to F 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 Vendor. 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 j the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. I H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and j municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this ' Agreement or accruing out of the performance of those operations. I 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. i GOODS &SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: /), CBy: � � By: (signature) 4j (signature) Print Name: ZAtvc-- Nl cQ.--65 - Print Name: Suzette Cooke Its 9Trym am toZ/Lor `/v C-H f cf� Its Mayor (title) DATE: 3 13'-e5 9 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Dale McGregor David E. Heldt/Kent Commons Washington State Slo-pitch Umpires City of Kent 19516 63rd PL NE 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 425-481-2005 (telephone) (253) 856-5000 (telephone) 425-481-2005 (facsimile) (253) 856-6000 (facsimile) APPROVE AS TO FORM: Ken L w D partment [In this field,you may enter the electronic filepath where the contract has been saved] GOODS & SERVICES AGREEMENT - 7 (Over$10,000,00, including WSST) Exhibit A Insurance Requirements for Softball Agreement Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CGT 00 01 and shall cover liability arising from premises, operations, independent contractors, personal injury and advertising injury, and liability assumed under the insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with the limits no less than $2,000,000 per each occurrence, 2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2'. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. 4. City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII, E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the Agreement. F. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for the subcontractors shall be subject to all of the same insurance requirements as state herein for the Contractor. Page 1 of 1 Issue Date: CERTIFICATE OF INSURANCE 1/20/2009 Producer: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Callrish Insurance Services CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE Dalton Brown AFFORDED BY THE POLICIES BELOW. 3736 Mt Diablo Blvd 301 Lafayette, CA 97549 INSURERS AFFORDING COVERAGE 877-345-4309 Insured: INSURER A: National Casualty Company United States Specialty Sports Association INSURER B: 611 Line Drive INSURER C: Kissimmee, FL 34744 INSURER D: 321-697-3641 INSURER E: COVERAGES The policies of insurance listed below have been Issued to the insured named above for the policy period indicated.Not withstanding any requirement,term,or condition of any contract or other document with respect to which this certificate may be Issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies.Aggregate limits shown may have been reduced by paid claims. TR Type of Insurance Policy Number Policy Policy Limits Effective Date Expiration Date A General Liability KR000000O0525300 1/1/2009 1/1/2010 Each Occurrence $2,000,000 Commercial General Liability Damage to Rented Premises(ea occ) $1,000,000 I Occurrence Basis Med Exp(any one person) $Excluded General Aggregate $None Personal and AdvInjury $2,000,000 Products-Comp/OPAgg $2,000,000 Participant Legal Liability $2,000,000 (I I Description of operations/vehicles/exclusions added by endorsements/special provisions: Coverage includes amateur play and practice in the insured sport for: City of Kent The Field/Facility Owner shown as the certificate holder shall be an additional insured but only with respects to liability caused by the negligent acts or omissions of the named insured and only with respects to losses resulting from amateur play and practice during USSSA sanctioned activities occurring between the coverage effective date listed below and the policy expiration date. Certificate Holder: Coves a Effective Date: 1/20/2009 1:49:00 PM Cancellation: Should any of the above described policies be j City of Kent cancelled before the expiration date thereof,the issuing insurer Dave Heidt will endeavor to mail 30 days written notice to the certificate holder named to the left, under Certificate Holder, but failure to do 220 4th Ave S so shall impose no obligation or liability of any kind upon the Kent WA 98032 insurer,its agents or represenatives. Certificate# USSSA-72755 Authorized Represenatives: "SJ— http://www.usssa.com/sports/IC.asp?Seqno=69A5B1Fnsur€ Insurer 1B-25BB-43FF-AB02-6DBCA0682A47&Ce... 1/20/2009 Policy Change0145 GU 269 Number THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL1201 1185 POLICY CHANGES POLICY NO. POLICY CHANGES COMPANY EFFECTIVE NATIONAL CASUALTY COMPANY KR000000O0156100 01/25/08 NAMED INSURED AUTHORIZED REPRESENTATIVE UNITED STATES SPECIALTY SPORTS ASSOC. INC K&K INSURANCE AGENCY, INC. COVERAGE PARTS AFFECTED PAGE 01 OF 01 COMMERCIAL GENERAL LIABILITY CHANGES FORM CG2012-"ADDITIONAL INSURED-STATE OR POLITICAL SUBDIVISIONS-PERMITS" IS BEING ADDED TO THE POLICY WITH REGARDS TO THE BELOW NAMED ADDITIONAL INSURED. CITY OF KENT DATES: 1/25/08 - 1/1/09 LLS 04/02/08 7 r onze R p esen ve Si na r Copyright Insurance Services Office,Inc., 1983 Copyright,ISO Commercial Risk Services,Inc.1983 POLICY NUMBER: KR00000O00156100 COMMERCIAL GENERAL LIABILITY CG 2012 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS- PERMITS i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i SCHEDULE I State Or Political Subdivision: i CITY OF KENT i I DATES: 1/25/08 - 1/1/09 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II —Who Is An Insured is amended to include 2. This insurance does not apply to: as an insured any state or political subdivision shown in the Schedule, subject to the following provisions: a. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations 1. This insurance applies only with respect to operations performed for the state or municipality;or performed by you or on your behalf for which the state b "Bodily injury" or "property damage" included or political subdivision has issued a permit. within the "products-completed operations haz- ard". I I I I CG 2012 07 98 Copyright,Insurance Services Office,Inc., 1997 Page 1 of 1 STATE O� o: t,��n -4 Am S"'m q L I CEE N At""ihE" MA STATE OF WASHINGTON UNIFIED BUSINESS ID #. 601 010 179 001 WASHINGTON STATE SOFTBALL UMPIRE.S ASSQCIAT10N WASHINGTON STATE SOFTBALL U.MPIRES. ASSOCIATION 18215 24 NE #201 SEATTLE WA 98155 By authority of RCW Chapter 19.02 (Chapter 319, (Laws of 1977), 1 certify that the above entity is duly registered and is licensed ,to .00nduct business in those areas shown below. Director,Department of Licensing TAX REGISTRATION #UfEMRLOYMENT INSURANCE INDUSTRIAL INSURANCE _ DEPARTMENT OF LICENSING, BUSINESS LICENSE SERVICES, OLYMPIA, WA 93504 TOLL FREE 500-562-8203 (206) 753-4401 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i 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 i 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. i 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i i i i EEO COMPLIANCE DOCUMENTS - 2 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this /;? day of mo20-4 , 200 9. For: l�U✓35tf�r�G�tix/�'�/1-7-� �',td�/�i� i/ O�� Title: Date: 3'l`L-o EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. f I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime I contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement, Dated this day of , 200 By: For: I Title: i I Date: I I i i I EEO COMPLIANCE DOCUMENTS - 3 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 Nsm KEN T W A S H I N O T O N OPERATIONS COMMITTEE MINUTES MARCH 3, 2009 Committee Members Present: Ron Harmon, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:02 p.m. 1. APPROVAL OF MINUTES DATED FEBRUARY 17, 2009 Thomas moved to approve the minutes of the February 17, 2009 Operations Committee meeting. Harmon seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED FEBRUARY 15, 2009 Finance Director Bob Nachlinger presented the vouchers for February 15, 2009 for approval. Harmon moved to approve the vouchers dated February 15, 2009. Thomas seconded the motion, which passed 3-0. 3. MOVE TO RECOMMEND TO APPROVE THE APPOINTMENT OF JACQUIE ALEXANDER TO THE LODGING TAX ADVISORY BOARD. Economic Development Director Ben Wolters advised that the Lodging Tax Advisory Board recommends Jacquie Alexander be appointed to the Board. Wolters noted that Ms. Alexander is the Executive Director of the Kent Downtown Partnership and typically it has been the practice of the Board that the Director of the Kent Downtown Partnership be a member. Ms. Alexander will continue in her current position which represents persons working in activities funded by Lodging Tax. In this position her term will expire on December 31, 2011. Questions were raised by the Committee which Wolters responded to. Harmon moved to recommend to approve the appointment of Jacquie Alexander to the Lodging Tax Advisory Board. Thomas seconded the motion, which passed 3-0. 4. MOVE TO RECOMMEND THAT THE OPERATIONS COMMITTEE APPROVE THE UNIFORM AND LAUNDRY SERVICE CONTRACT WITH CINTAS CORP. FOR A THREE YEAR PERIOD FORM THE DATE OF EXECUTION AND FORWARD THE ITEM TO THE MARCH 17, 2009 CITY COUNCIL AGENDA. Operations Committee Minutes March 3, 2009 Page: 2 Finance Director Bob Nachlinger advised that this contract covers uniform rental and laundering services for approximately 180 employees in twelve facilities. The employee groups covered by this agreement are primarily our Teamsters group. A RFP was sent out by an internal committee comprised of representatives from Finance, Public Works, Parks and Teamsters. The committee evaluated the responses in relation to the requirements of the agreements with the union, responsiveness of the vendors to the RFP requirements, vendor pricing over the life of the agreement, and the products and services offered by the vendor. Nachlinger noted that the budget impact for this contract is $382,066.64 over the three years of the contract and represents an approximate 10% reduction in our current costs. The pricing for each of the three responsive bidders is: Cintas $382,066.64 G & K $393,759.94 Unifirst $504,623.21 Nachlinger also advised that a detailed analysis and the committee recommendation is attached. Thomas moved to recommend that the Operations Committee approve the Uniform and Laundry Service contract with Cintas Corp. for a three year period from the date of execution and forward the item to the March 17, 2009 City Council agenda. Harmon seconded the motion, which passed 3-0. f S. MONTHLY FINANCIAL REPORT (INFORMATIONAL ONLY) Finance Director Bob Nachlinger presented a brief review of the January 2009 Budget Report. Nachlinger made reference to page 20 of the packet which shows a f Comparison to the January 2008 General Fund revenues and expenditures. Nachlinger pointed out the Sales Tax, Interest Income, Utility Taxes, Building Permits and Plan Check fees all being off. However, Municipal Court is doing well, they are above budget. Clark had questions directed at Chief Administrative Officer John Hodgson regarding if there has been any news from Olympia regarding the sales tax mitigation. Hodgson responded that it is too early in the budget process to know if it will be cut. Clark then asked about the economic stimulus package from the Whitehouse. Hodgson noted that Kent has a project high on the list; the East Valley Highway widening project. Hodgson then gave a high level overview of issues being used to close the projected $4 million budget gap. The Committee raised further questions that Nachlinger and Hodgson responded to. I The meeting adjourned at 4:25 p.m. Nancy Clary Operations Committee Secretary Page 1 ¢Y �KENT City of Kent Wa HnoTaH Parks and Human Services Committee Meeting Minutes of February 19, 2009 Call to Order: Debbie Ranniger called the meeting to order at 5:00 p.m. Council Committee Members Present: Debbie Ranniger, Elizabeth Albertson and Jamie Danielson substituted for Tim Clark. Item #1• Meeting Minutes Dated January 15, 2009 Elizabeth Albertson moved to approve the minutes of January 15, 2009. Jamie Danielson seconded and the motion passed 3-0. Item #2• City of Tukwila Homelessness Coordination Grant Agreement — Accept The City of Tukwila awarded the City of Kent Housing and Human Services Division a grant for $5,000.00 to continue the planning and coordination efforts that address homelessness in South King County. This grant is one contribution of many for this project, including United Way of King County, King County Housing Authority, and the Committee to End Homelessness in King County. Kent's Resource and Referral Coordinator Jason Johnson was assigned the program in April 2008. The funds will ensure that work continues through June 2009. Jason distributed a copy of the summary recording the recent count of unsheltered homeless in South King County. The summary reflects 60% of realistic numbers and represents a 2% increase throughout King County. Homeless numbers in Kent have risen from 110 in 2008, to 193 in 2009. Jason clarified that these numbers do not reflect temporary housing, shelters, hotel voucher use, or families living temporarily with friends and family. In 2008 alone, over 400 families benefitted from hotel vouchers. A count of homeless in shelters will be performed the second week in March. Jason suggested the following ways to get involved: food and clothing drives, financial contributions, and participation on local homeless committees. For more information on ways to help, go to the City of Kent Web Site and use the link to "South King County Response to Homelessness." Jamie Danielson moved to recommend Council accept the City of Tukwila Grant for $5,000.00 to continue coordination efforts in ending homelessness in South King County and authorize expenditure of funds in the Housing and Human Services budget. Elizabeth Albertson seconded and the motion passed 3-0. Item #3: 2008 Consolidated Annual Performance Evaluation Report (CAPER). Human Services Coordinator Dinah Wilson reported that in 2008, the city awarded $770,000.00 in Community Development Block Grant funds toward activities involving public services, micro-enterprise assistance, rehabilitation, human services, and planning and administration. The 2008 Consolidated Annual Performance and Evaluation Report is an account of the city's activities and accomplishments using Community Development Block Grant (CDBG) that is submitted to the U.S. Department of Housing and Urban Development (HUD). The report is required Page 2 annually and must be submitted by March 31., of each year. The report includes detailed 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. Elizabeth Albertson moved to recommend Council approve the 2008 Consolidated Annual Performance and Evaluation Report and authorize the Mayor to submit the report to HUD. Jamie Danielson seconded and the motion passed 3-0. I Item #4: Federal Department of Justice Grant Application for Safe Havens Program - Authorize, Jeff Watling announced that in January 2003, the city received a 3-year, $500,000.00 grant from the Federal Department of Justice Office on Violence Against Women. The funds established the Safe Havens Visitation and Exchange Center. As part of the original grant award, the city has the opportunity to apply for up to three years of additional funding through a non-competitive process. This application is for funding up to $175,000.00 for use over two years. Jamie Danielson moved to recommend Council authorize the Mayor to sign the grant application to the Federal Department of Justice for $175,000.00 in support of the Safe Havens Visitation and Exchange Center. Elizabeth Albertson seconded and the motion passed 3-0. Item #5: Consolidated Food Services Agreement for the Senior Center - Authorize Senior Center Manager Lea Bishop informed the Committee that Consolidated Food Management has provided meal service for seniors at the Kent Senior Activity Center since 1995. They present a nutritious hot meal with a salad bar, soup and dessert, as well as sandwich and salad options for a very reasonable cost. No other food service has competed with their rate. The center serves an average of 85 people per day. In 2009, the food charge becomes $6.00/meal for a meal that costs the center $5.65. Subsidized meals are provided for low income seniors at a cost of $3.50. This program has experienced an increase in requests since the financial decline in the economy. In order to qualify for the subsidized program, participants go through an application process that includes proof of Social Security payments and/or copies of bank statements. The cost of subsidized lunches is offset by community donations. Elizabeth Albertson moved to recommend Council approve the Consolidated Food Management agreement for lunch service at the Kent Senior Activity Center. Jamie Danielson seconded and the motion passed 3-0. Item #6: Community Development Block Grant Five-Year Plan - Adopt Parks Planner Lydia Moorehead explained that Kent is an entitlement city to Community Development Block Grant (XCDBG) funds. The previous plan was 1 updated for years 2002 - 2006. The newly updated plan will serve as a tool to take j advantage of potential economic stimulus funding, if it becomes available through the block grant program. The updated plan establishes which neighborhood parks qualify i Parks and Human Services Committee Page 2 Minutes of February 19, 2009 Page 3 for block grant funds and lists projects within qualifying parks that are currently included in the capital facilities plan. Funding eligibility require residents live in an area where at least 51 percent are in the low to moderate income range. The city has fourteen qualifying parks. Two of the projects are designated economic stimulus projects are: Kiwanis Tot Lot #1, for new play equipment and site furniture and the Senior Activity Center, for new site furniture replacement. The CDBG Five Year Plan will be folded into the City's Comp Plan. Jamie Danielson moved to recommend Council adopt the Parks 2009-2014 Community Development Block Grant Plan. Elizabeth Albertson seconded and the motion passed 3-0. Item #7• Washinciton State Dept of Community, Trade and Economic Development Reimbursable Grant Agreement for Clark Lake park -- Accept Parks and Open Space Superintendent Lori Flemm announced that in 2005, staff submitted a grant to the Washington State Department of Community, Trade and Economic Development. The grant award of $492,500.00 will reimburse the purchase of property at Clark Lake Park that could provide funding for a future retreat center. Elizabeth Albertson moved to recommend Council accept the Washington State Department of Community, Trade and Economic Development Grant of $492,500.00 for Clark Lake Park and reimburse the Land Acquisition Budget, Jamie Danielson seconded and the motion passed 3-0. Item #8: ESCO Services for HVAC Improvements at Riverbend and Centennial Building — Informational Jeff Watling stated that in November 2008, staff presented the Ten Year HVAC Plan to the Committee, reporting that part of the plan was to hire an Energy Services Company (ESCO) to audit a number of buildings. Results of the audit report recommended a mixed services approach to completing the projects. Eight of the ten projects are smaller scale and can be performed by city staff. The remaining larger projects, at Riverbend Golf Complex and Centennial building, would be contracted out to McKinstry at a total cost of $2,638,363.00for all ten projects. The two larger projects entail replacing the air handling equipment in the Centennial Center and replacing the HVAC system at Riverbend with a new ground source heat pump. The pump at Riverbend will pay for itself through energy savings and will eventually free up the necessary power to allow switching to electric golf carts in the future. Finance Director, Bob Nachlinger attended the meeting to explain an option for funding. The project cost could be paid internally using capital funds that are approved for designated projects. The fund would be reimbursed by selling additional bonds at a future date and paying them off over a ten-year period. Bob pointed out that bonds for the HVAC projects could be combined with the Panther Lake Annexation bonds, if it passes in 2010. Bob and Jeff reiterated the long-term cost savings when utilizing energy efficient design through ESCO services. Parks and Human Services Committee Page 3 Minutes of February 19, 2009 Page 4 Debbie Ranniger suggested applying for energy-saving federal funds to pay for the geothermal and electric golf cart projects at Riverbend. Staff plan to explore Energy Block Grant funds as well. Discussion on funding followed. Council directed staff to research current construction costs and to break them down by individual projects. The existing stability and life span of the HVAC equipment will be examined, and a comparison of costs to complete projects now vs. later will be evaluated. Staff will provide a follow-up report at the next Parks Committee meeting in March. Item #9: Potential Partnership with Federal Way School District for Property at West Hill Park - Informational Jeff Watling explained that the Federal Way School District approached the city to explore the idea of building a new school in conjunction with the new neighborhood park on West Hill. This is a great.opportunity to share costs in the purchase of play equipment and maintenance of the ball fields. Staff met with Federal Way School District staff and discussed developing a "Letter of Interest" that will outline how the joint development of the property will benefit both the city and the school district. A feasibility study is necessary. Staff will report progress to Council in March. Item #10: What's Happening in Parks — Informational • The fee machine at the Lake'Meridian Boat Launch is installed and staff is j being trained. Fees will begin on March 2. • The Youth Tree Education Program kick off is from March 3 to April 3. Thirty- two elementary schools are participating. • Park and Police staff are working together to sponsor an art mural competition for the West Hill Skate Park. The goal of this joint effort is to encourage ownership of the park and a better respect of the amenities. Submissions are due to Victoria Andrews by April 30. A volunteer event is planned for Saturday, March 21, joining Police and Service Clubs to.paint over graffiti in parks and business throughout the city. • Lori Hogan and staff are making improvements to the Park's web page for better customer service. Park interactive maps and amenities are new ` features. • Jeff met with Kent Downtown Partnership to announce the city's decision to cancel the downtown hanging basket program this year due to budget adjustments. Debbie Ranniger suggested including the hanging basket program in the Kent Parks Foundation list of potential donation opportunities. The meeting adjourned at 6:10 p.m. Respectfully submitted, I Teri Petrole Committee Council Secretary I i Parks and Human Services Committee Page 4 Minutes of February 19, 2009 1 PUBLIC WORKS COMMITTEE MINUTES March 2, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Deborah Ranniger was present. Tim Clark sat in on behalf of committee member Debbie Raplee. Committee Member Ron Harmon was present. The meeting was called to order at 4:32 p.m. The items were moved around on the agenda and are reflected in the following minutes. ITEM 1- Approval of Minutes Dated February 02, 2009: Committee Member Harmon moved to approve the minutes of February 02, 2009. The motion was seconded by Clark and passed 3-0. ITEM 2- Information Only/Fire Response Time - 72nd Ave South: Larry Rabel, Fire Captain/Community Liaison and Ken Langholz Senior Project Engineer gave an informative PowerPoint presentation titled "Roadways and Fire Service Delivery." Rabel said that the Fire Departments level of service in regards to response time is lacking in some areas in Kent and specifically in the industrial north end north of SE 212th and east of 72nd Ave South because 72nd Ave does not connect with SE 196th Street. They would like to improve their drive time in this area, as they currently are not within their four (4) minute and fifteen (15) second drive time. He summarized the importance of implementation of the Transportation Improvement Plan by completing this project which would improve sub-standard service to more than 300 businesses in the area. Completion of the 72nd Ave S project would be cost effective in the long run because it would be much cheaper than building and staffing a new Fire Station with all of the related costs. No motion required, informational item only. ITEM -7 3 -Information Only/Water System Plan and Proposed Revenue Options: Larry Blanchard, Public Works Director gave a brief PowerPoint presentation hitting on recent milestones and provided updates on each item: 2008 Water System Plan - Adopted September 2, 2008 without the approval of rates from the consultant. Looked @ the potential sale of water to our neighbors to the east and south. Water Sale Discussion-expected revenue approximately $3,000,000 in additional water sales per year to the water fund when agreements secured. Water Rate Increase - Adopted December 9, 2008 not to go into effect until April 1, 2009. Increased base rate by 15% due to potential water sales. Updated information that Water Sales may not occur until 2012-2014, if @ all due to our neighbors negotiating with other water providers. Environmental Updates. Regarding the Habitat Conservation Plan and the Landsburg Mine Issue as they relate to Water Quality issues. Information Only No Motion Required ITEM 3 4 -Environmental Leaal Services for Landsburn Mine - Robert Bakemeier: Assistant City Attorney, Susan Jensen explained that the Landsburg Mine site is currently being addressed by the state's Department of Ecology and its Toxics Cleanup Program. The City is concerned about the potential environmental impacts of the site on the City's Clark Springs water source therefore; the City 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 cost is not expected to exceed $50,000 and Page 1of3 U;\PWCommittee\Minutes\PWMinutes 03 02 09.doc 2 PUBLIC WORKS COMMITTEE MINUTES March 2, 2009 will be paid out of the Water fund. Councilmember Clark thanked city staff for taking a look at all the options in the protection of Clark Springs. Clark moved to recommend Council authorize the Mayor to sign an engagement letter with attorney Robert Bakemeier for environmental legal services related to the Landsburg Mine site, which fees shall not exceed $50,000. The motion was seconded by Harmon and passed 3-0. ITEM 4 5 - Environmental Legal Services for Landsbura Mine - Aspect Consulting: Assistant City Attorney, Susan Jensen explained that 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 is requesting to retain the services of Aspect Consulting to conduct an objective review of action taken to date by Ecology, and provide overall guidance to the City of Kent during the development of the Clean-up Action Plan. j Harmon moved to recommend Council authorize the Mayor to sign a consultant services agreement with Aspect Consulting to allow the City Attorney to conduct additional environmental review and analysis related to the Landsburg Mine site within available budgets. The total contract amount for this initial review is expected not to exceed $48,617. The agreement is subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Clark and passed I 3-0. ITEM & 6 -Emergency Resolution - Kent Comprehensive Plan: Beth Tan, Sr. Environmental Engineer explained that the City of Kent is working toward completing an update to the Surface Water Design Manual for Council Approval, in July 2009. The updated storm water manual will address storm water 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. These recommendations are tentatively scheduled to be brought to the Public Works Committee for its consideration in July, 2009. The Emergency Resolution is needed, because the Comp Plan can only be updated in the fall. Clark moved to 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. The motion was seconded by Harmon and passed 3-0. ITEM 6 7-Information Only/Schedule for 256t" Street Proposed Local Improvement District LID 364: Deputy Public Works Director, Tim LaPorte and Project Manager, Mark Madfai gave a brief PowerPoint Presentation on the status of the SE 256t" Street Road Improvements. Slides depicted current road conditions as well as the proposed LID boundary area and formation schedule. Information Only No Motion Required I I Page 2 of 3 U:\PWCommittee\Minutes\PWMinutes 03 02 09.doc I 3 PUBLIC WORKS COMMITTEE MINUTES March 2, 2009 Added Item 8: SE 2481h St @ 101St Ave SE Sidewalk & Driveway Improvements - Mel Roberts Kent Bicycle Advisory Board (KBAB) member - Roberts, thanked Bill Thomas and his staff for keeping the shoulders and sidewalks swept. He also thanked Cathy Mooney, for updating the TMP maps. Roberts voiced concerns regarding Schedule B: SE 248th St Pedestrian Sidewalk Improvements, request for bids that went out recently. Staff will look into his suggestions and get back to him. Adjourned: The meeting was adjourned at 5:40 p.m. Next Scheduled Meeting: Monday, March 16, 2009 at 4:30 p.m. (note special time) Cheryl Viseth, Public Works Committee Secretary Page 3 of 3 U:\PWCommittee\Minutes\PWMinutes 03 02 09.doc r rCONTINUED COMMUNICATIONS A. r r r r r r r r r r r r r EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION