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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/16/2010 7-10 t CITY OF KENT i City Council Meeting k , Agenda {p February 16, 2010 jkP E r � Mayor Suzette Cooke Jamie Perry, Council President i � Councilmembers Elizabeth Albertson Ron Harmon K Dennis Higgins Deborah Ranniger Debbie Raplee KENT = F^`F WASNINOTON LesThomas - 2 I CITY CLERK 1 p atlrcWCo�Js .:� KENT CITY COUNCIL AGENDAS KENT February 16, 2010 I NGi0H Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. tItem Description Speaker Time JI 1. Intergovernmental Issues Michelle Witham 10 minutes 2. Parks & Open Space Master Plan Jeff Watling 30 minutes 3. Homeless Housing Jeff Watling 15 minutes COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Veterans Outreach Presentation D. Kent Arts Commission 2010 Community Arts Support Funding Recipients E. Legislative Update F. Public Safety Report 5. PUBLIC HEARINGS A. Ballot Proposition No. 1: Approve the Kent Fire Department Regional Fire Authority - Adopt Resolution of Council Support 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Subdivision Code Amendment Revising the Definition of Tract, Ordinance - Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED D. 2010 Pre-Annexation Budget Adjustment Ordinance - Adopt E. Goods and Service Agreement with Tiburon, Inc. - Authorize F. Enterprise Storage & Disaster Recovery Capacity Project - Authorize G. Valley Communications Center Refunding Bonds Ordinance - Adopt H. Contract for E. Fork Soosette Creek Channel Improvements - Authorize I. East Valley Highway Grant Funds - Accept and Authorize J. Contract for Monitoring Lake Fenwick and Lake Meridian - Authorize K. Washington State Department of Ecology Coordinated Prevention Grant - Authorize L. King County Waste Reduction and Recycling Grant - Authorize M. Contract for Waste Reduction and Recycling Activities and Programs - Authorize N. Krueger Short Plat Bill of Sale - Accept O. Cedar Pointe Short Plat Bill of Sale - Accept P. Command Vehicle Purchase - Authorize Q. Vehicle Transfer Agreement - Approve R. Washington Traffic Safety Commission Grant - Accept S. Panther Lake Annexation Area—Comprehensive Plan and Zoning Map Public Hearings—Delegate to Economic & Community Development Committee - Approve 7. OTHER BUSINESS A. Annexation Sales Tax Credit Certification Ordinance - Adopt 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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'6 Q G.Y v3- O p V•O in C O «- C) vat m O� °w ooY�oNm 0 vyo °• �iu �v0 � vin � H�AQU"> dE � E CL < m emu Lov COUNCIL WORKSHOP 1) INTERGOVERNMENTAL ISSUES 2) PARKS & OPEN SPACE MASTER PLAN 3) HOMELESS HOUSING i i PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 KENT Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 February16, 2010 TO: Kent City Council FROM: Lydia Moorehead, Parks Planner THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Council Workshop: Park & Open Space Plan Update An update to the Kent Park & Open Space Plan is underway and a draft plan has been completed. The update process is an opportunity to re-examine our vision for Kent Parks and prioritize our next steps for the short and long term future. The City's previous plan was adopted in June 2000 and is due for an update. During the spring and fall of 2009, public input was gathered and used to gauge changing community needs and priorities. Since then, specific implementation strategies have been identified and incorporated into a draft plan. The updated plan will be used to direct future development, acquisition and renovation of parks and open spaces. The draft plan allows us to take a detailed look at specific elements and recommendations. It analyzes the most recent census information, provides an updated park and open space inventory, updates level of service and goals and policies and recommends long and short term capital projects. The draft plan includes the four core themes that we have previously discussed: Kent's Legacy, Athletic Fields, Green Kent and Connectivity. A series of discussions have occurred at the Parks Committee meetings, beginning last Fall. This workshop is an opportunity to give the Council an update on the Park Plan. A brief 10 minute staff presentation will be followed by Council discussion and feedback. The Draft Park & Open Space Plan Update was included in the February 2, City Council Agenda packet for your review. If you cannot locate your copy, please call x5514 or x5100. Draft Parks & Open j Space Plan Kent Parks, Recreation & Community Services rxr�i�ia mma „ta�aai�,i eme a�dri�iad�� KENT N'wSNiu OTO� i CITY OF KENT - Parks & Open Space Plan - 2010 Table of Contents WHO WE ARE... 1. Introduction ................................................................ 1 WHERE WE ARE... 2. Background ................................................................ 3 Natural Resource Characteristics ................................... 4 Demographic Profile .................................................... 4 3. Park Inventory & Classification ...................................... 7 WHERE WE WANT TO GO... 4. Goals and Policies ...................................................... 13 5. Needs Analysis .......................................................... 26 ' Level of Service (LOS) ............................................... 26 Demographics .......................................................... 29 Public Participation .................................................... 29 Regional Coordination................................................ 30 HOW WE WILL GET THERE... 6. Implementation ......................................................... 31 Overview ................................................................. 31 Core Themes............................................................ 31 Long Term Capital Recommendations (2010-2030) ........ 33 Short Term Capital Recommendations (2010-2020) ....... 36 Financing ................................................................. 38 7. Appendices ............................................................... 43 A. Public Involvement............................................... 43 B. Relevant Regulations ............................................ 47 C. Capital Facilities Plan ............................................ 48 , D. Resolution/Ordinance Adopting Plan ....................... 48 CITY OF KENT - Parks & Open Space Plan - 2010 P P 1. Introduction Over the past several decades Kent has developed an award-winning network of parks, open spaces and recreation facilities. Kent's park and open space system provides a wide variety of recreation experiences, from the Arbor Heights 360 skate park and climbing pinnacle and the passive nature of Clark Lake Park, to the regional draw of the Russell Road softball/baseball complex and our stunning downtown gathering place, Town Square Plaza, there is something for everyone in Kent. Kent Parks' vision - "Creating a Better Community"- emphasizes the role parks play in the make-up of a vibrant community. Meeting the needs of our citizens has strongly influenced the character of the City's park system and has helped create a well-rounded and expansive network. Our recent park survey resulted in overwhelmingly positive comments about the City's existing system. Kent parks serve a community that has grown not only in numbers but in size and diversity. Kent is now home to more families, children and seniors than ever before. A quarter of Kent's residents were born outside the U.S. and one-third speak a language other than English at home. Over the past 20 years, the City has doubled in size as urban growth areas have been annexed. As Kent transitions from a suburban community to an urban center, the need to build upon Kent's legacy is crucial to meet the changing community's needs. The Park Plan update establishes a vision of a park system that addresses urbanization in its future development to better serve a growing community. The Parks Plan is a tool to help Kent meet this challenge. Park Plan Objectives The purpose of this plan is to guide the future acquisition, development and redevelopment of parks and open spaces as we progress into the next 20 years. This plan examines Kent's existing park and open space system, assesses needs, identifies short- and long-term recommendations, details funding sources and prioritizes our next steps. In addition, the plan will be incorporated into the City's Comprehensive Plan as an implementing document and will allow the City to retain eligibility for State grant funds. The Growth Management Act (GMA) provides planning goals for Parks and Open Spaces. Although the Parks Plan is a required element under GMA, Kent has long maintained a Park and Open Space Element because parks and recreational opportunities are viewed as an integral part of the City and essential to the quality of life for its citizens. The details of the Parks Plan will be included in the Park and Open Space Element of the City's Comprehensive Plan. 1 Chapter 2 - Introduction Philosophy The mission for the Parks and Community Services Department is to enrich the quality of life in Kent by providing parks and facilities that are safe, attractive, and that offer enjoyable and meaningful recreation and cultural programs, and supports human services. This is accomplished via development and maintenance of parks and facilities, professional programming, and the optimum utilization of community resources. The following mission statement articulates the Department's commitment to the community: Vision: Creating a Better Community Mission: Dedicated to Enriching Lives 1. We are committed to providing safe and inviting parks and facilities. 2. We offer meaningful and inclusive recreational, cultural and human service programs. 3. We are responsive, encouraging and ethical in our dedication to the community by providing: . . . Personal Benefits that strengthen self esteem, improve health and promote self sufficiency. . . . Social Benefits that bring families together and unite people within our diverse community. . . . Economic Benefits that welcome new business relocation and expansion, leading to a more productive work force and increased tourism opportunities. . . . Environmental Benefits that protect and preserve natural and open space areas and enhance air and water quality. As we seek to develop a park and opens space system that adequately meets the needs of Kent's citizens, this Plan will provide the necessary guidance to help us fulfill the Department's mission and work toward creating a better community. 2 CITY OF KENT - Parks & Open Space Plan - 2010 2. Background The City of Kent is the fourth largest city in King County, with a culturally diverse population of 88,380. Kent has a unique makeup, from its distinct residential neighborhoods, a regional manufacturing center to an extensive network of natural features; these make Kent an attractive destination for living, working and conducting business. Situated between Seattle and Tacoma, Kent's city limits cover a geographic area of 29 square miles with major residential areas on the east and west hills, a warehouse and distribution hub in the valley, a vibrant urban center, and commercial nodes scattered throughout. Over the past several decades Kent has developed an established network of parks, open spaces and recreation facilities totaling more than 1,300 acres. In 2003, Kent was selected Sports Illustrated Sportstown USA, which recognized Kent's innovation in the development of parks facilities and programming. In addition to providing parks and open spaces, Kent offers a wide variety of recreation programs. Kent's service area goes beyond the city limits, serving the entire Kent School District and portions of the Highline and Federal Way School Districts. Legend MaJor Water Featx e tra•i t ,,. Lavin Palk F3clll[lea �blVlel k3Ps WaterFmri es y }� o i i r \� II Poter�al Annexalon Area- City Limits a y sz r St`L' L tY bd{'vE.t�` Q:lrv, i+ f i}'I"i}'�W 6EQ1Si 7 n 9<•r: � l S f J t n�, L Me11 is 3 i Chapter 2 - Background Natural Resource Characteristics Kent is lucky to have a wide variety of natural systems that help define our city and make it unique. Some of the larger systems include two waters of the state: the Green River which runs north-south along the west side of the City and Lake Meridian located on Kent's east hill. There are several shoreline areas as designated by the Shoreline Management Act, which include: Lake Fenwick, Green River Natural Resource Area, Springbrook Creek, Jenkins Creek and the Mill Creek Auburn Floodway. In addition to these, the City has many areas that are considered critical or environmentally sensitive such as wetlands, streams, wildlife and fisheries habitat, geologic hazard areas, frequently flooded areas and aquifer recharge areas. An extensive urban forest stretches across and within many of these natural systems. Kent's natural systems have been subjected to widespread development over the years; however, many of these areas are incorporated and protected within the City's parks and open spaces. We have the opportunity to further protect and utilize these areas through increased stewardship and through acquisition of natural areas that are currently within private ownership. An example of recent efforts to preserve Kent's natural areas is the development of an urban forestry management program, currently underway. This program, titled Green Kent, will contain a 20- year action plan to manage our natural areas and take advantage of our enthusiastic volunteers by training citizens to become volunteer stewards. The community recognizes the need to protect natural areas. Our most recent park survey indicated that natural and open space areas were rated of extremely high importance to our users. Demographic Profile C Demand for park facilities are directly related to the makeup of the community in areas such as population, age, ethnic diversity and household makeup. A look at ' Kent's demographics is one measure that can help determine how much and what kind of parkland is needed to serve the specific needs of the community. The demographic information below is a broad overview based on information developed from the 2000 U.S. Census data. Population Growth r Significant growth over the last 20 years has underscored the need to plan for the next phase of Kent's parks and open spaces so that these spaces continue to meet the needs of the growing community. We also recognize that, due to fiscal constraints, we need to become more creative in the maintenance, redevelopment and programming of our existing parks as well as in the acquisition of future parks and open spaces. Establishing partnerships with other organizations will become 4 1� jCITY OF KENT - Parks & Open Space Plan - 2010 increasingly important if we are to continue to provide and maintain quality parks and open spaces. The City of Kent is the ninth largest city in Washington and fourth largest city in King County. Figure 1 depicts Kent's population growth, by decade, since 1960, and also reflects population projections to 2031. Annexation of the Panther Lake area to the northeast of the City's limits in July 2010 will add an additional five square miles and approximately 24,000 residents to our current population. By the year 2031, Kent's population is projected to reach 105,445 (or 132,833 including all potential annexation areas). Kent grew at an average rate of 10.9 percent per year in the 1990's compared to an average of 6.4 percent per year in the 1980's. A significant annexation occurred in January 1999 which accounts for a large part of the population increase during the 1990's. Growth is expected to slow to 2.5 percent from 2000 to 2031. Figure 1: Kent Population Growth 1960-2031 Kent Population Growth 120000 - 105,445 100000 88,380 79,524 80000 60000 - -- - -- 37,9 40000 23,152 20000 9,017 16,275 ---- 0 - 1960 1970 1930 1990 2000 2010 2031 US Census Bureau/OFM/PSRC/KingCounty Households There were 31,113 households in Kent in 2000, with an average of 2.53 persons per household, up from 2.33 in 1990. Family households make up 63 percent of households in Kent, with 38 percent of all households having children (individuals under 18 years of age) and 13.9 percent of all households including seniors (individuals 65 years and over). i I 5 Chapter 2 - Background Ethnic Diversity Kent's ethnic diversity is growing rapidly. Close to 29 percent of Kent's residents identified themselves as a race other than white, compared to 11 percent in the 1990 Census. The ethnic makeup of Kent is 70.8 percent white, 9.4 percent Asian, 8.2 percent African American, 8.1 Hispanic, 0.9 percent Native American, 0.7 percent Pacific Islander, 4.7 percent from other races and 5.3 percent from two or more races. The American Community Survey estimates that from 2005-2007, 31 percent of Kent's residents spoke a language other than English at home. Of those speaking another language, 30 percent spoke Spanish and 70 percent spoke some other language, and 56 percent reported that they did not speak English very well. The American Community Survey also estimates that from 2005-2007, 25 percent of people living in Kent were foreign born. Age Makeup Kent's population appears to be aging with an increased number of seniors and a higher median age. There are also a greater number of children under the age of 18. The 2000 census found that 27.7 percent of Kent's population was less than 18 years of age, compared to 24.7 percent in 1990. The 2000 census found that 7.3 percent of the population was 65 years or older, compared to 6.5 percent in 1990. The median age in 2000 was 31.8 years. The American Community Survey estimates that the median age from 2005-2007, was 33.9 years. Figure 2: Age Groups as a Percentage of Population 1990 Population i 2000 Populaton 6% i 7% ■0-17 s n0-17 16 ,,. h ■ 18-44 ' Q ■18-44 45-64 ®45-65 0 65+ _ 0 65+ ` 450/ j 6 CITY OF KENT - Parks & Open Space Plan - polo 3. Park Inventory & Classification Kent owns and/or leases 1,348 acres of parkland. The majority of this parkland is natural resource land, while the remaining is evenly distributed between Community and Neighborhood Parks, Recreation Facilities and undeveloped land. Since 2000, over 87 acres of additional parkland have been acquired. Parkland from the Panther Lake Annexation, which will be effective July 2010, is included in the inventory below. The City's parkland is generally broken down into the following categories: IFigure 3: Total Parks by Classification 9�/u ■Community Parks I go 1% ■Neighborhood Parks Indoor Recreation Facility 7A ■Outdoor Recreation Facility i ■Natural Resource ■Undeveloped ■Panther Lake Annexation Area Community Parks - A park that serves the entire City of Kent and includes facilities or amenities that are not offered elsewhere in the city. Amenities will vary at each park and may include boating, swimming, fishing, group picnic shelters, play equipment, trails, sport courts and ball fields. Access to the park is by car, public transit, foot or bicycle. Off-street parking is provided. There are eight Community Parks with a total of 111.9 acres. Facility Location Acres 1. Arbor Heights 360 east 2.82 2. Green River Parks Anderson Park valley 0.30 Briscoe Park valley 7.00 Cottonwood Grove valley 0.77 Russell Woods Park valley 7.00 Three Friends Park valley 1.00 Van Doren's Landing Park valley 10.00 7 Chapter 3 - Park Inventory & Classification 3. Lake Meridian Park east 16.02 I 4. Morrill Meadows east 16.31 5. Old Fishing Hole valley 5.70 6. Town Square Plaza valley 0.77 7. Urban Core Parks Burlington Green* valley 0.22 Castlereagh Park* valley 0.21 First Avenue Plaza valley 0.60 Kaibara Park* valley 0.56 Kherson valley 0.58 Rosebed Park* valley 0.23 SunnfJord Park valley 0.21 Titus Railroad Park valley 0.30 Uplands Extension* (Rotary Basketball & Lions Skate) valley 4.10 Yangzhou Park* valley 0.21 8. West Fenwick Park (includes West Hill Skate Park) west 37.00 Total 111.91 * Leased Land Neighborhood Park - A park designed to meet the active and passive recreation needs of an immediate neighborhood. A neighborhood is defined by surrounding arterial streets and access is usually by foot or bicycle. Parking spaces are typically not provided, unless on-street parking is not available, accessible or safe. Neighborhood parks have amenities for casual activities that are not programmed or organized. Amenities may include play equipment, picnic tables, hard courts (basketball, tennis), walking trails, and open grass areas. There are 24 neighborhood parks with a total of 80.94 acres. Facility Location Acres 1. Canterbury Neighborhood Park east 2.08 2. Chestnut Ridge Park east 3.33 3. Commons Park valley 2.66 4. East Hill Park east 4.62 5. Eastridge Park east 0.80 6. Garrison Creek Park east 5.00 7. Glenn Nelson Park west 10.00 8. Gowe Street Mini Park valley 0.10 9. Green Tree Park east 1.47 10. Green View Park east 1.10 11. Kiwanis Tot Lot #1 valley 0.60 12. Kiwanis Tot Lot #2 valley 0.41 13. Kiwanis Tot Lot #3 east 0.75 14. Kiwanis Tot Lot #4 valley 0.35 15. Linda Heights Park west 4.20 16. Meridian Glen Park east 5.47 17. Naden Avenue RV Park valley 0.70 8 CITY OF KENT - Parks & Open Space Plan - 2010 18. Park Orchard Park east 7.22 19. Pine Tree Park east 9.80 20. Salt Air Vista Park west 2.00 21. Scenic Hill Park east 4.10 22. Seven Oaks Park east 0.50 23. Springwood Park east 10.00 24. Sun Meadows east 1.54 L 25. Tudor Square Park east 4.70 26. Turnkey Park east 6.53 27. Walnut Grove east 0.30 Tota 1 90.33 Recreation Facility - Buildings and parks used by the community for social, cultural and programmed recreation. Outdoor recreational facilities are distinguished from other parks by the scheduled nature of the facilities. Recreational facilities include community centers, historic buildings, sports fields and golf facilities. These facilities serve the entire City of Kent, and in some cases, the region. Access to these facilities is by car, public transit, foot, or bicycle. Off- street parking is provided. Riverbend is unique from the other recreational facilities, because it is an enterprise facility, which is a self-sustaining, revenue generating facility that financially supports itself. Some of the facilities identified below include open space which may be developed in the future. Square Facility Location Acres Feet Indoor 1. Kent Commons valley 3.00 50,000 2. Kent Historical Museum valley 1.70 3,720 3. Kent Memorial Park Building valley 0.25 3,000 4. Kent Valley Ice Centre*** valley 3.60 65,154 5. Neely/Soames Historical House valley 1.00 2,256 6. Resource Center valley 0.44 6,000 7. Senior Activity Center valley 4.36 21,000 Subtotal 14.35 151J30 Outdoor 8. Kent Memorial Park valley 10.95 9. North Meridian Park Fields east 8.40 10. Service Club Park east 28.80 11. Russell Road Park valley 30.40 +� 12. Uplands Playfield valley 2.30 13. Wilson Playfields east 11.49 Subtotal 92.34 Golf Course 13. Riverbend Golf Complex-18 holes valley 131.00 111296 14. Golf Par 3, Driving Range, Mini-Putt valley 36.00 11800 Total 273.69 164,226 9 Chapter 3 - Park Inventory & Classification *** City Leased Land Natural Resource - Parks that are passive in nature and include areas of openness, environmentally sensitive areas, and/or wildlife habitat Amenities include passive recreation elements such as benches, bird watching platforms, fishing, trails, and open green areas. Facility Location Acres 1. Anderson Greenbelt valley 4.00 2. Campus Park east 16.50 3. Clark Lake Park (includes Lake rental 2.06) east 129.11 4. Eagle Scout Park valley 0.50 5. Foster Park valley 4.00 6. Green River Enhancement Area** valley 310.00 7. Green River Corridor/Trail valley 39.35 8. Ikuta Property Donation valley 0.90 9. Interurban Trail valley 10.35 10. Kennebeck Avenue valley 0.10 11. Lake Fenwick Park west 141.34 12. Mill Creek Canyon Park east 107.25 13. North Meridian Park east 67.06 14. Old Fire Station west 0.21 15. Puget Power Trail valley 20.00 16. Springbrook Greenbelt valley 5.00 17. West Canyon Open Space west 5.00 18. Willis Street Greenbelt* valley 4.00 Total 864.67 * Leased Land, ** Public Works Managed Undeveloped - Land area acquired by the city that has not yet been developed or programmed for recreational use. Facility Location Acres 1. 132nd Avenue Park (Dow Property) east 4.56 2. 277th Corridor Park east 4.58 3. Eagle Creek Park east 1.00 4. Hopkins Open Space east 1.34 5. Kronisch Property west 0.70 6. Midway Reservoir (W. Hill Neighborhood Park) west 9.67 7. Naden Ave. Property valley 6.45 8. Rainier View Estates east 1.17 9. Riverview Park valley 14.40 10. Valley Floor Community Park & Ballfields valley 50.05 Total 93.92 10 CITY OF KENT - Parks & Open Space Plan - 2010 Urban Center & Green River Subareas Kent contains two distinct areas comprising several parks. Kent's downtown includes 10 parks, which together, forms our Urban Center Community Parks. Parks within the Urban Center collectively provide a variety of amenities such as play areas, picnic tables, skate and basketball facilities, and passive open green areas. During festivals and other events downtown, these parks serve as gathering places and key focal points. The Green River features 13 parks stretching from Briscoe Park at the northern city limits to the 277th trail connection at the southern limits. Several of the parks provide passive green space, two are undeveloped, and the remaining provide a variety of amenities for fishing, play, barbecues, picnics and bicycling. Each of these subareas provides a distinct experience for park users based on the area. Greenways Greenways provide a contrast to urban density. They combine the natural functions and separations provided by a greenbelt with the linear and connected orientation of a parkway. Greenways are present in many existing parks and within privately owned property. They commonly exist because they include environmentally sensitive areas such as wetlands, streams or steep slopes. One of the most prominent greenways in Kent is within Mill Creek Earthworks Park ' - which starts at the base of the east hill and continues up the hill along both sides of Mill Creek. This greenway ' includes an urban forest, stream, i° wetlands, wildlife habitat and steep slopes. In addition to the environmental benefits of this area, Mill � Creek Greenway provides a break in ', the urban landscape and has the , -� potential to provide a much needed ° connection between the city center and w ithe east hill. ,' _ Given the limitations of public resources, urban greenway systems , N must be sensibly created and carefully i : . managed. Urban greenways can provide multiple benefits at an Mill Creek Canyon Greenway 11 Chapter 3 - Park Inventory & Classification i affordable price to a wide array of citizens. Green Kent Protecting natural areas in an urbanized area requires an active resource management program to provide long-term environmental, recreational, and social benefits. Green Kent, an urban forest management program currently being developed, will identify present conditions across approximately 2,000 acres of public land, and determine the resources required to realize a 20-year strategic plan of action. The long-term strategy will become the driving force to engage community groups and I build a network of support to achieve city-wide forest and natural area restoration goals. The following are Green Kent's goals: 1) Connect people to nature and improve the quality of life in Kent by restoring urban forests and other urban open spaces; 2) Galvanize an informed, involved, and active community around urban forest restoration and stewardship; and 3) Improve urban forest health, and enhance urban forest long-term sustainability, by removing invasive plants and maintaining functional native forest communities. 1 12 CITY OF KENT - Parks & Open Space Plan - 2010 4. Goals and Policies The following goals and policies express how our park and opens space system would best develop over the coming years and details how we will take measurable steps toward achieving the goals established below. Overall Goal: Encourage and provide opportunities for local residents to participate in life- enrichment activities via the development of parkland and recreational facilities, preservation of environmentally sensitive areas, professional programming, and the optimum utilization of community resources. I. Park & Recreation Facilities Goals & Policies Develop a high-quality, diversified recreational system for all abilities, ages and interest groups. Goal P&OS-1: Work with other agencies to preserve and increase waterfront access and facilities. Policy P&OS-1.1: Cooperate with King County, Kent, Federal Way and Highhne School Districts, and other public and private agencies to acquire and preserve additional shoreline access for waterfront fishing, wading, swimming, and other related recreational activities and pursuits; especially on the Green River, Lake Fenwick, Clark Lake, Lake Meridian, and Panther Lake. Policy P&OS-1.2: Develop a mixture of opportunities for watercraft access, including canoe, kayak, sailboard, and other nonpower-boating activities;, especially on the Green River, Lake Fenwick, Clark Lake, Lake Meridian, and Panther Lake, where practicable. Goal P&OS-2: Work with other public agencies and private organizations, including but not limited to the Kent and Federal Way School Districts, to develop a high-quality system of athletic facilities for competitive play. ' Policy P&OS-2.1: Develop athletic facilities that meet the highest quality standards and requirements for competitive playing for all abilities, age groups, skill levels, and recreational interests. 13 Chapter 4 - Goals & Policies Policy P&OS-2.2: Develop field and court activities like soccer, football, baseball, basketball, softball, tennis, roller hockey, and volleyball that provide for the largest number of participants, and allow for multiple use, where appropriate. Policy P&OS-2.3: Develop, where appropriate, a select number of facilities that provide the highest standard for competitive playing, possibly in conjunction with King County, Kent and Federal Way School Districts, and other public agencies and private organizations. Goal P&OS-3: Develop, maintain, and operate a high-quality system of indoor facilities that provide activities and programs for the interests of all physical and mental capabilities, age, and interest groups in the community. Policy P&OS-3.1: Maintain and expand multiple-use indoor community centers, such as the Senior Activity Center, and Kent Memorial Park Building, that provide arts and crafts, music, video, classroom instruction, meeting facilities, eating and health care, day care, and other spaces for all age groups, including preschool, youth, teens, and seniors on a year-round basis. Policy P&OS-3.2: Maintain and expand multiple-use indoor recreational centers, such as Kent Commons and the Kent-Meridian Pool, that provide aquatic, physical conditioning, gymnasiums, recreational courts, and other athletic spaces for all abilities, age groups, skill levels, and community interests on a year-round basis. Policy P&OS-3.3: Support the continued development and diversification by the Kent, Highline, and Federal Way School Districts of special meeting, assembly, eating, health, and other community facilities that provide opportunities to school-age populations and the community at large at elementary, middle, and high schools within Kent and the Potential Annexation Area. Policy P&OS-3.4: Develop and operate special indoor and outdoor cultural and performing arts facilities that enhance and expand music, dance, drama, and other audience and participatory opportunities for the community at large. 14 CITY OF KENT - Parks & Open Space Plan - 2010 Goal P&OS-4: Where appropriate, develop and operate specialized park and recreational enterprises that meet the interest of populations who are able and willing to finance them. iPolicy P&OS-4.1: Where appropriate and economically feasible (i.e., self- supporting), develop and operate specialized and special interest recreational 1 facilities like golf, ice skating, frisbee golf, mountain biking and archery ranges. I Policy P&OS-4.2: Where appropriate, initiate with other public agencies and private organizations joint planning and operating programs to determine and provide for special activities like golf, archery, gun ranges, off-leash areas, model airplane flying areas, frisbee gold, mountain biking and camping on a regional basis. Goal P&OS-5: Develop and operate a balanced system of neighborhood and community parks, with active and passive recreational opportunities throughout the City. Policy P&OS-5.1: Acquire and develop parks to meet the level-of-service needs as Kent's population grows and areas are annexed. Policy P&OS-5.2: Identify neighborhoods bordered by arterial streets and geographic features that act as natural barriers. Set aside neighborhood park land within each area to meet the levels-of-service. Policy P&OS-5.3: Develop amenities in parks for individual and group use, active and passive uses, while representing the best interests of the neighborhood or community as a whole. Policy P&OS-5.4: Encourage new single-family and multifamily residential, and commercial developments to provide recreation elements. II. Open Space and Greenway Goals & Policies Develop of a high-quality, diversified and interconnected park system that preserves and sensitively enhances significant open spaces, greenways and urban forests. The establishment of greenways as urban separators is a strategy that promotes connectivity of Kent's open space system. 15 Chapter 4 - Goals & Policies Goal P&OS-6: Establish an open space pattern that will provide definition of and separation between developed areas, and provide open space and greenway linkages among park and recreational resources. Policy P&OS-6.1: Define and conserve a system of open space and greenway corridors as urban separators to provide definition between natural areas and , urban land uses within the Kent area. Policy P&OS-6.2: Increase linkages of trails, in-street bikes lanes, or other , existing or planned connections with greenways and open space, particularly along the Green River, Mill Creek, Garrison Creek, and Soos Creek corridors; around Lake Fenwick, Clark Lake, Lake Meridian, Panther Lake, and Lake Young; and around significant wetland and floodways such as the Green River Natural Resource Area (GRNRA). Policy P&OS-6.3: Preserve, through acquisition as necessary, environmentally sensitive areas as greenway linkages and urban separators, particularly along the steep hillsides that define both sides of the Green River Valley and the SE 277th/272nd Street corridor. Goal P&OS-7: Identify and protect significant recreational lands before they are lost to development. Policy P&OS-7.1: Cooperate with other public and private agencies and with private landowners to protect land and resources near residential neighborhoods for high-quality, low impact park and recreational facilities before the most suitable sites are lost to development. Suitable sites include wooded, undeveloped, and sensitive lands along the Green River, Soos Creek, Garrison Creek, and Mill Creek Canyon corridors, and lands adjacent to the Bonneville Power Administration (BPA) power line rights-of-way. Policy P&OS-7.2: In future land developments, preserve unique environmental features or areas, and increase public use of and access to these areas. Cooperate with other public and private agencies and with private landowners to protect unique features or areas as low impact publicly accessible resources, particularly along the Green River, Soos Creek, Garrison Creek, Mill Canyon, and SE 277th/272nd Street corridors. 16 crrY of KENT - Parks & Open Space Plan - 2010 III. Trail and Corridor System Goals & Policies Develop a high-quality system of multipurpose park trails and corridors that provide access to significant environmental features, public facilities, and developed neighborhoods and business districts. Goal P&OS-8: Create a comprehensive system of multipurpose off-road and on-road trail systems that link park and recreational resources with residential areas, public facilities, commercial, and employment centers both within Kent and within the region. Policy P&OS-8.1: Where appropriate, create a comprehensive system of multipurpose off-road trails using alignments of the Puget Power rights-of-way, Soos Creek Trail, Mill Creek Trail, Lake Fenwick Trail, Green River Trail, Interurban Trail, Parkside Wetlands Trail, and Green River Natural Resource Area (GRNRA). tPolicy P&OS-8.2: Create a comprehensive system of on-road trails to improve connectivity for the bicycle commuter, recreational, and touring enthusiasts using scenic, collector, and local road rights-of-way and alignments. Policy P&OS-8.3: Provide connections from residential neighborhoods to community facilities like Kent Commons, the Senior Activity Center, the Kent- Meridian Pool, schools, parks, and commercial districts. Policy P&OS-8.4: Work with Renton, Auburn, Tukwila, Federal Way, Des Moines, Covington, King County, and other appropriate jurisdictions to link and extend Kent trails to other community and regional trail facilities like the Green River, Interurban, and Soos Creek Trails. Policy P&OS-8.5: With proposed vacation of right-of-way and street improvement plans, consider potential connectivity with existing or proposed trail corridors, parks, and neighborhoods. Policy P&OS-8.6: Link trails with elementary and middle schools, the downtown core, and other commercial and retail activity centers on East and West Hills. 17 Chapter 4 - Goals & Policies Policy P&OS-8.7: Extend trails through natural area corridors like the Green River, Mill Creek, Garrison Creek, and Soos Creek, and around natural features like Lake Fenwick, Clark Lake, Lake Meridian and Panther Lake in order to provide a high-quality, diverse sampling of the Kent's environmental resources. Policy P&OS 8.8: Revise development regulations so that key trail links, that are identified within the corridor map, are provided to the City during the ' development approval process.. Goal P&OS-9: r Furnish trail corridors, trailheads, and other supporting sites with convenient amenities and improvements. Policy P&OS-9.1: Furnish trail systems with appropriate trailhead supporting improvements that include interpretive and directory signage, rest stops, drinking fountains, restrooms, parking and loading areas, water, and other services. Policy P&OS-9.2: Where appropriate, locate trailheads at or in conjunction with park sites, schools, and other community facilities to increase local area access to the trail system and to reduce duplication of supporting improvements and amenities. Policy P&OS-9.3: Design and develop trail improvements which emphasize safety for users and are easy to maintain and easy to access by maintenance, security, and other appropriate personnel, equipment, and vehicles. IV. Historic and Cultural Resources Goals & Policies ' Develop a high-quality, diversified park system that includes preservation of significant historic and cultural resources, as well as programs to recognize the City's multicultural heritage. t Goal P&OS-10: Preserve, enhance, and incorporate historic and cultural resources and multicultural interests into the park and recreational system. 18 CITY of KENT - Parks & Open Space Plan - 201 o Policy P&OS-10.1: Identify, preserve, and enhance Kent's multicultural heritage, traditions, and cultural resources including historic sites, buildings, artwork, views, monuments and archaeological resources. jPolicy P&OS-10.2: Identify and incorporate significant historic and cultural resource lands, sites, artifacts, and facilities into the park system to preserve ' these interests and to provide a balanced social experience. These areas include the original alignment for the interurban electric rail service between Seattle and Tacoma, the James Street historical waterfront site, and the Downtown train depot, among others. Policy P&OS-10.3: Work with the Kent Historical Society and other cultural resource groups to incorporate community activities at historic homes and sites into the park and recreational program. Goal P&OS-11: Incorporate man-made environments and features into the park and recreational system. Policy P&OS-11.1: Incorporate interesting, man-made environments, structures, activities, and areas into the park system to preserve these features and to provide a balanced park and recreational experience. Examples include the earthworks in Mill Creek Canyon Park and art in public places. Policy P&OS-11.2: Work with property and facility owners to increase public access to and utilization of these special features. 1 V. Cultural Arts Programs and Resources Goals & Policies Develop high-quality, diversified cultural arts facilities and programs that increase community awareness, attendance, and other opportunities for participation. Goal P&OS-12: Work with the arts community to utilize local resources and talents to increase public access to artwork and programs. ' Policy P&OS-12.1: Support successful collaborations among the Arts Commission, business community, service groups, cultural organizations, r 19 Chapter 4 - Goals & Policies schools, arts patrons, and artists to utilize artistic resources and talents to the optimum degree possible. Policy P&OS-12.2: Develop strategies that will support and assist local artists and art organizations. Where appropriate, develop and support policies and programs that encourage or provide incentives to attract and retain artists and artwork within the Kent community. Goal P&OS-13: Acquire and display public artwork to furnish public facilities and other areas and thereby increase public access and appreciation. Policy P&OS-13.1: Acquire public artwork including paintings, sculptures, exhibits, and other media for indoor and outdoor display in order to expand access by residents and to furnish public places in an appropriate manner. Policy P&OS-13.2: Develop strategies that will support capital and operations funding for public artwork within parks and facilities. VI. Wildlife and Natural Preservation Goals & Policies Incorporate and preserve unique ecological features and resources into the park system in order to protect threatened plant and animal species, preserve habitat, and retain migration corridors for local wildlife. Such incorporation is intended to limit habitat degradation associated with human activities. Goal P&OS-14: Designate critical wildlife habitat resources and areas. Policy P&OS-14.1: Identify and conserve critical wildlife habitat including nesting sites, foraging areas, and wildlife mitigation corridors within or adjacent to natural areas, open spaces, and developed urban areas. Policy P&OS-14.2: Acquire and preserve habitat sites that support threatened species and urban wildlife habitat, in priority corridors and natural areas with habitat value such as the Green River Corridor, the Green River Natural Resources Area (GRNRA), North Meridian Park, Soos Creek, Mill Creek, and Clark Lake Park. 20 CITY OF KENT - Parks & Open Space Plan - 201 o r Policy P&OS-14.3: Enhance habitat within parks, open space, and environmentally sensitive areas by maintaining a healthy urban forest with native vegetation that provides food, cover, shelter, and by utilizing best management practices. ' Goal P&OS-15: Preserve and provide access to significant environmental features, where such access does not cause harm to the environmental functions associated with the features. Policy P&OS-15.1: Preserve and protect significant environmental features including environmentally sensitive areas such as wetlands, open spaces, woodlands, shorelines, waterfronts, and other features that support wildlife and reflect Kent's natural heritage. Policy P&OS-15.2: Acquire, and where appropriate, provide limited public access to environmentally sensitive areas and sites that are especially unique to the Kent area, such as the Green River, Soos Creek, Garrison Creek and Mill Creek corridors, the Green River Natural Resource Area (GRNRA), and the shorelines of Lake Meridian, Panther Lake, Lake Fenwick, and Clark Lake. Goal P&OS-16: Develop and maintain an Urban Forestry Management Program. Policy P&OS-16.1 Connect people to nature and improve the quality of life in Kent by restoring urban forests and other urban open spaces. Policy P&OS-16.2 Galvanize the community around urban forest restoration and stewardship through a volunteer restoration program. 1 Policy P&OS-16.3 Improve urban forest health, and enhance urban forest long-term sustainability, by removing invasive plants and maintaining functional native forest communities. VII. Design and Access Goals & Policies Design and develop facilities that are accessible, safe, and easy to maintain, with life- cycle features that account for long-term costs and benefits. Goal P&OS-17: 21 r Chapter 4 - Goals & Policies Design park and recreational indoor and outdoor facilities to be accessible to all physical capabilities, skill levels, age groups, income levels, and activity interests. Policy P&OS-17.1: Design outdoor picnic areas, fields, courts, playgrounds, trails, parking lots, restrooms, and other active and supporting facilities to be accessible to individuals and organized groups of all physical capabilities, skill levels, age groups, income levels, and activity interests. Policy P&OS-17.2: Design indoor facility spaces, activity rooms, restrooms, hallways, parking lots, and other active and supporting spaces and improvements to be accessible to individuals and organized groups of all physical capabilities, skill levels, age groups, income levels, and activity interests. Goal P&OS-18: Design and develop park and recreational facilities to be of low-maintenance materials. Policy P&OS-18.1: Design and develop facilities that are of low-maintenance and high-capacity design to reduce overall facility maintenance and operation requirements and costs. Policy P&OS-18.2: Where appropriate, use low-maintenance materials, settings, or other value-engineering considerations that reduce care and security requirements, while retaining the natural conditions and environment. Policy P&OS-18.3: Where possible in landscaping parks, encourage the use ' of low maintenance native plants. Goal P&OS-19: Identify and implement the security and safety provisions of the American Disabilities Act (ADA), Crime Prevention through Environmental Design (CPTED), and other standards. Policy P&OS-19.1: Implement the provisions and requirements of the American Disabilities Act (ADA), Crime Prevention through Environmental Design (CPTED), and other design and development standards that will 22 crrr OF KENT - Parks & Open Space Plan - 2010 improve park safety and security features for users, department personnel, and the public at large. Policy P&OS-19.2: Develop and implement safety standards, procedures, and programs that will provide proper training and awareness for department personnel. Policy P&OS-19.3: Define and enforce rules and regulations concerning park activities and operations that will protect user groups, department personnel, and the public at large. Policy P&OS-19.4: Where appropriate, use adopt-a-park programs, neighborhood park watches, and other innovative programs that will increase safety and security awareness and visibility. VIII. Fiscal Coordination Goals & Policies Create effective and efficient methods of acquiring, developing, operating, and maintaining facilities and programs that distribute costs and benefits to public and private interests. Goal P&OS-20: Investigate innovative methods of financing park and recreational requirements, including joint ventures with other public agencies and private organizations, and private donations. Policy P&OS-20.1: Investigate innovative, available methods, such as growth impact fees, land set-a-side or fee-in-lieu-of-donation ordinances, and interlocal agreements, to finance facility development, maintenance, and operating needs in order to reduce costs, retain financial flexibility, match user benefits and interests, and increase facility services. Policy P&OS-20.2: Where feasible and desirable, consider joint ventures with King County, Kent, Highline, and Federal Way School Districts, regional, state, ifederal, and other public agencies and private organizations, including for-profit concessionaires to acquire and develop regional facilities (i.e., swimming pool, off-leash park, etc.). 23 Chapter 4 - Goals & Policies Policy P&OS-20.3: Maintain and support a Park Foundation to investigate grants and private funds, develop a planned giving program and solicit private donations to finance facility development, acquisition, maintenance, programs, services, and operating needs. Goal P&OS-21: Coordinate public and private resources to create among agencies a balanced local park and recreational system. Policy P&OS-21.1: Create a comprehensive, balanced park and recreational system that integrates Kent facilities and services with resources available from King County, Kent and Federal Way School Districts, and other state, federal, and private park and recreational lands and facilities, in a manner that will best serve and provide for the interests of area residents. Policy P&OS-21.2: Cooperate, via joint planning and development efforts, with King County, Kent and Federal Way School Districts, and other public and private agencies to avoid duplication, improve facility quality and availability, reduce costs, and represent interests of area residents. Goal P&OS-22: Create and institute a method of cost/benefit and performance measure assessment to determine equitable park and recreation costs, levels of service, and provision of facilities. Policy P&OS-22.1: In order to effectively plan and program park and recreational needs within the existing city limits and the potential annexation area, define existing and proposed land and facility levels-of-service (LOS) that differentiate requirements due to the impacts of population growth as opposed to improvements to existing facilities, neighborhood as opposed to community nexus of benefit, requirements in the City as opposed to requirements in the Potential Annexation Area. Policy P&OS-22.2: Create effective and efficient methods of acquiring, developing, operating, and maintaining park and recreational facilities in manners that accurately distribute costs and benefits to public and private user interests. This includes the application of growth impact fees where new developments impact level-of-service (LOS) standards. 24 CITY OF KENT - Parks & Open Space Plan - 2010 Policy P&OS-22.3: Develop and operate lifetime recreational programs that serve the broadest needs of the population and that recover program and operating costs using a combination of registration fees, user fees, grants, sponsorships, donations, scholarships, volunteer efforts, and the use of general funds. r f 1 t 1 1 t 25 Chapter s - Needs Analysis S. Needs Analysis Level of Service (LOS) Under the Growth Management Act (GMA), communities are responsible for providing public facilities without decreasing levels of service below locally i established minimums (RCW 36.70A.020(12)). Measuring the adequacy of our Parks and Open Spaces requires an established set of standards. Level of service (LOS) standards are measures of the amount of a public facility which must be provided to meet the community's basic needs and expectations. The GMA allows communities flexibility in establishing level of service standards that meet local , needs and expectations. Over the past 30 years, the National Recreation and Park Association (NRPA) has developed guidelines and standards for parks, recreation and open space. NRPA first published guidelines in 1971 and revised them in 1983 through the Recreation, Park, and Open Space Standards and Guidelines, to serve as a basis for developing standards at the community level. The NRPA no longer recommends a standard for facility and parkland based on population ratios; however the NRPA recommends that since every community is different, standards should be developed by the community and used as a guide in planning. The former NRPA guidelines are used throughout the United States, and Kent's 1994 Comprehensive Park and Recreation Plan level of service standards were developed with these standards, which represent the minimum for which a community should strive. The level of service standards established in the 1994 Comprehensive Park and Recreation Plan and adopted by City Council remains an appropriate guideline today, however with the changing demographics of Kent; the City may want to consider establishing new standards or supplemental measures in future years. Future demand for park and recreation facilities is based on comparing projected populations with Kent's park and recreation standards. Park and recreation needs are related directly to the characteristics of a city's population. The City's population is projected to increase to 105,445 (or 132,833 including all potential annexation areas) by year 2031. Table 1 shows Kent's level of service from 1993- 2003. Table 2 shows Kent's level of service for the year 2009 and projections for the year 2031. Table 2 is based on a reorganized park and open space inventory that more accurately classifies parkland based on current use and investment (developed/undeveloped/athletic facilities/natural resource). While the park and open spaces are broken down differently in the two tables, the overall LOS numbers are comparable and show a steady decline in the number of acres per 1000 people and square feet per person as the population increases. 26 C17Y OF KENT - Parks & Open Space Plan - 2010 Table 1: LOS 1993-2003 1993 1996 1998 2000 2003 Population 41,000 45,000 70,140 791524 84,275 Neighborhood Parks 2.53 ac. 1.58 ac. 1.56 ac. 1.45 ac. 1.13 ac. ' 13.72 Community Parks 18.19 ac. 18.4 ac. 14 ac. ac. 14.85 ac. Golf Course (holes/1000) 0.56 0.6 0.38 0.38 0.32 Recreation Facilities (sq. feet/person) 2.33 2.12 1.36 1.2 1.13 Overall LOS (acres/1000) 20.72 19.98 15.56 15.17 15.98 Overall LOS (sq. ft./person) 2.33 2.12 1.36 1.2 1.13 Table 2: LOS 2009 & 2031 2009 2031 Population 88,380 105 445 Natural Resource 9.2 ac. 7.5 ac. 0.92 Neighborhood Parks ac. .77 ac. 1.27 Community Parks ac. 1.06 ac. Recreation Facilities Indoor (sq. ft/ erson) 1.86 1.56 1 Outdoor acres/1000 2.8 2.4 1.05 Undeveloped ac. 0.88 ac. Overall LOS acres/1000 15.24 12.61 Overall LOS s .ft./ erson 1.86 1.56 ' In order to maintain the current level of service of 15.24 acres per 1000 people, the following amounts of additional parkland would need to be acquired: 27 Chapter 5 - Needs Analysis ' 260 acres - 2031 pop of 105,445 677 acres - 2031 pop of 132,833 (includes potential annexation areas) r It is important to note that level of service standards are typically quantitative, measuring the size, amount or capacity of a facility. These standards represent only one measure of a successful park system and do not address the quality or investment in each facility. Future LOS standards that include both qualitative and , quantitative measures may more fully capture how Kent's parks and open spaces are meeting the community's needs. Neighborhood Service Areas Another tool used to determine what and where improvements need to be made is with the use of our Neighborhood Service Area Map. The City is divided into 48 neighborhood service areas that are bounded by major arterial streets, geographic features (steep topography, rivers etc.), and other barriers that would make it difficult for users to reach the designated park for each area. This method breaks the city into smaller service areas where parks facilities may easily serve a specific neighborhood. The goal of this is that residents are able to easily access a park in their neighborhood. ' tv9rnA � ®PlegMornood Van Sr^n e-'Yeas -•-r•- - - �FakFaubdrs f Vl'*YI nnrvrwum Arca 4 ry L rzas 9 10 19. -- !° � - 5 { ' 31 " I6 S'.t .k .k 1 10 1 H 1 3 �1 39 'k. 41 34 {2 h{ r £ .i 'x { While 16 of the areas are served by a neighborhood park, five neighborhoods are served by community parks (Van Doren's Landing Park, Kent Memorial Park, Lake Meridian Park, Clark Lake Park, and Russell Road Park) that have elements typically 28 CITY OF KENT - Parks & Open Space Plan - 2010 found in a neighborhood park. Four neighborhoods have undeveloped or minimally developed community parks (132"d Street Park, Midway Reservoir, Eagle Creek, and Valley Floor Community Park), which will service neighborhood needs when fully developed. Five neighborhood service areas are primarily industrial and no neighborhood parks are proposed in these areas. Two service areas are low density residential with agricultural or industrial land uses and no designated neighborhood ' park. These areas have a combined population of 156 people (2000 Census) and will be monitored for future park needs. Four service areas have no park space (NSA #11, 21, 30, 41). Within the Panther Lake annexation area, three service areas have either no park land or the parks serving the areas are deficient. The remaining service area, located entirely within the Panther Lake annexation area, is served by a community park. Demographics Considerable growth and large annexations over the past 20 years has significantly increased Kent's population and the number of people our parks serve. Families make up the majority of households Kent with more seniors and children than ever before. Kent is also rapidly becoming more diverse, with many different cultures represented in the City. As our community becomes more diverse, as it ages and families grow, the needs of the community in terms of parks and open space, change. Not only have the need for park and open spaces increased with the population, future park investments need to also consider the increasingly diverse population and the growing numbers of seniors and children. Public Participation The building of a city's parks and open spaces is largely directed by community values, priorities, and resources. Kent has worked with the community in an ongoing dialogue in order to gauge residents' parks and open space values. Over the years we have relied upon surveys, workshops, questionnaires and consultation 1 with the Parks and Human Services Committee. Feedback has been valuable in setting priorities and allocating resources. iAn informal survey was taken during the spring of 2009, preceding the park plan update, in order to obtain the community's ideas and opinions about the existing parks system, deficiencies, and priorities for the coming years. While the survey was not geographically representative or scientific, it is helpful to use the survey responses as a general guide. Respondents rated trails, open space and natural 1 areas as extremely important followed by major parks and small neighborhood parks. Park security and maintenance was also noted as a top priority in the coming years. 29 Chapter s - Needs Analysis In addition to the survey, a public workshop was held in September 2009 to further refine the areas of focus in the Park Plan and supplement the comments received through the survey. Participants commented on the need to maintain our existing facilities and to make use of under utilized areas. Participants expressed a desire for better connectivity between parks and throughout the City. A detailed description of the survey, public workshop and other efforts to solicit public input ' can be found in Appendix A. In order to address the community's parks and open space needs, short- and long- term implementation priorities and funding options are discussed in the following chapter. Regional Coordination ' There are some needs that warrant a regional approach to meeting demand for specific types of parks. The trail systems (Green River & Interurban) in Kent require extensive coordination with King County and neighboring jurisdictions due to our combined interest in providing an interconnected trail system that functions as one parks facility for people throughout the region. The need for a dog park serving the east hill of Kent, Covington and unincorporated King County is another area where a regional solution would best serve parks users. A regional dog park would allow resources to be pooled and prevent duplication in services where one larger facility may more effectively meet the need of several jurisdictions. Urban forest restoration is another area that would benefit from intergovernmental coordination. As Kent embarks on creating an urban forest management plan, coordination with other jurisdictions who are also implementing urban forestry programs will provide us a greater understanding of how plans have functioned in other areas. Kent will continue to explore other areas where regional coordination may better I serve the residents of our City and users throughout the region. 30 crTY OF KENT - Parks & Open Space Plan - 2010 6. Implementation Overview The following recommendations for implementing the Park Plan focus on parks acquisition, development and redevelopment. Implementing the recommendations contained in this Plan will depend on both opportunity and funding availability. As competing demands escalate for increasingly limited City resources, creative solutions are needed to fund park-related projects. Realization of the Park Plan will take time and will require a sound and realistic financing strategy. This section establishes both short- and long-term priorities. The long-term program described in this section addresses what is needed to build upon our established parks and open space system over the next 20 years. The short-term program defines more immediate needs over the next 10 years. The challenge for Kent in the short term will be finding a balance between focusing on immediate needs and remaining flexible to take advantage of unique opportunities of great long-term benefit. To achieve long-term priorities, it is important to continue to acquire key parcels 1 during the next 10 years. The ability to realize our long range plans for our parks and open spaces require an ongoing effort to obtain property for community and neighborhood parks in the short term. The rate of acquisition however, may be slower than in past years due to a pressing need for redevelopment and renovation of existing parks. Development and redevelopment are equally important to provide citizens a variety of recreation opportunities. Redevelopment of existing park facilities and development of new facilities must be balanced in a way that maintains our existing investments while also providing new opportunities and facilities to meet demand and changing needs. Renovation of facilities plays a role in ensuring a safe, 1 functional and well-maintained park system. Core Themes The Parks Department proposes to focus attention on four major core themes in order to meet the short- and long-term needs of the community. 1. Kent's Legacy — Preserving Kent's Park System: Over the past several decades, Kent has developed an established network of parks, open spaces and recreation facilities totaling more than 1,300 acres. A key component of the Park Plan is to recognize and re-invest in our existing facilities. As expressed in our park survey, security and maintenance ranked as a top 31 r Chapter 6 - Implementation priority for park users. Continued maintenance and re-investment will ensure that existing facilities continue to provide recreational benefits for years to come. 2. Athletic Fields - A New Approach: In order to meet the needs of organized , sports, the Park Plan introduces a shift in how athletic fields are developed, from traditional single use facilities within separate spaces, to multi-use facilities that take advantage of technology and partnerships in order to maximize space. This approach would provide facilities that accommodate a wide array of organized sports, which recognizes Kent's diverse culture. This shift also recognizes that easily developable land is much more expensive and increasingly difficult to find in an urbanizing city. Creative solutions to providing sports fields for year-round use will be an important element of the Plan's implementation. 3. Green Kent - Managing Our Urban Forest: Green Kent, an urban forest management program currently being developed in partnership with the Cascade Land Conservancy, seeks to protect and maintain all Parks and Public Works owned urban forest and natural areas. These areas provide many benefits to our park users and citizens, by providing a contrast to urban density, creating links between parks and other areas of interest as ' well as providing habitat and environmental benefits. Stewarding Kent's urban forest will ensure the long- term health of these areas so that they may provide benefits for generations to come. 4. Connectivity - A Vision for Trail & Greenway Corridors: Kent's park system, which is built on a suburban grid, can become better connected through the use of trails, greenways, and existing recreational corridors. The Park Plan seeks to emphasize connectivity between parks, schools, neighborhoods and other areas of public interest to create easy access to the outdoors and recreation. A connected system becomes a part of the community fabric, weaving together elements of our daily lives. Kent is lucky to have several existing corridors which are either substantially connected or have the potential to make important connections across the City. The Green River Trail follows the meandering Green River along the west side of the City and provides links to the downtown core. The Interurban Trail, which follows the Union Pacific Railroad, provides a major non-motorized north-south corridor through the central valley of Kent and extends to Kent's surrounding communities of Tukwila and Auburn, serving 32 CITY OF KENT - Parks & Open Space Plan - 2010 as a regional connection. A third north-south corridor is located on the eastern limits of the city. The Soos Creek Trail provides 9.5 miles along Soos Creek on the east hill. This trail has the potential to connect further to the north and south. An underutilized corridor, Mill Creek Canyon, stretches from Earthworks Park up the east hill. This corridor provides a valuable connection from the valley to the east hill of Kent, where connections are ' difficult to make outside of existing right-of-way due to grades and existing development. The future corridor map shows potential east-west connections which would further connect our system. While they are conceptual in nature, they provide a visual example of a corridor system, where significant areas of interest are linked and easily accessible to our users. Connectivity is a City- wide goal and has been discussed in other plans, such as the Transportation IMaster Plan. The next step for furthering the vision of connectivity is to establish a trails, I bikeways and paths plan that evaluates how best to build on our existing trail system and move toward a connected system. A trails, bikeways and paths ' plan would examine current resources, potential corridor routes, and specify future projects needed to achieve connectivity. Long Term Capital Recommendations (2010-2030) Over the past several decades Kent's park system has grown and developed to include an impressive collection of parks and open spaces totaling over 1,300 acres in size. Strategic investments over time have allowed Kent to develop a fantastic legacy, with much to be proud of. The City's existing parks and open spaces have developed on a suburban grid, and as the size and population of Kent increases, the makeup of the community is becoming more dense and urban in nature. This Plan sets the stage to build upon Kent's legacy in order to best serve a more urban and diverse community. It will require finding the right balance, in the allocation of our limited resources, between current development/redevelopment efforts and acquiring land for future development. Our success will depend on carefully defining and articulating a clear vision, maintaining community support and crafting a realistic funding package. Re-investing in and renovating our existing parks, completing property ' assemblages for key community parks, creating a multimodal system of greenway corridors and trails, and addressing the need for athletic fields and recreation facilities are all important steps in building upon Kent's legacy. The goal for our 33 Chapter 6 - Implementation parks system in the next 20 years is to take care of existing assets while at the same time building a system that creatively meets the needs of an urbanizing city. The following recommendations address the components needed to create the envisioned park system in the next 20 years. Many of the recommendations are proposed for action over the next 10 years, and are, therefore, also found in the short-term recommendations that follow this section. Acquisitions Neighborhood & Community Parks • East Hill/Morrill Meadows Park • Panther Lake Annexation Area Acquisitions • Naden Avenue Property Assemblage • Lake Meridian Park - Acquisition for additional parking Natural Resource/Open Space/Greenways Trails • Clark Lake Park Property Assemblage • Green River Corridor - Missing links • Greenway Connections/Linear Parks • Trail/Bike/Pathway Easements Recreation Facilities • Wilson Playfields Expansion • Valley Floor Athletic Opportunities Development/Redevelopment Neighborhood & Community Parks • Off-Leash Dog Park(s) on East Hill • West Hill Neighborhood Park • 132"d Street Neighborhood Park • West Fenwick Park - Phase II Renovation • Van Doren's Landing Park - Renovation • Lake Meridian Park - Play Area Expansion & Dock Replacement , • Springwood Park - Renovation Tudor Square Park - Renovation • Eastridge Park - Neighborhood Park Renovation • Meridian Glen Park - Neighborhood Park Renovation • Pine Tree Park - Master Plan Phase I Development , • Russell Woods Park - Renovation • Seven Oaks Park - Neighborhood Park Renovation 34 CITY OF KENT - Parks & Open Space Plan - 2010 • Old Fishing Hole - Master Plan, Phased Renovation 1 • Garrison Creek Park - Renovation • Briscoe Park - Master Plan, Phased Renovation • Kiwanis Tot Lot #3 - Neighborhood Park Renovation • Salt Air Vista Park - Master Plan & Phased Renovation • Scenic Hill Park - Master Plan & Phased Renovation • Panther Lake Annexation Area Community Park • Downtown Parks - Renovation Eagle Creek Park • Riverview Park Lake Meridian Park - Parking, Drainage, Master Plan • East Hill/Morrill Meadows Park Redevelopment • Commons Park - Master Plan Natural Resource/Open Spa ce/Greenways/Trails • Clark Lake Park - Restoration Work, Phase I • Mill Creek Greenway Phase I - Trail development • Lake Fenwick Park - Restoration & Dock Replacement • West Fenwick Park/Lake Fenwick - Greenway Trail Development • Green Kent Partnership - Master Plan, Restoration j • Trails, Bikeways and Paths Plan • Panther Lake Water Access Park 1 • Clark Lake Park - Future Phases, Retreat/Environmental Ed. Center Mill Creek Greenway Phase II • Greenway Trails & Connections • Green River Corridor - Trail Renovation & Enhancements • Mountain Biking Trails Recreation Facilities • Community Sports Fields - Lighted Synthetic Turf Facilities partnered with Kent School District • Kent Memorial Park - Master Plan, Phased Renovation • Russell Road Park - Phased Renovation for Multi Use Capacity • Aquatic Center • Service Club Park - Trails, Additional Phase • Valley Floor Athletic Complex • Aquatic Center • Wilson Playfields -Play Structure, Additional Parking/Support Facilities L • Community Centers/Community Buildings - Potential East & West Hill Facilities 35 r Chapter 6 - Implementation Short Term Capital Recommendations (2010-2020) The challenge over the next 10 years will be to balance the need to re-invest in existing parks while taking advantage of unique opportunities as they arise. As financing becomes increasingly difficult, wise choices in how we invest in our system cannot be understated. With this in mind, the short-term recommendations ' have been separated into acquisition and development/redevelopment categories. Analysis of neighborhood and community parks shows a great need to re-invest in ' our existing parks. There is an immediate need to redevelop and renovate existing facilities where improvements are beginning to show their age and/or where parks are due for master planning in order to determine how they may better serve the changing community. Given this need, acquisition and development projects will be secondary to the redevelopment and renovation of existing facilities in the immediate short term (3-4 years). The recommendations listed below include those parks with the greatest need for reinvestment. Maintaining Kent's legacy depends on making renovation and redevelopment efforts such as these an ongoing priority, particularly in the next 10 years. While acquisition and development are secondary to reinvestment, a few key development projects and acquisitions will help address specific needs. The first, a dog park located on the East Hill, will provide a much needed amenity as expressed in our park survey. The development of West Hill and 132nd Street Neighborhood Parks will provide parks amenities for two neighborhoods which currently lack neighborhood park space. Completion of key property acquisitions will help to further the development of Clark Lake Park and East Hill/Morrill Meadows Park. Acquisition within the Panther Lake Annexation Area will provide much-needed park space for an area that is currently underserved. Furthering connectivity within and between parks and activity areas via a unified greenway and trail system is another key component of the vision expressed in this Park Plan and our short-term recommendations. Greenways provide a contrast to urban density. They combine the natural functions and separations provided by a greenbelt with the linear and connected orientation of a parkway, providing practical connections from individual neighborhoods to various parts of the City. Kent is lucky to have established north- south greenways and opportunities for potential east-west greenways and trail connections. Making use of the underutilized Mill Creek Greenway through trail development and acquiring missing connections within the Green River Greenway are two specific areas the greenway system can be developed in the short term. 36 r CITY OF KENT - Parks & Open Space Plan - 2010 r Kent's trail system enhances passive recreation opportunities and provides connections to our downtown, employers in the valley and our neighboring cities. There is opportunity for our existing system to be expanded to provide additional ways for residents to connect to parks and other points of interest. A future Trails, ' Bikeways and Paths Plan will examine the opportunities in greater detail. It is recommended that the City initiate a coordinated planning effort that includes both ron and off right-of-way connectivity. Providing multi-use athletic fields is another priority expressed within the short- term recommendations. The expense associated with purchasing raw land and developing new complexes underscores the need to be creative in how our existing athletic fields are redeveloped so that they can provide maximum benefit to users. Taking advantage of potential partnerships and available technology will also maximize space and investment. Development of a new aquatic facility to replace the aging Kent Meridian Pool remains a short term goal. Given the relatively high capital cost of this project, a partnered approach with public, private and/or non-profit agencies will likely be required to build and operate this facility. rThe following list of projects should be given priority in the short term. This list is intended to serve as a blueprint for action and to be utilized as a tool to develop the Parks CIP. Circumstances will influence which and how many of these recommendations can be accomplished in the anticipated timeframe. Acquisitions ' Neiahborhood & Community Parks East Hill Park Expansion • Panther Lake Annexation Area Acquisitions r . Naden Avenue Property Assemblage Natural Resource/Open Space/Greenway/Trails r • Clark Lake Park Property Assemblage • Green River Corridor - Missing Links Development/Redevelopment Neighborhood & Community Parks Off-Leash Dog Park(s) on East Hill • West Hill Neighborhood Park 37 r Chapter 6 - Implementation r • 132nd Street Neighborhood Park • West Fenwick Park - Phase II Renovation • Van Doren's Landing Park - Renovation • Lake Meridian Park - Play Area Expansion and Dock Replacement • Springwood Park - Renovation • Tudor Square - Renovation • Eastridge Park - Neighborhood Park Renovation • Meridian Glen Park - Neighborhood Park Renovation • Pine Tree Park - Master Plan Phase I Development • Russell Woods Park - Renovation , • Seven Oaks Park - Neighborhood Park Renovation • Old Fishing Hole - Master Plan, Phased Renovation • Garrison Creek Park - Renovation • Briscoe Park - Master Plan, Phased Renovation • Kiwanis Tot Lot #3 - Neighborhood Park Renovation , • Salt Air Vista Park - Master Plan & Phased Renovation • Scenic Hill Park - Master Plan & Phased Renovation Natural Resource/Open Space/Greenway/Trails • Clarke Lake Park - Restoration Work, Phase I • Mill Creek Greenway Phase I - Trail development • Lake Fenwick Park - Restoration & Dock Replacement • West Fenwick Park/Lake Fenwick - Greenway Trail Development • Green Kent Partnership - Master Plan, Restoration • Trails, Bikeways and Paths Plan Recreation Facilities • Community Sports Fields - Lighted synthetic turf facilities partnered with Kent School District • Kent Memorial Park - Master Plan, Phased Renovation • Russell Road Park - Phased Renovation for Multi Use Capacity • Aquatic Center 1 r Financing Achieving both the short- and long-term recommendations will require the community's commitment and a willingness to explore innovative solutions. r 38 CITY OF KENT - Parks & Open Space Plan - 2010 Funding for Parks capital projects has typically come from two sources; councilmanic bonds and Real Estate Excise Tax (REET). Over the past five years, REET revenues have decreased by 25 percent. Continued economic slowdown will limit available funding for the next several years, so the City must look for alternative means of financing capital projects if it wants to implement the Park and Open Space Plan. It should be noted that the recommendations above are tentative and dependent upon financing. The following is a summary of funding sources that may be used in the future to fund short- and long-term capital projects. ' Real Estate Excise Tax (REET) REET consists of money derived from one-half percent of the selling price of real property within the City of Kent. Cities planning under the State's Growth Management Act must generally use these funds for capital projects as desribed by State law Beginning in 2002, one-quarter percent (REET2) was allocated for capital improvements related to parks in the City's CIP. REET revenues fluctuate with the local real estate market, which directly affects the amount of money the Parks CIP receives from this source of revenue. Voter-approved Bonds /Levies General obligation bonds can be generated by either the City or the County and can be used for acquisition or development. Voter-approved bonds are typically repaid through an annual "excess" property tax levy authorized for this purpose by State statute through the maturity period of the bonds, normally 15 to 20 years Broad consensus is needed for passage, with a 60 percent "yes" vote required. A validation requirement also exists, where the total number of votes cast must be at least 40 percent of the number of votes in the preceding general election. ' A levy is another voter-approved funding source for financing capital improvements. Unlike a bond issue, no validation is needed and a "yes" vote of 50 percent plus one passes a levy. The proceeds may be received on an annual, pay- as-you-go basis, or bonds may be issued against the levy amount in order to receive the proceeds all at once. LNon-voter-approved Bonds Councilmanic bonds are general obligation bonds issued by the City or County Council without voter approval. Under State law, repayment of these bonds must be financed from existing City revenues, since no additional taxes can be implemented to support related debt service payments. Revenue bonds are typically issued for development purposes, and often cost more and carry higher interest rates than general oblication bonds. Revenue bond covenants generally require that the revenues received annually would have to 39 Chapter 6 - Implementation equal twice the annual debt service payment. Revenue bonds are payable from income generated by an enterprise activity. King County Conservation Futures Tax Conservation Futures tax levy funds are a dedicated portion of property taxes in King County and are available, by statute, only for acquisition of open space, agricultural and timber lands. The King County Council approves funding for projects based on submittals from cities and the County. Kent has received Conservation Futures funds for acquisitons around Clark Lake and Panther Lake. Grants ' The Recreation and Conservation Office (RCO), formerly known as the Interagency Committee for Outdoor Recreation (IAC), administers a variety of grant programs from several federal and state sources to eligible application sponsors for outdoor recreation and conservation purposes. The amount of money available for grants varies from year to year and most funding sources require that monies be used for specific purposes. Grants are awarded to state and local agencies on a highly competitive basis, with agencies generally required to provide matching funds for ' any project proposal. The following are state or federal programs administered by the RCO to provide agencies funding to acquire and develop park, open space and recreational lands and facilities: • Washington Wildlife and Recreation Program, or WWRP ' Land and Water Conservation Fund • National Recreation Trails Program • Youth Athletic Facilities Fund • Boating Facilities Program • Non-Highway and Off-Road Vehicle Activities Program (NOVA) , • Salmon Recovery Funding Board • Aquatic Lands Enhancement Account Firearms and Archery Range Recreation Program Donations/Partnerships As traditional funding sources begin to fund less, the City must search for creative and dynamic methods of financing the projects identified in the Park Plan. This can ' include donations, endowments, volunteer support and partnerships with community businesses, organizations and residents. Volunteers stretch City dollars and empower citizens to participate in the development and maintenance of the park system. One of our longest partnerships has been with the scouting community. Boy and girl scouts of all ages are mainstays at our volunteer events, where they can earn badges. A number of 40 CITY OF KENT - Parks & Open Space Plan - 2010 troops go on to formally "adopt" a park for regular clean-ups. The first young man 1 to do his Eagle scout advancement project with Kent Parks was in 1983. Over 160 have followed in his footsteps, including several young women earning the Girl Scout-equivalent Gold Award. All make an effort to try to offset the cost of materials for their projects, which enables the City to assist 15-25 each year. Churches and high/middle school students earning community service credits also ' provide strong volunteer support. In recent years, corporate partnerships have included Comcast Cares Day, several ' Home Depot collarorations, REI projects involving numerous work groups and park areas, Boeing Community Service Days and Hawkeye Consultants, who have harvested the garden at Neely-Soames Home since 2006 and, in 2008, added Earthworks to their regular annual Adopt-a-Park efforts. Both Comcast and the Home Depot have provided cash and inkind support as well as scores of employee Ivolunteers. The Green Kent Partnership is the next step in a cohesive volunteer program. After 3 the 20-year plan has been created to restore Kent's urban forests and natural areas, volunteer stewards will be trained to help implement the plan, each responsible for managing one acre of public land. In 2003, the Kent Parks Foundation was established to keep parks programs strong, costs affordable and help those in need. Cash donations in any amount can purchase trees, benches and other amenities. Donations of land through the non- profit Foundation are also possible and can allow citizens the opportunity to leave a legacy for future generations. Many options exist for potential donors to conserve their land in trust for public use by future generations. Creative financing of property acquisition or donation can be a benefit for both the seller/donor and the City. Impact Fees/Developer Mitigation Fees As determined in the Comprehensive Plan, developers are required to improve private recreation facilities or in some cases pay a parks mitigation fee as part of the permit review process. These developer contributions cannot supplant other ' revenue sources within a project. They are in addition to existing funding and must be used for a specific purpose within in a certain geographic area. As land available for development decreases, this source of revenue is expected to diminish. ' Real Estate Transactions 41 Chapter 6 - Implementation Selling or trading parcels of land that the City now owns but does not think will be used for park purposes could be considered as a method to finance acquistion r and/or development of more suitable sites. Renting or leasing park-owned property can offset the cost to acquire or manage property. Less than fee-simple property acquisition techniques, such as life estates and conservation easements, can also be used to help reduce the cost of property acquisition. Leasing property for non- park purposes, e.g.wireless communication facilities, can also provide a source of , revenue to offset capital costs. r 42 i CITY OF KENT - Parks & Open Space Plan - 2010 7. Appendices A. Public Involvement ' The public outreach effort is a critical component of every land use planning process. Involving Kent citizens and park users in the process of identifying parks needs ensures a successful planning process, provides for a mutual exchange of ideas, and helps meet the community's needs. As stakeholders in the planning process, the citizens can work with the City to ensure parks and open space needs are accurately identified, planned for, and funded. r The Park Plan update process has benefited from public input, which has been utilized in determining needs and priorities and in determining long- and short-term recommendations. This section outlines the public involvement that has helped shape the recommendations contained in the 2010 Parks and Open Space Plan. Park Plan Survey ' A survey was taken during the spring of 2009 in order to obtain the community's ideas and opinions about the existing parks system, deficiencies, and priorities for 1 the future. The survey was made available online at the City's website, and written surveys were distributed to all of our facilities and neighborhood councils. The survey was advertised on the City's phone system and website, in the Kent ' Reporter, utility mailings, and through various postings at park facilities. A total of 631 responses were received, 45 percent of which noted that they were citizens of Kent. Due to the nature of the distribution of the survey, it is not a statistically valid survey. However, it does provide a sense of the community's desires and needs. Respondents rated trails, open space and natural areas as ' extremely important followed by major parks and small neighborhood parks. The top three needs expressed in the survey were a swimming facility, an off-leash dog ' park and park security and maintenance. Detailed results for each question are below. Due to the length of responses to open ended questions, they are not included in the Plan, but are available for review on the City's website and in the Parks Planning & Development Office. 2009 Park Plan Update Survey Results Total Responses - 631 1. Do you live within the City of Kent? a. Yes -45% ' b. No — 54% 43 Chapter 7 - Appendices c. I don't know - 10/o 2. How many years have you lived in the City of Kent? ' a. 1-10 - 20% b. 11-20 - 13% , c. 21-30 - 9% d. 31-40 -4% e. 41 or more -30/a 3. Do you consider yourself a resident of East Hill, Valley or West Hill? , a. East Hill -34% b. Valley - 8% c. West Hill - 11% d. Don't know - 2% 4. How many children under the age of 18 live in your household? a. 0 - 60% b. 1-2 - 35% c. 3 or more - 50/o 5. What is your age? ' a. 17 or under - 1% b. 18-29 - 15% c. 30-39 - 31% d. 40-49 - 27% e. 50-59 - 15% t f. 60-69 - 7% g. Over 70 - 4% ' 6. What is your gender? a. Male - 59% , b. Female - 41% 7. Which parks and recreation facilities do you or your household currently use? See spreadsheet 8. What improvements, if any, would you like to see at these parks? See spreadsheet 9. For this City as a whole, what do you feel are the biggest needs in terms of Parks and Recreation? 44 crTY OF KENT - Parks & Open Space Plan - 2010 i 1. Swimming Facility 2. Off-leash dog park 3. Security & Maintenance 4. Biking & Walking Trails L5. Connections/non-motorized access to Parks 6. Mountain Biking Trails 7. Frisbee Golf 8. Athletic Fields 10.Within our parks, what three activities do you and your family members participate in the most? a. Walking - 34% b. Biking - 33% c. Swimming - 7% d. Fishing - 4% e. Organized recreation i.e.: baseball, soccer - 11% f. Use of play equipment - 120/b ' g. Other, please specify: see spreadsheet 11.What recreation opportunities would you like to see in Kent that you can't find here now? See spreadsheet 12.Using a 0 to 10 scale with 10 meaning "extremely high importance" and 0 meaning "extremely low importance" please rate the importance of the following park amenities: MOST IMPORTANT NUMBERED IN ORDER - HIGHEST PERCENTAGE OF #10 RATING. * EACH CHOICE WAS SCALED ' SEPERATELY. a. Small neighborhood parks that serve families and individuals (5 - 19%) b. Major parks that serve all areas of the city (4 - 22%) ' c. Outdoor athletic fields for youth (6 - 18%) d. Outdoor athletic fields for adults (11 - 11%) e. Expanded recreational trails in and out of parks (2 - 41%) f. Parks with fishing, boating and swimming (12 - 9%) g. Indoor recreation facilities for social programs, events and athletics (10 - 12%) h. Natural areas and open space (3 - 37%) i. An accessible playground large enough to serve the entire community (13 ' - 8%) j. Off leash dog park (7 - 18%) ik. Spray park/water park (14 - 7%) 45 Chapter 7 - Appendices I. Off Road Biking Trails (1 - 45%) m. BMX park (9 - 16%) ' n. Swimming pool (8 - 16%) 13.Have you or anyone in your household participated in a City of Kent ' recreation program, activity or cultural event in the last 12 months? a. Yes - 44% b. No - 510/o c. Don't know - 50/b 14.What types of recreation programs, activities or cultural events have you , and/or your household participated in the last 12 months? a. Youth/Teen athletics - 13% b. Adult athletics - 17% c. Youth enrichment, such as ballet or piano lessons - 50/o d. Adult enrichment, such as cooking or aerobics - 9% ' e. Concerts - 21% f. Festivals - 24% g. Senior Center activities - 4% , h. Adaptive Recreation (Special Needs) - 10% i. Youth/teen activities - 7% j. Other - Please specify ' 15.What could the City change about its programs that would make them more attractive for you and your household? See spreadsheet 16.Are you aware that the City offers scholarships so that all children can participate in programs regardless of ability to pay? a. Yes - 24% b. No - 76% 17.Would you like to be notified of future public meetings and opportunities to ' participate in the update of the Comprehensive Plans? a. Yes - add contact info b. No thank you Public Workshop Once the survey results were tabulated and the Parks Plan update was well underway, a public workshop was held in the fall of 2009 to further refine the areas 46 CITY OF KENT - Parks & Open Space Plan - 2010 1 of focus in the Park Plan and supplement the comments received through the survey. Participants were given a comment sheet with specific questions about the different elements of the plan that were presented at the meeting. Participants commented on the need to maintain our existing facilities and to make use of underutilized areas. They also expressed a desire for better connectivity between parks and throughout the City. Public Process In preparing the Parks Plan, several public meetings occurred in order to provide r the public, the Land Use and Planning Board, and the Parks Committee an opportunity to review and comment on the proposed Park Plan update. The City's website was utilized as a tool for ongoing communication regarding the status of the update process. Survey results were posted as well as the draft plan. Email notices were sent to interested survey participants at each milestone in the update process, inviting the public to review the draft plan, participate in public hearings and provide additional input. In addition, the Parks Plan complied with State Environmental Policy Act (SEPA) ` requirements. An Environmental Checklist was completed and a Determination of Non-Significance was issued on . Public comment periods associated with the environmental review process were provided. Public Meetings & Hearings The Draft Parks Plan was presented and discussed at a series of public meetings and hearings held before the Land Use and Planning Board, Parks Committee and ' the City Council. B. Relevant Regulations Critical Area Regulations Since the adoption of the 2000 Plan, new environmental regulations were passed ' and implemented at the state and local level. These new regulations resulted in changes to the City's Land Use Code, Critical Areas Ordinance and Shoreline Master Program and may impact how our system develops. Critical areas such as wetlands, streams, lakes, and wildlife habitat areas occur throughout Kent Parks. Therefore, these regulations have implications on the development and management of our parks and open space system. Development and maintenance practices will likely change to better protect critical areas and their resources. ' Growth Management Act (GMA) The Growth Management Act (GMA) establishes 13 statewide planning goals that must be considered locally within the City's Comprehensive Plan and development 1 47 r Chapter 7 - Appendices ' r regulations. Several of these planning goals apply to parks, including open space retention, development of recreational opportunities, conservation of wildlife habitat, public facilities sufficient to support growth, and attention to historic resources. The Parks Plan and Parks and Open Space Element of the Comprehensive Plan evaluate our system relative to relevant GMA goals. ' State Shoreline Management Act Guidelines The State Shoreline Management Act requires local governments to regulate their ' shorelines through adoption of a local Shoreline Master Program. The City completed an update to the Shoreline Master Program in 2009 in order to conform ' to the state's update of master program guidelines. The updated Master Program will impact park operations and development in the following areas: Green River, Lake Meridian, Lake Fenwick, Soos Creek, the Green River Natural Resource Area , pond, Springbrook Creek and Jenkins Creek. C. Capital Facilities Plan r Insert 2010-2016 Plan D. Resolution/Ordinance Adopting Plan , 1 r 1 1 1 r r 48 r PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone. 253-856-5100 KEN T Fax: 253-856-6050 WAS HI N G T 0 N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 02/09/2010 ' TO: Kent City Council Parks and Human Services Committee FROM: Parks, Housing and Human Services THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services ' SUBJECT: Homeless / Housing Update City of Kent Housing and Human Services Coordinator Jason Johnson, Committee to End Homelessness in king County Director Bill Block, and the Housing Development Consortium Suburban Outreach Director Karen Williams will update Kent City Council on three recent activities in response to homelessness in Kent. One Night Street Count Friday January 29`h, 2010 the One Night Count of unsheltered people (people living on the streets) was conducted in King County The City of Kent was part of the King County count area for the 81h consecutive year. The 2010 total number of people counted living on the streets of King County is 5% lower than the numbers counted in those areas in 2009. The unsheltered number does not include the estimated 6000 people staying in emergency shelter and transitional housing overnight In Kent, the number of unsheltered people found on the streets went from 193 in 2009 to 60 in 2010. This decline in Kent shows the transient nature of this population as some count areas in South King County increased by a similar margin. Jason Johnson will update City Council on many of the findings from the One Night Count. Ten-Year Plan to End Homelessness in King County The Committee to End Homelessness (CEH) is a broad coalition of government, faith communities, nonprofits, the business community and homeless and formerly homeless people working together to implement the Ten-Year Plan to End Homelessness in King County. The City of Kent has been participating in the work of this plan for many years. Mid-way through there has been much ' success, but still a lot to do. Bill Block will update City Council one the 10 Year 1 Plan achievements and discuss what work is being conducted over the next year. Housing Solutions for the Homeless and Very Low-income Residents Housing Development Consortium (HDC) is the trade association for nonprofits and others developing and operating affordable housing throughout Seattle and ' King County. Created by its members in 1988, HDC is dedicated to promoting and facilitating the visibility, quality, sustainability and effectiveness of affordable housing as a critical part of a viable community. Karen Williams will highlight some of the innovative housing programs in Kent and around South King County by inviting Council Members, Housing and Human Services Commissions, and Land Use and Planning Boards to tour some of the housing our city funds ' currently and/or has supported in the past. 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 i i i i PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) VETERANS OUTREACH PRESENTATION D) KENT ARTS COMMISSION 2010 COMMUNITY ARTS SUPPORT FUNDING RECIPIENTS E) LEGISLATIVE UPDATE F) PUBLIC SAFETY REPORT Kent City Council Meeting Date February 16, 2010 Category Public Hearings - 5A 1. SUB]ECT: BALLOT PROPOSITION NO. 1: APPROVE THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY — ADOPT RESOLUTION OF COUNCIL SUPPORT 2. SUMMARY STATEMENT: The purpose of this hearing is to receive ' comments from the public before the City Council determines whether to support the Kent Fire Department Regional Fire Authority Ballot Proposition. Anyone who wishes to speak in support or opposition of this ballot measure may do so at this hearing. At the conclusion of the hearing, the Council will also debate the issue before determining whether or not to support the Ballot Proposition RCW 42.17.130 allows the City to take a position on the ballot proposal, if action is taken at an open meeting, the notice of which includes the title and number of the ballot proposition, and if members of the public and members of the legislative body involved are afforded approximately equal opportunity for the expression of an opposing view. 3. EXHIBITS: Resolution and Power Point presentation note sheets 4. RECOMMENDED BY: aim Schneider, Fire Chief (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? None Revenue? None Currently in the Budget? Yes N/A No N/A 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds to adopt Resolution No. I d ) I expressing the Kent City Council's support for 1 Ballot Proposition No. 1: "Kent Fire Department Regional Fire Authority Plan," to be put before voters at the April 27, 2010, special election DISCUSSION: ACTION: i RESOLUTION NO. 1 A RESOLUTION of the City Council of the City of Kent, Washington, expressing its support for Ballot Proposition No. 1: "Kent Fire Department Regional Fire Authority Plan," to be put before voters at the April 27, 2010 special election. 1 RECITALS ' A. In accordance with Ch. 52.26 of the Revised Code of Washington ("RCW"), the City of Kent and King County Fire Protection District No. 37 are seeking voter authorization for the formation of the Kent Fire Department Regional Fire Authority and approval of the Regional Fire Authority Plan. The ability to respond to emergency situations by fire protection and emergency medical service agencies has not kept up or progressed with community needs and service demands. Providing an effective fire protection and emergency medical service system to respond to these needs requires a collaborative partnership among local and regional governments and the private sector. There are efficiencies that can be gained by regional fire protection and emergency medical service delivery, while still maintaining local control. Timely development of significant projects can best be achieved by using existing taxing authority to address fire protection and emergency service needs, with new benefit charging authority to address critical fire protection projects and emergency services. 1 Support for Ballot Proposition No. 1— Kent Fire Dept. Regional Fire Authority B. Since 1973, the City of Kent Fire Department ("the City") and King County Fire Protection District No. 37 ("the District") have had a cooperative partnership, striving to provide the highest level of fire and emergency medical services to their citizens within the confines of available resources. The City and the District would like to expand this cooperative partnership by creating a new entity to provide regional fire protection services to the citizens within their respective boundaries. Toward this end, on January 19, 2010, the Kent City Council and the Commissioners of I the District adopted a resolution, which provided for the submission to qualified electors of the City and the District, at a special election to be held on April 27, 2010, of a proposition that, pursuant to Ch. 52.26 RCW, would approve a plan to form a Regional Fire Protection Service Authority within the boundaries of the City and the District, effective July 1, 2010, to be funded by a property tax levy and a new six-year benefit charge. j C. RCW 42.17.130 allows the City to take a position on a ballot proposal if action is taken at an open meeting, the notice of which includes the title and number of the ballot proposition, and if members of the public and members of the legislative body involved are afforded approximately equal opportunity for the expression of an opposing view. On the night Council considered adoption of this resolution, it held an open public meeting, after having given proper notice, to hear from both proponents and opponents of the Kent Fire Department Regional Fire Authority. Having considered all statements for and against the formation of the Kent Fire Department Regional Fire Authority and adoption of its Regional Fire Authority Plan, the Council adopts this resolution expressing its support for Proposition No. 1. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 Support for Ballot Proposition No. 1— Kent Fire Dept. Regional Fire Authority i SECTION 1. - Recitals Adopted as Findings. The Kent City Council adopts the foregoing recitals as its findings as if each were set forth herein. SECTION 2. - City Support for Ballot Proposition No. 1. The Kent iCity Council hereby expresses its support for the formation of the Regional Fire Authority and the adoption of the Regional Fire Authority Plan that will appear on the April 27, 2010, special election ballot. SECTION 3. - 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 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. iSECTION 5. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. 3 Support for Ballot Proposition No. 1— Kent Fire Dept. Regional Fire Authority SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington this day of February, 2010. CONCURRED in by the Mayor of the City of Kent this day of ' February, 2010. 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 t day of , 2010. BRENDA JACOBER, CITY CLERK P\Civil\ResolutIon\RegionalFlreAuthonty-CouncllSupport Aoc 4 r Support for Ballot Proposition No. 1— Kent Fire Dept. Regional Fire Authority • 1 • I I I • T 757,77 • fMIPTIIIIIIIIIII • i / / f l Kent Fire Department Regional Fire.Authority (RFA) Ptan � , f ._. • I / Relationship built through trust Partnership since 1973 } ■ Nextstep economy ot;_, with eff�cfeh os to be gained Sustainability,cifour curieit fire department tesqurce depioymenf g11.-E" j 4 - RCW 52.26 YCities and fire:distrlcts form a'- ,� ;RFA r;K 4Difference betWeen a fife district and "RFA ➢Dlstnct: separate entity, ➢RFA- City and fireAlstrict maintain governahcd 3 Emergency Service +{. ICI .r z y � 1 4 a r R� � aQ4 Poz muzS}0 zoui;zoos zoib �c�x l�gieklnc`ArtA�rc.ky�m�"'�%, 1puik!(.�K.nTelvf�sl'3 '7 4 Long standing cooperative ri �ppttriership (1973),based upon ,�2007 skekeholders commiktee .� ` n h�,Elected�¢fPictdls��tuFKent �� = (CounciI ember Raplee s d g Councilrraember Harm9n) City of Covington �y ' King County Fire i4rict Business owners i IAPF Local 1747 ; '=Golnmunity`r`e5ldents=� PA >-Recommendation Oevelop the RFp Plan • The Kentfire Departrt eitt has become over-dependent ona ` apropertytaxes . Identify diversified r"e`option-t 1Jt Y.2008 - RFAPC.formed ,;O-RFAPC committee member$ k >Financlal plan arid,governance b- "��� Plan aprPvued by<fire&distllct ' Plan approved by the City o>` .,. ent, 4ecember'8; 2009 � rarrerttProperty Tox-"Revenues, per$1,006,A�V= Cfty ofi Kent($i 34j x. Fire bepartment � *"PoliceDbpartrnent ire olstrict-s�; t= Hold Wdl the RF be,Funded = q . 1 QD per 1,Q00;=Qf assessed ;� � �5ui3p►ementthe'3tFAFdperating, f CudgeE a fli a IienefiE charge `` � 20, wilt be assessed Nowgi he Fire.Benefit Charge v Calculated ` Square feota- a (re uirec R4 77 � f>edt�uresporise fore{ERFj '"; pp r o +* Factors to Consider 6°!o calis4torservice areEM Large,Occupancles requite more " fire/EM _resqurces than residential apturdsndp relgiQu �,°; �•Same uk�htfes �R�� � `� � '�" T ➢A;good,andsound governance rnodei S 'elected'ofFlcials from the City of Kent"','.Y`>` 3"elected offlaals from king County Fire' }h Y YY Tt �_ 'Y1elected'offrc�al.franfthe C'ity�af � ` ; Covington in an advisory role i r �i • I / 1 1 W tags the=Proces forApprQvingJhaz,,,;-.:. kti= REA,Plan ➢Apr4127,Z010 Election[ M f9p i ■ RequiresfipIya of those`;in thetohj�taetl `, areas,voting to approve th6RFAx p � y �C v Information About the,RFA and FBC Can be `,.Viewedat the Following Website .,; �wvnvx1.kent Wa.US/fire 'Y ■,Regional Fire 4uthoritij -; •FrequehtlyAsked Citiestioris�FAQs�? •Examples of Fire Benefit Charge,, "calculations in the City of Kent and ; Fire District 3� i-The need to enhance our long-standing �.partnership builtan truck h �;r R� I� the need lust iry=turreht eser "U ; way`YVililtresulE(Hgoodgovernanre-' WTI}resuit in efficiinries giirijec BXiok Prcpo �tion , � r Natanly�good sali�t�ppi k" �;�, + But thebes�soluttdfl far�ueb�ning�r i ices r" ' PA,MR Am y -,, + ' • - • 1 1 r N 1>71f ctiorn`i meeting sue , "R� 3�The notice of which mciudes the title and,'numbgr of the ballot _ w 'u��• at 4+{ J�. Members`of the public alyd 4. : memtSers'of the Governing Board, involvedare afforded equal spportunity forexpressioq_ of q"i Y>opposing view, ke l Y{ M rz t9 i il , t I X7r The Kent City Council can then choose "to adopt the resolution) Expressing support of Propostt[on N :1 ■ r , z r�3 r 4�Y ' Kent City Council Meeting Date February 16, 2010 Item No. 6A - 6B ICONSENT CALENDAR 6. City Council Action: I Councilmember moves, Councilmember -4 kyl seconds to approve Consen I alendar Items A throughXT- Discussion ' Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 2, 2010. 6B. Approval of Bills. Approval of payment of the bills received through January 15 and paid on January 15 after auditing by the Operations Committee on February 2, 2010. Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/10 Wire Transfers 4009-4032 $1,885,409.82 1/15/10 Regular Checks 639491-639940 1,993,578.21 Void Checks 639620 (35,194.04) Use Tax Payable 1,379.01 $3,845,173.00 Approval of checks issued for Interim Payroll: Date Check Numbers Amount 1/5/10 Void Advice 261059 ($84.25) 1/6/10 Check 315907 84.25 1/12/10 Void Check 315206 (710.25) 1/12/10 Check 315908 710.25 $0.00 ' Approval of checks issued for payroll for January 1 through January 15 and paid on January 20, 2010: Date Check Numbers Amount 1/20/10 Checks 315909-316144 $ 180,127.91 1/20/10 Advices 261283-262048 1,910,983 88 $2,091,111.79 Kent City Council Meeting KENT February 2, 2010 WAS MINGTON i The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. (CFN-198) 1 CHANGES TO THE AGENDA A. From Council. Administration, Staff. (CFN-198) Public Communication Item C was added to the agenda. B. From the Public. (CFN-198) Nothing was added to the agenda by the public. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for public recognition. B. Community Events. (CFN-198) Ranniger announced upcoming events through the Spotlight Series and at the ShoWare Center. C. Legislative Update. (CFN-198) Michelle Witham, Community and Public Affairs Manager, updated the Council on legislative issues including flooding, streamlined sales tax, annexation sales tax credit, street utility authority, and brokered natural gas tax. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through L. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of January 19, 2010, were approved. 1 B. Approval of Bills. (CFN-104) Payment of the bills received through December 31 and paid on December 31, 2009, after auditing by the Operations Committee on January 19, 2010, were approved. iChecks issued for vouchers were approved: Date Check Numbers Amount 12/31/09 Wire Transfers 3991-4004 $2,023,710.84 4006-4008 12/31/09 Regular Checks 638938-639490 3,901,051.45 Void Checks 638947 ($3,000.00) Use Tax Payable 7,484.09 $5,929,246.38 1 Kent City Council Minutes February 2, 2010 Checks issued for payroll for December 16 through December 31, 2009, and paid on January 5, 2010, were approved: Date Check Numbers Amount 1/5/10 Checks 315687-315906 $ 152,806.89 1/5/10 Advices 260520-261282 1,613,936.66 $1,766,743.55 C. Aukeen Court Rental Agreement. (CFN-983) The Mayor was authorized to sign the First Amendment to the Lease Agreement with King County for the Aukeen Court Building. King County has temporarily moved the operation of the Aukeen District Court from 1210 South Central Avenue because of the increased risk of flooding from the Green River. The City continues to operate its municipal court in the building and requests use of additional space while the Aukeen District Court has relocated. D. 2009 Miscellaneous Accounts Receivable Write-Offs. (CFN-104) Write-offs for miscellaneous accounts receivable, utility billing, and permit charges that are over one-year old were authorized. The write-offs total $47,342.55 for uncollectible accounts from 2009 E. 3ail Transition Services Contract. (CFN-118) The Mayor was authorized to sign the Contract between King County and the City of Kent for jail transition services in the amount of $18,000. F. Northwest Playgrounds Purchase Contract. (CFN-118) The Mayor was authorized to sign a contract with Northwest Playgrounds to purchase play equipment in the amount of $41,707.37, and the contract expenditure from fee-in-lieu funds was approved, subject to approval of final terms and conditions by the City Attorney and the Parks, Recreation and Community Services Director. G. Community Athletics Programs Sexual Non-Discrimination Ordinance. (CFN-118) Ordinance No. 3943, which amends Chapter 4.01 of the Kent City Code to add a new section 4.01.015, which prohibits the City or groups who use City facilities for adult or youth community athletics programs from discriminating against participants on the basis of sex was adopted. j H. Energy Efficiency and Conservation Block Grant Agreement. (CFN-118) The Mayor's signature on the Energy Efficiency and Conservation Block Grant Agreement with the U.S. Department of Energy for $845,400 was ratified, the grant funds were accepted, amendment of the budget was authorized, and expenditure of funds in the Facilities Budget was approved. I. S. 2281h St. Burlington Northern Santa Fe/Federal Highway Administration Section 129 Grant Funds. (CFN-1269) The Mayor was authorized to accept federal funds in the amount of $122,500 towards the S. 228th Street Grade Separation projects, to sign all necessary documents, and to direct staff to establish a budget for the funds. 2 Kent City Council Minutes February 2, 2010 ' J. Conveyance of Sanitary Sewer Easement to King County. (CFN-120) The Mayor was authorized to execute the attached sanitary sewer easement to King County, subject to final terms and conditions acceptable to the Public Works Director and the City Attorney. K. National Pollution Discharge Elimination System Grant Funds. (CFN-1038) The Mayor was authorized to accept a $50,000 Stormwater Grant from the Washington State Department of Ecology, the Public Works Director's signature of the associated grant agreement was ratified, amendment of the budget was authorized, and expenditure of the funds was authorized. L. North Park Sanitary Sewer Phase II. (CFN-1004) The North Park Sanitary Sewer Phase II Project was accepted as complete and release of retainage to Pivetta Brothers upon receipt of standard releases from the state and release of any liens was authorized. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke said she has met with the King County Executive regarding flooding issues, noted that Neighborhood Councils are meeting this month, and encouraged people to visit the Historical Museum. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the Parks Master Plan will be presented at the Council workshop at 5:30 p.m. on February 16. E. Planning and Economic Development Committee. (CFN-198) Perry announced that the committee is reviewing the cottage housing ordinance and is working on annexation zoning. F. Public Safety Committee. (CFN-198) Harmon noted that the committee will meet at 5:00 p.m. on Tuesday, February 9. G. Public Works Committee. (CFN-198) Raplee noted that due to the holiday on February 15, the next committee meeting will be held at 4:00 p.m. on February 22. H. Administration. (CFN-198) Hodgson noted that the next budget relating to the annexation will be discussed at the February 16 Operations Committee meeting. He ' said there will be an executive session of approximately 40 minutes to discuss property acquisition, lease of City property, and potential litigation, with no action expected. EXECUTIVE SESSION The meeting recessed to Executive Session at 7:23 p.m. and reconvened at 8:23 p.m. (CFN-198) 3 Kent City Council Minutes February 2, 2010 ADJOURNMENT The meeting adjourned at 8:23 p.m. (CFN-198) , Brenda Jacober, CIVIC City Clerk i 4 r rKent City Council Meeting Date February 16, 2010 rCategory Consent Calendar - 6C 1. SUBJECT: SUBDIVISION CODE AMENDMENT REVISING THE DEFINITION OF TRACT, ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending Kent City Code Section 12 04.025 which clarifies that Future Development Tracts created within subdivisions may later be considered residential building sites upon application, further review, and approval by the City. 1 r r 3. EXHIBITS: Ordinance r4. RECOMMENDED BY: Economic & Community Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds r DISCUSSION: IACTION: 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 12.04.025 of the Kent subdivision code, entitled "Definitions" in order to revise the definition of tract in regard to future development tracts. RECITALS A. The Kent subdivision code, Chapter 12.04 of the Kent City 1 Code, defines and uses Tracts to reserve land for specified uses including, but not limited to, future development, recreation, open space, sensitive iareas, surface water retention, utility facilities, and access. Given the current definition of Tracts, an issue has arisen as to whether Tracts reserved for Future Development may be used for residential dwelling units in the future. B. These code amendments are intended to clarify that Future Development Tracts could be used for residential dwelling units if reviewed and approved at a later date. These code amendments apply to all Tracts created after the effective date of this ordinance. These code amendments also apply to Tracts existing in the City of Kent on the effective date of this ' ordinance that were previously created under the City of Kent or King County subdivision processes. These code amendments apply to project 1 Subdivisions, Binding Site Plans, and Lot Line Adjustments IAmend KCC 12.04.025 permit applications that have not expired or been terminated involving Tracts. C. The State Environmental Policy Act (SEPA) responsible official has determined that the proposed Kent City Code amendments are procedural in nature, and further SEPA analysis is not required for these local code amendments. , D. A draft version of this ordinance was submitted to the Washington State Department of Community, Trade, and Economic Development for expedited review on December 8, 2009, and on December 30, 2009 the city was granted expedited review and told it had met the Growth Management Act notice requirements under RCW 36.70A.106. E. The Land Use and Planning Board considered this update to the code at the December 14, 2009 workshop. The Board then held a public hearing on January 11, 2010. The Economic and Community Development Committee considered the issue and recommendation of the Board on February 8, 2010. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 12,04.025 of the Kent City Code is amended as follows: The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 2 Subdivisions, Binding Site Plans, t and Lot Line Adjustments Amend KCC 12.04.025 ' A. Active recreation activities shall mean all outdoor recreational activities which involve field and court games. IB. Alley shall mean a public or private way not more than twenty (20) I feet wide at the rear or side of property affording only secondary means of vehicular or pedestrian access to abutting property. C. Binding site plan shall mean a scaled drawing which: (1) identifies and shows the areas and locations of all streets, improvements, utilities, open space, and any other matters specified in this chapter; (2) contains I inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established by the city through the approval process; and (3) contains provisions which require any development to be in conformity with the binding site plan. D. Binding site plan committee shall be a committee consisting of the planning manager, who shall be the chairperson, one (1) member of the land use and planning board, the building official, public works director, parks and community services director, and the fire chief, or their designated representatives. ' E. Block shall mean a group of lots, tracts, or parcels within well- defined and fixed boundaries. F. Circulation shall mean any of a number of quantitative measures that characterizes the frequency of transportation mode trips, the duration of a mode trip, and path choices made between two (2) or more activity ' spaces. Traffic counts usually indicate a measure of circulation. j3 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 G. Clustering or cluster subdivision shall mean a development or division of land in which residential building lots are reduced in size and , concentrated in specified portion(s) of the original lot, tract, or parcel. H. Common open space shall mean a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a subdivision or a planned unit development, and designed and intended primarily for the use or enjoyment of residents of a subdivision. , Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the subdivision. I. Community park shall mean a park that serves the entire city of Kent and can be located throughout the city. Community parks may have facilities or amenities that are not offered elsewhere in the city, and which can include boating, swimming, fishing, athletic fields, group picnic shelters, play equipment, hard courts, skateparks, and trails, and will vary at each park. Access to the park is by car, public transit, foot, or bicycle. Off-street parking is provided. I Comprehensive plan shall mean the document, including maps, adopted by the city council, which outlines the city's goals and policies relating to management of growth, and prepared in accordance with , Chapter 36.70A RCW. The term also includes adopted subarea plans prepared in accordance with Chapter 36.70A RCW. j K. Connectivity shall mean the connection of neighborhoods by through streets, easements, or other rights-of-way, to activity centers including other subdivisions, neighborhood centers, shopping centers, transit stops, recreational spaces, and other public facilities. Such connections shall have 4 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 1 ' a character that is pedestrian-friendly and that provides a sense of location. L. Cul-de-sac shall mean a short street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround. M. Dedication shall mean a deliberate conveyance of land by its owner for any general and public uses, reserving to the owner no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or a final short plat showing the dedication thereof; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the city. N. Division of land shall mean the subdivision of any parcel of land into two (2) or more parcels. tO. Final plat or final short plat shall mean the final drawing of the subdivision or short subdivision and dedication prepared for filing for record with the King County recorder's office and containing all elements and requirements set forth in this chapter. P. Hearing examiner shall mean the person appointed by the mayor, or his or her designee, to conduct public hearings on applications outlined in Ch. 2.32 KCC which creates the hearing examiner, and who prepares a record, findings of fact, and conclusions on such applications. ' Q. Homeowners' association shall mean an incorporated nonprofit organization operating under recorded land agreements through which: 5 Subdivisions, Binding Site Plans, and Lot Line Adjustments ' Amend KCC 12.04.025 r r 1. Each lot owner is automatically a member; 2. Each lot is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property; and ' 3. A charge if unpaid becomes a lien against the property. , R. Land use and planning board shall mean that body as defined in Ch. ' 2.57 KCC. S. Lot shall mean a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. r T. Lot, corner shall mean a lot abutting upon two (2) or more public or private streets at their intersection or upon two (2) parts of the same , street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees within the lot lines. ` U. Lot frontage shall mean the front of a lot which shall be that portion nearest a public or private street or, if the lot does not abut a street, the portion nearest an ingress/egress tract or easement. On a corner lot, the front yard shall be considered the narrowest part of the lot that fronts on a street, except in industrial and commercial zones, in which case the city i has the authority of determining which part of the lot fronting on a street shall become the lot frontage. , 6 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 r r V. Lot line adjustment shall mean the adjusting of common property ' lines or boundaries between adjacent lots, tracts, or parcels for the purpose of rectifying a disputed property line location, freeing such a boundary from any differences or discrepancies or accommodating a minor transfer of land. The resulting adjustment shall not create any additional lots, tracts, or parcels and all reconfigured lots, tracts, or parcels shall contain sufficient area and dimension to meet minimum requirements for zoning and building purposes. W. Lot fines shall mean the property lines bounding the lot. X. Lot measurements shall mean: 1. The depth of a lot which shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. 2. The width of a lot which shall be considered to be the distance between the side lines connecting front and rear lot lines; provided, however, that width between side lot lines at their foremost points where they intersect with the street right-of-way line shall not be less than eighty ' (80) percent of the required lot width except in the case of lots fronting on cul-de-sacs or curves, where eighty (80) percent of requirements shall not apply. However, the provisions of KCC 15.04.180(37) apply to lot widths within the SR-4.5, SR-6 and SR-8 zoning districts. Y. Lot of record shall mean a parcel of land that has been considered a lot in accordance with the subdivision, short subdivision, or other land segregation laws in existence at the time the lot was created, or a parcel ' 7 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 1 described as a fractional portion of a section as described in the Public Land Survey System. Z. Lot, through shall mean a lot that has both ends fronting on a street. Either end may be considered the front as determined by the city. AA. Meander line shall mean a line along a body of water intended to be used solely as a reference for surveying as defined in the Manual of Instructions for Surveying the Public Lands (1973) or its successor. BB. Neighborhood park shall mean a park that serves a neighborhood (not a subdivision) defined by arterial streets. These parks are generally located centrally in the neighborhood so that the park is easily accessible and neighborhood residents do not have to cross a major arterial to reach the park. Access is primarily by foot or bicycle, so the park is usually no further than one-half (1/2) mile from any point in the neighborhood. , Parking spaces are typically not provided, unless on-street parking is not available, accessible or safe. Neighborhood parks have amenities for casual , activities that are not programmed or organized, or for which a fee is charged. Amenities may include play equipment, picnic tables, shelters, hard courts (basketball, tennis), walking trails, and open grassy areas. CC. Official plans shall mean those maps, development plans, or , portions thereof, adopted by the city council as provided in Chapter 44, Section 6, Laws of 1935, as amended. Such plans or maps shall be t deemed to be conclusive with respect to the location and width of streets, public parks, and playgrounds and drainage rights-of-way or easements as may be shown thereon. 8 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 ' DD. Park open space shall mean those areas that are environmentally sensitive, wildlife habitat, or wetlands, that remain in a relatively natural state with minimal improvements for public access, interpretation, study, or enjoyment. ' EE. Park service area shall mean those areas defined by arterial streets or geographic features, and which are identified in the comprehensive park and recreation plan, that a neighborhood park or community park is intended to serve. FF. Performance bond or guarantee shall mean that security which may be accepted in lieu of a requirement that certain improvements be made before the final plat is approved and signed, including performance bonds, ' escrow agreements and other similar collateral or surety agreements. See the Construction Standards for detailed requirements. GG. Piggyback or accumulative short subdivision shall mean multiple 1 short subdivision of contiguous land under common ownership. Ownership for purposes of this section shall mean ownership as established at the application submittal date of the initial short subdivision approval. ' HH. Plat shall mean a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, tracts, streets, and alleys, or other divisions and dedications. II. Preliminary approval shall mean the official favorable action taken on the preliminary plat of a proposed subdivision by the hearing examiner following a duly advertised public hearing or on a preliminary plat of a ' short subdivision following a duly advertised meeting of the short subdivision committee. ' 9 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 JJ. Preliminary plat shall mean a precise scale drawing of a proposed , subdivision showing the general layout of streets and alleys, lots, tracts, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. KK. Short plat shall mean the map or representation of a short subdivision. ' LL. Short subdivision shall mean the division or redivision of land into , nine (9) or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for , public dedication, environmental protection, or stormwater facilities are not included in the number of lots created. MM. Short subdivision, type I shall mean the division of land into four (4) ' or less lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater facilities are not included in the number of lots created. NN. Short subdivision, type II shall mean the division of land into more than four (4) and less than ten (10) lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are 10 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 intended for public dedication, environmental protection, or stormwater facilities are not included in the number of lots created. 00. Short subdivision committee shall be a committee consisting of the planning manager, who shall be the chairperson, one (1) member of the ' land use and planning board, public works director, parks and community services director, and the fire chief, or their designated representatives. PP. Street shall mean a public or private way which affords a primary means of access to property. QQ. Subdivision shall mean the division or redivision of land into ten (10) or more lots, tracts, parcels, sites, or divisions for the purpose of sale or 1 lease or transfer of ownership. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater facilities are not included in the number of lots created. RR. Subdivision, phased shall mean a subdivision which is developed in increments over a period of time. ' SS. Tentative plat shall mean a map drawn in accordance with the same requirements as the preliminary plat map, but submitted prior to preliminary plat submittal. The tentative plat is reviewed at a pre- application conference. TT. Title report shall mean a certified report from a bonded title agency ' showing recorded title holder and all encumbrances and defects that exist on the land. 11 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 UU. Tract shall mean land reserved for specified uses including, but not , limited to, future development, recreation, open space, sensitive areas, surface water retention, utility facilities, and access. Tracts are not considered building sites for purposes of residential dwelling unit construction, provided that future development tracts may be used in the ' future as building sites for purposes of residential dwelling unit construction upon application, further review, and approval by the city. , VV. Trall system shall mean those pathways that connect points of interest, parks, community facilities, streets, residences, etc., in the community, which are generally not confined within the limits of one (1) park or neighborhood. Trails are intended to be used by bicycles, rollerskaters, pedestrians, and the like. Use by motorized vehicles is prohibited. WW. Urban separators shall mean low-density lands that define community or municipal identities and boundaries, protect adjacent ' resource lands, rural areas, and environmentally sensitive areas, and create open space corridors within and between urban areas which provide , environmental, visual, recreational, and wildlife benefits. SECTION 2. - Savings. The existing chapter 12.04.025 of the Kent ' City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 3. - Severabilitv. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining , portion of this ordinance and the same shall remain in full force and effect. 12 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 ' s ' SECTION 4. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, ' codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 5. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: ' BRENDA JACOBER, CITY CLERK ' APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2010. APPROVED: day of , 2010. PUBLISHED: day of , 2010. 1 13 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 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. (SEAL) BRENDA JACOBER, CITY CLERK P \0vi1\0rdinance\12 04 0250rdinance docx i 1 1 14 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 Kent City Council Meeting Date February 16, 2010 ' Category Consent Calendar - 6D 1. SUBJECT: 2010 PRE-ANNEXATION BUDGET ADJUSTMENT ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending the 2010 budget for necessary adjustments related to the Panther Lake pre-annexation costs. Adoption of the proposed ordinance would increase the 2010 budget by $1,276,948 to fund positions necessary to begin providing services to the Panther Lake Annexation Area on July 1, 2010. This budget expense will be offset by additional revenues the City expects to receive from the Panther Lake Annexation Area and the redistribution of the state sales tax provided under a sales and use tax credit ordinance the Council will consider tonight on Other Business. 3. EXHIBITS: Memorandum from Finance Director and Ordinance & Exhibit A 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? 1 Currently in the Budget? Yes _ No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: FINANCE R. J. Nachlinger, Director Phone 253-856-5260 KEN T Fax 253-856-6255 WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: January 13, 2010 TO: Kent City Council Operations Committee FROM: R. J. Nachlinger, Finance Director THROUGH: John Hodgson, Chief Administrative Officer ' SUBJECT: 2010 Pre-Annexation Budget MOTION I move to recommend Council approve the 2010 Pre-Annexation budget. SUMMARY: Authorization is requested to approve the 2010 Pre-Annexation budget totaling $1,276,948 and to increase the employee full-time equivalent (FTE) count by 15.5 ' BUDGET IMPACT Increase 2010 budget by $1,276,948. BACKGROUND: Per RCW 82.14.415, the City may receive a sales tax credit of up to 0.2% of the 6.5% state sales tax to help provide, maintain, and operate municipal services within a newly annexed area of 10,000 population or more This is not an additional tax to a consumer but instead a credit against the states sales tax. The tax is for cities that annex an area where the revenues received do not offset the costs of providing services to the area. The credit is available only up to the amount needed for the shortfalls due to annexation and allows for all costs which ' are reasonable and necessary for the annexation, including pre-annexation costs, to be charged against it Kent Council Operations Committee Consolidating Budget Adjustment ORDINANCE NO. AN ORDINANCE of the City Council of the ' City of Kent, Washington, amending the 2010 budget for necessary adjustments related to the Panther Lake pre-annexation costs. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ' HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Budget Adjustment for Panther Lake Pre-Annexation Costs. The 2010 City budget is amended to increase the overall budget by ' $1,276,948, as summarized and set forth in the attached and incorporated Exhibit A, to accommodate new positions, equipment, and related expenses that are necessary for the City to begin providing services to the Panther ' Lake Annexation Area on July 1, 2010. The Finance Director is authorized to adjust the individual fund balances as necessary to implement this budget ' adjustment. SECTION 2. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 3. - Severabriity. If any section, sentence, clause or phrase ' of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect ' the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. 1 2010 Budget Adjustment — tPanther Lake Pre-Annexation Costs r r SECTION 4. - Corrections by City Clerk or Code Reviser. Upon r approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the , correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection ' numbering. SECTION 5. - Effective Date. This ordinance shall take effect and be r in force five (5) days from and after its passage, approval and publication as provided by law. , 1 SUZETTE COOKE, MAYOR i ATTEST: r BRENDA JACOBER, CITY CLERK ' APPROVED AS TO FORM: 1 TOM BRUBAKER, CITY ATTORNEY r r 1 r 2 2010 Budget Adjustment - Panther Lake Pre-Annexation Costs r 1 t ' PASSED: day of February, 2010. APPROVED: day of February, 2010. PUBLISHED: day of February, 2010. 1 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. (SEAL) BRENDA JACOBER, CITY CLERK 1 P\Crvd\Ordinance\BudgetAd3ustment-2010PantherLakePreAnnexatwn doc - 1 3 2010 Budget Adjustment — tPanther Lake Pre-Annexation Costs 1 EXHIBIT A CITY OF KENT ' 2010 PRE-ANNEXATION BUDGET PRE-END OF LEGISLATIVE SESSION COST OF SALARIES&BENEFITS ' ANTICIPATED FULL-YEAR SALARIES&BENEFITS FROM HIRE DATE THROUGH JUNE 30 HIRE TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL FTE DATE SALARIES BENEFITS SAL&BEN JOB TITLE/DESCRIPTION SALARIES BENEFITS SAL&BEN 100 02/01/2010 86,580 36,368 122,948 POLICE SERGEANT 35,581 14,947 50,528 1.00 02/01/2010 86,580 36,368 122,948 POLICE SERGEANT 35,581 14,947 50,528 1 00 02/01/2010 56,160 31,215 87,375 POLICE PATROL OFFICER-Detectives 23,079 12,828 35,907 1 00 02/01/2010 56,160 31,215 87,375 POLICE PATROL OFFICER-NRT 23,079 12,828 35,907 100 02/01/2010 56,160 31,215 87,375 POLICE PATROL OFFICER-Patrol 23,079 12,828 35,907 100 02/01/2010 56,160 31,215 87,375 POLICE PATROL OFFICER-Patrol 23,079 12,828 35,907 ' 050 021Dl/2010 22,686 3,37Y' 26,063 OFFICE TECH 3-Records 9,323 1,387 10,710 000 02/01/2010 72,427 18,997 91,424 PRE-ANNEXATION ZONING 29,767 7,807 37,574 650 492 913 219,970 712,883 202,568 90,400 292,968 Election Costs 35,000 Clerk's Supplies/Services 3,000 Police Equipmen0l' 39,000 Police Capdal(2) 305,000 Facilities Capital(') 50,000 Total Pre-End to Legislative Session $ 724,968 ' POST-END OF LEGISLATIVE SESSION COST OF SALARIES&BENEFITS ANTICIPATED FULL-YEAR SALARIES&BENEFITS FROM HIRE DATE THROUGH JUNE 30 ' HIRE TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL FTE DATE SALARIES BENEFITS SAL&BEN JOB TITLE/DESCRIPTION SALARIES BENEFITS SAL&BEN 1 00 03/01/2010 65,544 17,821 83,365 HUMAN RESOURCES ANALYST 21,908 5,957 27,865 000 03/01/2010 17,554 2,445 19,999 PARTTIME HELP-ES Recruitment 17,554 2,445 19,999 1 00 03/01/2010 60,996 32,034 93,030 POLICE PATROL OFFICER-Patrol 20,388 10,708 31,096 ' 1 00 03/01/2010 60,996 32,034 93,030 POLICE PATROL OFFICER-Patrol 20,388 10,708 31,096 1 00 03/01/2010 60,996 32,034 93,030 POLICE PATROL OFFICER-Patrol 20,388 10,708 31,096 1 00 03/15/2010 60,996 32,034 93,030 POLICE PATROL OFFICER-Traffic 18,048 9,479 27,527 1 00 03/15/2010 60,996 32,034 93,030 POLICE PATROL OFFICER-Detectives 18,048 9,479 27,527 , 1 00 03/15/2010 60,996 32,034 93,030 POLICE PATROL OFFICER-Traffic 18,048 9,479 27,527 1 00 05/01/2010 55,212 29,442 84,654 EVIDENCE TECHNICAN 9,227 4,920 14,147 1 00 05/01/2010 50,148 23,442 78,590 POLICE CORRECTIONS OFFICER 8,381 4,753 13,134 900 554,434 270,354 824,788 172,378 78,636 251,014 ES Supplies/Services 11,966 ' Police Equipment(') 39,000 Facilities Capital(') 250,000 Total Post-End to Legislative Session $ 551,980 15 50 Total Pre-Annexation FTEs Total Pre-Annexation Budget (1) Police Equipment include Radio-$3,000 ' Taser-$1,000 Misc Equip/Undorms/Armament-$2,500 Total per Officer-$6,500 (2)Police Capital ' Patrol Vehicles @$55,000 each(5) NRT Vehicle @$30,000(1) (3)Facilities Capital Space needed for additional staffing ' Kent City Council Meeting Date February 16, 2010 Category Consent Calendar - 6E 1. SUBJECT: GOODS AND SERVICE AGREEMENT WITH TIBURON, INC. - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Goods and Services Agreement between Tiburon, Inc. and the City of Kent in an amount not I' to exceed $63,128, to assist the City with the mandatory upgrade of the current Police and Jail Records system (Tiburon) from version 7.33 to the latest version (currently 7.6), subject to terms and conditions acceptable to the City Attorney. ' Negotiations over detailed terms and conditions are ongoing, but the total cost will not change. Funding for this project was budgeted in the Information Technology Plan as adopted by City Council and will not impact the general fund. The Tiburon system was implemented in September of 2004. This upgrade is mandatory to maintain compliance with the annual maintenance and support contract. This goods and services agreement is for the costs associated with ' upgrading custom interfaces, converting the Oracle database to SQL Server, user training and upgrading the Tiburon training system. 3. EXHIBITS: Scope of Work for upgrade of the Tiburon System 4. RECOMMENDED BY: Operations Committee 2/2/10 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Ms. Kim Clements City of Kent Enhancement Proposal (EP)-285716C: LawRECORDS &JailRECORDS VMP Upgrade November 25, 2009 Page 5 of 8 Attachment A—Scope Description General Responsibilities Working together, Tiburon and the Client will complete the required steps needed to upgrade the Client's system. Tiburon Responsibilities for LawRECORDS &JAIRECORDS Upgrades: 1. Designate a Coordinator to oversee the upgrade who will: • Maintain communication with the Client's Coordinator. • Schedule and coordinate all Tiburon staff • Establish an upgrade schedule with the Client's input that includes the intended version. • Communicate progress updates on Tiburon Tasks with the client during the active phase of the project(post software installation through cutover) 2. Provide a Product Demonstration of the new features. This Demonstration may be conducted remotely and can take between 4-6 hours for LawRECORDS and JailRECORDS (depending on the installed version to be installed version change) 3. Provide the services to migrate the client's current tailoring and configuration to the new version. No new tailoring or configuration settings are included In some cases, old tailoring cannot be migrated because old fields have been removed or changed. 4. Validate and test the installation and data conversion to insure quality. 5. Conduct Initial and Final Data Conversion/Migration. There may be a period of down time required to conduct a full back up of the source data prior to the final conversion. During the data conversion (typically 24-60 hours in duration) the source system will be on Inquiry only mode and not available for data entry and only limited queries through the GUI screen will be available 6. Provide two (2) days remote technical support post-cutover, and one (2) day on-site trainer cutover support for LawRECORDS and JailRECORDS 7. Update TCS Configurations to reflect updated system version information. Ms. Kim Clements City of Kent Enhancement Proposal (EP)-285716C: LawRECORDS &JaiIRECORDS VMP Upgrade November 25,2009 Page 6 of 8 Client Responsibilities for LawRECORDS and JailRECORDS Upgrades: 1) Designate a Coordinator to oversee the upgrade who will: • Schedule and coordinate all Client staff and third-party (vendors and/or departments) support. • Maintain communication with the Tiburon Coordinator. • Establish an upgrade schedule with Tiburon • Communicate progress updates on Client Tasks with the Tiburon dining the active phase of the project(post software installation through cutover) 2) Provide VPN remote access and on-site access to Client server and network equipment, including to all development and system "root" accounts on all servers running Tiburon applications as well as one demonstration/testing workstation during the upgrade process. Provide Adnunistrator Access to Tiburon technical staff to allow configuration of required users. Adequate connectivity is a requirement of VMP eligibility. 3) Provide all necessary hardware and third party product upgrades in accordance with Tiburon's specifications. 4) Submit hardware configurations (for any replacement hardware or upgrades) to Tiburon prior to ' purchase(if Tiburon is not providing the hardware) 5) Maintain/update Code tables and operator tables in both systems concurrently after the initial data rrugratron. 6) Update required new file maintenance tables as required. This includes adding new security settings as necessary to support new features. 7) Reconfigure (as necessary) any Crystal Reports to operate correctly with the upgraded systems, 8) Deploy any workstation client software,including mobile versions of ARS (if applicable). 9) Download the latest documentation from Tiburon TCS self service website. Alternately, a CD of the baseline current documentation can be requested as well All documentation is delivered in full — whether each feature is licensed or not by the client. 10) Conduct a full System Test to insure that all tailoring and configuration settings are migrated correctly and completely and that data conversion is a(,curate. Note: Tiburon conducts its own QA testing, but each client specific environment is best reviewed by on site staff as well as Tiburon QA staff. 11) Report any system problems using Tiburon's TCS system (either on line or via email/phone). Note that a new Configuration & login will be established for Pioduct release versions and higher. Patch ►L build installations will not requiie a new login Kent City Council Meeting Date February 16, 2010 Category Consent Calendar - 6F 1. SUBJECT: ENTERPRISE STORAGE & DISASTER RECOVERY CAPACITY PROJECT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the goods and services agreements with Right' Systems to purchase and install a Storage Area Network System in an amount not to exceed $480,000, and authorize the Mayor to sign purchase orders to Hewlett-Packard Corporation for Servers and Software not to exceed $172,045, subject to all terms and conditions of the WSCA contract, for a project total not to exceed $717,249. As part of the Information Technology Planning process the need for integrated and expandable disc storage architecture was identified. Today, the Information Technology Department manages disc storage on its servers in a collection of small Storage Area Networks (SANS), and server-attached disc arrays. The Enterprise Storage Capacity project addresses the identified needs for disc storage and defines the architecture to support the City's storage and Disaster ■ Recovery and Restoration requirements. 3. EXHIBITS: Background and price quotations 4. RECOMMENDED BY: Operations Committee 2/2110 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $717,249 Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 7 INFORMATION TECHNOLOGY Paul Dunn, Technical Services Manager 40 Phone 253-856-4600 Fax 253-856-4700 KEN T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: February 2, 2010 TO: Kent City Council Operations Committee FROM: Paul Dunn, Technical Services Manager SUBJECT: Enterprise Storage and Disaster Recovery Capacity Project MOTION: Move to Authorize the Mayor to enter into Goods and Services Agreements with Right! Systems to purchase and install a Storage Area Network System in an amount not to exceed $480,000 11 including applicable State Taxes, and to authorize the Mayor to authorize purchase orders to Hewlett-Packard Corporation for Servers and Software not to exceed $172,045 under the WSCA contract, for a project total not to exceed $717,249. SUMMARY: As part of the Information Technology Planning process the need for integrated and expandable disc storage architecture was identified. Today, the IT Department manages disc storage on its servers in a collection of small Storage Area Networks (SANS), and server-attached disc arrays. During the first half of 2009, the City's Information Technology Department conducted an in-depth study, to better understand business drivers and requirements behind the growing need for disc storage. The results of this study were used to inform the planning for an Enterprise Level Storage Capacity and Disaster Recovery Readiness Project. The Enterprise Storage Capacity project addresses the identified needs for disc storage and defines the architecture to support the City's storage and Disaster Recovery and Restoration requirements. The City Information Technology Department issued an RFP for the Storage Area Network System in September, 2009. The chosen responsive vendor was Right, Systems of Lacey, WA. Other elements of the project will be purchased under State or Interlocal Contracts. BUDGET IMPACT: The budget for this project is included in the Information Technology Tech Plan Budget 8 BACKGROUND: During the first half of 2009, the City Information Technology Department conducted a comprehensive survey of data storage usage and virtualization opportunities as part of the foundation for this initiative. The following technology areas were examined as part of this assessment: Network: The infrastructure of connectivity, routers, switches, wireless and wired infrastructure. The size/speed/performance of connectivity/transport, and the type of connectivity for data, voice, and video. Servers: Servers, processing power and equipment requirements at a service provisioning level, virtual services, storage and recovery services, data services, the Server Room, Technical environment Client Services: The processing power and services to the client, desktop, laptop, handheld, mobile devices, printing, other technical requirements, remote services and access Application: Data retrieval, Business Services, Enterprise Applications (Microsoft, Linux, etc.) IT services management, application management, identity services, and application performance services. Current File System Utilization Profile Much of the data in the City of Kent's environment has not been accessed or modified for extended periods of time. The results of a recent File System Assessment (FSA) showed that 60% of the data analyzed had not been modified for over 1 year, and had not been accessed for over 6 months. Data that has not been accessed or modified for extended periods of time is an excellent candidate for an archival or HSM solution. -o eao Soa 1 4 400 V �300 300 100 Y a It 0 •, s fe v bFc`, e 6 Tlmetrame � File Consumption by Last Modified Date 0— 15 Days 859,705 276,049.92 16 Days—30 Da s 350,959 118,033.408 31 —90 Days 1,047,335 330,408 96 3 —6 Months 1,082,603 252,907 52 6 Months— 1 Year 1 59,099 3,417 088 Over 1 Year 49,697 1,539 072 File Space Consumption By Last Access �ma 13m ■odr ❑iu ❑,. ❑ir i a z- a Consumption by File type(Top 10) File System Duplication Profile The current file system contains more than 65,000 occurrences of duplicated files. The average number of times a file is duplicated is 3, and the average size of duplicated data sets Is 3.1 MB. Exchange Email System Utilization The results of a recent Exchange System Assessment (ESA) were typical of many Exchange environments. Of 90GB analyzed on the Exchange server, more than half of the messages stored were greater than 120 days old, and more than 75% were greater than 30 days old. ®See,II& SJ 9tlJ 'II ao 000 3J,JJJ f zo,000 a . io ootl Age nt m«n ams wea,e,van : a Figure 3. Email Data By Age 10 i The information below summarizes the usage and storage profile for the City's email system: • 1192 mailboxes • 1,937,221 email messages • 79% of messages (68% of data) were older than 60 days • 631,320 MB of email message data • 83,040 attachments 123,741 MB of attachment data Information Technology is pursuing a separate email archiving initiative to meet regulatory and e-discovery requirements as well as to address some of the aging emails currently stored in active storage. Data Backup and Recovery Information Technology currently has a sound backup and recovery methodology in place; however through multiple assessments performed, Information Technology feels we can increase storage and backup efficiencies and utilization by implementing deduplication and archiving strategies moving forward. Enterprise Storage Capacity Strategy: To conform to growth estimates, Information Technology plans to implement a storage environment with roughly 43 Terabytes of storage, with at least 10 Terabytes of high performance disk and 33 Terabytes of high capacity disk This configuration will allow for future growth for 3 to 5 years, assuming that the price per Gigabyte of hard drives will have decreased enough in that time period to not warrant purchasing more storage space initially. To mitigate costs, Information Technology plans to implement a consolidated storage solution that incorporates several technologies in order to replace exisiting file, database access and video disc storage. I Information Technology will adopt a data migration process to move only the appropriate files and data structures to the new system. This model allows for better storage management and efficiencies and is a more cost effective approach. The City of Kent currently has about 6TB of production data, with a total of 15TB of storage space available on all servers (9TB of free space). For the purpose of this document and simplicity, it is assumed Information Technology will consolidate all of its data onto the shared storage environment, and that Information Technology will experience a 25% year after year growth rate. This model allows for adequate storage space with the initial investment as Information Technology will most likely not consolidate all of its data to the shared storage device, and growth rates may not approach 25%. Certain high capacity storage applications that are planned for implementation will require a static addition of storage amounting to approximately 25 TB. These include Police in-car video and Multi-media archival and production video. The initial intended procurement will be to accommodate 3 years of growth, so the City plans for roughly 43TB of storage, with approximately 10TB of high performance disk (15K Fiber Channel spindles) and 33TB of high capacity disk (7,200RPM SATA or Low Power 5,400RPM SATA). The project's planned configuration allows for expansion beyond the initial storage levels to a maximum of approximately 120 TB. Disaster Recovery Strategy: Information Technology has been working for the last 5 years to solidify our backup Data Center, located at Fire Station 74 as a Disaster Recovery site which will allow Information Technology to quickly restore Data Networking, Telecom, and Application Services to the City Enterprise following a catastrophic event that damages or destroys our primary data center, located at City Hall. Since we began these improvements in 2006, we have instituted the following Disaster Recovery and Mitigation measures at the Backup Data Center located at Fire Station 74. • Seismic mitigation for all equipment racks in the data center • Upgrade to the UPS system for the data center • Relocation of the City's Core Network Infrastructure and firewalls to the data center from the City Hall data Center • Updating of the data center's HVAC systems Going forward, the next steps in solidifying the City's IT Disaster Recovery strategy are to implement a virtual server architecture that will allow rapid restoration of critical line-of-business applications and data services following a catastrophic event The ability to perform these restorations is supported by the implementation of the server chassis and virtual servers for the disaster recovery site at Station 74. Project Component Vendor/Contract Budget Estimate Storage Area Network for Right' Systems/ $480,000 Primary and DR Sites City Goods and Services Agreement Server Chassis and Virtual Hewlett - Packard/State of $129,045 Servers for DR Site Washington - WSCA Supplemental VMWare Software Hewlett - Packard/State of $43,000 for virtualization at DR Site Washington - WSCA Project Contingency 10% --- 65 204 Project Total $7171,249 Attachments: Price quotations from Right! Systems Price quotations from Hewlett - Packard iz Please make the P.O. out to Hewlett-Packard under the WSCAlNASPO contract and fax the purchase order to Dnisoft Networks 425-968-1001 to process. Payment will be made to Hewlett-Packard Hewlett-Packard P.O. Box 101149 Atlanta, GA 31193-1149 Do not send your Purchase Order to this address as it is for payment only. [hly:) l e v a n t ONLINE PRICE QUOTATION Quote Number:4636540 Quote Name: Today's Date 1/16/2010 1128 15 PM Quote Created Date 1/16/2010 11 27 41 PM Created By Contract, WA-STATE OF WASHINGTON (WSCA/NASPO) (T10-MST- bonniea@unisoftnetworks com 297) Product availability and product discontinuation are subject to change without notice. The prices in this quotation are valid for 30 days from quote date above Please include the quote number and contract from this quote on the corresponding purchase order. Use the Fde-Print option to print this form for your future reference . . HP BladeSystem c-Class c7000 ROHS Enclosure 3- Base $9,397.00 1 $9,397 00 inch LCD-Three Phase HP BladeSystem c-Class c7000 ROHS Enclosure 507017-1321 Power module HP 3 Phase Power Module Power supply 6 HP BladeSystem c7000 Power Supplies Fan 10 HP BladeSystem c7000 Fans Management module HP BLc7000 Management Module HP Insight Software-installed 16 ICE-BL Licenses- Insight Control Environment for BladeSystem Warranty Warranty-3 years-parts, labor, onsite-next business day `Note This product is pre-configured.Additional options ship separately HP BLc VC Flex-10 Ethernet Module 455880-1321 $8,905.00 2 $17,810 00 HP BLc VC 1Gb SFP RJ-45 Kit 453154-1321 $218.00 12 $2,616 00 v3D�QL T '17 n __ µF ' ems �'< ``vv� HP Virtual Connect 8Gb 20- ort Fibre Channel Module 572018-621 p $6,934 00 2 $13,868 00 for c-Class BladeSystem HP 4Gb Short Wave Fibre Channel SFP+, 1 pack Base $159.00 8 $1,272 00 HP 4Gb Short Wave Fibre Channel SFP 1 pack A7446B Function 4Gb Short Wave Fibre Channel Transceiver(SFP) Form factor Small Form Pluggable (SFP) HP BLc7000 Onboard Administrator with KVM Option 456204-1321 $656,00 1 $656 00 HP 5 year Support Plus 24 Insight Control Environment UJ243E $3,740.00 1 $3,740 00 BladeSystem c7000 Service HP Startup Blade System c-Class Infrastructure Service UE602E $3,501 00 1 $3,501 00 HP Startup Blade System c-Class Enhanced Network UE603E $2,276 00 1 $2,276 00 Service Subtotal: $55,136.00 The terms and conditions of the WA-STATE OF WASHINGTON(WSCA/NASPO)will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply 14 I s i 13u4D4f_ �t�IJL?2 Please make the P.O. out to Hewlett-Packard under the WSCA/NASPO contract and fax the purchase order to Unisoft Networks 425-969-1001 to process Payment will be made to Hewlett-Packard Hewlett-Packard P O. Box 101149 I Atlanta, GA 31193-1149 Do not send your Purchase Order to this address as it is for payment only. BL460 G6 VMware Server 2P Licenses-QT 4636421 irn VBn4 ONLINE PRICE QUOTATION Quote Number:4636421 Quote Name: v Today's Date 1/16/2010 10 00.42 PM Quote Created Date 1/16/2010 10 00 07 PM Created By Contract WA-STATE OF WASHINGTON (WSCA/NASPO) (T10-MST- bonniea@umsoftnetworks com 297) Product availability and product discontinuation are subject to change without notice. The prices in this quotation are valid for 30 days from quote date above. Please include the quote number and contract from this quote on the corresponding purchase order. Use the File-Print ophon to print this form for your future reference 011 Configurable-HP ProLiant BL460c G6 Server Blade Base $12,561.01 1 $12,561 01 HP ProLiant BL460c G6 Server Blade 507864-1321 Quad-Core Intel®Xeon@ Processor X5560(2 80GHz, 507792-1-21 8M Cache, 95 Watts, 1333MHz) HP 24GB PC3-8500R 3x8GB 2Rank Memory 516423-24G Quad-Core Intel@ Xeon@ Processor X5560(2 80GHz, 507792-B21 8M Cache, 95 Watts, 1333MHz) HP 24GB PC3-8500R 3x8GB 2Rank Memory 516423-24G VMware vSphere Enterprise Plus with 1yr 9x5 Support 571774-B21 and Subscription No Media License (Review product information before ordering) Storage controller Embedded P4101 (SAS Array Controller) HP 256MB P-Series Cache Module with battery (for SA 462968-BTY P212ZM or P41 DZM Controllers) HP 146GB 3G Hot Plug 2 5 SAS Dual Port 15,000 rpm 504062-1321 Enterprise Hard Drive HP 146GB 3G Hot Plug 2.5 SAS Dual Port 15,000 rpm 504062-1321 Enterprise Hard Drive RAID 1 drive set(requires matching 2 hard drives) 339778-B21 Network card 2 Embedded 1Gb/10Gb Multifunction Network Adapters QLogic QMH2462 4Gb FC HBA for HP c-Class 403619-1321 BladeSystem Server management Integrated Lights-Out 2(iLO2)Standard Blade Edition (integrated on motherboard) Warranty 3-Year Limited Warranty Included HP Care Pack 5-year,4-Hour,24x7 BL4xxc Server UK074E $930.00 1 $930 00 Blade Hardware Support-electronic VMware vSphere Enterprise Plus 1 P 1yr 9x5 No Media 571774-1321 $3,087 00 1 $3,087 00 License HP 5 year 24x7 VMWare vSphere EPlus 1 Processor UR660E $2,558 00 2 $5,116 00 License Support Subtotal: $21,694.01 a The terms and conditions of the WA-STATE OF WASHINGTON (WSCA/NASPO)will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply ant l a Lwi % 16 ■ Please make the P O. out to Hewlett-Packard under the WSCAINASPO contract and fax the purchase order to Unisoft Networks 425-968-1001 to process. Payment will be made to Hewlett-Packard Hewlett-Packard P.O. Box 101149 Atlanta, GA 31193-1149 Do not send your Purchase Order to this address as it is for payment only. BL460 G6 to use with customer's existing VMware licenses-QT 4636432 lChIal 1 Invant ONLINE PRICE QUOTATION Quote Number: 4636432 Quote Name: Today's Date 1/16/2010 10 07.1B PM Quote Created Date 1/16/2010 10 07 02 PM Created By Contract WA-STATE OF WASHINGTON (WSCA/NASPO) (T10-MST- bonniea@umsoftnetworks com 297) Product availability and product discontinuation are subject to change without notice The prices in this quotation are valid for 30 days from quote date above. Please include the quote number and contract from this quote on the corresponding purchase order. Use the File-Pnat option to pant this fo m for your future reference Part no Unit pric -Configurable-HP ProLiant BL460c G6 Server Blade Base $9,474.01 1 $9,474 01 HP ProLiant BL460c G6 Server Blade 507864-B21 Quad-Core Intel®Xeon@ Processor X5560 (2 80GHz, 8M 507792-1-21 Cache, 95 Watts, 1333MHz) HP 24GB PC3-8500R 3x8GB 2Rank Memory 516423-24G Quad-Core Intel(D Xeon1)Processor X5560(2 80GHz, 8M 507792-B21 Cache, 95 Watts, 1333MHz) HP 24GB PC3-8500R 3x8GB 2Rank Memory 516423-24G Storage controller Embedded P410i (SAS Array Controller) HP 256MB P-Series Cache Module with battery(for SA 462968-BTY P212ZM or P410ZM Controllers) HP 146GB 3G Hot Plug 2 5 SAS Dual Port 15,000 rpm 504062-1321 Enterprise Hard Drive HP 146GB 3G Hot Plug 2 5 SAS Dual Port 15,000 rpm 504062-B21 Enterprise Hard Drive RAID 1 drive set(requires matching 2 hard drives) 339778-621 Network card 2 Embedded 1 Gb/10Gb Multifunction Network Adapters QLogic QMH2462 4Gb FC HBA for HP c-Class 403619-1321 BladeSystem Server management Integrated Lights-Out 2 (iL02)Standard Blade Edition (integrated on motherboard) Warranty 3-Year Limited Warranty Included HP Care Pack 5-year, 4-Hour,24x7 BL4xxc Server Blade UK074E $930.00 1 $930 00 Hardware Support-electronic Subtotal: $10,404.01 4r5bOa°2 Fo? TroE,,oZ_ )., �rof2 The terms and conditions of the WA- STATE OF WASHINGTON (WSCA/NASPO)will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply i 18 i Optional: VizWal Connect Enterprise Manager for C3000 and C7000 Enclosures HP Virtual Connect Enterprise Manager(VCEM) centralizes connection management and workload mobility for HP BladeSystem server blades that use Virtual Connect to access to LANs and SANS, ir.K .mow, r helpdng organizations increase productivity, respond faster to workload and infrastructure changes, and reduce operating costs e Virtual Connect architecture integrated into every BladeSystem c-Class enclosure,VCEM -provides a central console to administer LAN and SAN address assignments, perform group-based configuration management and execute the rapid deployment, movement and failover of server connections and workloads for 250 Virtual Connect domains (up to 1,000 BladeSystem enclosures and 16,000 blade servers). Together,Virtual Connect and Virtual Connect Enterprise Manager create a change-ready infrastructure that enables system administrators to add, replace and recover servers across the datacenter in minutes without impacting LAN and SAN configurations and availability View additional information at http//h18004 wwwl hp com/products/blades/componentstethernet/vicem/index htmlviumpid=reg R100 2 USEN [hloj invent ONLINE PRICE QUOTATION Quote Number:4636609 Quote Name: Today's Date - 1/17/2010 12 24 13 AM Quote Created Date 1/17/2010 12 24 01 AM Created By Contract WA-STATE OF WASHINGTON (WSCA/NASPO) (T10-MST- bon niea@unisoftnetworks com 297) Product availability and product discontinuation are subject to change without notice. The prices in this quotation are valid for 30 days from quote date above. Please include the quote number and contract from this quote on the coriesponding purchase order Use the Poe-Pont option to pnnt this form for your future reference HP Virtual Conne unpluding 1yr 24x7 459867- $1,824 00 1 $1,824 00 Support Single c3000 Eric os HP 5 year 24x7 al Control Enterprise UJ237E $940 00 1 $9 Mana upport C�v� CK T HP Virtual Connect Enterprise Manager including 1yr 24x7 459864-B21 $3,649 00 4.3 09""E" Support Single c7000 Enclosure Lic 10�el N 7, o o HP 5 year 24x7 BL c7000 Virtual Control Enterprise UJ239E $1,914 00 4P 3 ****4-W Manager Software Support -711 Z. • D a 7-0M L l(0, 68 The terms and conditions of the WA- STATE OF WASHINGTON (WSCA/NASPO)will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply r �c s 20 Please make the P.O. out to Hewlett-Packard under the WSCA/NASPO contract and fax the purchase order to Unisoft Networks 425-968-1001 to process. Payment will be made to Hewlett-Packard Hewlett-Packard P.O. Box 101149 Atlanta, GA 31193-1149 Do not send your Purchase Order to this address as it is for payment only. For DL380G5 [h1q:J I n v a n i ONLINE PRICE QUOTATION Quote Number. 4634557 Quote Name: Today's Date 1l15/2010 11 19 52 PM Quote Created Date 1/15/2010 11 19 41 PM Created By Contract WA-STATE OF WASHINGTON (WSCA/NASPO) (T10-MST- bonniea@unisoftnetworks corn 297) Product availability and product discontinuation are subject to change without notice. The prices in this quotation are valid for 30 days from quote date above. Please include the quote number and contract from this quote on the corresponding purchase order Use the File-Print option to print this form for your future reference HP StorageWorks FC1242SR 4 Gb PCIe DC HBA Base $1,296.00 1 $1,296 00 HP StorageWorks FC1242SR 4 Gb PCIe DC HBA AE312A Port speed (2)4 Gb Fibre Channel ports Slot port type PCI-Express to Fibre Channel Servers supported Supports HP ProLtant platforms Platform support Supports EVA 3000, 400, 5000,600 and 840;MSA 1000, 1500,and XP arrays Subtotal: $1,296.00 The terms and conditions of the WA- STATE OF WASHINGTON(WSCA/NASPO)will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply Please make the P.O. out to Hewlett-Packard under the WSCA/NASPO contract and fax the purchase order to Unisoft Networks 425-968-1001 to process. Payment will be made to Hewlett-Packard Hewlett-Packard P O. Box 101149 Atlanta, GA 31193-1149 Do not send your Purchase Order to this address as it is for payment only. J[h1v:J i n x e n t ONLINE PRICE QUOTATION Quote Number. 4675983 Quote Name: Today's Date 1/26/2010 11 04 58 PM Quote Created Date 1/26/2010 11 04 17 PM Created By Contract WA-STATE OF WASHINGTON (WSCA/NASPO)(T10-MST- bonniea@unisoftnetworks com 297) ' Product availability and product discontinuation are subject to change without notice. The prices in this quotation are valid for 30 days from quote date above Please include the quote number and contract from this quote on the corresponding purchase order Use the File-Pnnt option to print this form for your future reference VMware vSphere Standard to Enterprise Plus 1 P 573217-1321 $2,623 00 8 $20,984 00 Upgrade Integrated Software License HP 5 year 24x7 MWare vSphere Standard to EPlus UR751E $2,174 00 8 $17,392 00 Upgrade 1 Processor License Support Subtotal: $38,376.00 The terms and conditions of the WA-STATE OF WASHINGTON (WSCA/NASPO)will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply 1 Kent City Council Meeting Date February 16, 2010 Category Consent Calendar - 6G 1. SUBJECT: VALLEY COMMUNICATIONS CENTER REFUNDING BONDS ORDINANCE - ADOPT 1 2. SUMMARY STATEMENT: Adopt Ordinance No. , which pledges the City of Kent's full faith and credit toward the payment of its 20% share of the total debt service on refunding the Valley Communication Center's bonds, estimated at $5.85 million, and authorizing the Mayor and Valley Communications to take all other actions necessary to issue the refunding bonds. In April 2000, the member agencies that created the Valley Communications Center ("Valley Com") entered into an interlocal agreement to reorganize Valley Com and to construct a new facility. A Public Development Authority was formed to issue bonds for the construction of a new facility, and in accordance with the terms of the April 2000 interlocal agreement, each agency member agreed to contribute to paying 20% toward financing the new facility. The market now allows these bonds to be refunded at a lower interest rate. In order for the refunding bonds to be issued, each member agency must reaffirm its pledge to 1 pay 20% of the total debt service on the bonds. 3. EXHIBITS: City Attorney's 1/29/10 Memo; Refunding Bond Ordinance and draft Resolution i4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i jLAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KENT Fax: 253-856-6770 WASHINOTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 January 28, 2010 To: Operations Committee From: Tom Brubaker, City Attorney Regarding: Valley Communications Center Refunding Bonds - Ordinance MOTION: Recommend the Kent City Council adopt the proposed ordinance that pledges the City of Kent's full faith and credit toward the payment of its 20% share of the total debt service on refunding Valley Communication's bonds, estimated at $5 85 million, and authorizing the Mayor and Valley Communications to take all other actions necessary to issue the refunding bonds. SUMMARY: In April 2000, the City of Kent, along with the cities of Auburn, Federal Way, Renton, and Tukwila, entered into an rnterlocal agreement to reorganize Valley Communications Center, whose purpose is to provide improved police, fire, and medical aid service communications within the boundaries of the member cities. ' At the same time, the member cities, through the City of Kent, formed the Valley Communications Center Development Authority (PDA). The PDA issued bonds in order to finance the construction, equipping, and improvement of a new Valley Communications facility. Pursuant to the April 2000 Interlocal Agreement, each member city agreed to contribute to paying 20% toward the financing of the costs of the new facility, less contributions from grants, other agencies, or other sources. The market currently allows these bonds to be refunded at a lower interest rate through the issuance of refunding bonds, which would result in a savings to both Valley Communications and its member cities. The total amount of the refunding bonds is currently estimated at $5.85 million, but the actual amount will not be known until the time the refunding bonds issue. In order to authorize issuance of the refunding bonds, each member city has been asked to reaffirms its pledge on the original loan by adopting an ordinance that pledges the city's full faith and credit toward the payment of its 20% share of the total debt service on the refunding bonds to be issued by the Valley Communications Center Development Authority. The ordinance also authorizes Valley Communications and its Development Authority to take all other actions necessary to issue the refunding bonds. BUDGET IMPACT: None. 1 • Y ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, pledging the City's full faith and credit toward the payment of its share of debt service on refunding bonds to be issued by the Valley Communications Center Development Authority, approving certain related matters, and authorizing the City's Mayor and Finance Director, and all other appropriate officers, agents, and representatives, to take all other acts necessary to issue the refunding bonds and carry out the transactions authorized by this ordinance. ' RECITALS A. Pursuant to Council motion adopted by the City of Kent on March 21, 2000, and chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into the Valley Communications Center Interlocal Agreement, effective April 17, 2000 (the "Interlocal Agreement"), with the City of Federal Way, the City of Renton, the City of Auburn, and the City of Tukwila, Washington (together, the "Member Cities"), to reorganize a governmental administrative agency known as the Valley Communications Center ("ValleyCom"). The purpose of ValleyCom is to provide improved police, fire, and medical aid service communications within the boundaries of the existing, established consolidated service area at a minimum cost to 1 Valley Communications Center— Pledge Full Faith & Credit Toward Refunding Bonds & Authorize Acts the Member Cities, together with such other governmental agencies that have contracted with ValleyCom for communication services. B. In order to address increased growth and to provide necessary services for the Member Cities and other governmental agencies that contract with ValleyCom for communication services, ValleyCom constructed a new dispatch facility known as the Valley Communications Center (the "Facility"). Financing for the construction, equipping, and improvement of the Facility was provided by bonds issued by the Valley Communications Center Development Authority (the "Authority"), a public development authority chartered by the City of Kent pursuant to RCW 35.21,730 through 35.21.755. C. Pursuant to the Interlocal Agreement, each Member City has agreed to contribute to the financing of the costs of the Facility, each Member City paying twenty-percent (20%) of the total cost of development, less contributions from grants, other agencies, or other sources. The Authority issued its Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington) (the "2000 Bonds"), dated September 15, 2000, in the original aggregate principal amount of $12,758,000. It appears that the 2000 Bonds may now be refunded at lower interest rates through the issuance of refunding bonds of the Authority, thereby yielding savings to the Authority and the Member Cities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Valley Communications Center— Pledge Full Faith & Credit Toward Refunding Bonds & Authorize Acts ORDINANCE SECTION 1. — City Contnbutlons to Bonds. Pursuant to the terms of the Interlocal Agreement, the City hereby irrevocably commits to pay its share, which shall be equal to twenty-percent (20%), of the debt service on bonds (the "Bonds") issued by the Authority for the purpose of defeasing and refunding all or a portion of the 2000 Bonds. The City recognizes that it is not obligated to pay the share of any other Member tCity; the City's obligation shall be limited to its 20% allocable share of debt service on such Bonds; all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction; and the City shall be obligated to budget for and pay its 20% allocable rshare. All payments with respect to the Bonds shall be made to ValleyCom in its capacity as administrator and servicer of the Bonds to be issued by the Authority. The City's obligation to pay its 20% allocable share shall be an irrevocable full faith and credit obligation of the City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the City on all of the taxable property within the City and other sources of revenues available therefor. The City hereby obligates itself and commits to budget for and pay its 20% allocable share and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its 20% allocable share for so long as any Bonds remain outstanding. SECTION 2. - Compliance with Continuing Disclosure Reaurrements and Official Statement. To the extent necessary to meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission Rule 15c2-12 (the "Rule"), the Mayor is hereby authorized to execute and deliver a continuing disclosure agreement or certificate in order to assist 3 Valley Communications Center— Pledge Full Faith & Credit Toward Refunding Bonds & Authorize Acts the underwriter for the Bonds in complying with the Rule. The Mayor is further authorized to ratify and approve the information pertaining to the City and contained the preliminary and final official statements delivered in connection with the Bonds for purposes of the Rule. SECTION 3. - Allocation for Purposes of Bank Qualification. For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended (the "Code"), the City hereby agrees that the amount of each issue of obligations of the Authority shall be allocated in equal shares among each of the Member Cities. SECTION 4. - Tax Covenant. The City hereby agrees that it shall not (a) make any use of the proceeds from the sale of Bonds or any other money or obligations of the Authority or the Member Cities that may be deemed to be proceeds of the Bonds pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds" within the meaning of said Section and said regulations, or (b) act or fail to act in a manner that will cause the Bonds to be considered obligations not described in Section 103(a) of the Code. SECTION 5. - General Authorization; Prior Acts. The Mayor and Finance Director of the City and each of the other appropriate officers, agents, and representatives of the City are each hereby authorized and directed to take such steps, to do such other acts and things, and to i execute such letters, certificates, agreements, papers, financing statements, assignments or instruments as in their judgment may be necessary, appropriate or desirable to carry out the terms and provisions of, and complete the transactions contemplated by, this ordinance. 4 Valley Communications Center— Pledge Full Faith & Credit Toward Refunding Bonds & Authorize Acts i SECTION 6. - Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ' SECTION 7. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION S. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 9. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK r APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 5 Valley Communications Center— Pledge Full Faith & Credit Toward Refunding Bonds & Authorize Acts PASSED: day of February, 2010. APPROVED: day of February, 2010. PUBLISHED: day of February, 2010. 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. (SEAL) BRENDA JACOBER, CITY CLERK P\Civil\Ordinance\ValleyCommumcationsCenter-2010RefundingBonds doc 6 Valley Communications Center— Pledge Full Faith & Credit Toward Refunding Bonds & Authorize Acts VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY REFUNDING BONDS, 2010 (VALLEY COMMUNICATIONS CENTER PROJECT) f f RESOLUTION NO. _ A RESOLUTION of the Valley Communications Center Development Authority providing for the issuance and sale of refunding bonds in the aggregate principal amount of$[5,585,000] for the purpose of refunding certain outstanding bonds of the Authority, appointing of an escrow agent and authorizing the execution of an escrow agreement relating to such refunding, providing for the date, forms, terms, maturities and covenants of the bonds; authorizing an official statement; and authorizing the execution of related documents pertaining to the bonds. ADOPTED. [March 5, 2010] Prepared by: K&L GATES LLP Seattle, Washington f t f TABLE OF CONTENTS* Page Section1. Definitions ............................................................................................................3 Section 2. Authonzation of Bonds................. . . . . . .............................................................8 Section 3. Registration, Exchange and Payments .... . . .................................................. ... .9 Section 4. Redemption Prior to Maturity and Purchase of Bonds.......................................14 Section 5. Special Obligations. .. ................ . . . . ..... . . . . . ........... ...................................14 Section 6. Form of Bonds .................................... ......... ....... ....... ....... . ...........................15 Section 7. Execution of Bonds......................... . . .. .. ... . ....................... ................. .18 Section8. Bond Fund.. ......................................... ................................... . .... . . . ...........19 Section 9. Investments and Earnings.............. . . ..... . . ........... ..........................................19 Section 10. Defeasance. . . ................................. . . . ...... ... . . . ................ .................19 Section 11. Tax Covenants ..................... . . ................... ......................................................20 Section 12. Sale of Bonds and Official Statement...... . . . . .. .. ............................................22 Section 13. Refunding Procedures.. . . . ... ...... . ... ... . . .... . .... .....................................23 Section 14. Undertaking to Provide Ongoing Disclosure ........ .... . ................................... 25 Section 15. Bond Insurance........ . . ....... . . .. .............. . ...................... ............................. .26 Section 16. Severability. . .. . . ... . ................ . ... .... . ............................. . ... .................... 26 Section 17. Effective Date........ ............. . .. . . . . . ... . ..... ................................................. .26 Exhibit A—Form of Escrow Deposit Agreement i * This Table of Contents is provided for convenience only and is not a part of this resolution. -1- P 120287_CMM202878RH 01/14/2010 RESOLUTION NO. A RESOLUTION of the Valley Communications Center Development Authority providing for the issuance and sale of refunding bonds in the aggregate principal amount of$[5,585,000] for the purpose of refunding certain outstanding bonds of the Authority, appointing of an escrow agent and authorizing the execution of an escrow agreement relating to such refunding, providing for the date, forms, terms, maturities and covenants of the bonds, authorizing an official statement, and authorizing the execution of related documents pertaining to the bonds. ' WHEREAS, the Valley Communications Center Development Authority (the "Authority"), a public corporation chartered by the City of Kent, Washington (the "City"), has been duly constituted pursuant to RCW 35.21 730 through 35.2t 757, and Resolution No. 1564 and Ordinance No. 3510 of the City, and WHEREAS, formation of the Authority was approved by the following council action of the City of Auburn, the City of Federal Way, the City of Renton, and the City of Tukwila, Washington (together with the City, the "Member Cities"). Member City Resolution/Ordinance No Adoption Date Auburn Ordinance 5358 April 17, 2000 Federal Way Ordinance 00-369 March 21, 2000 Kent Resolution 1564 March 21, 2000 Ordinance 3510 May 16, 2000 Renton Ordinance 4836 April 3, 2000 Tukwila Ordinance 1912 April 3, 2000 WHEREAS, the Member Cities have entered into the Valley Communications Center Interlocal Agreement effective April17, 2000 (the "Interlocal Agreement") whereby each Member City has agreed to provide for consolidated emergency communications services through the Valley Communications Center (the "Facility") by providing an equal share of the funds necessary to pay debt service on bonds issued by the Authority; and WHEREAS, the Authority issued its Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington) (the "2000 Bonds"), dated September 15, 2000, in the original aggregate principal amount of $12,758,000, pursuant to Resolution No. 1 (the "2000 Bond Resolution') to finance the acquisition, construction and equipping of the Facility, which remain outstanding as follows: Outstanding 2000 Bonds Maturities (December 1) Principal Amounts Interest Rates 2010 $ 920,000 5.000% 2011 965,000 5 000 2012 1,0t0,000 5 000 20t3 1,100,000 5 375 2015 21270,000 5.750 WHEREAS, the 2000 Bonds maturing on and after December 1, 2011 (the "Refunded Bonds") are callable for redemption at any time on or after December 1, 2010, at a price of par plus accrued interest to the date of redemption; and WHEREAS, it appears that the Refunded Bonds may now be refunded at lower interest rates through the issuance of refunding bonds of the Authority, thereby yielding savings to the Authority and the Member Cities; and WHEREAS, issuance of the refunding bonds authorized herein has been authorized by the following ordinances of the Member Cities- Member City Ordinance No. Adoption Date Auburn Ordinance Federal Way Ordinance Kent Ordinance Renton Ordinance Tukwila Ordinance -2- P@0287_CMW@0287_8RH 01/14/2010 WHEREAS, the Authority has received a written offer from Seattle-Northwest Securities Corporation, Seattle, Washington, to purchase the refunding bonds authorized herein under the terms set forth a purchase offer presented to the Board of Directors of the Authority on this date, and iWHEREAS, it is hereby found to be in the best interests of the Authority and the Member Cities that such offer be accepted; and NOW, THEREFORE, BE IT RESOLVED BY THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY, as follows: Section 1. Definitions. As used in this resolution, the following words shall have the meanings hereinafter set forth: rAcquired Obligations mean the Government Obligations now or hereafter acquired by the Authority pursuant to Section 13 of this resolution to effect the refunding of the Refunded Bonds. Authority means the Valley Communications Center Development Authority, a public corporation chartered by the City pursuant to RCW 35.21.730 through 35 21 757, and Resolution No 1564 and Ordinance No. 3510 of the City. 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). Board of Directors or Board means the governing body vested with the management of the affairs of the Authority established pursuant to its Charter and Bylaws as the same shall be duly constituted from time to time. -3- P 120287C~202878RH 0 1/1 412 01 0 Bond Counsel means K&L Gates LLP or any other firm of nationally recognized bond counsel selected by the Authority. Bond Fund means the fund of that name established by Section 8 of this resolution for the purpose of paying principal of and interest on the Bonds. [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 one or more series of Bonds as provided therein.] Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriter and Authority, executed pursuant to Section 12 of this resolution. 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. Bonds mean the Valley Communications Center Development Authority Refunding Bonds, 2010 (Valley Communications Center Project), issued pursuant to this resolution. Bond Year means each one-year period that ends on the date selected by the Authority. The first and last Bond Years may be short periods If no day is selected by the Authonty 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. Charter means the organizational Charter of the Authority approved by the City. City means the City of Kent, Washington, a municipal corporation of the State of Washington. -4- P�20287CMWLV2878RH 0111412010 Code means the Internal Revenue Code of 1986, as amended, and shall include all applicable regulations and rulings relating thereto Commission means the Securities and Exchange Commission. Designated Representative means the President of the Board of DlreetOTs and any ' successor to the functions of such office. 1 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 3 hereof. Escrow Agent means Escrow Agreement means the Escrow Deposit Agreement, dated the date of issuance of jthe Bonds, between the Authority and the Escrow Agent. Government Obligations mean those obligations now or hereafter defined as such in chapter 39 53 RCW, as such chapter may be hereafter amended or restated. [Insurer means .] Interlocal Agreement means the Valley Communications Center Interlocal Agreement effective as of April 17, 2000, among the Member Cities, as such agreement may be amended from time to time. Letter of Representations mean the Blanket Issuer Letter of Representations from the Authority to DTC. Member Cities mean, collectively, the City of Auburn, the City of Federal Way, the City of Kent, the City of Renton, and the City of Tukwila, Washington. -5- P 120287_G~20287_8RH 01/14/2010 Net Proceeds, when used in reference to one or more series of Bonds, means the principal amount of the Bonds, plus accrued interest and bond premium, if any, and less original issue discount. Outstanding with respect to the Bonds, means any of the Bonds for which payment of the interest or principal has not been made or duly provided. 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 t 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 minunis fee to cover custodial expenses. Refunded Bonds mean the $5,345,000 principal amount of the outstanding 2000 Bonds maturing on December 1 in the years 2011 through 2013 and 2015. -6- P120287 CMW120287_8RH 01/1 41201 0 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. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book-entry only form, DTC shall be deemed 1 to be the sole Registered Owner. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. 2000 Bond Resolution means Resolution No. I adopted by the Authority on September 12, 2000, authorizing the issuance of the 2000 Bonds 2000 Bonds mean the Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington) dated September 15, 2000, issued pursuant to the 2000 Bond Resolution and presently outstanding in the principal amount of$6,265,000 Underwriter means Seattle-Northwest Securities Corporation. ValleyCom or Valley Communications Center means the governmental administrative agency established pursuant to RCW 39.34 030(3)(b) and the Interlocal Agreement by the Member Cities. IInterpretation. In this resolution, unless the context otherwise requires: (a) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar fterms, as used in this resolution, refer to this resolution as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this resolution; -7- P 120287_CMM202878RH 01/14/2010 (b) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (c) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as I well as natural persons; (d) Any headings preceding the text of the several articles and Sections of this resolution, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this resolution, nor shall they affect its meaning, construction or effect, and (e) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. Section 2. Authorization of Bonds. The Authority hereby authorizes the issuance and sale of refunding bonds (the "Bonds") in the aggregate principal amount of$[5,585,000] in order to provide for the refunding of the Refunded Bonds, and to pay costs of issuance of the Bonds. The Bonds shall be designated the "Valley Communications Center Development Authority Refunding Bonds, 2010 (Valley Communications Center Project)", shall be dated as of the date of their initial issuance and delivery; shall be fully registered as to both principal and interest; shall be in the denomination of$5,000 or any integral multiple thereof, provided that no Bond shall represent more than one maturity, shall be numbered separately and in the manner and with any additional designation as the Registrar deems necessary for purposes of identification; and shall bear interest from their date, until the Bonds have been paid or their -8- P 120287_CMW120287_8RH 01/14/2010 payment duly provided for, at the following rates, payable on [June 1, 2010], and semiannually thereafter on the first day of each June and December, and shall mature on December 1 of each year as follows: Maturity Year Principal Interest (December 1) Amounts Rates 2010 $ % 2011 ' 2012 2013 2014 2015 Section 3. Registration, Exchange and Payments. (a) Registrar/Bond Register. The Authority hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through 1 the appointment of state fiscal agencies. The Authority shall cause a bond register to be maintained by the Registrar. So long as any Bonds remain outstanding, the Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Registrar may be removed at any time at the option of the Authority upon prior notice to the Registrar and a successor Registrar appointed by the Authority No resignation or removal of the Registrar shall be effective until a successor shall have been appointed and until the successor Registrar shall have accepted the duties of the Registrar hereunder The Registrar is authorized, on behalf of the Authority, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this resolution and to carry out all of the Registrar's powers and duties under this resolution. The Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. -9- P M287_CMW120287_8RH 01/14/2010 (b) Registered Oxnership. The Authority and the 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 the continuing disclosure agreement referenced in Section 14 of this resolution), and neither the Authority nor the Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3(h) hereof, but ' such Bond may be transferred as herein provided. All such payments made as described in , Section 3(h) shall be valid and shall satisfy and discharge the liability of the Authority upon such Bond to the extent of the amount or amounts so paid (c) DTC Acceptance/Letters of Representations 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 Authority has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the Authority nor the Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this resolution (except such notices as shall be required to be given by the Authority to the Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners -10- P 120287_CMM20287_811H 01/1412010 shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. If any Bond shall be duly presented for payment and funds have not been duly provided by the Authority 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. 1 (d) Use of Depository. (1) 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 transferred except (A) to any successor of DTC or its nominee, provided that any such successor 1 shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Authority pursuant to subsection (2) below or Isuch substitute depository's successor; or(C) to any person as provided in subsection (4) below. (2) 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 Authority to 1 discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Authority 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. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Authority, issue a single new Bond for each series and maturity then -11- P T0287_CMVA20287_SRH 01/1412010 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 Authority. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Authority 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 such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully-immobilized form. The Authority shall deliver a written request to the Registrar, together with a supply of definitive Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Registrar of all then outstanding Bonds together with a written request on behalf of the Authority to the 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. (e) Registration of Transfer of Ownership or Exchange, Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any j such Bond shall be valid unless it is surrendered to the 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 Registrar. Upon such surrender, the Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate t principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in -12- P-M287_CMW120287_8RH 0111412010 exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. (f) Registrar's Ownership of Bonds. The Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the 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 (g) Registration Covenant. The Authority covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code (h) Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Registrar by wire transfer to the account within the continental United States designated by the Registered Owner Principal of the Bonds -13- P V0287_CMW120287_8RH 0111 412 01 0 shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Registrar. Section 4. Redemption Prior to Maturity and Purchase of Bonds. (a) No Optional Redemption. The Bonds are not subject to optional redemption prior to their stated maturities (b) Purchase of Bonds for Retirement. The Authority reserves the right to purchase , any Bonds offered to the Authority at any price deemed reasonable by the Authority. Section 5. Special Obligations The Bonds shall be special obligations of the Authority payable only from the Bond Fund as provided herein. The Authority is a public , corporation organized pursuant to Ordinance No. 5358 of the City of Auburn, Ordinance No 00-369 of the City of Federal Way, Resolution No 1564 and Ordinance No. 3510 of the City of Kent, Ordinance No. 4836 of the City of Renton and Ordinance No 1912 of the City of Tukwila, the laws of the State of Washington, RCW 35.21.730 through RCW 35.21 757 and chapter 39.34 RCW. RCW 35.21 750 provides as follows: "[A]II liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." In no event shall the obligations of the Authority be payable by recourse against any properties, assets or revenues of the Member Cities, the State of Washington or any other political subdivision of the State of Washington. No person to whom such obligations are owed shall have any recourse or right of action against the Member Cities, the State of Washington or -14- P"287_CMVN20287_8RH 01/1 412 01 0 any other political subdivision thereof on account of such obligations, except to enforce the payments obligated to be made by ordinance by each of the Member Cities. In accordance with the Charter of the Authority, a statement specifying the above shall be printed on the Bonds and any additional documents that may entail any debt or liability by the ' Authority in connection with the issuance of the Bonds. Section 6. Form of Bonds. The Bonds shall be in substantially the following form, with appropriate or necessary insertions, depending upon the omissions and variations as permitted or required hereby. [STATEMENT OF INSURANCE] UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY ' REFUNDING BOND, 2010 (VALLEY COMMUNICATIONS CENTER PROJECT) INTEREST RATE: MATURITY DATE: CUSIP NO : REGISTERED OWNER PRINCIPAL AMOUNT: ' VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY (the "Authority"), 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 the date of issuance and delivery, 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 [June 1, 2010] and semiannually thereafter on the first days of each December and June thereafter. Both principal of and interest on this bond are payable in lawful money of the United States of America 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 DTC referred to in the Blanket Issuer Letter of Representations from the Authority to DTC. In the event that the bonds of this issue are no longer held in fully immobilized form, interest on this bond shall be paid by check or draft mailed to the Registered Owner at the address appearing on the Bond Register on the 15"' day of the month preceding the interest payment date, and principal of this bond shall be payable upon presentation and surrender of this bond by the -15- P 120287_CMW120287_8111-1 01/14/2010 Registered Owner at the principal office at the principal office of the fiscal agency of the State of Washington in New York, New York(the "Registrar") This bond is one of an authorized issue of bonds of like date and tenor, except as to number, amount, rate of interest and date of maturity, in the aggregate principal amount of S[5,585,000] (the "Bonds"), and is issued pursuant to Resolution No (the "Bond Resolution') adopted by the Authority on [March 5, 2010] to refund certain outstanding bonds of the Authority and pay costs of issuance of the Bonds Capitalized terms used in this bond which are not specifically defined have the meanings given such terms in the Bond Resolution. 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 resolutions duly adopted by the Authority, including the Bond Resolution The bonds of this issue are not subject to redemption prior to their scheduled maturities THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY IS A , PUBLIC AUTHORITY ORGANIZED PURSUANT TO ORDINANCE NO 5358 OF THE CITY OF AUBURN, ORDINANCE NO. 00-369 OF THE CITY OF FEDERAL WAY, RESOLUTION NO 1564 AND ORDINANCE NO. 3510 OF THE CITY OF KENT, ORDINANCE NO. 4836 OF THE CITY OF RENTON AND ORDINANCE NO 1912 OF THE CITY OF TUKWILA, THE LAWS OF THE STATE OF WASHINGTON, RCW 35.21 730 THROUGH RCW 35 21.757 AND CHAPTER 39.34 RCW. RCW 35 21.750 PROVIDES AS FOLLOWS "[A]LL LIABILITIES INCURRED BY SUCH PUBLIC CORPORATION, COMMISSION, OR AUTHORITY SHALL BE SATISFIED EXCLUSIVELY FROM THE ASSETS AND PROPERTIES OF SUCH PUBLIC CORPORATION, COMMISSION OR AUTHORITY AND NO CREDITOR OR OTHER PERSON SHALL HAVE ANY RIGHT OF ACTION AGAINST THE CITY, TOWN, OR COUNTY CREATING SUCH CORPORATION, COMMISSION, OR AUTHORITY ON ACCOUNT OF ANY DEBTS, OBLIGATIONS, OR LIABILITIES OF SUCH PUBLIC CORPORATION, COMMISSION, OR AUTHORITY." IN NO EVENT SHALL THE OBLIGATIONS OF THE AUTHORITY BE PAYABLE BY RECOURSE AGAINST ANY PROPERTIES, ASSETS OR REVENUES OF THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON OR TUKWILA, WASHINGTON, THE STATE OF WASHINGTON OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON NO PERSON TO WHOM SUCH OBLIGATIONS ARE OWED SHALL HAVE ANY RECOURSE OR RIGHT OF ACTION AGAINST THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON OR TUKWILA, WASHINGTON, THE STATE OF WASHINGTON OR ANY OTHER POLITICAL SUBDIVISION THEREOF ON ACCOUNT OF SUCH OBLIGATIONS, EXCEPT TO ENFORCE THE PAYMENTS OBLIGATED TO BE MADE BY ORDINANCE BY EACH OF THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON OR TUKWILA. The bonds of this issue do not constitute a general indebtedness of the Authority, the City of Kent, the City of Auburn, the City of Federal Way, the City of Renton, or the City of Tukwila, Washington (collectively, the "Member Cities"), or the State of Washington The Member -16- P120287-CMW120287-8RH 0111 4/201 0 Cities have entered into the Valley Communications Center Interlocal Agreement dated April 17, 2000 (the "Interlocal Agreement") In the Interlocal Agreement, and in each ordinance of the Member Cities, the Member Cities have covenanted and agreed, severally and not jointly, that for so long as any of the bonds of this issue are outstanding and unpaid, each Member City will contribute in equal shares to pay debt service on such bonds and will include in its budget an amount sufficient, together with other moneys of each Member City, that may be legally be used to make sure payments. The obligation of each Member City to pay its proportional share shall 1 be an irrevocable full faith and credit obligation of such Member City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Member City on all of the taxable property within the Member City and other sources of revenues available therefor. The bonds of this issue have been designated by the Authority as "qualified tax-exempt obligations" for investment by financial institutions under Section 265(b)(3) of the Code. The bonds of this issue are not private activity bonds. This bond and the bonds of this issue are payable solely from the Bond Fund, as created and described in the Bond Resolution This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Registrar. 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 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 Authority may incur. IN WITNESS WHEREOF, the Valley Communications Center Development Authority has caused this bond to be executed by the manual or facsimile signatures of the President and Secretary of its Board of Directors as of this day of 2010 VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY By /s/facsimile President, Board of Directors ATTEST: /s/ facsimile Secretary, Board of Directors -17- P 120287_C~202878RR 01/14/2010 The Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form CERTIFICATE OF AUTHENTICATION Date of Authentication This bond is one of the bonds described in the within-mentioned Bond Resolution and is one of the Valley Communications Center Development Authority Refunding Bonds, 2010 (Valley Communications Center Project), of the Authority, dated 12010. WASHINGTON STATE FISCAL AGENCY as Registrar By Authorized Signer Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the Authority with the manual or facsimile signatures of the President and Secretary of its Board of Directors shall be impressed, imprinted or otherwise reproduced on each Bond. Only such Bonds as shall bear thereon a Certificate of Authentication in the form , hereinbefore recited, manually executed by the Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this resolution Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this resolution. In case either of the officers who shall have executed the Bonds shall cease to be officer or officers of the Authority before the Bonds so signed shall have been authenticated or delivered by the Registrar, or issued by the Authority, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the Authority as though those who signed the same had continued to be such officers of the Authority. Any Bond may also be signed and attested on behalf of the Authority -18- P 120287_CMW120287_8RH 0111 4/2 01 0 by such persons who are at the actual date of delivery of such Bond the proper officers of the Authority although at the original date of such Bond any such person shall not have been such officer of the Authority. Section 8. Bond Fund There is hereby authorized to be created a special fund of the Authority entitled the"Special Obligation Bond Fund" (the"Bond Fund"). The Bond Fund shall be maintained for the purpose of paying the principal of and interest on the Bonds. Upon the issuance of the Bonds and for so long as the Bonds remain outstanding, the Authority shall tdeposit into the Bond Fund, on or before each date on which a payment of principal of or interest on the Bonds is due and payable, the amount of such principal and/or interest Such deposits shall be made from any available fund of the Authority and shall include contributions from the Member Cities, as specified in the Interlocal Agreement and in the ordinances and resolutions of the Member Cities. Section 9. Investments and Earnings. All money in the Bond Fund may be kept in cash or may be invested in such manner as is permitted by law for money held in similar funds 1 and accounts of public development authorities in the State of Washington. The Authority may not invest money in the Bond Fund in a manner that will adversely affect the exemption from federal income taxation of the interest on the Bonds The earnings on investments in such funds and any profit realized on the sale of such investments shall be retained in such fund. Section 10. Defeasance. In the event that the Authority, in order to effect the payment or retirement 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 noncallabte Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient pay and retire such Bond in accordance with its terms and to I -19- P 120287_CMW120287_8RH 01/1 412 0 1 0 pay when due the interest thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this resolution 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 resolution. The Authority 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 the continuing disclosure agreement referenced in Section 14 of this resolution. Section 11. Tax Covenants. (a) Arbitrage Covenant The Authority 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 Authority 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 Authority represents that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is an issuer whose arbitrage certifications may not be relied upon. The Authority will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds -20- PV0287_CAIMOM7_8RH 0 111 41201 0 (b) Private Person Use Limitation for Bonds. The Authority covenants that for as long as the Bonds are outstanding, it will not permit. (1) More than 10% of the Net Proceeds of the Bonds to be allocated to any Private Person Use; and 1 (2) More than 10% of the principal or interest payments on the Bonds in a 1 Bond Year to be directly or indirectly: (A) 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 (B) derived from payments (whether or not made to the Authority) in respect of property, or borrowed money, used or to be used for any Private Person Use The Authority further covenants that, if, (3) More than five percent of the Net Proceeds of the Bonds are allocable to any Private Person Use; and I (4) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this resolution or any underlying arrangement) directly or indirectly: (A) 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 (B) derived from payments (whether or not made to the Authority) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the project described in subsection (3) hereof or Private Person Use payments described in subsection(4) hereof that is in excess of the five percent limitations described in such subsections (3) or(4) will be for a Private Person Use that is related to the state -21- P 120287_C~202878RH 01/14/2010 or local governmental use of the project refinanced by the proceeds of the Bonds, and (ii) 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 to which the Private Person Use of such portion of the project refinanced by the proceeds of the Bonds relate. The Authority further covenants that it will comply with any limitations on the use of the project refinanced 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 (c) Modification of Tax Covenants The covenants of this section are specified solely to assure the continued treatment of the tax status of 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 Authority's Bond Counsel that such modification or ' elimination will not adversely affect the tax status of the Bonds. [(d) Designation under Section 265(b). The Authority hereby designates the Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions. Each Member City has or will represent to the Authority that it does not anticipate issuing more than $30,000,000 in tax-exempt obligations during 2010 (excluding obligations permitted by the Code to be excluded for purposes of the respective Member City's qualification as a qualified small issuer).] Section 12. Sale of Bonds and Official Statement. The Authority hereby accepts the offer of Seattle-Northwest Securities Corporation, Seattle, Washington (the "Underwriter"), to purchase the Bonds on the terms and conditions set forth in its Bond Purchase Contract dated as -22- P 120287_CMW120287_8RH 01/14/2010 i of this date and presented to the Board on this date, and in this resolution Said Bond Purchase Contract is hereby in all respects accepted and approved, and the Designated Representative is authorized to execute the Purchase Contract on behalf of the Authority. Upon the passage and approval of this resolution, the proper officials of the Authority are iauthorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriter thereof and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms iof the Bond Purchase Contract. ' The Designated Representative is hereby authorized to review and approve on behalf of the Authority the preliminary and final Official Statements relative to the Bonds with such additions and changes as may be deemed necessary or advisable. The Preliminary Official Statement dated , 2010 is hereby deemed final for purposes of Securities and Exchange Commission Rule 15c2-12. Section 13. Refunding; Procedures. (a) Refunding Plan For the purpose of realizing a debt service savings and benefiting the taxpayers of the Member Cities, the Board proposes to issue the Bonds and provide for the payment of the principal of and interest on and the redemption price (or principal due at maturity) of the $5,345,000 principal amount of the outstanding 2000 Bonds maturing on December 1 in the years 2011 through 20 t 3 and 2015 (the "Refunded Bonds"). The Refunded Bonds shall be called for redemption at 100% of par on December 1, 2010. (b) Refunding Proceeds. The net proceeds of sale of the Bonds shall be delivered to the Escrow Agent for the purpose of defeasing the Refunded Bonds and paying related costs of issuance -23- P 120287_CMM202878RH 01/14/2010 Money received by the Escrow Agent from the Bond proceeds and other money provided by the Authority shall be used immediately by the Escrow Agent upon receipt thereof in accordance with the terms of the Escrow Agreement to defease the Refunded Bonds as authorized by the 2000 Bond Resolution, and to pay costs of issuance of the Bonds The Authority shall defease the Refunded Bonds and discharge such obligations by the use of money deposited with the Escrow Agent to purchase certain Government Obligations (which obligations so purchased, are herein called "Acquired Obligations"), bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment: (1) interest on the Refunded Bonds coming due on each date on which interest is due and payable, to and including December 1, 2010, and (2) the redemption price of the Refunded Bonds (100% of the principal amount thereof) on December 1, 2010. Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. (c) Escrow Agent/Escrow Agreement The Authority hereby appoints as the Escrow Agent for the Refunded Bonds. A beginning cash balance, if any, and the 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 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. 1 -24- P 120287_CMM202878RH 01/14/2010 In order to carry out the purposes of this Section 13, the Designated Representative is authorized and directed to execute and deliver to the Escrow Agent, an Escrow Deposit ' Agreement, substantially in the form attached hereto as Exhibit A. (d) Call for Redemption of Refunded Bonds The Authority hereby irrevocably sets ' aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bonds to 1 make the payments described in Subsection (b)(1) and (2) of this Section 13. The Authority hereby irrevocably calls the Refunded Bonds for redemption on December 1, 2010 in accordance with the provisions of the 2000 Bond Resolution. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the final establishment of the escrow account and delivery of the Acquired Obligations to the Escrow Agent. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the ' 2000 Bond Resolution The Designated Representative is authorized and requested to provide 1 whatever assistance is necessary to accomplish such redemption and the giving of notices therefor. The costs of publication of such notices shall be an expense of the Authority. ' The Authority will take such actions as are found necessary to ensure that all necessary and proper fees, compensation and expenses of the Escrow Agent shall be paid when due. Section 14 Undertaking to Provide Ongoing Disclosure. The Designated Representative is hereby authorized to execute and deliver a continuing disclosure agreement or ' certificate regarding ongoing disclosure in order to assist the Underwriter in complying with Section (b)(5) of the Rule. -25- P�20287CMW1202878RH 01/14/2010 [Section 15. Bond Insurance. (a) Acceptance of Insurance. In accordance with the offer of the Underwriter to purchase the Bonds, the Board hereby approves the commitment of the Insurer to provide a bond insurance policy guaranteeing the payment when due of principal of and interest on the Bonds (the "Bond Insurance Policy"). The Board further authorizes and directs all proper officers, , agents, attorneys and employees of the Authority to cooperate with the Insurer in preparing such , additional agreements, certificates, and other documentation on behalf of the Authority as shall be necessary or advisable in providing for the Bond Insurance Policy. , (b) Payments Under the Bond Insurance Pohcy. [to come]] Section 16 Severabihty. If any one or more of the covenants or agreements provided in this resolution to be performed on the part of the Authority shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or , agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this resolution and shall in no way affect the validity of the other provisions of this resolution or of the Bonds. Section 17. Effective Date. This resolution shall become effective immediately upon its adoption. i -26- P 120287CMW120287_8RH 01/14/2010 ADOPTED by the Board of Directors of the Valley Communications Center Development Authority at a [regular] meeting thereof held this [5`" day of March, 2010]. ' By By President and Board Member Board Member ' By By Board Member Board Member L BY Board Member -27- P W287_CMW120287_8RH 0 111 412 01 0 SECRETARY'S CERTIFICATE , I, the undersigned, the duly chosen, qualified and acting Secretary of the Valley Communications Center Development Authority (the "Authority"), and keeper of the records of ' the Authority's Board of Directors (the "Board"), DO HEREBY CERTIFY 1. That the attached Resolution No. (the "Resolution") is a true and correct copy of a resolution of the Board, as finally adopted at a [regular] meeting of the Board held on the [5th day of March, 2010], and duly recorded in the offices of the Authority. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Board voted in the proper manner for the adoption of said Resolution; that all other requirements and proceedings incident to the proper adoption of said Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand as of this [51' day of March, 2010]. ' Secretary of the Board of Directors Valley Communications Center Development Authority i t 1 P 120287C~202878RH 0111V2010 EXHIBIT A ESCROW DEPOSIT AGREEMENT VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY REFUNDING BONDS, 2010 (VALLEY COMMUNICATIONS CENTER PROJECT) ' THIS ESCROW AGREEMENT, dated as of , 2010 (herein, together with any amendments or supplements hereto, called the "Agreement") is entered into by and between ' the VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY (herein called the "Authority") and I , as escrow agent (herein, together with any successor in such capacity, called the "Escrow Agent") The notice addresses of the Authority and the Escrow Agent are shown on Exhibit A attached hereto and made a part hereof. WITNESSETH : WHEREAS, the Authority heretofore has issued and there presently remain outstanding the obligations described in Exhibit B (the "Refunded Bonds"); and WHEREAS, pursuant to Resolution No. adopted on [March 5, 2010] (the "Bond Resolution'), the Authority has determined to issue its Valley Communications Center Development Authority Refunding Bonds, 2010 (Valley Communications Center Project) (the "Bonds"), the proceeds of which are being used to refund the Refunded Bonds as described in ' Exhibit B; and WHEREAS, the Escrow Agent has reviewed this Agreement, and is willing to serve as Escrow Agent hereunder; and ' WHEREAS, Certified Public Accountants, of have prepared a verification report which is dated 20tO (the "Verification Report") relating to the source and use of funds available to accomplish the refunding of the Refunded Bonds, the investment of such funds and the adequacy of such funds and investments to provide for the payment of the debt service due on the Refunded Bonds, and WHEREAS, pursuant to the Bond Resolution, the Refunded Bonds have been designated for redemption prior to their scheduled maturity dates and, after provision is made for such redemption, the Refunded Bonds will come due in the amount and at the time set forth in Exhibit C; and WHEREAS, when Escrowed Securities have been deposited with the Escrow Agent for the payment of all principal and interest of the Refunded Bonds when due, then the Refunded Bonds shall no longer be regarded as outstanding except for the purpose of receiving payment from the funds provided for such purpose, and i t WHEREAS, the Bonds have been duly authorized to be issued, sold, and delivered for , the purpose of obtaining the funds required to provide for the payment of the redemption price of the Refunded Bonds as shown on Exhibit C, and WHEREAS, the Authority desires that, concurrently with the delivery of the Bonds to the purchasers, the proceeds of the Bonds, together with certain other available funds of the Authority, shall be applied to purchase certain direct obligations of the United States of America hereinafter defined as (the "Escrowed Securities") for deposit to the credit of the Refunding Account and to establish a beginning cash balance (if needed) in the Refunding Account, and NOW, THEREFORE, in consideration of the mutual undertakings, promises and , agreements herein contained, the sufficiency of which hereby are acknowledged, and to secure the full and timely payment of principal of and the interest on the Refunded Bonds, the Authority and the Escrow Agent mutually undertake, promise and agree for themselves and their respective representatives and successors, as follows: Article 1. Definitions , Section 1.1. Definitions. Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them below when they are used in this Agreement Escrowed Securities means the noncallable Government Obligations described in Exhibit D, or cash or other noncallable obligations substituted therefor pursuant to Section 4 2 of ' this Agreement. Government Obligations means direct, noncallable (a) United States Treasury , Obligations, (b) United States Treasury Obligations - State and Local Government Series, (c) non-prepayable obligations which are unconditionally guaranteed as to full and timely payment of principal and interest by the United States of America or (d) REFCORP debt obligations unconditionally guaranteed by the United States. Paying Agent means the fiscal agency of the state of Washington, as the paying agent for the Refunded Bonds Refunding Account means the fund created by this Agreement to be established, held and administered by the Escrow Agent pursuant to the provisions of this Agreement. Section 1.2. Other Definitions. The terms "Agreement," "Authority," "Bonds," "Escrow Agent," "Bond Resolution," and "Refunded Bonds," and Verification Report" when they are used in this Agreement, shall have the meanings assigned to them in the preamble to this Agreement i A-2 PM287_CMW120287_8RH OV28110 r Section 1.3. Interpretations. The titles and headings of the articles and sections of this Agreement have been inserted for convenience and reference only and are not to be considered a part hereof and shall not in any way modify or restrict the terms hereof This Agreement and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the intended purpose of providing for the refunding of the Refunded Bonds in accordance with ' applicable law. Article 2. Deposit of Funds and Escrowed Securities rSection 2.1. Deposits in the Refunding Account. Concurrently with the sale and delivery of the Bonds the Authority shall deposit, or cause r to be deposited, with the Escrow Agent, for deposit in the Refunding Account, the funds sufficient to purchase the Escrowed Securities and pay costs of issuance described in Exhibit D, and the Escrow Agent shall, upon the receipt thereof, acknowledge such receipt to the Authority in writing. Article 3. Creation and Operation of Refunding Account ' Section 3.1. Refunding Account. The Escrow Agent has created on its books a special trust fund and irrevocable escrow to ' be known as the Refunding Account. The Escrow Agent agrees that upon receipt it will deposit to the credit of the Refunding Account the funds and the Escrowed Securities described in Exhibit D. Such deposit, all proceeds therefrom, and all cash balances on deposit therein (a) shall be the property of the Refunding Account, (b) shall be applied only in strict conformity with the terms and conditions of this Agreement, and (c) are hereby Irrevocably pledged to the payment of the principal of and interest on the Refunded Bonds, which payment shall be made r by timely transfers of such amounts at such times as are provided for in Section 3 2 When the final transfers have been made for the payment of such principal of and interest on the Refunded Bonds, any balance then remaining in the Refunding Account shall be transferred to the Authority, and the Escrow Agent shall thereupon be discharged from any further duties hereunder. ' Section 3.2. Payment of Principal and Interest. The Escrow Agent is hereby irrevocably instructed to transfer to the Paying Agent from the cash balances on deposit in the Refunding Account, the amounts required to pay the principal of the Refunded Bonds at their redemption date and interest thereon to such redemption date in the amounts and at the times shown in Exhibit C. 1 A-3 P M287_CMWL90287_SRH 01/28/10 r Section 3.3. Sufficiency of Refunding Account. , The Authority represents that, based upon the information provided in the Verification Report, the successive receipts of the principal of and interest on the Escrowed Securities will assure that the cash balance on deposit from time to time in the Refunding Account will be at all times sufficient to provide moneys for transfer to the Paying Agent at the times and in the amounts required to pay the interest on the Refunded Bonds as such interest comes due and the principal of the Refunded Bonds as the Refunded Bonds are paid on an optional redemption date prior to maturity, all as more fully set forth in Exhibit E attached hereto. If, for any reason, at any time, the cash balances on deposit or scheduled to be on deposit in the Refunding Account shall be insufficient to transfer the amounts required by the Paying Agent to make the payments , set forth in Section 3.2 hereof, the Authority shall timely deposit in the Refunding Account, from any funds that are lawfully available therefor, additional funds in the amounts required to make such payments Notice of any such insufficiency shall be given promptly as hereinafter provided, but the Escrow Agent shall not in any manner be responsible for any insufficiency of funds in the Refunding Account or the Authority's failure to make additional deposits thereto. Section 3.4. Trust Fund. The Escrow Agent shall hold at all times the Refunding Account, the Escrowed Securities and all other assets of the Refunding Account, wholly segregated from all other funds and securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any other assets of the Refunding Account to be commingled with any other funds or securities of the Escrow Agent; and it shall hold and dispose of the assets of the Refunding Account only as set forth herein The Escrowed Securities and other assets of the Refunding Account shall always be maintained by the Escrow Agent as trust funds for the benefit of the owners of the ' Refunded Bonds; and a special account shall at all times be maintained on the books of the Escrow Agent The amounts received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the Authority, and the Escrow Agent shall have no right to title with respect thereto except as an agent and Escrow Agent under the terms of this Agreement. The amounts received by the Escrow Agent under this Agreement shall not be subject to warrants, drafts or checks drawn by the Authority or, except to the extent expressly herein provided, by the Paying Agent. Article 4. Limitation on Investments Section 4.1. investments. Except for the initial investment in the Escrowed Securities, and except as provided in Section 4 2, the Escrow Agent shall not have any power or duty to invest or reinvest any money held hereunder, or to make substitutions of the Escrowed Securities, or to sell, transfer, or otherwise dispose of the Escrowed Securities. r 1 A-4 P120287_CMWM20287_8RH 01/28/10 r rSection 4.2. Substitution of Securities. At the written request of the Authority, and upon compliance with the conditions hereinafter stated, the Escrow Agent shall utilize cash balances in the Refunding Account, or sell, transfer, otherwise dispose of or request the redemption of the Escrowed Securities and apply the proceeds therefrom to purchase Refunded Bonds or Government Obligations which do not permit the redemption thereof at the option of the obligor. Any such transaction may be effected by the Escrow Agent only if(a) the Escrow Agent shall have received a written opinion from a firm of certified public accountants that such transaction will not cause the amount of money and securities in the Refunding Account to be reduced below an amount sufficient to provide for the full and timely payment of principal of and interest on all of the remaining Refunded Bonds as they become due, taking into account any optional redemption thereof exercised by the Authority in connection with such transaction; and (b) the Escrow Agent shall have received the unqualified written legal opinion of its bond counsel or tax counsel to the effect that such transaction will not cause any of the Bonds or Refunded Bonds to be an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended Article 5. Application of Cash Balances ' Section 5.1. In General. ' Except as provided in Section 2.1, 3.2 and 4.2 hereof, no withdrawals, transfers or reinvestment shall be made of cash balances in the Refunding Account. Cash balances shall be held by the Escrow Agent in United States currency as cash balances as shown on the books and rrecords of the Escrow Agent and, except as provided herein, shall not be reinvested by the Escrow Agent, provided, however, a conversion to currency shall not be required (i) for so long as the Escrow Agent's internal rate of return does not exceed 20%, or (n) if the Escrow Agent's internal rate of return exceeds 20%, the Escrow Agent receives a letter of instructions, accompanied by the opinion of nationally recognized bond counsel, approving the assumed reinvestment of such proceeds at such higher yield. Article 6. Redemption of Refunded Bonds rSection 6.1. Call for Redemption. ' The Authority hereby irrevocably calls the Refunded Bonds for redemption on their earliest redemption date, as shown in Appendix A attached hereto. Section 6.2. Notice of Redemption/Notice of Defeasance. The Escrow Agent agrees to give a notice of defeasance and a notice of the redemption of the Refunded Bonds to the Paying Agent for dissemination in accordance with the terms of Resolution No 1 of the Board of Directors of the Authority and in substantially the forms attached hereto as Appendices A and B to the Paying Agent for distribution as described therein. r ' A-5 P 120287_CM1M20287_8RH 01/28/10 r The notice of defeasance shall be given immediately following the execution of this Agreement, r and the notice of redemption shall be given in accordance with the resolution authorizing the Refunded Bonds The Escrow Agent hereby certifies that provision satisfactory and acceptable , to the Escrow Agent has been made for the giving of notice of redemption of the Refunded Bonds Article 7. Records and Reports Section 7.1. Records. The Escrow Agent will keep books of record and account in which complete and accurate , entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and Escrowed Securities deposited to the Refunding Account and all proceeds thereof, and such books shall be available for inspection during business hours and after reasonable notice. Section 7.2. Reports. , While this Agreement remains in effect, the Escrow Agent annually shall prepare and send to the Authority a written report summarizing all transactions relating to the Refunding Account during the preceding year, including, without limitation, credits to the Refunding Account as a result of interest payments on or maturities of the Escrowed Securities and transfers from the Refunding Account for payments on the Refunded Bonds or otherwise, together with a detailed statement of all Escrowed Securities and the cash balance on deposit in the Refunding Account as of the end of such period Article 8. Concerning the Paying Agent and Escrow Agent , Section 8.1. Representations. , The Escrow Agent hereby represents that it has all necessary power and authority to enter ' into this Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out al I of its obligations hereunder Section 8.2. Limitation on Liability. The liability of the Escrow Agent to transfer funds for the payment of the principal of and interest on the Refunded Bonds shall be limited to the proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the Refunding Account Notwithstanding any provision contained herein to the contrary, the Escrow Agent shall have no habihty whatsoever for the insufficiency of funds from time to time in the Refunding Account or any failure of the obligors of the Escrowed Securities to make timely payment thereon, except for the obligation to notify the Authority promptly of any such occurrence r A-6 PM287_CMVP20287_BRH 01128110 The recitals herein and in the proceedings authorizing the Bonds shall be taken as the statements of the Authority and shall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent It is the intention of the parties that the Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in the performance of any of its duties or the exercise of any of its rights and powers hereunder ' The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion or power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the consequences of any error of judgment, and the Escrow Agent shall not be answerable except for its own action, neglect or default, nor for any loss unless the same shall have been through its negligence or want of good faith. Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the Authority with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Refunding ' Account, to dispose of and deliver the same in accordance with this Agreement. If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own misconduct or its negligence In determining the occurrence of any such event or contingency the Escrow Agent may request from the Authority ' or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contingency, and in this connection may make inquiries of, and consult with, among others, the Authority at any time. Section 8.3. Compensation. The Authority shall pay to the Escrow Agent fees for performing the services hereunder and for the expenses incurred or to be incurred by the Escrow Agent in the administration of this Agreement pursuant to the terms of the Fee Schedule attached as Appendix C The Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Refunding Account for any fees for its services, whether regular or extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its expenses as Escrow Agent or in any other capacity. tSection 8.4. Successor Escrow Agents. If at any time the Escrow Agent or its legal successor or successors should become unable, through operation or law or otherwise, to act as Escrow Agent hereunder, or if its property and affairs shall be taken under the control of any state or federal court or ' administrative body because of insolvency or bankruptcy or for any other reason, a vacancy shall ' A-7 P120287 CMW120287_8RH 01/28/10 forthwith exist in the office of Escrow Agent hereunder. In such event the Authority, by appropriate action, promptly shall appoint an Escrow Agent to fill such vacancy If no successor Escrow Agent shall have been appointed by the Authority within 60 days, a successor may be appointed by the owners of a majority in principal amount of the Refunded Bonds then outstanding by an instrument or instruments in writing filed with the Authority, signed by such owners or by their duly authorized attorneys-in-fact If, in a proper case, no appointment of a ' successor Escrow Agent shall be made pursuant to the foregoing provisions of this Section within three months after a vacancy shall have occurred, the owner of any Refunded Bond may apply to any court of competent jurisdiction to appoint a successor Escrow Agent Such court may thereupon, after such notice, if any, as it may deem proper, prescribe and appoint a successor Escrow Agent , Any successor Escrow Agent shall be a corporation organized and doing business under the laws of the United States or any state, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $100,000,000 and subject to the supervision or examination by federal or state authority. Any successor Escrow Agent shall execute, acknowledge and deliver to the Authority and the Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent shall execute and deliver an instrument transferring to such successor Escrow Agent, ' subject to the terms of this Agreement, all the rights, powers and trusts of the Escrow Agent hereunder. Upon the request of any such successor Escrow Agent, the Authority shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such ' successor Escrow Agent all such rights, powers and duties. The obligations assumed by the Escrow Agent pursuant to this Agreement may be ' transferred by the Escrow Agent to a successor Escrow Agent if (a) the requirements of this Section 8.4 are satisfied, (b) the successor Escrow Agent has assumed all the obligations of the Escrow Agent under this Agreement, and (c) all of the Escrowed Securities and money held by the Escrow Agent pursuant to this Agreement have been duly transferred to such successor Escrow Agent. Article 9. Miscellaneous ' Section 9.1. Notice. Any notice, authorization, request, or demand required or permitted to be given ' hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed to the Treasurer or the Escrow Agent at the address shown on Exhibit A attached hereto The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten days prior notice thereof. A-8 P M287_CMW120287_8RH 01/28/10 Section 9.2. Termination of Responsibilities. ' Upon the taking of all the actions as described herein by the Escrow Agent, the Escrow Agent shall have no further obligations or responsibilities hereunder to the Authority, the owners of the Refunded Bonds or to any other person or persons in connection with this Agreement. Section 9.3. Binding Agreement. ' This Agreement shall be binding upon the Authority and the Escrow Agent and their respective successors and legal representatives, and shall inure solely to the benefit of the owners of the Refunded Bonds, the Authority, the Escrow Agent and their respective successors and legal representatives. ' Section 9.4. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained ' herein Section 9.5. Washington Law Governs. This Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the state of Washington. Section 9.6. Time of the Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Agreement. Section 9.7. Notice to Moody's. In the event that this agreement or any provision thereof is severed, amended or revoked, the Authority shall provide written notice of such severance, amendment or revocation to Moody's Investors Service at 7 World Trade Center at 250 Greenwich Street, New York, ' New York, 10007, Attention: Public Finance Rating Desk/Refunded Bonds. I , ' A-9 P120287_CMW120287_8RH OU28110 Section 9.8. Amendments. This Agreement shall not be amended except to cure any ambiguity or formal defect or , omission in this Agreement. No amendment shall be effective unless the same shall be in writing and signed by the parties thereto. No such amendment shall adversely affect the rights of the holders of the Refunded Bonds. No such amendment shall be made without first receiving ' written confirmation from the rating agencies, (if any) which have rated the Refunded Bonds that such administrative changes will not result in a withdrawal or reduction of its rating then assigned to the Refunded Bonds. If this Agreement is amended, prior written notice and copies of the proposed changes shall be given to the rating agencies which have rated the Refunded Bonds. , EXECUTED as of the date first written above. VALLEY COMMUNICATIONS CENTER , DEVELOPMENT AUTHORITY President of the Board of Directors ]ESCROW AGENT] , Authorized Signatory ' Exhibit A - Addresses of the Authority and the Escrow Agent ' Exhibit B - Description of the Refunded Bonds Exhibit C - Schedule of Debt Service on Refunded Bonds Exhibit D - Description of Beginning Cash Deposit(if any) and Escrowed Securities Exhibit E - Refunding Account Cash Flow Appendix A - Notice of Redemption for the Refunded Bonds Appendix B - Notice of Defeasance for the Refunded Bonds ' Appendix C - Fee Schedule A-10 P120287CMM20287-8RH 01128110 EXHIBIT A Addresses of the Authority and Escrow Agent ' Authority: Valley Communications Center Development Authority 27519 108"' Avenue SE Kent, Washington 98030 Attention Jamie Coleman, Finance Manager Escrow Agent: Attention 1 A-A-1 P120287_CMW120287_8RH OV2800 EXHIBIT B Description of the Refunded Bonds Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington) Dated September 15, 2000 , Maturities (December 1) Principal Amounts Interest Rates ' 2011 $ 965,000 5.000% 2012 1,010,000 5.000 2013 1,100,000 5.375 2015 2,270,000 5.750 1 A-13-1 P 120287_CMM0287_ORH 01/28/10 1 ' EXHIBIT C Schedule of Debt Service on Refunded Bonds ' Principal/ Date Interest Redemption Price Total $ $ $ TOTAL $ $ $ 1 1 A-C-1 PQ0287_CMWQ0287_8RH 01/28/10 EXHIBIT D ' Escrow Deposit I. Cash $ , II. Other Obligations Principal Description Maturity Date Amount Yield Total Cost $ % $ $ $ III. Costs of Issuance Escrow Agent Fee .......... . . . . . . $ POS/Official Statement Fee ........ .. . ......... ..... Contingency.............................. . ... . ..... . . Bond Counsel Fee (K&L Gates) .............. ......... , Rating Agency Fee.......... . ...... ... . . . . . . . $ ' Total:........ ................................. .. . ............ $ A-D-1 P120287_CMM20287_8RH 01/28/10 ' EXHIBIT E Refunding Account Cash Flow Escrow Net Escrow Excess Cash Date Requirement Receipts Receipts Balance $ $ S $ 1 A-E-1 P 1 120287_CMM20287_8RH 01128MO A-E-1 APPENDIX A Notice of Redemption* Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington) NOTICE IS HEREBY GIVEN that the Valley Communications Center Development Authority has called for redemption on December 1, 2010, the following described outstanding Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington) (the "Bonds") The Bonds will be redeemed at a price of one hundred percent (100%) of their principal amount, plus interest accrued to December 1, 2010 The redemption price of the Bonds is payable on presentation and surrender of the Bonds at the office of- The Bank of New York Mellon Wells Fargo Bank, National Worldwide Securities Processing Association 2001 Bryan Street, 9th Floor -or- Corporate Trust Department Dallas, TX 7520 141h Floor 999 Third Avenue Seattle, WA 98104 Interest on all Bonds or portions thereof which are redeemed shall cease to accrue on December 1, 2010 The following Bonds are being redeemed: Maturity Dates (December 1) Principal Amounts Interest Rates CUSIP Nos. 2011 $ 965,000 5 000% 919512AL7 2012 1,0101000 5.000 919512AM5 2013 1,100,000 5.375 919512AN3 2015 2,270,000 5 750 919512AO6 * This notice shall be given not more than 60 nor less than 30 days prior to December 1,2010, by first-class mail to each registered owner of the Bonds In addition notice shall be mailed at least 35 days prior to December 1, 2010, to The Depository Trust Company of New York, New York, Seattle-Northwest Securities Corporation, Ambac Assurance Corporation,Moody's Investors Service, and to the Municipal Securities Rulcmaking Board Page 1 - Appendix A P�20287_CMWT0287_8RH 0112a/10 ' By Order of the Valley Communications Center Development Authority The Bank of New York Mellon, as Paying Agent Dated Withholding of 28% of gross redemption proceeds of any payment made within the United States may be required by the Jobs and Growth Tax Relief Reconciliation Act of 2003 unless the Paying Agent has the correct taxpayer identification number (social security or employer identification number) or exemption certificate of the payee. Please furnish a properly completed Form W-9 or exemption certificate or equivalent when presenting your Bonds. Page 2 - Appendix A P 120287-C~20287_8RH 01/28/10 APPENDIX B* Notice of Defeasance' Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington) NOTICE IS HEREBY GIVEN to the owners of that portion of the above-captioned bonds with respect to which, pursuant to an Escrow Deposit Agreement dated 2010, between the Valley Communications Center Development Authority (the "Authority") and (the "Escrow Agent"), the Authority has deposited into an escrow account, held by the Escrow Agent, cash and non-callable direct obligations of the United States of America, the principal of and interest on which, when due, will provide money sufficient to pay each year, to and including the respective maturity or redemption date of such bonds so provided for, the principal thereof and interest thereon (the "Defeased Bonds") Such Defeased Bonds are therefore deemed to be no longer outstanding pursuant to the provisions of Resolution No. 1 of the Authority, authorizing the issuance of the Defeased Bonds but will be paid by application of the assets of such escrow account The Defeased Bonds are described as follows. Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington), dated September 15, 2000 Maturity Dates (December 1) Principal Amounts Interest Rates CUSIP Nos 2011 $ 965,000 5 000% 919512AL7 2012 1,010,000 5 000 919512AM5 2013 11100,000 5.375 919512AN3 2015 2,270,000 5.750 919512AO6 Information for Individual Registered Owner ' The addressee of this notice is the registered owner of Bond Certificate No. of the Defeased Bonds described above, which certificate is in the principal amount of$ , 2010 * This notice shall be given not more than 60 nor less than 30 days prior to December 1, 2010, by first-class mail to each registered owner of the Defeased Bonds In addition notice shall be mailed at least 35 days prior to December 1, 2010, to The Depository Trust Company of New York, New York, Seattle-Northwest Securities Corporation, Ambac Assurance Corporation, Moody's Investors Service, and to the Municipal Securities Rulemaking Board Page 1 - Appendix B Pi202870MM202878RH 01f28110 ' APPENDIX C Fee Schedule See Attached. t Page 1 - Appendix C Kent City Council Meeting Date February 16, 2010 J� Category Consent Calendar - 6H 1. SUBJECT: CONTRACT FOR E. FORK SOOSETTE CREEK CHANNEL IMPROVEMENTS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with Natural Systems Design in the amount of $34,310, to evaluate channel improvements on the East Fork of Soosette Creek, subject to terms and ■ conditions acceptable to the City Attorney and Public Works Director. The creek floods over 144`" Ave SE multiple times per year during rain events, causing standing water on the road and unsafe conditions for drivers as well as pedestrians. The original creek channel has disappeared as it is now filled-in with silt and debris. The contract will have Natural Systems Design investigate the site, prepare alternative drainage solutions, and analyze a selected design to determine if creating a new channel will improve creek flows. 3. EXHIBITS: Memo dated 1/25/10 and Consultant Services Agreement ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Counalmember moves, Councilmember seconds DISCUSSION: ACTION: { r PUBLIC WORKS DEPARTMENT Timothy J LaPorte P E , Public Works Director • Phone 253-856-5500 KENT Fax 253-856-6500 WAS""" `ON Address: 220 Fourth Avenue S Kent, WA 98032-5895 Date: January 25, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 1, 2010 j From: Toby Hallock, Environmental Engineer I Through: Timothy J. LaPorte, P.E., Public Works Director Subject: East Fork Soosette Creek Channel Improvements at 144th Avenue SE- Natural Systems Design Consultant Contract Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Contract with Natural Systems Design to evaluate channel improvements on the East Fork of Soosette Creek in the amount of $34,310 upon concurrence of the language therein by the Public Works Director and City Attorney. Summary: East Fork Soosette Creek, which is south of Lake Meridian, flows to the west under 144th Avenue SE. The creek floods over 144th Avenue SE multiple times per year during rain events, causing standing water on the road and unsafe conditions for drivers as well as pedestrians. After investigating the site, it appears the creek does ' not have a channel to flow down as it passes through a wetland on the west side of the road. The original creek channel has disappeared as it is now filled-in with silt and debris. Instead of flowing through the wetland, water backs up and ponds over 144th Avenue SE. This contract will have Natural Systems Design investigate the site, prepare alternative drainage solutions, and analyze a selected design to determine if creating a new channel will improve creek flows. This work along East Fork Soosette Creek will help us to address flooding on 144th Avenue SE. Budget Impact: Budgeted in Storm Drainage Master Plan i t ��• ,KcNT WASHIKOTON CONSULTANT SERVICES AGREEMENT i between the City of Kent and Natural Systems Design THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Natural Systems Design organized under the laws of the State of Washington, located and doing business at PO Box 15609, Seattle, WA 98115, Phone: (206) 285-7332/Fax: (206) 268-0112, Contact: Alan Johnson (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall analyze and develop alternatives for conveyance improvements for the East Fork Soosette Creek - 144`h Ave. Culvert Replacement Project. For a description, see the Consultant's January 5, 2010 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Four Thousand, Three Hundred Ten Dollars ($34,310.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be z exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the 1 disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. IX. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and Isubcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) responsible for any loss of or damage to materials, tools, or other articles used or held for use in , connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. tI. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: rBy, By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: ' Alan Johnson Timothy J. LaPorte, P.E. Natural Systems Design City of Kent PO Box 15609 220 Fourth Avenue South Seattle, WA 98115 Kent, WA 98032 (206) 285-7332 (telephone) (253) 856-5500 (telephone) (206) 268-0112 (facsimile) (253) 856-6500 (facsimile) IAPPROVED AS TO FORM: Kent Law Department Natural Systems De Ign-E Pk Soose Crk/Hallock i CONSULTANT SERVICES AGREEMENT - 5 (Over $10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; 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 , 20_. By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. 1 Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Natural j1J,stems Design Stream&Riparian PO Box 15609 l Resource Management ® Seattle,WA 98115 January 5, 2010 TO: Toby Hallock City of Kent Public Works Environmental Engineering IFROM: Alan Johnson RE: Scope and budget proposal for E.F. Soosette Cr/144[ Ave culvert replacement. First of all,thank you for selecting our firm to provide a scope and budget for conveyance improvements at the 144`h Ave culvert crossing of E.F. Soosette Creek. We look forward to working with you on this project. Following our quick field review of the project site, we propose two tasks for this project. The first task will focus on problem identification, i.e. what environmental factors are causing or contributing to flooding of the road. Our scope of work for Task 1 is: 1. FIELD REVIEW. Investigate factors in the area of the culvert that cause/contribute to flooding of the road. We will walk areas up and downstream of the site to determine if there are obvious flow blockages such as beaver dams or debris accumulations. If located, these will be located with GPS for later transfer to existing aerial photos. 2. ALTERNATIVES ANALYSIS. Review existing data, reports and air photos of the project ' area. Using this information and that obtained from the field review, develop initial alternatives for reducing flooding of the road. Prepare a five to ten page report summarizing our findings 3. COMMUNICATIONS. Attend one meeting with City staff to present our findings. Attend one meeting with regulatory staff to review replacement options. The timeframe for completing a report would be 2I days following our notice to proceed with this project. Task 2 would further analyze and develop a selected alternative(s).This would include engineering analysis of design options, stream and wetland environmental issues, and preliminary cost estimate. We look forward to working with you on this project. As project manager, I can be contacted directly by phone at 206-285-7332 or by e-mail at Alan@NaturalDes.com. Page I of 2 000 0 000 0 00 o v o 00000 0 0 00 o 0 00 w r CO(4 O r O r O (D N M r O M O O I�(O U7 O d'CO ' CO CO O N OCA r C V CO r T co Cl) M N �N T VolT _ j FR 69 69 6N9-� fA 6464 44 eM- �Q3�fo 69 � Ui 64 f% � r W CQ 6% 6A 69' d - a) u> CD, O O O - -- O - O O c0 co Cl I IL N � 0 O O :O -, (A _ O _ O a0 CV_- _ -C=N 00 - - O 00 O COO O b4 _- _ � _ 6464 r O ., -_' - 0 - O - - _ O O 0) d W - --_ O _ �' V - O V M - - ob O O O OD 04 O I lzi 0- 0 00 LO o �n N � � r -- N N - O M IX) N' - cT' (:O - O CO Cl) O r 0 _ N r_ _ _ r r r CO p Q � - __ - _ 64 IL C) 61) 69 a� o 0 0 0 C N O'V' r CO Of)b' V'CV COco CO N(O CO CO V WLr) c{j O V3 Q o M _ r co'd' V'O O N O CO r co W V'V'co O O (�- co O CO - - to C9 64 6% 0. m 0 ,_ -��. W - V' C �+�j ,�i• d' -d'-�7' CO - CV N OD co co CO fV V OM V• V M V CV O a w -- 69. - V3 >.- 0 p Q a sz a a 0 N O c> 0 0 @L h t }- U O O � � ~ F 0 U a O U s~ Q Q � 2 s c— a M O 2 R Q Z tp w 6 O, @ fh A. cc 'tf w F- a- CA O rn- c F- N a) - - 0 O O 6 �' .Y N U O N N .Y ar U W E O > > N E N 0 m a�'O �N a) �`fi M N @ � O - 'D 87'O @ !-- C6 O0 0 C C '� N @ m m �_ _ _ 75 � F- Q-Q-•un E - c c a. a �� ,- � � a°1io� � -oo, � dog • > c 0•- CO a) _ m Nc m'3 > p7 U U @ 0 0 iL Q E Q c CL`�, a _O CL �i c ti _ c Q T - !- T � _ -" N n-_LL1.-�E" N _ - O CL i jKent City Council Meeting Date February 16, 2010 Category Consent Calendar - 6I 1. SUBJECT: EAST VALLEY HIGHWAY GRANT FUNDS - ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign all documents necessary to accept federal grant monies for construction of the East Valley Highway Improvements Project (SR 167 to S. 212th Street) in the amount of $1,815,564, and establish a budget for the funds. Public Works staff applied for and was awarded several federal grants to construct the East Halley Highway Improvements Project (LID #362). A total of $3,946,092 was awarded on three separate federal grant applications. The largest grant, a $2,000,000 American Recovery and Reinvestments Act (ARRA) was accepted in 2006. Design funds totaling $130,528 were accepted in 2006. The remaining $1,815,564 is available and needs to be accepted by Council. 3. EXHIBITS: Memo dated 1/26/10 and Supplement No. 1 to Local Agency Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds iDISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte P E , Public Works Director • Phone 253-856-5500 KENT Fax- 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 26, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 1, 2010 From: Chad Bieren, P.E. — Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: East Valley Highway (84th Avenue S.) Fund Authorization Motion: Move to recommend Council accept Federal grant monies for construction of the East Valley Highway Project in the amount of $1,774,390, establish a budget for the funds, and authorize the Public Works Director to sign all necessary documents. Summary: Public Works Department staff applied for and was awarded several federal grants to construct the East Valley Highway Improvements Project (Local Improvement District #362) between 2004 and 2009. A total of $3,870,145 was awarded on three separate federal grant applications. The largest grant, a $2,000,000 American Recovery and Reinvestment Act (ARRA) 'stimulus' grant was accepted last summer and design funds totaling $95,755 were accepted in 2006. The remaining $1,774,390 is available and needs to be accepted by Council. Budget Impact: The grant funds were included in the project estimate at the time the construction contract was awarded. WrWashington State Transportation Building AF Department of Transportation 310 Maple Park Avenue S E Paula J. Hags mood,,P.E. PO Box 47300 Secretary of Transportation Olympia,WA 98504-7300 360-705-7D00 TTY 1-800-833-6388 wvnv wsdot wa gov April 23, 2009 IMr. Larry Blanchard APR 27 2009 Public Works Director CITV OF KENT City of Kent ENGINEERING DEPT 220 Fourth Avenue South Kent, WA 98032-5895 City of Kent East Valley Highway Improvements ARRA-STP UL-1073(004) American Recovery and Reinvestment Act (ARRA) of 2009 FUND AUTHORPZATION Dear Mr. chard We have received FHWA fund authorization, effective April 22, 2009, for this project as follows. PHASE TOTAL FEDERAL SHARE ARRA SHARE Construction $4,779,018 $1,815,564 $2,000,000 Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA-6075 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency In addition, this supplement modifies your PE funds to a total of$620,375 ($130,528 federal share). ARRA contains extensive requirements and expectations, failure to meet the items III detailed in the original ARRA selection letter and highlighted here may result in the withdrawal of the ARRA funding or a delay in receiving progress payments. These requirements and expectations include: io Submitting a quarterly ARRA status report Y Updating the ARRA status report within five (5) business days of achieving each of the milestones noted in the report. Mr Larry Blanchard, Public Works Director City of Kent April 23, 2009 Page 2 • Adding the GSP to all ARRA contracts that requires contractors to complete monthly employment reports. • Providing a monthly employment report summarizing the total employment for the pro_lect. • Obligating all of the ARRA funds by July 1, 2009. • Advertising for bids within two (2) weeks after FHWA has authorized the construction phase. • Within one (1) month of award, de-obligating excess ARRA funds for use on other projects. • Submitting monthly progress bills to H&LP. • Completing the project by March 2, 2012. Your project has been assigned construction contract numbei TA-3092 You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, Stephanie Tax Manager, Program Management Highways & Local Programs Division ST:j g:ac j Enclosure cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 j . i i I AM � Washington State AGENCY' A Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Kent I Federal Aid Project Number Agreement Number CFDA No 20.205 STPUL-1073 004 LA 6075 (Catalog of Federal Domestic Assistance The Local Agency desires to supplement the agreement entered Into and executed on April 27, 2006 All provisions in the basic agreement remain in effect except as expressly modified by this supplement The changes to the agreement are described as follows Project Description Name East Valley Highway Improvements Length 0.85 miles Termini State Route 167 to S. 212th Street Description of Work ® No Change Reason for Supplement To obligate the Construction funds Does this change require additional Right of Way or Easements? ❑Yes ® No Estimate of Funding Type of Work (t) (21 (3) (4) (s) Yp Previous Supplement Estimated Total Estimated Agency Estimated A reement/Su 1 Project Funds Funds Federal Funds PE a Agency Agengy 110,70000 110,700 00 14,94500 95,755 00 865 % b Other consultant 30,200 00 30 200 00 4,07700 26,123 00 c Other non-participating 469,475 00 469,47500 469,47500 Federal Aid Participation d State 10,00000 10,00000 1,35000 8,65000 Ratio for PE e Total PE Cost Estimate a+b+c+d 150 900.00 469 475.00 620,375.00 489,847.00 130,528.00 Right of Way f Age c non-participating 1 M5.472 00 1 905 472 00 1 905,472 00 Federal Aid h Other Pa icipation Ratio for RW i State Total RAN Cost Estimate f +h+i Construction k Contract 895,24900 895,24900 120,85900 774,39000 1 Other ARRA 2,000 000 00 2,000,000 00 2,000,000 00 in Other 1,156,069 001 1,156,069 00 156,06900 1,000,000 00 n Other non-participating 680,10000 680,10000 680,10000 86.5 % o Agency 32,600 00 32,60000 4,40100 28 199.00 Federal Aid Participation p State 15 000.00 15,00000 2,02500 12 975 00 Ratio for CN q Total CN Cost Estimate k+i+m+n+o 4,779,018.00 4 779.018.00 963 454.00 3,815,564.00 r Total Project Cost Estimate e 5 i 3 9 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated,it accepts and will comply with the applicable- rovisions Agency Official Washington State D pa ment of Tran ortation By Ajv6� By 44'zo Title E11b Director of Highways and 4cal Programs Date Executed APR 2 T 7009 DOT Form 140-041 EF Revised 1/2007 Kent City Council Meeting Date February 16, 2010 Category Consent Calendar - 61 1. SUBJECT: CONTRACT FOR MONITORING LAKE FENWICK AND LAKE MERIDIAN - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant contract with Tetra Tech, Inc. in an amount not to exceed $47,144.50 to monitor surface water quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2010, subject to terms and conditions acceptable to the City Attorney and Public Works Director. Lake Fenwick is currently not meeting water quality thresholds established by the Washington State Department of Ecology and the Environmental Protection Agency for total phosphorus. Water quality is also under review at Lake Meridian, with the lake being listed for observation on two parameters (fecal coliform and total phosphorus). In order to assess progress in improving water quality and in meeting standards, water quality and aquatic weed monitoring needs to continue. 3. EXHIBITS: Memo dated 1/25/10 and Consultant Contract i4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte P E , Public Works Director 400 Phone 253-856-5500 KENT Fax- 253-856-6500 WA,H I NGTO N Address: 220 Fourth Avenue S Kent, WA 98032-5895 Date: January 25, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 1, 2010 From: Matt Knox, Environmental Ecologist Through: Timothy J. LaPorte, P.E., Public Works Director Subject: 2010 Lakes Monitoring Contract Motion: Move to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc. in the amount of $47,144.SO to monitor surface water quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2010 upon concurrence of the language therein by the City Attorney and the Public Works Director. I Summary: Lake Fenwick is currently not meeting water quality thresholds established by the Washington State Department of Ecology and the Environmental Protection Agency for total phosphorus. Water quality is also a concern at Lake Meridian, with the Lake being listed on the 303d list (the nation's list of "impaired waters") for two parameters (fecal coliform and total phosphorus) and proposed for listing for six Iothers. The City has enacted a number of measures to improve water quality at both lakes including: Constructing and requiring (on private systems) stormwater treatment measures; Educating residents about ways to reduce polluted runoff (e.g. natural yard care and car washing); and in the case of Lake Fenwick, installing an in-lake aeration system and introducing weed-eating fish to reduce non-native aquatic plants. More improvements are proposed in the near future including increasing the capabilities of the aeration system and treating Lake Fenwick with non-toxic algae inhibiting chemicals. In order to assess progress in improving water quality and in meeting standards, water quality and aquatic weed monitoring needs to continue. This contract will meet these goals and help prioritize future lake management decisions. Budget Impact: No additional unbudgeted funds will be required. I KENT W..SH H. ,". CONSULTANT SERVICES AGREEMENT between the City of Kent and Tetra Tech, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of Washington, located and doing business at 1420 5th Avenue, Suite 550, Seattle, WA 98101, Phone: (206) 728-9655/Fax: (206) 728-9670, Contact: Justin Nodolf (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall monitor the environmental conditions at Lake Fenwick and Lake Meridian. For a description, see the Consultant's January 22, 2010 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by March 31, 2011. ' III. COMPENSATION. I A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Seven Thousand, One Hundred Forty Four Dollars and fifty cents ($47,144.50) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant I agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as ' delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the r same nature as that involved under this Agreement. • D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY I NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and 1 incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide I reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. 1 X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than IConsultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. IXII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms , of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 1 H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and 1 municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: tJustin Nodolf Timothy J. LaPorte, P.E. Tetra Tech, Inc. City of Kent 1 1420 51h Ave., Suite 550 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 728-9655 (telephone) (253) 856-5500 (telephone) (206) 728-9670 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: rKent Law Department 1 1 Tetra Tech-2010 Lakes Monitonng/Knox i CONSULTANT SERVICES AGREEMENT - 5 (Over $10,000) i 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 , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. I2. 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. I1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT t EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT f This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of , Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 City of Kent EXHIBIT A Scope of Work For 2010 Water Quality Monitoring January 22, 2010 Prepared for: City of Kent Prepared by: Tetra Tech, Inc. 1420 51h Avenue, Suite 550 Seattle, WA 98101 Attn: Justin Nodolf or Harry Gibbons 206.728.9655 Scope Overview The City of Kent with the aid of Tetra Tech (Tt) has been monitoring the environmental conditions at Lake Fenwick and Lake Meridian The following scope of work for 2010 is a continuation of the monitoring efforts performed during 2009 and 2009 plus additional I monitoring for data needed to construct water quality models of the lake and its watershed The scope of work describes the specific activities that Tt will perform in order to aid the City's continued effort to collect water quality data of its lakes for 2010 The primary goals of this project are to 1 ) Continue to collect baseline data for annual assessment of the lakes environmental health and to provide a long-term database for potential management decisions in the future and 2 ) Provide compliance monitoring data for Lake Fenwick in support of the current TMDL listing for phosphorus Therefore the specific objective of this scope of work is to collect data from each of the two lakes on phosphorus, temperature, dissolved oxygen (DO), pH, Secclu disk, Chlorophyll a, and phytoplankton Additionally inflow monitoring will be collected to support the assessment of the Lake Fenwick wetland, sediment cores for in-lake activities assessment and priontization, water level data for inlet, outlet, and lake. The collected dataset will be summarized and a detailed assessment made as to the overall condition of the lakes for 1 2010 using data from 2007 through 2010. Specific scope of work is outlined below. Cost estimated for these tasks are included in Exhibit A. This scope of work is for the cost associated with the collection of the samples only and does not reflect any laboratory analysis It is assumed that all laboratory analysis will be paid for in full by the City Transporting of the samples to the appropriate laboratory will be provided by Tt and is included within this estimate. Allowing the City to directly pay for the laboratory analysis is expected to save the City in direct fixed cost associated with the monitoring of the proposed sites. I Tetra Tech, Inc City of Kent Detailed Work Tasks: Task 1 Project Management 1.1 Tt will prepare monthly invoicing. L2 Tt will perform monthly QA/QC analysis of field and laboratory data to ensure the on-going validity of the collected data Deliverables I • Monthly invoices Task 2 Monitoring , Described below are the specific sampling tasks that will occur during the 2010 monitoring period. Sampling events will occur on or approximately on the following dates. February—20' March— 17tn April— 7'n, 22nd May— 12`h June—9, 23 d July—7th, 22nd August—5th, 191h September— 8`h, 22nd October—61h, 21s` November— 181h , The following tasks will be performed during each sampling event: Lake Meridian Monitoring j During each sampling event listed above water quality samples will be taken at the deepest point of the lake at a depth of 1 meter below the lake surface The water sample will be analyzed for TP (total phosphorus), chl a (chlorophyll a), and phytoplankton Water transparency will be determined with a Secchi disc on each sampling occasion. Dissolved , oxygen (DO), pH, and temperature will be determined at meter depth intervals on each sampling date. On two sampling events, one in March and one in September, additional samples will be collected for TP and chl , a analysis at mid depth and 0 5 meter above bottom sediments. Lake Meridian Stormwater Sampling Stormwater samples will be collected at 5 locations designated by the City within the Lake Meridian drainage basin and coincide with the in-lake monitoring activities Water samples will be collected for SRP (soluble reactive phosphorus) and TP analysis. In-situ parameters consisting of DO, pH, turbidity, and temperature will be recorded during each event when flow is present. Discharge will not be measured during each event. 2 Tetra Tech, Inc. City of Kent Lake Fenwick Monitoring In-lake activities at Lake Fenwick will include water quality samples taken during each sampling event listed above at the deepest point of the lake at a depth of 1 meter below the lake surface, mid depth, and 0 5 meters above bottom sediments for TP and chl a Additionally, phytoplankton will be collected at 1 meter below the take surface. Water transparency will be determined with a Secchi disc on each sampling occasion. Dissolved oxygen (DO), pH, and temperature will be determined at meter depth intervals on each sampling date. Fenwick Wetland Monitoring External loading into the lake will be monitored at the upstream treatment wetland installed by the City as part of the restoration program. Since the outflow from the wetland is Lake Fenwick's largest inflow source other than direct precipitation, sampling of the wetlands inflow/outflow will be representative of the lakes external loading contribution from runoff TP samples will be collected at the wetlands inlet and outlet when flow is present and will coincide with in-lake monitoring efforts described above. I The differential of the two measurements is intended to demonstrate the effectiveness of the wetland and other upstream BMPs. Lake Meridian Swimming Beaches A continuation from previous monitoring efforts, Fecal Coliform (FC) sampling events will be obtained from the two designated sampling I locations within the swimming area at Lake Meridian The events will coincide with sampling dates occurring in late July through early September (July 22"d, August 5"', August N"i, and September 8`h) A total Iof 8 FC samples will be collected and analyzed. Assumptions: • Laboratory testing will be performed at Aquatic Research, Inc. and will be paid for directly by the City. Phytoplankton samples will be analyzed at Water Environmental Services, Inc and will be paid for directly by the City Tt will be 1 responsible for transporting the samples to the laboratories mentioned above Tt will provide QA/QC of the results from samples delivered. Deliverables: • Water quality data collected during the sampling events listed in Task 2 in hard copy and electronic form (Included within Technical Memorandum) 1 Task 3 Lake Fenwick Macrophyte Survey The introduction of grass carp into Lake Fenwick to control invasive aquatic plant growth occurred in 2009 To document the effectiveness of introducing grass carp into the take, a detailed survey for mapping and assessment of grass carp impact on macrophytes will be conducted in August A Trimble ProXH GPS Receiver will be used to map the spatial 3 Tetra Tech, Inc City of Kent 1 extent of macrophytes within Lake Fenwick Species type and abundance will be recorded The data recorded during the August survey will be compared with mapping results collected in 2001 by divers The results of the survey, the comparison, and detailed mapping of the macrophytes will be summarized in the technical memorandum detailed in Task 4. Deliverables • Post-Processed GPS files and GIS Shapefiles of macrophyte mapping , Task 4 Water Quality Technical Memorandum A technical memorandum presenting the data in tabular and graphical form will be performed. An assessment of the water quality for 2010 for the sites listed in Task 2 and 3 wilt be included within this memorandum. In addition, a comprehensive assessment of water quality and phytoplankton trends will be conducted using data collected from 2006 through 2010. This assessment will detail interrelationships between the water quality parameters and primary production and species community structure It will also identify potential environmental risks or problems that need to be considered in the management planning process for each lake. Deliverables , • Technical memorandum presenting the data in tabular and graphical form and relative assessment of water quality for 2010 and an detail assessment of data from 2006-2010. Report will include data collected by Tt. Two hard copies and one compact disk will be submitted. Task 5 Collect Water Levels Tetra Tech will place and maintain data loggers to collect information on temperature and water levels at the inlet (outlet of the wetland) outlet channel. and lake level at Park Dock. Data will be downloaded at the time of sampling and recorded for future water quality and modeling uses. Deliverables: • Hourly water level data for lake, inlet and outlet Task 6 Collect and Analyze Sediment Cores , Tetra Tech will collect sediment cores with a 30 cm or more length for phosphorus characterization by sediment depth. Two cores will be collected from near the aerator, one core will be collected from the north end of the lake and another from the south end of the lake Each core will be analyzed for % solids, % water, % volatile solids, TP, Loosely Bound-P, Iron Bound-P, Aluminum Bound-P, Aluminum, and iron at the following sediment depths- 0-2 cm 2-4 cm 4-6 cm 6-10 cm , 4 Tetra Tech, Inc. City of Kent ! 10-15 cm 15-20 cm 20-25cm 25-30 cm TE I RA I LCH,INC.-Surface Water Group Fee Estimate CIVV OF KENT WATER QLALITY MONITORING FEE ESTIMATE ! Prmupal Prolcd Lalt hWd TotelLabur Scr"nnct Lugmeer &olog,r Teehniu.m Admen Support Total Hours with OH Dnwt Labor+OH $202 00 $1 44 00 $94 00 1 $60 00 $54 UO Work Ta.k k Dcacrlpuon 1 rolcc W,t.gerwnt 6 NS04 00 2 Mou tor mg 2 4 224 230 $1418n110 3 I a6c Fenwwk M¢mphvtc Sorvcy 16 1 h $1 3(A 00 4 TL,hmwl M..moiendrwr 2l 16 I00 I6 15h 17,4600` 5 C ollttcWmcrlwcl. g 4A $435n00 h ScdrmcN Corm l6 4 I6 $4 SSR 00 1 AL LABOR 142,932 UO M ATLRIAI S DJLn lion Una Lmtcu%t uannt ("St Notc� Torn Lruur. d,ry S2000 I 5320On Di.wlvul Oxyg,n dry $2000 16 S32000 PH ,hy $20of) 16 532000 Hoar Rcntal day $50 00 17 "S O 00 Data Recorders for water loved ntondt $-,S OO 36 S900 oo C.,.U A utdmpplia un�oecnt $40000 1 $40000 UPSR',W day $11000 1 $22000 IOIAI MAILRIALS S3,33000 RLPRODUCTION Dc"ri nonI Urn I Uri(Coa I ouw'tvCo,I Votes Samtlinc Memo Pg 10 1 50n 55000 10FALRLPRO $5000 TRAVLL Dcun uon In UmtCosl I Quanruv I Coa JN.te, M d�a¢c nuk. s0W I ,SW 1 $k32S0 GSA vn'U"'.+ntc. IOI AL IRAVLL $83250 ! IOIXLCOSr $47,14450 ! 1 5 Tetra Tech, Inc. Kent City Council Meeting Date February 16, 2010 Category Consent Calendar - 6K 1. SUBJECT: WASHINGTON STATE DEPARTMENT OF ECOLOGY COORDINATED PREVENTION GRANT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Coordinated Prevention Grant Agreement in the amount of $54,940 for 2010 with the Washington State Department of Ecology, upon terms acceptable to the City Attorney, accept the grant funds, amend the budget, and authorize expenditure of the grant funds. tFunds will be used to fund Residential and Commercial Waste Reduction and Recycling Programs in 2010-2011, which include three special recycling and collection events for residents and businesses to collect hard to recycle items, plus efforts to educate citizens to participate in the City's expanded food scrap collection services. ' The City will receive $54,940 from the Washington State Department of Ecology for 2010. ' 3. EXHIBITS: Memo dated 1/20/10 and Coordinated Prevention Grant Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 1 PUBLIC WORKS DEPARTMENT 1 Timothy J LaPorte P E , Public Works Director Phone 253-856-5500 KENT Fax 253 856 6500 1 Wnsr+ivc'c rr Address• 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 20, 2010 1 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 1, 2010 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director 1 Subject: Washington State Department of Ecology Coordinated Prevention Grant (CPG) Motion: Move to recommend Council authorize the Mayor to sign the Coordinated Prevention Grant Contract for $54,940 for 2010. Summary: 1 The Washington State Department of Ecology CPG grant will be used to fund Residential and Commercial Waste Reduction and Recycling Programs in 2010-2011. Tasks include three Special Recycling and Collection events for residents and 1 businesses to collect hard to recycle items, and efforts to educate citizens to participate in the City's expanded food scrap collection services to improve public recycling rates and improve waste diversion. Budget Impact: The City will receive $54,940 from the Washington State Department of Ecology for 2010. 1 1 1 1 1 1 Grant No.G1000XXX City of Kent COORDINATED PREVENTION GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY ' AND CITY OF KENT Coordinated Prevention Grant Agreement—Grant No.: G1000 This is a binding agreement entered into by and between the state of Washington Department of iEcology, hereinafter referred to as ECOLOGY or DEPARTMENT, and the City of Kent,hereinafter referred to as the RECIPIENT,to carry out the activities described herein. JURISDICTION: City of Kent MAILING ADDRESS: 220 4`h Avenue South CITY,STATE,ZIP: Kent,WA 98032 RECIPIENT GRANT COORDINATOR- Gina Hungerford ' TELEPHONE, 253-856-5549 FAX: 253-856-6500 ' E-MAIL ghungerford@ci.kent wa us RECIPIENT BILLING/INVOICE COORDINATOR: Paul Devine(Olympic Environmental Resources) TELEPHONE: 206-938-8262 FAX: 206-938-9873 ' E-MAIL: pauldevine@msn com ECOLOGY GRANT OFFICER- Taisa Welbasch TELEPHONE: 425-649-7266 FAX. 425-649-7259 E-MAIL: taisa.welhasch@ecy wa gov FUNDING SOURCE State Building Construction Account MAXIMUM ELIGIBLE COST $73,254 STATE GRANT SHARE $54,940 LOCAL SHARE $18,314 STATE MAXIMUM GRANT PERCENT 75% FEDERAL TAX IDENTIFICATION NO. 91-6001254 EFFECTIVE DATE OF THE AGREEMENT January 1,2010 EXPIRATION DATE OF THE AGREEMENT December 31,2011 CPG Grant Template 1 11/19/09 Grant No G 1000XXX , City of Kent PART 1: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget. Deliverables must be completed by the expiration date of this agreement, including delivery of purchases, unless otherwise stated in this agreement or approved by ECOLOGY in ' writing. Note: The term"task" as used in this agreement is interchangeable with the term"proj ect" as used on the online Solid Waste Information Clearinghouse. This agreement is a"Multi-Phased"agreement. Multi-phased means it will be written with a task's , full scope of work and a partial budget Phase One of this agreement includes work performed with the budget as outlined in Phase One of section Part 2: Fund Source and Budget. Phase Two includes the remainder of work to be performed and funds are contingent upon the budget appropriation by ' the State Legislature for the 2011-2013 biennium. After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment to increase funding to support Phase Two. Phase Two work is not authorized for reimbursement until a formal amendment to increase the budget is executed. RECIPIENTS are not obligated to complete Phase Two work until a formal amendment to increase the budget is approved. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that can be reimbursed at a rate of 75%under this grant. *The"Estimated (total)Task Cost" is for Ecology information only. It reflects the true cost of completing the full task, including expenses beyond the Maximum Eligible Cost. CATEGORY: Waste Reduction and Recycling MAXIMUM ELIGIBLE CATEGORY COST: $73,254 1. TASK TITLE: Recycling Collection Event- Residential Maximum Eligible Task Cost: $38,000 Summary Description: The RECIPIENT,in conjunction with a consultant,will continue to host two residential recycling collection events for City residents in 2010 and two in 2011. The events , will provide residents with the opportunity to divert hard-to-recycle items from the waste stream by recycling them in a convenient City location Materials residents can bring to the event for reuse and/or recycling include used tires,used anti-freeze, used petroleum-based products, used oil filters, used motor oil, bulky yard waste(large material only), scrap wood, appliances (including refrigerators, freezers, household air conditioners, and other appliances), ferrous metals, nonferrous metals, electronic equipment, computer equipment/TV sets (at the City's ' CPG Grant Template 2 11/19/09 ' Grant No, G1000XXX City of Kent option), cellular phones, porcelain toilets and sinks, propane tanks, and other materials whenever practical. The event will also serve as an opportunity to distribute educational materials 1 on how to reduce waste and recycle using City sponsored or private sector recycling programs.The RECIPIENT will verify with vendors collecting recyclables that the items are actually recycled. ' As ofdanuary 1, 2009, when implementation of the Electronics Products Recycling Law (70 95N) begins, collection and processing costs of items covered under the law will not be-eligible for CPG reimbursement The only costs that will be eligible for CPG reimbursement related to electronics ' include. Public information and involvement, expansion of e-waste recycling beyond covered electronic products and staff tame for technical assistance, coordination and collaboration. Goal Statement: The goal of this task is to decrease the amount of organic waste,MRW, and other hard-to-recycle items being landfilled by holding collection events in a convenient City location for residents. I Outcome Statement: Over the two-year grant period,the RECIPIENT expects to divert and recycle between 350-400 tons of material from the residential waste stream and serve 4,250-4,750 households. rWork Plan and Activities Timeline. A quarter is defined by calendar year and begins with the first three months of the grant period. Quarter Activity ' Phase One Q1 Arrange date and site for event.Arrange event vendors. Develop event publicity,print, sort,and mail event flyer.Hold recycling collection event in March.Recycle materials collected. Prepare project progress report and payment request for grant reimbursement. Q3 Arrange date and site for event. Arrange event vendors.Develop event publicity,print, sort,and mail event flyer. ' Q4 Hold recycling collection event in October. Recycle materials collected. Prepare project progress report and payment request for grant reimbursement. Phase Two Q5 Arrange date and site for event.Arrange event vendors. Develop event publicity,print, sort, and mail event flyer.Hold recycling collection event in March Recycle materials collected. Prepare project progress report and payment request for grant reimbursement. ' Q7 Arrange date and site for event. Arrange event vendors. Develop event publicity, print, sort,and mail event flyer.\ Q8 Hold recycling collection event in October. Recycle materials collected. Prepare project progress report and payment request for grant reimbursement. CPG Grant Template 3 11/19/09 Grant No.G 1000XXX , City of Kent Method of Evaluation: The RECIPIENT will track and report,the number of events held,the , number of event participants and the volume of each material collected in tons as reported from event vendors and from material delivered to recycling centers. ' * Estimated (total)Task Cost: $ 76,000 , 2. TASK TITLE: Recycling Collection Event- Commercial ' Maximum Eligible Task Cost: $11,000 Summary Description: The RECIPIENT, in conjunction with a consultant,will continue to host recycling collection events for City businesses in 2010 and in 2011. The events will provide business with the opportunity to divert hard-to-recycle items from the waste stream by recycling ' them in a convenient City location. Materials businesses can bring to the event for reuse and /or recycling scrap wood/pallets, appliances (including refrigerators, freezers, household air conditioners, and other appliances), ferrous metals, nonferrous metals, electronic equipment, computer equipment/TV sets (at the City's option), office recyclables/cardboard, toner cartridges, cellular phones,plastics, and other materials whenever practical. The event will also serve as an opportunity to distribute educational materials on how to reduce waste and recycle using City sponsored or private sector recycling programs. The RECIPIENT will verify with vendors collecting recyclables that the items are actually recycled. As of.lanuary 1, 2009, when implementation of the Electronics Products Recycling Law (70.95N) begins, collection and processing costs of items covered under the law will not be-eligible for CPG reimbursement. The only costs that will be eligible for CPG reimbursement related to electronics include:Public information and involvement, expansion of e-waste recycling beyond covered , electronic products and staff time for technical assistance, coordination and collaboration Goal Statement: The goal of the program is to decrease the amount of organic waste and other hard-to-recycle items being landfilled by holding collection events in a convenient City location for businesses. Outcome Statement: Over the two-year grant period,the city estimates it will divert and recycle between 40-50 tons of material from the busincss waste stream and serve 275-325 businesses. Work Plan and Activities Timeline: Phase One Q2 Arrange date and site for event. Arrange event vendors.Develop event publicity, print, sort,and marl event flyer Q3 Hold recycling collection event in August Recycle materials , collected. Prepare project progress report and payment request for grant reimbursement. ' Phase Two CPG Grant Template 4 11/19/09 Grant No.Gl000XXX City of Kent 1 Q6 Arrange date and site for event.Arrange event vendors. Develop event publicity,print, sort, and mail event flyer. ' Q7 Hold recycling collection event in August.Recycle materials collected.Prepare project progress report and payment request for grant reimbursement. ' Method of Evaluation: The RECIPIENT will track and report,the number of events held,the number of event participants and the volume of each material collected in tons as reported from event vendors and from material delivered to recycling centers. * Estimated (total)Task Cost: $ 22,000 3. TASK TITLE: Waste Reduction and Recycling Maximum Eligible Task Cost: 24,254 Summary Description: The RECIPIENT, in conjunction with a consultant,will educate and encourage citizens to use the City's expanded food scrap collection services, and will encourage citizens to recycle in public spaces.The RECIPIENT will disperse outreach materials and a limited supply of kitchen compost containers to residents signed up for this program. The RECIPIENT will strategically place public recycling bins downtown and in city parks to increase recycling rates and will evaluate service needs The RECIPIENT may also provide reusable bags with an educational piece to residents that sign a pledge to reuse,reduce and recycle. Goal Statement: The goal of this task is to educate and encourage citizens to use the City's expanded food scrap collection services and to improve public recycling rates and service needs Outcome Statement: Over the two-year grant period, The RECIPIENT expects improved participation in the food scrap collection program (that is, resident will take advantage of the service to include food scraps and food soiled paper into their curbside yard waste containers) and the city's recycling rate will also be improved due to new recycling bin placement. The tonnage of recyclable materials diverted will be determined after a waste audit or survey. Work Plan and Activities with Quarterly Timeline: ' Quarter Activity Phase One Q2 Purchase recycling bins/containers to promote City public recycling ' programs. Purchase and distribute kitchen containers that will enhance the City food waste collection program. Purchase reusable bags for City residents that signed recycling pledge. ' Q3 Ongoing CPG Grant Template 5 I I/19/09 t Grant No G1000XXX ' City of Kent Q4 Ongoing. Evaluate bin placement and estimate diversion. , Method of Evaluation: The RECIPIENT will track and report the quantity of recyclables diverted , and evaluate service needs.The RECIPIENT will also track the number of kitchen containers and reusable bags distributed and pledges signed. , * Estimated (total)Task Cost: $48,508 PART 2: FUND SOURCE AND BUDGET Approved costs must be consistent with the most recently approved Spending Plan. Costs cannot exceed the agreement Budget(Part 2: Section B) without a formal amendment. To change how fiords are allocated between the grant tasks,the RECIPIENT must submit a written request to ' ECOLOGY for a Letter Amendment. To change a scope of work or to increase/decrease a grant amount, the RECIPIENT must complete and submit a Formal Amendment Request form(ECY 070- 113). A. FUND SOURCE PHASE ONE (057/J07 9N1BW) , Maximum Eligible Cost: $73,254 ' Funtl- Tund'Share _ _ " State Share State Building Construction Account(SBCA) $54,940 ,Match Requirement _ Match Share (25%) 't _ Match Amount .; Cash Match 25% $18,314 Interlocal Costs 0% $0 , PHASE TWO Maximum Eligible Cost: $73,254 ' Fund Fund Share (75%)' S#ate Sha tte'S 're State Building Construction Account(SBCA) $54,940 , Match Acquirement .; . ' , , , Match Share (25%) Match'Amount CPG Grant Template 6 11/19/09 Grant No.G1000XXX City of Kent Cash Match 25% $18,314 ' Interlocal Costs 0% $4 ' B. BUDGET TASK Maximum Eligible Cost Maximum Eligible Cost ' Phase 1 Quarters 1-4 of Phase 2 Quarters 5-8 of the SpendingP lan) the Spending,Plan) Category: Waste Reduction and $ 73 254 $ 73,254 Rec_ cy ling 1. Task Title: Recycling Collection $ 38,000 $ 38,000 ' Event-Residential 2.Task Title: Recycling Collection $ 11,000 $ 11,000 Event-Commercial ' 3. Task Title: Waste Reduction& $ 24,254 $24,254 Recycling ' TOTAL MAXIMUM ELIGIBLE $ 73,254 $ 73,254 COST ' PART 3: BUDGET CONDITIONS A. The RECIPIENT is required to provide a match of 25% of the maximum eligible cost with cash or interlocal costs. Interlocal costs are the only type of in-kind contributions that may be used as match. B. Any work performed or costs incurred prior to the effective date or after the expiration ' date of this agreement will be at the sole expense of the RECIPIENT. C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a grant application). CPG Grant Template 7 11/19/09 Grant No.G 1000XXX City of Kent D. To increase or decrease the budget as outlined in this grant agreement, or change the scope of ' work for any project outlined in this grant agreement, ECOLOGY requires a formal amendment. The RECIPIENT must complete and submit a formal amendment using the Formal Amendment , Request form (ECY 070-113). E. Payments to the RECIPIENT from ECOLOGY shall be made payable to: ' City of Kent 220 4`I' Avenue South Kent, WA 98032 F. If parties other than the RECIPIENT are contributing to the local share of task costs, memoranda of understanding or other written agreements confirming the contribution shall be negotiated. These agreements shall specify the exact work to be accomplished and be signed by all parties contributing to the local match of this task. Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to ECOLOGY. G. Spending Plans: Approved costs must be consistent with the most recently approved Spending Plan. The RECIPIENT must submit a revised Spending Plan to ECOLOGY in order to change , the amount of funds spent by quarter. ECOLOGY'S grant officer will approve, by date stamp and signature, the revised Spending Plan. If quarterly spending exceeds the amount outlined on the approved spending plan, ECOLOGY reserves the right to hold payment of the overage depending on the availability of funds. Revised and approved Spending Plans are incorporated into this agreement by reference. PART 4: SPECIAL TERMS AND CONDITIONS , A. BILLING AND REPORTING , 1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment request to ECOLOGY at least quarterly (by calendar year), but no more often than once per month. 2. The RECIPIENT shall submit a progress report with each payment request but no less often than quarterly. These reports shall include activities that support incurred costs shown on the C1 or C2 of the payment request, and must be submitted on-line through the Solid Waste Information Clearinghouse. 3. The RECIPIENT must provide to ECOLOGY an up-to-date Spending Plan throughout the grant period. An updated Spending Plan must be submitted when changes occur that impact quarterly spending and/or quarterly reimbursement amounts. 4. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms: , A19-1A (ECY 060-02), Form 131 (ECY 060-3) or Form 132 (ECY 060-7), Form CI (ECY 060-8) or Form C2 (ECY 060-9). These forms are acceptable in electronic format. The RECIPIENT must also include all backup documentation to support items listed on Form ' C 1/C2 The budget is organized by task and therefore, the RECIPIENT shall itemize costs by task on Form Cl/C2 and summarize costs by task on Form 111/132. Forms B1 and Cl are used only when interlocal costs are used towards the 25% match. CPO Grant Template 8 11/19l09 ' Grant No.G1000XXX City of Kent 5. For all Planning and Implementation tasks and special tasks in a solid waste enforcement grant(special tasks do not include regular solid waste enforcement work such as enforcing ' solid waste codes)the RECIPIENT must submit a Final Performance Analysis (FPA) report on-line through the Solid Waste Information Clearinghouse. The final report must be submitted before ECOLOGY can process a final payment request. The final payment request ' and the FPA are due no later than February 14, 20t2 for this grant or 45 days after the grant budget is spent, whichever comes first. ' 6. For Solid Waste Enforcement tasks,recipients must submit their final quarterly solid waste enforcement progress report on-line through the Solid Waste Information Clearinghouse no later than February 14,2012. Ecology will generate a summary Final Solid Waste Enforcement report from all the quarterly reports that will serve as the final report needed to close out the agreement. 7. Progress Report (for both planning and implementation and solid waste enforcement tasks) and Final Performance Analysis (FPA) can be found on the Grant Details page of the Solid Waste Information Clearinghouse once the RECIPIENT has logged on as a Registered User. For instructions on how to become a Registered User, please visit the Coordinated Prevention Grant website at ham://www.ecy.wa.gov/programs/swfa/grants/cpg.html. ' B. DOCUMENTATION 1. The RECIPIENT shall submit supporting documents for all costs incurred. Documentation shall be provided in the order in which it is itemized on Form Cl/C2. Supporting documentation is any document deemed relevant by ECOLOGY to establish the appropriateness of an expense listed on Form C 1/C2. Please see Chapter 6 of the Program Guidelines for Coordinated Prevention Grants 2010-2011 Grant Cycle, and the Administrative Requirements for Recipients of Ecology Grants and Loans— Yellow Book, Ecology Publication#91-18 (Revised September 2005) for guidance. 2. The RECIPIENT shall maintain grant related material and supporting documents in a common file. This includes cancelled checks, invoices, purchase receipts, payroll records, time and attendance records, contract award documents, and invoice vouchers sent to ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at least three years after agreement expiration. 3. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time accounting document approved by ECOLOGY, to record staff hours being charged to the grant. 4. ECOLOGY may request additional documentation if needed to determine if a cost will be ' allowed. 5. Supporting documents shall be clear and legible, and organized by task in the order it was itemized on Form C I/C2 by the RECIPIENT. C. OTHER SPECIAL TERMS CPG Grant Template 9 H/19/09 Grant No G 1000XXX , City of Kent 1. SOLID AND HAZARDOUS WASTE MANAGEMENT PLANS ' Tasks must support implementation of the RECIPIENT's local solid and hazardous waste ' management plans. For tasks related to updating a local solid and hazardous waste management plan, the ' RECIPIENT agrees to incorporate the intent of the Washington State Hazardous Waste Management Plan and Solid Waste Management Plan(Beyond Waste Plan) into the local preliminary draft plan prior to submittal to Ecology for review. The Beyond Waste plan is a 30- ' year plan with a clear vision to eliminate wastes and toxics whenever we can and use the remaining wastes as resources The recipient agrees to include in their plan update, recommendations that address at least one of the following elements from the Beyond Waste ' Plan: moderate risk waste, organics management or green building. 2. SOLID WASTE ENFORCEMENT , Solid Waste Enforcement money can only be spent on tasks that focus on enforcement of rules and regulations, and shall be used exclusively for expenses necessary to enforce applicable regulations pursuant to Chapters 70.95.220 RCW, WAC 173-350, 351 and 304. For tasks related to inspection and permitting of solid waste facilities,those facilities must be in compliance) at the time a payment request is submitted. Compliance is defined at a minimum as the RECIPIENT shall have issued a compliance schedule or have taken enforcement action to obtain compliance. ' The RECIPIENT must also submit copies of permits to Ecology within seven days of their issuance. Once a permit is issued,Ecology has 30 days to review each permit. Complete permit , applications must be submitted to Ecology,allowing 45 days for Ecology to review and recommend for or against the issuance of a permit. The RECIPIENT must submit copies of reports for inspections conducted in the billing period with each payment request. 3. ON-LINE CONTRACTS AND GRANTS MANAGEMENT Washington State's Office of Financial Management is developing an on-line contracts and grants management system. When the system becomes available, all new or active contracts and grant agreements must be managed in this system. The RECIPIENT agrees to register in the state vendor registration program and to use the on-line system ' 4. TRAINING The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to , managing agreements and preparing, processing, and receiving payments. 5. MINORITY AND WOMEN'S BUSINESS PARTICIPATION , The RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority- owned(MBE) and women-owned(WBE) businesses in purchases and contracts initiated after the effective date of this agieement. ' Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons ' CPG Grant Template 10 11/19/09 Grant No.G1000XXX City of Kent submitting qualifications should take the following steps,when possible, in any procurement initiated after the effective date of this agreement: ' a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. ' c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. ' e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE)and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time of submitting each invoice. Please include the following information on ECOLOGY provided form (Form D). ' g) Name and state OMWBE certification number(if available)of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. ' h) The total dollar amount paid to qualified firms under this invoice. 6. PROCUREMENT AND CONTRACTS ' a) The RECIPIENT shall provide written certification that it will follow its standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must certify that they have complied with the ' "Standards for Competitive Solicitation," found in Part V of the Administrative Requirements for Recipients of Ecology Grants and Loans- Yellow Book,Ecology Publication 491-18 (Revised September 2005). b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs),requests for proposals (RFPs), and bid documents relating to this grant ' agreement to ECOLOGY'S grant officer. c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to the ECOLOGY'S grant officer for review and approval. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to your ECOLOGY assigned grant officer. d) Unless a specific purchase of equipment or real property is already written into the grant agreement, the RECIPIENT must submit a written request to the DEPARTMENT to purchase any equipment or real property (Property) with a single unit purchase price of ' $5,000 or more. The request shall include the justification for the purchase of the CPG Grant Template I 1 11/19/09 Grant No.G 1000XXX City of Kent property,the total cost,the intended use, and the anticipated useful life of the property. ' The request must be approved in writing by the DEPARTMENT prior to the purchase. 7. USE OF EXISTINNG CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant- funded activities. The RECIPIENT shall submit a copy of the contract to its assigned ' ECOLOGY grant officer. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. 8. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION The RECIPIENT must develop an inventory control system, including physical inventory to ' document the ongoing use, a serial or vehicle identification number (VIN) and location of the equipment. The inventory shall be submitted to the DEPARTMENT annually while the equipment is in use. The RECIPIENT shall investigate, document, and report to the ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. The RECIPIENT shall submit a written request to the ECOLOGY for any intent to change ' the use of the equipment as outlined in this grant agreement, including uses past the expiration date of this agreement. Disposition of the equipment shall be determined by the ECOLOGY and documented in writing. A copy of the determination will be provided to the ' RECIPIENT upon expiration of the grant agreement. ® The ECOLOGY may authorize the RECIPIENT to: o If the equipment is necessary for the continued operation of the project or , other projects administered through ECOLOGY, the grant officer may instruct the recipient to retain the equipment with no further compensation to Ecology. o If the project has no further significant use for the equipment, the grant officer , may instruct the recipient to retain or sell the equipment and pay Ecology; amount equal to ECOLOGY's share of the current fair market value, sale proceeds or other price agreed upon by the grant officer. ' o The grant officer may instruct the recipient to transfer title to Ecology or to a third party named by Ecology who is eligible under existing statutes. 9. TASK INCOME Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY'S Administrative Requirements for Ecology Grants and Loans, Ecology Publication#91-18 ' (Revised September 2005). 10. ALL WRITINGS CONTAINED HEREIN t CPG Grant Template 12 11/19/09 Grant No G1000XXX City of Kent This agreement, including the "General Terms and Conditions,"the latest approved Spending - Plan, Program Guidelines—Coordinated Prevention Grants 2010-2011, and ECOLOGY'S Administrative Requirements for Ecology Grants and Loans, Ecology Publication#91-18 (Revised September 2005), contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement. 11. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological or cultural resources. RECIPIENT shall immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at(360) 586-3065. Applicability of the National Historic Preservation Act(NHPA)may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). 12. PRECEDENCE In the event of inconsistency in this agreement,the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) Scope of Work and most current approved Spending Plan; (c) Special Terms and Conditions; (d) Coordinated Prevention Grant Program Guidelines (e) any terms incorporated herein by reference including the Administrative Requirements for Ecology Grants and Loans, Ecology Publication#91-18 (Revised September 2005); and (f) the General Terms and Conditions (SS-010 Rev. 04/04). Part 5: GENERAL TERMS AND CONDITIONS: Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04 A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. CPG Grant Template 13 11/19/09 Grant No.G I000XXX City of Kent D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,regulations and permits. Prior to commencement of any construction,the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, , regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three CPG Grant Template 14 11/19/09 Grant No. G1000XXX City of Kent years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records,the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments&Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this docutnent shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. CPG Grant Template 15 1111W09 Grant No.G 1000XXX City of Kent 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-tive(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIEN'r's petformance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s)charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models,photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.I above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing CPG Grant Template 16 i 1/19/09 Grant No.GI000XXX City of Kent contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work,the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property,the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT;present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Fumished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of]and/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. CPG Grant Template 17 11/19/09 Grant No G1000XXX City of Kent 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment,property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale,lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy,and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainability.. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work, In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent(12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient fiords as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such tennination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the CPO Grant Template 18 11/19/09 Grant No.G1000XXX City of Kent Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder,the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e)the General Terms and Conditions. IN WITNESS WHEREOF, the parties sign this Agreement: STATE OF WASHINGTON CITY OF KENT DEPARTMENT OF ECOLOGY CPG Grant Template 19 11/19/09 i Grant No G 1000XXX City of Kent Laurie G.Davies Date Signatory Date Program Manager Waste 2 Resources Printed Name and Title of Signatory Approved as to form only Assistant Attorney General l ,i i i i CPG Grant Template 20 11/19/09 Fa,L 'y,'i ,arF i M� f� Ol 46 Co CL In vN pp Y-'-m� - �.�"�•� ;I,ai gip, O of LU fa` MCA 3 ���'-'�„�.,;�, +, '~�4j'„- .d M cr 15 C. 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O u) -`,lV '1_ ` -Fi m a" CI= OQJ a q CL a z Ln sc m Cf L J q a; a ZZ AV m o O:E to Qj o!LI sn tJ H " - iq U _V1 ' u yv v•'.,,C7:. `f6 curo 7 Ll "a�c s c > t6 , is t0 s. O 3 =V} W " rA of L6 lD - W - ri w 'U w Kent City Council Meeting Date February 16, 2010 Category Consent Calendar - 6L 1. SUBJECT: KING COUNTY WASTE REDUCTION AND RECYCLING GRANT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to accept the $162,980 Waste Reduction and Recycling (WRR) Grant for 2010/2011, upon terms and i conditions acceptable to the City Attorney, accept the funds, amend the budget, ■ and authorize expenditure of grant funds. The King County WRR Grant funds will be used to support special recycling events for residents and businesses for the collection of hard-to-recycle materials, and to purchase, distribute, and promote products made from recycled materials, including compost bins and rain barrels. t 3. EXHIBITS: Memo dated 1/20/10 and Interlocal Agreement for 2010-2011 1 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte P E , Public Works Director Phone 253-856-5500 KENT Fax 253-856-6500 Address, 220 Fourth Avenue S. Kent, WA 98032-5895 i Date: January 20, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 1, 2010 From: Mike Mactutis, P.E , Environmental Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: King County Solid Waste Division Waste Reduction and Recycling Grant (WRR) Motion: Move to recommend Council authorize the Mayor to accept the $162,980 Waste Reduction and Recycling Grant for 2010/2011. Summary: The King County WRR Grant funds special recycling events for residents and businesses to collect hard-to-recycle materials, purchase, distribute and promote products made from recycled materials, including compost bins, rain barrels, and provide assistance and recognition to the commercial sector to increase waste diversion and recycling. Budget Impact: The City will receive $162,980 over a two year period. No matching funds are required. CONTRACT# D39900D INTERLOCAL AGREEMENT FOR 2010-2011 Between KING COUNTY and the CITY OF KENT This two-year Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a political subdivision of the State of Washington, and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This Agreement has been authorized by the legislative body of each party as designated below: King 5 Count y Ordinance No. 16717 City PREAMBLE King County and the City of Kent adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and direction. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this agreement as Exhibit B. Grant funding for this prograin is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Kent by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. t U. RESPONSIBILITIES OF THE PARTIES The responsibilities of the parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2010 shall not exceed $81,490. The City understands that even though this agreement is two years in duration, funding for this program is subject to the yearly budget approval process of the King County Council. 2. This agreement provides for distribution of 2010 and 2011 grant funds to the City. However, 2011 funds are not available until January 1, 2011, and 2011 funding is contingent upon King County Council approval of the 2011 King County budget. 3. During the two year grant program, the City will submit a minimum of two, but no more than eight, progress reports to the County in a form approved by the County Reports must be signed by a city official These reports will include. a) a description of each activity accomplished pertaining to the scope of work; and b) reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepared by the city's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of eight (8)progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on the last day of the month following the end of each quarter -April 30, July 30, October 31, January 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2012. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on January 31, 2011 and March 31, 2012. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5tt, working day of January 2011 and January 2012, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 3. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work The final report is due within six months of completion of the project(s) outlined in the scope of work, but no later than June 30, 2012. 2 4, If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 5. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the perforinance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting 1 process. 6. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16 7. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12 18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 8. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 9. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County and,lor by federal or state officials as so authorized by law 10. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2012. 3 11. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and/or"text provided courtesy of King County Solid Waste Division." 12. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. 13. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 14. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 15. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process and that provision of funds for these events is not guaranteed for the second year of the grant program. 16. This project shall be administered by the City's Recycling Coordinator at: 220 4th Ave. South, Kent, WA 98032-5895; TEL - (253) 856-5549; FAX—(253) 856-6500, Email— ghungerford@cUent.wa.us, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of$5,000 per year with the balance of funds to be allocated according to the city's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than$10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. 4 The City of Kent`s budgeted grant funds for 2010 are $81,490. Unspent 2010 funds may be carried over to 2011, but 2011 funds will not carry over to 2012. The City of Kent`s estimated grant funds for 2011 are $81,490. 2011 funds are not available until January 1, 2011, and 2011 funding is contingent upon King County Council approval of the 2011 King County budget. Following approval of the 2011 King County budget, the County's grant program administrator will notify the city of the final 2011 grant funding. 2. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e , do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 3. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a mimmurn, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or"text provided courtesy of the City of Kent". 4. The County retains the right to share the written material(s)produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 5. The waste reduction and recycling grant program shall be administered by Morgan John, a Project Manager, or designee, to be specified by the King County Solid Waste Division. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2010 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2010 and shall terminate on June 30, 2012 The City shall not incur any new charges after December 31, 2011. However, if execution by either party does not occur until after January 1, 2010, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2010 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section 11 A of the Agreement. 5 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice B. This Agreement may be terminated by either party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice Reasons for termination for cause may include but not be limited to: nonperformance, misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section lI A 3. and Section II.A.4. ' C. If the Agreement is terminated as provided in this section, (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. I). Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or Iaw that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. V. AMENDMENTS This Agreement may be amended only by written agreement of both parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the County arising out of or incident to the City's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. 6 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage, If the policy has an aggregate limit, a$2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements,a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACTIWAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 1 7 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if 1 sent to the King County Solid Waste Division and the City at the addresses provided below. Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: , Ms. Gina Hungerford, Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98032-5895 IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: CCi King County Accepted for King County Executive I BY (Title) Theresa Jennings, Director Department of Natural Resources and Parks For Dow Constantine, King County Executive Date Date 4 Pursuant to Pursuant to Ordinance No 16717 Approved as to form: Approved as to form. City Attorney King County Prosecuting Attorney , Date Date 8 Exhibit A King County Waste Reduction and Recycling Grant Program City of Kent 2010/11 Scope of Work A. Basic Information 1. City of Kent j2. Grant project manager: Ms. Gina Hungerford Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98032-5895 TEL - (253) 856-5549 FAX - (253) 856-6500 Email—ghungerford@ci.kent.wa.us 3. Consultant name: Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle, WA 98116 TEL - (206) 938-8262 FAX - (206) 938-9873 Email —pauldevine@msn.com 4. Budget: 2010 $811490.00 2011 $81,490.00 2010/2011 total: $162,980.00 B. Scope of Work Task One: Recycling Collection Events A. Schedule - Spring and Fall, 2010/11 B. Task Activities • Total Number of Recycling Collection Events—Four • Appliances • Refrigerators and Freezers • Ferrous Metals • Non-ferrous Metals 1 • Concrete, Asphalt, Rock, and Brick** • Tires • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Used Motor Oil • Used Motor Oil Filters • Used Antifreeze • Used Petroleum Based Products • Paper Shredding** • Electronic Equipment • Computer Monitors++ • TV Sets++ • Bulky Yard Debris* • Scrap Wood* • Mattresses • Styrofoam *Collected in the spring ** Collected in the fall +User fees apply ++City may not collect and refer residents to E-Cycle sites • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods • This event will be coordinated with King County and flyers will be sent to King County Solid Waste Division, and Kent households. • By distributing a promotional flyer through direct mailings. • By notices in City newsletters (whenever possible) • By posting a notice at City Hall and on the City cable channel and City web site (if available). • By publicizing the event through the King County Solid Waste Division Promotional Activities. C) Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Event comments • Graphic or tabular comparison of 2010/11 volumes and vehicles with prior year's events 2 D)Task Budget: $14,400.00 Budget Catagory 2DI0111 2010 2010 2010 2011 TOTAL WRR LHWMP CPG WRR WRR City Staff Costs $0 00 $1,500.00 $3,000.00 $0.00 $0,00 $4,500M Contractor/Staffing Costs $4,000.00 $8,659.91 $5,100.00 $2,000.00 $2,000 00 $17,759.91 Event Staff Costs $0.00 $1,760.00 $4,400.00 $0 00 $0 00 $6,160,00 Collection/Hauling Costs $0,00 Wood Waste $800.00 $0.00 $900.00 $400.00 $400.00 $1,700.00 Scrap Metal,Appliances,etc. $2,400.00 $0.00 $4,300.00 $1,200.00 $1,200.00 $6,700.00 Concrete $800.00 $0.00 $900.00 $400.00 $400 00 $1,700.00 Paper Shredding $0.00 $0.00 $0.00 $0.00 $O.DD $0.00 Tires $1,000.00 $0.00 $900.00 $500.00 $500.00 $1,900.00 Mattreses $1,200 DO $0.00 $0.00 $600.00 $600.00 $1,200.00 Styrofoam $1,200.00 $0.00 $0 00 $600.00 $600.00R$3,38i,73 200.00 Used Oil/Antifreeze/etc. $0.00 $2,600.00 $0.00 $0.00 $0.00 600.00 Batteries $0.00 $1,200.00 $0.00 $0.00 $0.00 200.00 Pnnting/Mailing $0.00 $7,000 00 $9,000.00 $0.00 $0.00 ,000.00 Event Supplies $1,000.00 $700.00 $0.00 $500.00 $500 00700 00 Other Expenses-rentals,etc $2,000 00 $1,381.73 $0.00 $1,000.04 $1,000 OD TOTALS 1 $14,400 00 $24,801.641 $28,500 00 1 $7,200 00 1 $7,200.00 1 $67,701.64 NOTE: Hourly rates for consultants are as follows Project Manager-$70 00 and Event Staff-$55 00 E) Task Performance Objectives: The City plans to send out approximately 40,000 promotional flyers to Kent households per event and publicize the events through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 180-200 tons of material from the local waste stream per year. jThe benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. The event will also provide an opportunity to recycle moderate risk waste. The King County Health Department and Washington State Department of Ecology may pay for event expenses as well. F) Task Impact Objectives. By hosting Recycling Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill The City of Kent has a population of roughly 88,500. The City expects, based on past events, that 1,800-2,200 households will actively participate each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 180-200 tons of material diverted from the local waste stream for recycling each year. In addition to diverting materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City and King County recycling programs The educational materials can enhance the knowledge of residents and improve behavior in purchase, handling, and disposal of recyclable materials. 3 Task Two: Business Recycling Program A) Task Schedule: 2016111 B) Task Activities: Through continued recycling assistance to businesses, the City will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the commercial sector. Program Activities: 1)Kent Business Information Prepare, print, and coordinate distribution of a Kent Business Recycling Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses three times a year. 2) Kent Business Collection Events • Total Number of Business Recycling Events—Two • Task Description - The City will implement two Business Recycling Events. The events will be held on a summer weekday at a central location in Kent. • Materials to be collected: • Clean Scrap Wood/Pallets • Electronic/Computer Equipment • Computer Monitors++- • TV Sets--F- • Refrigerators and Freezers+ • Office Recyclables/Cardboard • Toner Cartridges • Cellular phones • Plastics • Other materials if feasible +User fees apply ++City may not collect and refer businesses to E-Cycle sites • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods: • By distributing a promotional flyer through direct mailings. • By notices in City/community newsletters/and local newspapers (whenever possible) 4 i • By posting a notice at City Hall and on the City cable channel (if available). • By publicizing the event through the King County Solid Waste Division Promotional Activities. • Task evaluation. Event reports will include; • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Graphic or tabular comparison of 2010/11 volumes and vehicles with prior year's events 3) Kent Business Assistance To provide business recycling assistance to City businesses, the City will customize 1 the King County Tool Kit with City information and send a City Tool Kit to all new Kent businesses each year with intro letter and offer of on-site visit. In the Tool Kit, the City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler In addition, the City will provide assistance to City businesses on an on-call basis. 4) Kent Business Recognition To provide Kent businesses with motivation to recycle, the City will implement the Kent Green Business of the Year Award. The City will work with the Kent Chamber of Commerce and past program information to seek out businesses that t have put in place outstanding recycling programs and award up to three City businesses with awards. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. r r 5 i C)Task Budget- $61,480.00 Business Budget Category 2010 2011 2010111 Cost Cost Total Promotional insertsiflyers Production and Graphics $2,000.00 $2,000.00 $4,000 00 Printing costs $2,000,00 $2,000.00 $4,000.00 Sorting/Mailing costs $1,600.00 $1,600.00 $3,200.00 Business Collection Event Consultant staff $1,500.00 $1,50000 $3,000.00 Project Vendors $800.00 $800.00 $1,600,00 Event Promotion $500.00 $500.00 $1,000.00 Other Costs $150.00 $150.00 $300.00 Business Assistance To include: Educational material distribution $10,500.00 $10,500.00 $21,000.00 Business consultations reports $1,500.00 $1,500.00 $3,000.00 Follow-up calls to businesses $4,340.00 $4,340.00 $8,680.00 Program Promotion $500.00 $500.00 $1,000.00 Business Recognition Program Planning/Implemention $1,500.00 $1,500.00 $3,000.00 Program Promotion $1,000 00 $1,000.00 $2,000.00 Other Costs $350 00 $350.00 $700.00 Business Web Site Web Site Assistance 2,500.00 $2,500 00 5,000.00 TOTALS $30,740.00 $30,746.00 $61,4 to 0 The business program will be funded primarily with use of King County WRR grant funds but the Business Recycling Collection Event will be funded with King County WRR grant funds and WA State DOE CPG funds Hourly rates for consultants are as follows:Project Manager-$70 00 and Event Staff-$55 00 D) Task Performance Objectives: 1) The Kent Business Recycling Newsletter will be sent to all Kent businesses three times a year. With regular information on recycling, City businesses will be able to take advantage of mew recycling services and divert more materials from the Kent waste stream 2) The City plans to send out approximately 3,600 promotional flyers to Kent businesses per event and publicize the event through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 45-55 tons of material from the Kent businesses waste stream over a two-year period The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling 3) Kent Business Assistance will provide new and existing City businesses with information and technical assistance on recycling and waste prevention Consultant staff will include the information as requested in the King County business database. Summary program evaluation will include- the number of contacts made to businesses and their response rates to the offer of recycling technical assistance; the number of businesses receiving information; and the number of businesses beguming or expanding recycling activities. 6 4) Kent Green Business of the Year Award will provide Kent businesses with motivation to recycle by recognizing a Kent business(s) that have put in place outstanding recycling programs. The purpose of the awards program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. E) Task Impact Objectives: By providing information, web site assistance, technical assistance, and hosting Business Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has an employee population of roughly 65,000. The City expects that 135-155 businesses will actively participate in the Business Collection Event each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 45-55 tons of material from the Kent businesses waste stream over a two- year period. In addition to diverting materials from the City waste stream, providing information to Kent business at events provides an opportunity to distribute educational material on City and King County recycling programs The technical assistance, web site assistance, recognition, educational materials can enhance the knowledge of business and improve behavior in the purchase, handling, set-up, and disposal of recyclable materials. Task Three: Kent Multifamily Recycling Program A) Task Schedule: 2010/11 B) Task Activities: The task will include promoting waste reduction, participation in Kent multifamily 1 residential collection programs for recyclabies, distributing multifamily signs and bags, and promoting the purchase of recycled products by working with multifamily residents and property owners/managers. The City will• • Distribute multifamily educational brochures through direct mailings, City events, and door-to-door delivery • Distribute multifamily signs for use at multifamily complexes for proper recycling of materials. • Providing on-site waste consultations and follow-up assistance. • Distribute multifamily educational brochures in Spanish and Russian through direct mailings, Recycling City events, and door-to-door delivery- 7 C) Task Budget: $17,600.00 Multifamily Budget Category 2010 Cost 2011 Cost 2010111 Total Provide Assistance and Follow-up 7,000.OD 7,000.00 14,000.00 Web Site Assistance 32,000.00 Program Promotion 800.OD 800.00 1,600.00 TOTAL 8,800.OD 8,800.00 17,600.00 The business program will be funded with use of King County WRR grant funds. Hourly rates for consultants are as follows Project Manager-$70 00 and Event Staff-$55.00. D)Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent by collection of more recyclable material in the City's multifamily sector. The City will continue to promote recycling in the Kent multifamily community by distributing educational brochures, signs, and recycling totes to multifamily managers and tenants. As City residents better manage their waste and recycle more, less recyclable material will end up in local landfills This program will help the City of Kent reach its recycling goals. Kent multifamily web site enhancements and service will provide Kent multifamily owners and managers with tools to recycle by making the information easy to access and convenient to use. The program will also help reduce paper, as more recycling information will be in an electronic format. E) Task Impact Objectives: With program promotion and technical assistance and web site assistance, Kent multifamily residents will have better knowledge of recycling. Recycling service to Kent multifamily properties is provided with garbage service and assistance will be provided on how to better use the service. By recycling more, City multifamily properties can reduce the amount of material ending up in the local landfill. Task Four: Compost Bin Distribution A)Task Schedule• Spring, 2010/11 B) Task Activities: • Total Number of Compost Bin Sales —Two • Task Description - The City will implement two backyard compost bin distribution events in conjunction with the Kent Recycling Collection Events. The City will• • Distribute subsidized backyard compost bins and educational materials on grasscycling and backyard composting to Kent. Residents will be charged a user fee for bins of$20.00. • Promote the program through the City of Kent website and event flyers. • Purchase and distribute approximately 360 backyard compost bins • Purchase and distribute up to 360 educational booklets on backyard composting 8 C) Task Budget. $18,500.00 ESTIMATED COSTS 2010 Cost 2010 Cost 2010111 Total Staff Cost $450. 00 $450.00 $900.00 Admnistration and Supplies $250.00 $250.00 $500.00 Consultant and Contractor Services $3,650.00 $3,650.00 $7,300.00 Compost Bins $8,500.00 $8,500.00 $17,000.00 Estimated Bin Income-180 bins @$20 eac -$3,600.00 -$3,600.00 -$7,200.00 Total 1 $9,250.00 1 $9,250.00 1 $18,500.00 Hourly rates for consultants are as follows Project Manager - $70 00 and Event Staff - $55 00 D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. Backyard composting extends the life of landfills and reduces stress on local composting facilities This program should result in greater resource efficiency, as it will encourage City residents to manage their yard debris on their own properties and to reuse the composted materials to their gardens. E)Task Impact Objectives: As a result of the Compost Bin Sale, the City of Kent will: • Reduce the residential waste stream by up an estimated 95 tons of yard debris annually or 950 tons in the next ten years. • The City will monitor the program by reporting the following: -Number of backyard compost bins distributed. -The estimated amount of yard debris diverted. In addition to diverting compostable materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City recycling programs 1 and yard debris reduction programs in King County. The educational materials can enhance the knowledge of residents and improve behavior in purchasing products, practices, and disposal of yard debris. Task Five: Purchase Products Made From Recycled Materials A) Task Schedule: 2010/11 B) Task Activities: IIn order to support the recycling industry and close the recycling loop, the City would like to purchase products made from recycled materials. Doing so will support recycling collection programs and help ensure the success of the recycling industry. The City will support recycling programs by purchasing recycle content rain barrels and other items for distribution. The rain barrels weigh approximately 40-50 pounds each and divert roughly twice that amount of plastic material from the waste stream when produced. The City will sell the rain barrels at City Recycling Collection Events in 2010 and 2011. It is expected that the City will purchase and distribute 400 recycled content rain barrels over the two- year period. The City will sell the bins for$35-$40 each. 9 C) Task Budget: $38,640.00 Recycled Product Purchase 2010 Cost 2011 Cost 2010J11 Total Recycled Content Products $26,320.00 $26,320.00 $52,640.00 Estimated Bin Income-200 bins @$35 each -$7,000.00 $7,000.00 -$14,000.00 TOTAL $19,320.00 $19,320.00 $38,640,00 D)Task Performance and Impact Objectives: The goal of this program is to help ensure the success of the recycling industry by adding to the demand for products made from recycled materials. By purchasing products made from recycled content, the City will divert recyclable material from the waste stream. The City will distribute the rain barrels to City residents to help promote recycled products. The City will promote the rain barrel sale the City Recycling Collection Event flyer The additional benefits of the rain barrels are that they will help reduce household water consumption and reuse natural rainwater. It is expected that after installation the rain barrels will continue to conserve water resources for many years. Task Six: Christmas Tree Collection and Recycling A)Task Schedule: Winter, 2010/11 B) Task Activities: • Task Description - The City will provide collection of Christmas trees in the City for residents just after the Christmas holiday The City plans to provide City residents with four to six tree collection days. The City will: • Provide collection of Christmas trees from Kent residents. • Promote the program through City of Kent newsletters, flyer to all residents and local papers • Recycle collected trees C) Task Budget: $8,000.00 ESTIMATED COSTS 2010 Cost 2011 Cost 2010111 Total Supplies/equipment $2,600.00 $2,500.00 $5,000.00 Project Staffing $1,500.00 $1,500.00 $3,000.00 Total $4,000.00 $4,000.00 $8,000.00 D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent By providing Christmas tree collection and recycling, the City can divert this material from the waste stream. This activity will extend the life of the local landfill. This program should result in greater resource efficiency, as it will encourage City residents to recycle their Christmas trees rather than disposing of them in their garbage or at the local transfer station 10 E) Task Impact Objectives: As a result of the Christmas Tree Collection and Recycling Program, the City of Kent will reduce the residential waste stream. The City will monitor the program by reporting the following: -Number of Christmas trees collected. -The estimated amount of material diverted from the waste stream. Task Seven: Grant Administration The City will work with OER to administrate this Scope of Work. OER will 1 • Track project expenses; • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work; • Prepare reports for the grant program; and • Prepare final report. Task Budget: $4,540.00 King County WRR Grant 2010 2011 2010111 Total 1. Program Management $1,520.00 $1,520.00 $3,040.00 1 2. Project Expenses a. Mileage $250.00 $250.00 $500.00 b.Supplies $500,00 $500.00 $1,000.00 TOTAL $2,270.00 $2,270.00 $4,540.00 t 1 i 1 I1 t t M�A Insurance Authority P O how 88wo rukkvlla. W'A 98138 05-Jan-10 Cert#: 6539 Phone 20b•57-;-6046 King County Solid Waste Division Attn: John Morgan Fax 206-375-7426 201 South Jackson St., Ste. 701 Seattle, WA 98104-3855 RE: City of Kent King County Waste Reduction & Recycling Grant Program 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 130 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 IrnterlocaI Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured". Sincerely, en Z-, Eiic B. Larson Deputy Director cc: Christopher Hills Gina Hungerford detw i Kent City Council Meeting Date February 16, 2010 Category Consent Calendar - 6M 1. SUBJECT: CONTRACT FOR WASTE REDUCTION AND RECYCLING ACTIVITIES AND PROGRAMS - AUTHORIZE I2. SUMMARY STATEMENT: Authorize the Mayor to sign the Olympic Environmental Resources (OER) Contract for Waste Reduction and Recycling Activities and Programs for 2010 in the amount of $63,745, subject to terms and conditions acceptable to the City Attorney and Public Works Director. OER will assist with organizing and implementing the City of Kent's Waste Reduction and Recycling Programs, and selling compost bins, and organizing outreach to benefit the citizens and businesses of Kent. The consultant contract is funded entirely through three grants. 3. EXHIBITS: Memo dated 1/20/10 and Consultant Services Contract 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: 1 PUBLIC WORKS DEPARTMENT Timothy ] LaPorte P E , Public Works Director • Phone 253-856-5500 KENT Fax 253-856-6S00 WASHI"GT"N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 20, 2010 ' To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 1, 2010 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Contract — Olympic Environmental Resources Motion: Move to recommend Council authorize the Mayor to sign the Olympic Environmental Resources Contract Agreement for Waste Reduction and Recycling Activities and Programs for 2010 in the amount of $63,745, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: Olympic Environmental Resources (OER) will assist with organizing and implementing the City of Kent's Waste Reduction and Recycling Programs. This ' includes Special Recycling and Collection events for residents and businesses. OER ' will also assist with the sale of compost bin sales and outreach to benefit the citizens and businesses of Kent. Budget Impact: I No Budget Impact. The Consultant Contract is funded entirely through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. i KENT wAsI I.I , CONSULTANT SERVICES AGREEMENT between the City of Kent and Olympic Environmental Resources THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Olympic Environmental Resources organized under the laws of the State of Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206) 938-8262/Fax: (206) 938-9873, Contact. Paul Devine (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall organize two recycling collection events (Spring and Fall), promote business and residential recycling, organize a Spring compost bin and rain barrel sale, and provide grant administration. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. ' Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Three Thousand, Seven Hundred Forty Five Dollars ($63,745.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as i delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of t an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and 1 incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or , relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the , date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (tale) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: ' Paul Devine Timothy J. LaPorte, P.E. Olympic Environmental Resources City of Kent 4715 SW Walker Street 220 Fourth Avenue South Seattle, WA 98116 Kent, WA 98032 (206) 938-8262 (telephone) (253) 856-5500 (telephone) (206) 938-9873 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department OER-2010 ReryU1n9/Hw9erford CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) i 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. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: r EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ' ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. L2. 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. 1 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity i Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. , By: i For: Title: Date: r I 1 t 1 EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 2010 Proposed Scope of Work City of Kent 2010 Recycling Collection Events, Business Recycling Program, Residential Recycling Program, and Grant Administration PRIME CONTRACTOR Olympic Environmental Resources (OER) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 ' Fax: (206) 938-9873 Email: pauldevine@msn.com TASK 1: Recycling Collection Events OER will organize two (spring and fall) citywide collection and recycling events in the City of Kent. A) Materials to be collected and recycled: ■ Appliances+ ■ Refrigerators and Freezers+ • Ferrous Metals • Non-ferrous Metals ■ Scrap Wood* ■ Bulky Yard Debris* ■ Concrete, Asphalt, Rock, and Brick** • Tires+ • Lead Acid Batteries ■ Household Batteries • Porcelain Toilets and Sinks+ ■ Propane Tanks+ ■ Cardboard • Reusable Household Goods ■ Textiles ■ Motor Oil ■ Motor Oil Filters ■ Antifreeze • Petroleum Based Products ■ Paper Shredding** ■ Computer Equipment++ ■ Electronic Equipment/Cell Phones • TV Sets++ • Mattresses • Styrofoam +User fees apply ++ City may not collect and refer residents to E-Cycle sites *Collected in the spring ** Collected in the fall 1 B)The following educational materials will be distributed at the events: ' ■ Information on City of Kent waste reduction and recycling programs ■ Information on the Local Hazardous Waste Management Programs Event Participants , These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county-sponsored events to avoid overlap of service. No flatbeds or large dump trucks allowed. OER reserves the right to refuse oversized, commercial, or contaminated loads. ' Event Promotion Event promotion will be accomplished in the following ways: ■ Distribution of a promotional flyer through direct mailings • Articles in the City newsletter publicizing events ' ■ Publicizing the events through the King County Solid Waste Division ■ Publicizing the events on the City's cable channel and website Project Evaluation The following measures will be used to evaluate the completion and success of the events: ■ Number of vehicles attending • Volume of each material collected • Event cost by budget category • Comparison of 2010 volumes and vehicles with prior year's events Timeline Tentative Event bates—March and October, 2010 January/August 2010 , Event planning Work with City on finalizing event date Schedule vendor services , February/September 2010 Schedule vendor services Work with City on event flyer Arrange for the printing, sorting, and mailing of flyer March/October 2010 Finalize planning Prepare site map Arrange event staff Work with City on available City services Arrange event equipment Arrange event deliveries Hold event April/November 2010 Prepare project reports Assist City in reimbursement process r TASK 2: Business Recycling Program OER will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the Kent commercial sector. Program Activities: 1) Kent Business Recycling Newsletter Prepare and coordinate distribution of Kent Business Recycling Newsletters to all Kent businesses. The newsletter will be sent to Kent businesses two or three times in 2010. 2) Kent Business Collection Event OER will implement one Business Recycling Event in 2010. The event will be held on a summer Wednesday or Thursday at a central location in Kent (Russell Road Park). Materials to be collected: • Clean Scrap Wood/Pallets • Electronic/Computer Equipment • Computer Monitors++ • TV Sets++ • Refrigerators and Freezers+ • Office Recyclables/Cardboard • Toner Cartridges • Cellular phones • Plastics • Other materials if feasible +User fees apply ++City may not collect and refer businesses to E-Cycle sites The following educational materials will be distributed at the event: ■ Information on City Recycling Programs ■ Educational Materials produced by King County Department of Natural Resources and local Hazardous Waste Management Program I ■ Other educational materials as appropriate Event Promotional Methods ' ■ Distributing a promotional flyer through direct mailings ■ Notices in City/community newsletters/and local newspapers (whenever possible) ■ Posting a notice at City Hall, on the City cable channel, and website (if available) I ■ Publicizing the event through the King County Solid Waste Division Promotional Activities Event Participants This event is intended for the businesses in Kent. Some restrictions on the amount of material may apply. OER reserves the right to refuse contaminated loads. Event Evaluation ■ Number of vehicles attending ■ Volume of each material collected ■ Event cost by budget category ■ Graphic or tabular comparison of 2010 volumes and vehicles with prior year's events 3) Kent Business Assistance To provide business recycling assistance to Kent businesses, OER staff will send a Business Recycling Tool Kit to all new Kent businesses expressing interest in receiving it with an introduction letter and offer of on-site visit. OER will provide assistance to City businesses on an on-call basis. OER will track assistance to City businesses as required by King County. OER staff will promote the website www.kentrecycles.com as a means to communicate with businesses and property managers regarding waste reduction and recycling. 4) Kent Business Recognition To provide Kent businesses with motivation to prevent waste and recycle, OER will manage the Kent Green , Business of the Year Award. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to waste reduction, recycling, and the use of recycled-content products. As feasible, OER will promote the winner's, and other outstanding applicants, programs as examples for other Kent , businesses to model. 5) Business Website Assistance In 2010, OER will respond to inquiries from City businesses from visits to the City's recycling website. In addition, all information and links posted to the site will be verified and updated as necessary. TASK 3: Multifamily Recycling Program OER will promote waste reduction and enhanced recycling programs through the following program efforts with multifamily residents and property owners and managers: ■ Distribute the City's brochure: Kent's Simple Guide to Recycling for Multifamily Residents multifamily educational brochures through direct mailings, special City events, and door-to-door delivery , ■ Provide on-site waste consultations and follow-up assistance • Respond to inquiries from multifamily communities • Work with city-contracted haulers to cross-promote recycling information ' Project Goals and Obiectives ■ Promote multifamily participation in Kent recycling services ■ Promote cost-effective handling of the multifamily waste stream • Promote the purchase of recycled products to the multifamily sector • Promote use of www.KentRecycles.com. Project Evaluation OER will monitor the success of the program by reporting the following: ■ Number of educational materials distributed • Number of multifamily communities that received technical assistance , • Increase in the number of multifamily buildings participating in collection service of recyclables TASK 4: Spring Compost Bin and Rain Barrel Sale OER will organize a spring compost bin/rain barrel sale at the direction of the City. OER will bundle other City clients and solicit bids for the compost bins and rain barrels. OER will arrange to have the compost bins and rain barrels delivered to the City Shops. OER will implement one backyard compost bin sale accompanied by educational outreach/technical assistance on backyard composting and rain barrel use. The sale will be advertised in the Kent Spring Recycling Collection Event flyer sent to all Kent households. At the event, OER will sell the compost bins for $20 each and the rain barrels for $35 each and bill the remaining cost to the City. Each compost bin will include the educational manual, "Home Composting Made Easy" on grasscycimg and backyard composting.The rain barrels will include instructions on proper set-up and use. TASK 5: Grant Administration OER will work with the City to provide grant administration and project reports for this Scope of Work. OER will: ■ Track project expenses • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work ' ■ Prepare reports for the grant program • Prepare final reports as required by recycling program grants OER is available to implement additional projects at the direction of the City. r i i i i i O S O O O O O O O O O S S O O S g Oo p Oo O S O o O O0 S S 9 e o a o o 0 o e eN d o 0 0 d o a d o o d d o 0 o N Q o o Q O O N N y q O S O M b O N d h N Or M N O O W N n Q h h h P n H M M M N t9 M Yr N V. N w w w "u{ ."�• "u3f y w h H H Tn"' in y N w �+ w w w. � �'' w w w „o � S ,c c c d N o S oo S o c v o 0 0 00 0 o v i N yN� w N N w N N O N N N N N h VNf W N � H N VNi U1 bNl INI, rw/r K VI N Y 05 O OFl O O 0 cp }wVI Q. O O O O O p S O O O O O O S S O � O O N d O O O O O O O O O O p S H S O O G y O wM M nO O O e a O O O Ow r/r ^ U '" w la H "vi M 'w w •'n w � h w vN. �n "J, u y e o 0 o e o 0 0 0 0 0 0 o a o 0 0 0 o eo 0 o e e o o e e e o 0 0 0 0 0 o O o 0 Y O O y O INI. V V O O N t� N N O O N O g O O N a a m o U 0 0 No c a oo c o 0 00 0 0 0 o e o o e _ 0 0 0 a o e `r F h gi ."� riMi Ynr w » "u; �i N r"/' m rn yr N » Fn h w w"'• w in h w o ° 0 0 m c c w U c w 9 9 g IL Yf N V F F 4 S_ w to 4 N f GC w RI 0.1 W N f vi F 4 4 v. F .v 6 0. N f Kent City Council Meeting Date February 16, 2010 ' Category Consent Calendar - 6N 1. SUBJECT: KRUEGER SHORT PLAT BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Krueger Short Plat, located at 23423 112th Ave. SE, for 2 sanitary sewer manholes; 255 linear feet of sanitary sewer line; 224 linear feet of new street; 224 linear feet of frontage improvements; 2 catch basins; and 206 linear feet of storm sewer line. f 1 1 t 3. EXHIBITS: Bill of Sale t4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) r5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: i ' MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: UU._11km 05P)C)r1t4 i 220 - 4TH AVENUE SOUTH KENT ' WASH 1 N o r Q N KENT, WASHINGTON 98032 Project: K9oCGCP% S14ORT FPS-k-r Permit #: Z0(00_707 Location: 2-a`IL3 I1Zrl-* />Vt= St Its i Parcel #: 1727_05 G 307 BILL OF SALE ' CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this I(Or�day of dtsyj.MEC!:L 20 _g _, by and between Roo i"`Pjg Gook At�I D rwE Grr y or- mew' , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: ' That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS• Together with a total of gate valves at $ — each, __0_hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) — Including f linear feet at $ per LF of -" (size &type) waterline. B. SANITARY SEWERS: Together with a total of Z manholes at Z��each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) 15, NoviyM Estik f 0[krN Pw, L_we 55rA4 z. o" Lcr Z Includin �5�'t/- �I g linear feet at $ 1 5 (o 13 per LF of ' (size &type) L sewerline. Bill of Sale 1of5 C. NEW STREETS: ' Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO ' (street easement, etc.) il"L� AVE S� ��Z�Tid P771rrP. LI/i4 +/ S:.t>TN- ?rZC-P. r 1, Including ZZLI ,-/- linear feet at $ `LIDO=2-9 per LF of C.uR4�GLYi TE R (size &type) S' 50!�OAWG Z'1 oJ2- YAlimprovement). , D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances , ON FROM TO (street, easement, etc.) t NbtZTW PROP 1-mirs Say ,4 P'J-rsp. Lltje i Including linear feet at $ per LF of �L-�:� (size &type) W PL4 iJ R(improvement). E. STORM SEWERS: Together with total of manholes at $ each or total of Z catch basins at $ �I � LF of biofiltration swale or drainage ditch with a total cost of , cubic feet of detention pond storage with a total cost of$ and/or any other appurtenances thereto. ' ON FROM TO ' (street, easement, etc.) 5 r� � Nail POA 0 T- 2 n Including Z©CD linear feet at $ ��•'"(Z per LF of l Z (size &type) Zi$3E0 NC, sewerhne. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid, that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2 of 5 ' IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 2— M o u , 20 0 - 9 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this �a3 day of ��'i��' 9� , 20 9_ , before me, the undersigned ANotary Public in and for the State of Washington, duly commissioned and sworn, personally ' appeared __i2 r> 0""ece4��L to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and' purposes therein mentioned.GIVEN under my hand and official seal this�day of 1Mr\1eA\)WV 20 (r Publ[a Notary Publi in and for the State o Notary State of IPiasts4ngtan Washington, residing at i / �,1 1 Crystal M, Lacey a i- !W t E Ira a 09-1g.2010 My Commission Expires: ' Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this 021 day of \iC'YRR���V , 20 _ , before me, the ' undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ooei i;�njoa y- and- to me to be the and- C)Q .Ny M respectively of ' the- -,Q:)-r Vil that executed the foregoing Instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said ' for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public " `�., w v I , asi4iligto" Notary Publi in and for the State of J �tato ���� 10 Washington, residing at ry$tal dill• Ve 6-V i \k A . en:mom Ices o9-+S-�o My Commission Expires: � The Bill of Sale Is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of ' , 20 Bill of Sale 4 of 5 KENT ' WASH INOTON ENGINEER'S CERTIFICATION ' CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for KRVGC,ic R S l+oPX PLAT project ' dated �0vGt-Aez-2 16; ?-C)oq , for the same said I�RUCC3vl� S, t�, project. i r)El G, PA,,is d the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and ' is an employee of (&hJf> hA Su p-\J0 11-4 6 , the firm responsible for the preparation of the record drawings. ice----- Signa rut e (Engineer stamp required) -4 G. Oq��°�vrns�rq, J' c y 1 a trn 21484 Bill of Sale 5 of 5 Kent City Council Meeting Date February 16, 2010 Category Consent Calendar - 60 ' 1. SUBJECT: CEDAR POINTE SHORT PLAT BILL OF SALE - ACCEPT ' 2. SUMMARY STATEMENT: Accept the Bill of Sale for Cedar Pointe Short Plat, located at 25231 136"' Ave. SE, for 1,240 linear feet of new street; 224 linear feet of frontage improvements; 26 storm catch basins; 148,580 CF of detention pond storage; and 2,792 linear feet of storm 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: Bill of Sale Page] of 3 \ZOe""'0KENT WASHINGTON ' CITY OF KENT MAIL TO ENGINEERING DEPARTMENT JUL2 7 20D9 ATTN 220 4 AVENUE SOUTH ' °NG11 IM0 DEIT KENT,WASHINGT ON 98032 PROJECT. Cedar Pointe LOCATION: SW Y<,SW''/.,22-22-5 ' TAX ACCT NO:222205-9148,222205-9150 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON ' THIS INSTRUMENT made this 24th day of July,2009,by and between Ceder Pointe LLC hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,hermafter called"Grantee": ' WITNESSF,TH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: ' ri ith a total of date valves#$ each, hyd-i ants-at each and ......or ..ti.e ' ON FROM TO (street,esmt,etc) including linear feet at S per r F of E ' (size-"pe) iraterhae— B. SANITARY-SEAVER-S.--deg her-wth a total of manholes-at $ eae'-^-•a ��a;•,y�Itei-appal-tenanee^thereto. ON FROM TO (street,esmt,etc) ' loeluding linear€eet at$ per LF of -(srze.4e type)- sewef uie: C. STBEET Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) SE 252"d/135"SE west terminus SE 252n4 south terminus 135"SE SE 253rd west terminus SE 253rd east terminus SE 253" Including 1240 center line LF at$112 per LF of asphalt w/curb/gutter/sidewalk (type)streets, Feet asphalt roadway. D. STORM SEWERS; Together with a total of N/A manholes at$ each or a total of 26 catch basins at$ 1000 each, N/A LF of bioSltration swale or drainage ditch Pagel of 3 Bill of Sale Bill of Sale Page 2 of 3 with a total cost of , 148.580-CF of detention pond storage with a total cost of S140,400,and/or any other appurtenances thereto. ' ON FROM TO (street,esmt,etc) SE 252"'/135"SE west terminus SE 252d south terminus 135"SE SE 253rd west terminus SE 253`d east terminus SE 253rd 1361"SE north terminus 136'"SE south terminus 1360 SE Public easement RID Pond Discharge to Wetland Including 2792 linear feet at$35 per LF of 12"/15"/18" ' (size&type)PVC storm sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the ' same is ftee from all encumbrances;that all bills for labor and material have been paid;that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. , The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. ' IN WITNESS WIIEREOF,the undersigned has caused this instrument to be executed on this �Cf day of /T 20 n STATE OF WASHINGTON ) )SS COUNTY OF KING ) , On this 'I cf n day of c/a/ci 2001 before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared Randy Goodwin to me known to be a managma member of ' Ceder Pointe LLC described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. q 'GIVEN under my hand and official seal this 41 Z�—day of Sv 1(-/ 20 ,f qCj4W'e M DAIFOC: ' jT ) Notary Public in and for the Sd(tTE k fs SF9k?bTQY State of Washington,residing at .2n% r�TEt�=F.3�2c'Iw"'d My Commission Expires: -p7 STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 20 ,before ' me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me(mown to be the and respectively of the , Page 2 of 3 Bill of Sale ' Bill of Sale Page 3 of 3 that executed the foregoing insh ument,and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath slated that they are authorized to execute the said instrument. ' Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of 20 ' Page 3of3 Bill of Sale • ' KEN T WASHINGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON ' The figures used on the Bill of Sale for the Cedar Pointe project dated July 24, 2009, were ' based on the "As-Built" Engineering Plans dated July 10, 2009, for the same said Cedar Pointe project. Shupe Holmbers, the undersigned P.E. or land surveyor is the person responsible for the ' preparation of the Bill of Sale and is an employee of Baima & Holmberg,Inc., the firm responsible for the preparation of the "As-Built" Engineering Drawings. , Signatur ro ro �O i U 71332 r W 1 ' Kent CityCouncil Meeting 9 Date February 16, 2010 Category Consent Calendar - 6P 1. SUBJECT: COMMAND VEHICLE PURCHASE - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract based on the Washington State Bid, to purchase and equip a new command vehicle not to exceed $74,477. ' The fire department first-line command vehicle, for on-duty Battalion Chiefs, has reached the end of its useful life as a first-line vehicle. Based on the age and mileage of the current command vehicle (apparatus 709), the vehicle is due ' to be reassigned as the reserve command car for on-duty Battalion Chiefs. Additionally, the current reserve command vehicle (apparatus 724) has reached its serviceable life as a reserve command car. The apparatus replacement ' schedule identified apparatus 709 to be replaced in 2008. The Fire District and the City of Kent rotate the purchase of the command vehicle. King County Fire District 37 purchased apparatus 709 and placed the vehicle into service in 2003. After replacement of the first-line command vehicle, apparatus 709 will be moved to reserve status, and the current command vehicle in reserve (apparatus 724), will be moved and reassigned to the Fire Vehicle Maintenance Facility, at which time, the current Vehicle Maintenance Facility support vehicle (apparatus 700), will be surplused. The rotation of command cars from first line, to reserve, to the Vehicle Maintenance Facility, follows a previously established rotation of command cars. ' 3. EXHIBITS: State Bid Specification Sheet ' 4. RECOMMENDED BY: Public Safety Committee 2/9/10 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No t6. CITY COUNCIL ACTION: Councilmember moves, Counalmember seconds DISCUSSION: ' ACTION: Current Contract Information ' Contract No. 04909 Price Sheet Order Form Page 3 TO ORDER COPIPLETE PRICE SHEETS AND SUBAHT WITH STATE FORiV A-15A PURCHASE REQUISITION TO OFFICE OF STATE PROCUREMENT BEFORE iYIARCH 31, 2010. ONLINE ORDERS 1111 Y BE PLACED AT htW:Ilfortress,wa.GovlZa/inet/vebreq/vehnientr./tlnt. TO MINIMIZE PRODUCTION DELAYS ORDER AS EARLY AS POSSIBLE. FULL SIZE UTILITY VEHICLE (2WD)/FFV VEHICLE TYPE:UTILITY VEHICLE FLEXIBLE FUEL(2WD) MAKE/MODEUCHEVROLET TAHOE FFV EQUIPMENT INCLUDED IN NET PRICE 7100#GVWR HD Towing Package Class III(K5L) 4 door, 5 passenger seating - Auxiliary power source - Front Split Bench,Rear Bench,Cloth Power heated mirrors 5.3 liter, 8 cylinder FFV engine(E85Ethanol or Gas) Light'finted Glass Maximum cooling,Radiator,Eng.Oil,Trans - AM/FM radio w/CD (KC41KNP) - Electric rear window defroster,Rear wiper washer Airbags, driver and front passenger w/side curtain Liftgate Rear window airbags - 160 AMP alternator - Electronic Stability Control System - 600 CCA Battery Automatic overdrive transmission, 6 speed Roof Rack Delete P265/70R17 all season steel belted radial tires(1) Remote keyless entry,2 transmitters&4 keys Matching full size spare tire&wheel, underbody - All factory standard equipment including: - mounted Daytime Running Lights Full length hardtop,cloth headliner Tire Pressure Monitoring System Vinyl floor covering Running Boards - Air conditioning w/Auxiliary Rear Tachometer,Voltmeter,Oil Pressure,Temp Gauges Cruise Control/Tilt Steering Wheel Steering Column Transmission Shift Power steering 3,42.1 rear axle ratio as equipped Power door locks 3 yr/36,000 mile warranty 5 yr/100,000niile Drivetrain - Power Windows Power Di iver's Seat w/Adjustable Seat Back - HD Rear Bumper NHTSA Crash Test Ratings Frontal(DIP) 5/5 Side(F/R) NA Rollover 3 MERCURY FREE VEHICLE LEAD WHEEL WEIGHTS CA EMISSION CERTIFICATION ULEV 2, GAS MILEAGE 15 CITY,21 HWY VEHICLE MEETS CALIFORNIA EMISSION STANDARDS DEALER: Bud Clary Auto Dealerships(W262) DEALER CONTACT: John Slater or Katie Vincent PO Box 127 PHONE: 1-800-899-1926 Longview, WA 98632 EMAIL- islater(a?budclary.com DELIVERY: 90-120 Days FEDERAL TAX ID NO : 91-0699054 PAYMENT TERMS: $200.00 DISCOUNT PER VEHICLE FOR PAYMENT WITHIN 20 DAYS OF DELIVERY, NET30 " NET PRICE. (Vehicle equipped as above,delivered to any point within the State of Washington,exclusive of Federal Excise and before 8.2% Sales Tax): COMMODITY CODE VEHICLE DESCRIPTION ORDER OTY PRICE EACH PRICE EXTENSION 2310-065-001 Full Size Utility Vehicle FFV (2WD), 2010 Chevrolet Tahoe(CC10706) $26,998 00'r $ NO COST EXTERIOR COLORS' INDICATE QUANTITY OF COLOR(S)SELECT Black ,White , Taupe , Blue Granite ,Sheer Silver Gold Mist Laser Blue (Avail after Jan.2010,Limited Availability) Victory Red (Special Paint requires 2310-065-045) (Complimentary standard interior color will be selected by Dealer). (1)Tire Chain Compatible Current Contract Information Contract No. 04909 Price Sheet Order Form Page 4 COiUTIODITY OPTION DESCRIPTION ORDER QTY PRICE EACH PRICE EXTENSION CODE 2310-065-010 Credit for pickup from selling dealer(Orders for $(50.00) S Eastern WA(DLR)(Deduct)* 2310-065-011 Credit for pickup from selling dealer(Orders for S(50.00) Western WA(DLR)(Deduct 2310-065-012 Alternative Seating, Cloth Front Bucket Seats $823.00 w/Full Front Console (with PPV requires 2310065-055) A95) 2310-065-013 Cap, Locking Gas(DLR)* $I9.95 2310-065-014 Cargo Area Cover,Installed(DLR)* $145.00 2310-065-015 Carpeting w/Floor Mats(1330) $168.00 2310-065-016 Differential,Limited Slip' (G80) $250.00 2310-065-017 Flasher, Wig Wag Head Lamp and Tail lamp,DRL $422.00 Compatible(requires PPV 5W4) 07) 2310-065-018 Fog Lamps T96) K $234.00 2310-065-019 Floor Mats,All weather,F&R(GM) $172 00 2310-065-020 Heater, Engine Block K05) $66.00 2310-065-021 Inoperative Rear Door Handles (Police or 4WD $58.00 only)(6132 2310-065-022 Inoperative Rear Door Locks(Police or 4WD $58.00 only)(6N6 2310-065-023 Inoperative Rear Window Light Switches $48.00 Police or 4WD only)(6N5) 2310-065-024 Keyless Entry,Remote Additional Transmitter $63.00 Coded to Vehicle(Police or 4WD only)(AMF) 2310-065-025 Keys, set of 2 instead of 4(DLR)(Deduct)* $ 30.00 2310-065-026 Manuals,Shop Service,Paper(DLR)* $195.00 2310-065-027 Mud Flaps, Molded(Set 4)(DLR)* $232.00 2310-065-028 Power Adjustable Pedals(not available with $132.00 PPV-5W4)(JF4) 2310-065-029 Remote Vehicle Start AP3) $172.00 2310-065-030 Spotlight,6 inch clear lens,Pillar Mounted,left k $405 00 (Only available w/Police or 4WD Only)(7x6 2310-065-031 Spotlights,Left&Right(Only available $722.00 wlPohce or 4WD Only) 7x7) 2310-065-032 Stock Vehicle Upcharge,Cali DLR for $250.00 availability,white, delivery within 7 days when available(DLR 2310-065-033 Warranty Delayed Start(DLR)* $0 00 2310-065-034 Manufacturer to Dealer Order Acknowledgment $0.00 Document Faxed to Customer(DLR)* 2310-065-035 Reverse Sensing System(Includes Power $234.00 Adjustable Pedals)(Not available w/Police or 4WD Only) (UD7) 2310-065-036 Seat,Laguna 3P Prisoner Transport(Factory $1,100.00 Seat& Seat Belts Loose in Cargo Area)(Includes Rear Partition)(Laguna)* *Dealer Installed Options Current Contract Information ' Contract No. 04909 Price Sheet Order Form Page 5 C041MODITY OPTIONDESCRIPTION ORDER QTY PRICE EACH PRICE EXTENSION CODE 2310-065-037 Vehicle Partition,Horizontal Sliding Center $665.00 Section w/Lexan(Includes Full Lower Extension Panel)(Installed)Setina(IOVS)' 2310-065-038 Vehicle Push Bumpers HD Aluminum w/ $300.00 welded upper cross support(Installed)(Setma PB400 2310-065-039 Wiring, Aux Front Speaker(Only available $49 00 w/Police or 4WD Only) (WX7) 2310-065-040 Wiring, Grille Lamps& Speakers(Only `' $90.00 available iv/Police or 4WD Only)(6J3) (� 2310-065-041 Wiring, Horn Siren Circuit(Only available $32.00 w/Police or 4WD Only) 04 K 2310-065-042 Fire Extinguisher, 2.5#Dry Chemical ABC $36.00 Rated w/Mounting Bracket,Delivered w/ Vehicle,UninstalIed(SHS 2310-065-043 Flare Kit,3 Piece Triangle w/Storage Box for $36.00 Roadside Emergency use, Delivered NY/Vehicle, ' Uninstalled 51-16 2310-065-044 Tires,All Tenain instead of All Season(Not $149.00 available w/Tollce or 4WD) QJP/4JP) 1 2310-065-045 Special Paint Victory Red with front and $245 00 rear Black Fascia 9360 2310-065-046 Glass, Deep Tinted Privacy(ANJ) $251.00 I 2310-065-047 Fleet Keyed Alike, 4Keys (Police Vehicle or $85.00 4WD Only)(6E2-6E8) 2310-065-048 Thud Seat Package (Not available with Police $352.00 Vehicle or 4WD Only)(ATD) 2310-065-049 Tow Hooks,Front(V76) $45.00 2310-065-050 Trailer Tow Package Delete(Not available with $(200.00) Police Vehicle or 4WD) (K5L)(Deduct) 2310-065-051 Vinyl Rear Seat (Includes NY/Police Vehicle or $3.00 4WD)(STS) 2310-065-052 Winch Package(underbody mount w/grill guard) x $2,595.00 (Meyer 8000) 2310-065-053 Four Wheel Drive Special Service Vehicle $500 00 (includes deep tinted glass,vinyl rear seat, }[ surveillance switch, 100 amp aux front power 1 source, 100 amp rear power source,ground studs, police wiring diagrams, forward lamp in- line connector, for exterior lamp flashing system, radio suppression, luggage rack na, 160 amp alternator,730 CCA battery,HD cooling) Includes 4WD CKI0706/5W4) 1 "Dealer Installed Options Current Contract Information ' Contract No. 04909 Price Sheet Order Form Page 6 COMMODITY OPTIONDESCRIPTION ORDER OTY PRICE EACH PRICE EXTENSION CODE 2310-065-054 Police Pursuit Vehicle(includes all non 4WD S(3,300.00) equipment in 2310-065-053,top fuel speed cut off 125 mph,air conditioning wide open throttle cut off,engine,tran,and Aux air to oil power steering,Pursuit rated deletes stabilitrak and traction control, enhanced calibration 6 spd transmission, H rated tires,HD black hitch wheels)(trailering not available) (CC10706/PPV)(Deduct) 2310-065-055 Console Deleted(available w/Police or 4WD) $(531.00) (Requires 2310-065-012)(9N5)(Deduct) 23I0-065-056 Police/Special Service Vehicle Option,Rear ` $440.00 Window Bar(KBAR) 2310-065-057 Police/Special Service Vehicle Option,Passenger Y $288 00 Air Bag Deactivation Switch(KBAG) 2310-065-058 Police/Special Service Vehicle Option, Side Air $395.00 Bag Switch Passenger and Driver(KBAGD-D) 2310-065-059 Police/Special Service Vehicle Option,Power r $373.00 Distribution Center(KPDIST) 2310-065-060 HD Battery,730 CCA(Included w/Police or 4WD) $51 00 (6C5) SUBTOTAL 3 7 l U +8.2 %SST W.;� TOTAL 3 *Dealer Installed Options 1 Kent City Council Meeting Date February 16, 2010 ICategory Consent Calendar - 6Q 1. SUBJECT: VEHICLE TRANSFER AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Kent Police Chief to sign all necessary documents to transfer, by donation, two vehicles from the Kent School District. The Kent School District (KSD) is donating two vehicles to supply the 1 two School Resource Officers with marked police vehicles. The School Resource Officers are Kent Police Officers who will work their assignments at designated KSD high schools and middle schools during the school year. 1 The vehicle titles will be transferred to the City of Kent. The City of Kent will be responsible for maintaining and insuring the vehicles through August 31, 2012. The Agreement shall be effective January 13, 2010 through August 31, 2012. Agreement approved as to form by Law Department. i 3. EXHIBITS: Agreement for the Transfer of Vehicles ' 4. RECOMMENDED BY: Public Safety Committee 2/9/10 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? N Revenue? N 1 Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Counalmember moves, Councilmember seconds DISCUSSION: ACTION: r KENT SCHOOL DISTRICT NO 415 Kent, Washington AGREEMENT FOR THE TRANSFER OF VEHICLES TO THE CITY OF KENT POLICE DEPARTMENT BACKGROUND: Consistent with the change of service model chosen by the Kent School District, the District Board of Directors surplused the two security vehicles listed below on January ' 13, 2010 The intent was that the vehicles be transferred to the City of Kent Police Department to compliment the planned expansion of the School Resource Officer program in Kent schools Specifically,the transfer of the two district vehicles to the Police Department is intended to offset the need for the district to provide additional police vehicles as part of its share of the program. VEHICLES TO BE TRANSFERRED- Approximate Mileage 1—2005 Chevrolet Tahoe,VIN #1 GNEK13T2511429 67,000 1—2007 Dodge Charger RT, VIN #2B3KA434x746617 25,000 AGREEMENT- 1) Pursuant to their authority under RCW 28A 335.090 (1), the Board of Directors of the Kent School district shall transfer title of the two vehicles listed above to the City of Kent, a local governmental entity 2) This transfer of surplus property is on the condition that the vehicles be used for educational purposes until August 31, 2012, pursuant to the requirements of RCW 28A 335.180(2). 3) After August 31, 2012, or if the School Resource Officer program is discontinued prior to August 31, 2012, the city shall have the option of transferring the vehicles back to the school district or of compensating the district for the fair market value of the vehicles at the time of program discontinuance The district and city may also choose to negotiate further use or disposal of the vehicles 5) The City of Kent agrees to accept these vehicles in"as-is" condition, without warranty from the district as to their physical condition. I6) It will be the responsibility of the City of Kent to maintain and insure the vehicles, at its expense, through August 31, 2012 1 PARTIES TO THIS AGREEMENT- FOR KENT SCHOOL DISTRICT FOR CITY OF KENT r 1 Dr Edward Lee Vargas, Superintendent Steve Strachan, Chief of Police Date Date 1 t tKent City Council Meeting Date February 16, 2010 Category Consent Calendar - 6R 1 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT - ACCEPT ' 2. SUMMARY STATEMENT: Authorize the Kent Police Chief to accept a grant from the Washington Traffic Safety Commission in the amount of $1,800 to fund officer overtime for the Night Time Seat Belt Enforcement mobilization, amend ' the budget, and authorize the Chief to sign all necessary documents. This is an enforcement activity with "zero tolerance" for seat belt violators. The 1 campaign will begin on May 24th and run through June 6th. Funding is on a reimbursement basis 3. EXHIBITS: Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 2/9/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y ' Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: t MEMORANDUM OF UNDERSTANDING (MOU) I This agreement is made and entered into by and between: The Washington Traffic Safety Commission PO Box 40944, Olympia,WA 98504-0944 ' Hereinafter referred to as"WTSC" And The Kent Police Department Insert your agency name here—hereinafter referred to as"Contractor" IIt is the purpose of this agreement to provide overtime funding to law enforcement agencies to conduct nighttime seat belt-focused patrols during the following time period:May 24 and June 6,2010 The goal of the enforcement is to ' intercept seat belt law violators at night IT IS,THEREFORE,MUTUALLY AGREED THAT: 1. Contractor will provide commissioned police officers) (active or paid reserve)with appropriate equipment on an"overtime"basis(not to exceed 1.5 times their normal salary) to participate in seat belt patrols at night.No on-duty personnel will be funded under this agreement or grant. 2. The patrols will take place between May 24 and June 6,2010. Funding is not provided before or after this period and funding may not exceed the amount specified in the approval letter given you by your Target Zero Task Force Coordinator(TZ/TFC) unless otherwise specified by your TZ/TFC. 3. Patrol dates and locations identified by contractor may change,pending availability of personnel. Patrols will be no more than five hours long and will not begin before 1900 hours. 4. Participants agree to take a"zero tolerance" approach with seat belt and child car seat law violators. 5. It is understood that violator contacts may result in other traffic related activity,such as DUI.Activity other than that initiated through nighttime seat belt emphasis patrols(investigating collisions,emergency calls,etc.) will be the responsibility of the contracting agency and will not be reimbursed. 6. Contractor must submit for reimbursement no later than July 5,2010. 9. Billings must include: a. Invoice Voucher(A 19-1A Form). Please note that we cannot accept a FAX.Your agency is the "Claimant,"include a Federal Tax ID number and an original signature of your agency head,command officer or contracting officer on the A 19-1A. A sample filled out A-19 can be emailed to you,if needed The CFDA number for these funds is 20 602 b. Payroll support documents(evidence the officers were paid,such as overtime slips or payroll documents). c. Emphasis Patrol Activity logs. FAX the Emphasis Patrol Ticket Forms within 48 hours of the patrol to ' 360-586-6489 attn:Jonna VanDyk or scan and email them to jvandyk@wtsc.wa.gov. 8. Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the WTSC,one representative from the Contracting Agency and a mutually agreed upon third party.The dispute panel shall thereafter decide the dispute with the majority prevailing. 9. Either party may terminate this agreement upon(30) days written notice to the other party.In the event of termination,the terminating party shall be liable for the performance rendered prior to the date of termination. IN WITNESS WHEREOF,PARTIES HAVE EXECUTED THIS AGREEMENT: Kent Police Department Contacting agency Jonna VanDyk,Occupant Protection Steven D. Strachan,Chief of Police WA Traffic Safety Commission Contracting agent(print/type name) Date Signature Date Kent City Council Meeting Date February 16, 2010 Category Consent Calendar - 6S 1. SUBJECT: PANTHER LAKE ANNEXATION AREA—COMPREHENSIVE PLAN AND ZONING MAP PUBLIC HEARINGS—DELEGATE TO ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE - APPROVE 2. SUMMARY STATEMENT: Delegate to the Economic & Community Development Committee the responsibility of holding the public hearings regarding comprehensive plan and zoning designations for the Panther Lake Annexation Area. 1 Provisions of the Kent Zoning Code require the City Council to hold at least two public hearings, at least 30 days apart, on proposed comprehensive plan and zoning designations for the Panther Lake Annexation Area. Because of the large size of the annexation area and the short timeframe prior to the effective date of the annexation, the City could streamline the process while also allowing ample 1 opportunity for public participation by having the Economic & Community Development Committee hold the public hearings on behalf of the full Council. The Committee agreed with this proposal 3-0 at their February 8, 2010, meeting. i 3. EXHIBITS: Minutes of 2/8/10 Economic & Community Development Committee 4. RECOMMENDED BY: Economic & Community Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No ' Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds tDISCUSSION: ACTION: KENT WASHINGTGI. ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE PARTIAL MEETING MINUTES RE: PANTHER LAKE ANNEXATION ZONING 1 February 8, 2010 Committee Members Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger Les Thomas attended in Ranniger's absence. Perry called the meeting to order at 5:00 p.m. 6. PANTHER LAKE ANNEXATION ZONING HEARINGS I Planning Director Fred Satterstrom asked the Committee to consider a Motion endorsing the notion that the Economic and Community Development Committee (ECDC) hold the annexation comprehensive plan and zoning hearings on behalf of the Council. He stated that it is a less formal venue, and could be less intimidating for those participants desiring to follow this through to the Council. At the conclusion of the hearings, the ECDC recommendations would move forward to Full i Council. The ECDC concurred with this request. ■ Thomas MOVED that due to the complexity of the issues, the large size of the annexation area, and the relatively short deadline for adoption, the City Council delegate to the ECDC the responsibility of holding the public hearings regarding the comprehensive plan and zoning designations for the Panther Lake annexation area. Albertson SECONDED the Motion. Motion PASSED 3-0. Satterstrom stated that the Motion to keep the hearings before the ECDC will go to City Council on the consent calendar on the February 16th City Council Agenda. Adiournment Perry Adjourned the Meeting at 6:20 p.m. Pamela Mottram, Secretary Economic & Community Development Committee P\Planning\ECDC\20ID\Min [es\Portion of oz-UB-Io_Mln-to cc_z-lb-lo auc li r r I IKent City Council Meeting Date February 16, 2010 Category Other Business - 7A I1. SUBJECT: ANNEXATION SALES TAX CREDIT CERTIFICATION ORDINANCE - ADOPT 2. SUMMARY STATEMENT: In accordance with Ordinance No. 3936, the Panther Lake Annexation Area will become a part of the City of Kent, effective July 1, 2010. Staff projects that the cost to provide municipal services to the annexation area for the first fiscal year following annexation is $11,023,095, while the general revenue the City will receive from this same area is $7,250,417—a $3,772,678 shortfall. When the cost to provide municipal services to an annexation area exceeds the ' general revenue the City would otherwise receive from the annexation area on an annual basis, RCW 82.14.415 allows the City to impose a sales and use tax as a credit against the state tax. Because it is a credit against the state tax, passage of this ordinance will not increase the actual sales and use tax paid within an annexation area. Rather, the tax is redistributed, which shifts some tax revenue that would otherwise remain with the state back to the City of Kent for the City's ' use in an annexation area. 3. EXHIBITS: Memorandum from Finance Director; City's Certification to State Department of Revenue; and Ordinance I 4. RECOMMENDED BY: Staff & Operations Committee 2/16/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? -N/A Currently in the Budget? Yes No I6. CITY COUNCIL ACTION: Councilmember &OW moves, Councilmember seconds to adopt Ordinance No. , which enacts a new Chapter 3.27 of the Kent City Code, entitled "Annexation Sales and Use Tax," to authorize the transfer of a portion of existing State sales and use tax from new annexation areas, as authorized by state law, as a credit against the state sales tax. IDISCUSSION: ' ACTION: Ir iFINANCE KENT R J NachIinger,Director ' W a s I N G-o N Phone 253-856-5260 Fax 253-856-6255 Address 220 Fourth Avenue S Kent, WA 98032-5895 i DATE: February 16, 2010 TO: Kent City Council Operations Committee FROM: R. J. Nachhnger, Finance Director THROUGH- John Hodgson, Chief Administrative Officer ' SUBJECT: Certification of Anticipated State Revenue Needed for Annexation MOTION I move to recommend that the Operations Committee authorize the ordinance icertifying to the Department of Revenue the anticipated amount of the State's annexation funding of$3,772,678 for the State's fiscal year beginning July 1, 2010 through June 30, i2011 and forward it to the February 16, 2010 City Council agenda on Other Business. ' SUMMARY: The estimate for the costs associated with providing services to the Panther Lake area on the State's fiscal year ending June 30, 2011 are anticipated to be $t t,023,095 more fully detailed in attachment to this memo These expenditures are offset by an anticipated revenue i from the area of$7,250,417. The net difference between revenues and expenditures is the amount eligible for funding by the State through its annexation sales tax credit. This amount is anticipated to be not more than $3,772,678 through June 30, 2011. iBUDGET IMPACT: There is no net budget impact resulting from this budget amendment as revenues, along with State annexation funding, will be equal to the additional costs i i i i 1 1 i 1 Certification to Department of Revenue page 1 Monday, March 01, 2010 Amount of Annexation Sales Tax Credit Needed ' For the Period July 1, 2010 Through June 30, 2011 Estimated Object Description Revenues Property Taxes-Current $1,411,877 Diverted King County Road Taxes $1,833,846 Sales and Use Tax ` $725,612 Sales Tax-Grim Justice $270,250 ' MVET- Criminal Justice High Crime $30,130 MVET-Criminal Justice Population $6,900 DUI/Other Criminal Justice Assistance $2,300 MVET- Criminal Justice Special Programs $10,580 Sales Tax& Use Tax -Crim Just/MVET $320,160 Drainage Utility Tax $58,650 Electric Utility Tax $761,357 ' Gas Utility Tax $565,538 Garbage Utility Tax $152,896 Cable Utility Tax (Franchise Fee) $237,902 Telephone Utility Tax $628,976 Utilities Taxes $2,405,319 ' Fuel Tax-City Streets $282,900 1 Liquor Excise Tax $59,570 Liquor Board Profits $87,400 Liquor Excise Tax/Profits $146,970 ' Fire Protection Services (FD 37 I/G Agreement) $123,733 Total Selected Revenues $7,250,417 Certification to Department of Revenue Page 2 Monday, March 01, 2010 Amount of Annexation Sales Tax Credit Needed For the Period July 1, 2010 Through June 30, 2011 FTE Estimated Count Discription Expenditures Pre-annexation Costs 1 00 POLICE SERGEANT 50,528 ' 1 00 POLICE SERGEANT 50,528 1 00 POLICE PATROL OFFICER- Detectives 35,907 1 00 POLICE PATROL OFFICER - NRT 35,907 1 00 POLICE PATROL OFFICER- Patrol 35,907 1 00 POLICE PATROL OFFICER- Patrol 35,907 050 OFFICE TECH 3 - Records 10,710 000 PRE-ANNEXATION ZONING 37,574 1 00 HUMAN RESOURCES ANALYST 27,865 000 PARTTIME HELP - ES Recruitment 19,999 ' 1 00 POLICE PATROL OFFICER - Patrol 31,096 1 00 POLICE PATROL OFFICER - Patrol 31,096 1 00 POLICE PATROL OFFICER- Patrol 31,096 ' 1 00 POLICE PATROL OFFICER-Traffic 27,527 1 00 POLICE PATROL OFFICER- Detectives 27,527 , 1 00 POLICE PATROL OFFICER-Traffic 27,527 1 00 EVIDENCE TECHNICAN 14,147 1 00 POLICE CORRECTIONS OFFICER 13,134 1550 Total Salaries and Benefits 543,982 Election Costs 35,000 Clerk's Supplies/Services 3,000 Police Equipments') 39,000 Police Capital�Z) 344,000 Facilities Capital(3) 4,500 ES Supplies/Services 11,966 Total Pre-annexation Costs 981,448 Certification to Department of Revenue Page 3 Monday, March 01, 2010 Amount of Annexation Sales Tax Credit Needed For the Period July 1, 2010 Through June 30, 2011 FTE Estimated Count [Zription Expenditures July 1 through December 31, 2010 Costs 1 00 POLICE SERGEANT 63,191 ' 1 00 POLICE SERGEANT 63,191 1 00 POLICE PATROL OFFICER-Detectives 47,465 1 00 POLICE PATROL OFFICER- NRT 47,465 ' 1 00 POLICE PATROL OFFICER - Patrol 47,465 1 00 POLICE PATROL OFFICER- Patrol 47,465 050 OFFICE TECH 3 - Clerk's Office (FT 7/1/10) 12,574 1 00 HUMAN RESOURCES ANALYST- ES 48,740 1 00 POLICE PATROL OFFICER - Patrol 52,846 1 00 POLICE PATROL OFFICER - Patrol 52,846 ' 1 00 POLICE PATROL OFFICER - Patrol 52,846 1 00 POLICE PATROL OFFICER -Traffic 52,846 1 00 POLICE PATROL OFFICER - Detectives 52,846 ' 1 00 POLICE PATROL OFFICER-Traffic 52,846 1 00 POLICE EVIDENCE TECHNICAN 41,405 ' 1 00 POLICE CORRECTIONS OFFICER 41,215 15 50 Pre-annexation positions for six months 777,252 050 OFFICE TECH 3 - Clerk's Office (incr to FT) 22,548 1 00 JUDICIAL SPECIALIST- Muni Court 35,994 1 00 JUDICIAL SPECIALIST- Muni Court 35,994 1 00 CIVIL ATTORNEY - Law 68,887 ' 1 00 PROSECUTING ATTORNEY- Law 63,613 000 PROSECUTING ATTORNEY- Law 63,613 1 00 LEGAL SECRETARY 1 - Law 35,947 ' 1 00 SR SYSTEMS ANALYST- IT 57,394 1 00 HUMAN SERVICES COORDINATOR - Parks 46,708 1 00 ACCOUNTING TECH - Police 38,971 1 00 POLICE PATROL OFFICER- Patrol 52,843 100 POLICE PATROL OFFICER - Patrol 52,843 ' 1 00 ADMIN ASSISTANT 1 - Police 37,718 023 PARKING ENFORCEMENT (increase to 75) 6,591 000 POLICE OVERTIME 145,000 ' 1 00 COMB BLDG INSPECT- Econ & CD 45,656 1 00 PLANS EXAMINER - Econ & CD 48,475 053 OFFICE TECHNICIAN 3- Public Works 22,130 ' 1 00 OFFICE TECHNICIAN 3 - Public Works 35,071 1 00 ENG TECH 3 - PW Design 46,609 1 00 CONSTRUCTION INSPECTOR- PW Const 44,550 1 00 ENGINEER 3 - PW Transportation 55,430 1 00 SIGNAL TECHNICIAN - PW Transporation 44,780 1 00 SIGNAL TECHNICIAN - PW Transporation 44,780 Page 4 ' 1 00 MAINTENANCE WORKER 4 - PW Street 41,981 1 00 MAINTENANCE WORKER 3 - PW Street 38,902 1 00 MAINTENANCE WORKER 2 - PW Street 36,215 , 1 00 MAINTENANCE WORKER 2 - PW Street 36,215 1 00 MAINTENANCE WORKER 2 - PW Street 36,215 053 MAINTENANCE WORKER 2 - PW Street 22,743 , 1 00 ENVIRONMENTAL TECH - PW Sewerage 40,517 1 00 MW 4 - PW Sewerage-Drainage 41,981 , 1 00 MW 3 - PW Sewerage-Drainage 38,902 1 00 FIRE INSPECTOR 58,569 1 00 MECHANIC 2 - PW Fleet 41,220 , 1 00 MW3 - PW Utility Locator 38,902 025 OFFICE TECH 2 -Admin/Council (incr 25 to FT) 6,466 000 8 MO TPT(2)- Parks Mtc 35,000 ' 1 00 POLICE PATROL OFFICER 43,891 1 00 GOVERNMENT RELATIONS COORDINATOR-Ad 41,318 1 00 PROBATION OFFICER-Municipal Court 28,786 ' 1 00 CODE ENFORCEMENT OFCR - Econ & CD 30,187 1 00 ENGINEER 3 - Econ & CD 36,651 1 00 JUDICIAL SPECIALIST- Muni Court 17,898 ' 1 00 CUSTOMER SERVICE REP - Finance 17,290 1 00 FINANCIAL ANALYST- Finance 20,891 ' 1 00 PARKS/FAC PLANNING & DEV COORD 24,481 1 00 PARKS/FAC PLANNING & DEV COORD 24,481 4203 Salaries and Benefits post annexation 1,951,847 , Administration/City Clerk supplies/services 20,727 Municipal Court supplies/services 29,668 Economic &Community Dev Supplies/services 40,242 , Census (incl staff time) 175,000 Employee Services supplies/services 12,185 Recruitment Costs 68,000 , Finance supplies/services 9,545 Fire supplies/services 15,000 Information Technology supplies/services 14,349 ' Law supplies/services 58,015 Parks supplies/services 32,668 Supplies/Services Operations 58,000 Equipment Operations 33,500 Facilities (Centennial) 10,000 Public Defense Cost 75,000 Police supplies/services 107,000 Vehicles�3) 110,000 ' Valley Comm 87,500 Armament 25,000 Jail Costs 240,000 Capital Facilities 1,000 Public Works supplies/services 176,786 Page 5 Public Works street maintenance 160,446 Public Works Vehicles 235,000 ' Total Post Annexation Costs 4,523,730 Certification to Department of Revenue ' Monday, March 01, 2010 Amount of Annexation Sales Tax Credit Needed For the Period July 1, 2010 Through June 30, 2011 FTE Estimated Count Discription Expenditures ' 1 00 POLICE SERGEANT 64,422 1 00 POLICE SERGEANT 64,422 1 00 POLICE PATROL OFFICER- Detectives 50,873 1 00 POLICE PATROL OFFICER- NRT 50,873 1 00 POLICE PATROL OFFICER - Patrol 50,873 1 00 POLICE PATROL OFFICER - Patrol 50,873 1 050 OFFICE TECH 3 - Clerk's Office (FT 7/1/10) 14,161 1 00 HUMAN RESOURCES ANALYST - ES 51,831 1 00 POLICE PATROL OFFICER - Patrol 56,162 ' 1 00 POLICE PATROL OFFICER - Patrol 56,162 1 00 POLICE PATROL OFFICER - Patrol 56,162 ' 1 00 POLICE PATROL OFFICER -Traffic 56,162 1 00 POLICE PATROL OFFICER - Detectives 56,162 1 00 POLICE PATROL OFFICER - Traffic 56,162 1 00 POLICE EVIDENCE TECHNICAN 45,853 1 00 POLICE CORRECTIONS OFFICER 44,019 050 OFFICE TECH 3 - Clerk's Office (incr to FT) 24,562 ' 1 00 JUDICIAL SPECIALIST- Muni Court 38,598 1 00 JUDICIAL SPECIALIST- Muni Court 38,598 1 00 CIVIL ATTORNEY- Law 72,788 1 00 PROSECUTING ATTORNEY- Law 67,256 000 PROSECUTING ATTORNEY- Law 67,256 1 00 LEGAL SECRETARY 1 - Law 38,549 ' 1 00 SR SYSTEMS ANALYST- IT 60,896 100 HUMAN SERVICES COORDINATOR- Parks 49,736 ' 1 00 ACCOUNTING TECH - Police 41,031 1 00 POLICE PATROL OFFICER - Patrol 54,037 1 00 POLICE PATROL OFFICER - Patrol 54,037 ' 1 00 ADMIN ASSISTANT 1 - Police 40,148 023 PARKING ENFORCEMENT(increase to 75) 6,589 000 POLICE OVERTIME 145,000 1 00 COMB BLDG INSPECT- Econ & CD 48,654 1 00 PLANS EXAMINER - Econ & CD 51,576 053 OFFICE TECHNICIAN 3 - Public Works 23,998 1 00 OFFICE TECHNICIAN 3 - Public Works 37,544 1 00 ENG TECH 3 - PW Design 50,443 1 00 CONSTRUCTION INSP - PW Const 47,469 Page 6 ' 1 00 ENGINEER 3 - PW Transportation 58,864 1 00 SIGNAL TECHNICIAN - PW Transporation 47,741 1 00 SIGNAL TECHNICIAN - PW Transporation 47,741 1 00 MAINTENANCE WORKER 4 - PW Street 44,858 1 00 MAINTENANCE WORKER 3 - PW Street 41,628 1 00 MAINTENANCE WORKER 2 - PW Street 38,751 , 1 00 MAINTENANCE WORKER 2 - PW Street 38,751 1 00 MAINTENANCE WORKER 2 - PW Street 38,751 , 053 MAINTENANCE WORKER 2 - PW Street 24,644 1 00 ENVIRONMENTAL TECH - PW Sewerage 43,254 1 00 MW 4 - PW Sewerage-Drainage 44,858 ' 1 00 MW 3 - PW Sewerage-Drainage 41,628 1 00 FIRE INSPECTOR 59,777 1 00 POLICE PATROL OFFICER- Patrol 54,037 , 1 00 MECHANIC 2 - PW Fleet 44,175 1 00 MW3 - PW Utility Locator 41,624 025 OFFICE TECH 2 -Admin/Council (incr 25 to FT) 6,791 , 000 8 MO TPT (2)- Parks Mtc 35,149 1 00 GOVT RELATIONS COORD I NATO R-Admm 65,954 1 00 PROBATION OFFICER-Municipal Court 46,440 ' 1 00 CODE ENFORCEMENT OFCR- Econ & CD 48,654 1 00 ENGINEER 3 - Econ & CD 58,850 ' 1 00 JUDICIAL SPECIALIST- Muni Court 38,598 1 00 CUSTOMER SERVICE REP - Finance 38,676 1 00 FINANCIAL ANALYST 44,760 , 1 00 PARKS/FAC PLANNING & DEV COORD 52,330 1 00 PARKS/FAC PLANNING & DEV COORD 52,330 5753 Continued Salaries and Benefits 3,083,551 ' 055 JUDGE 52,020 047 COURT SECURITY OFFICER- (Incr 53 to FT) 17,000 1 00 PLANNER- Econ & Corn Dev 48,400 , 1 00 SR SYSTEMS ANALYST- IT 58,507 1 00 MW3- Parks Mtc 40,181 1 00 POLICE PATROL OFFICER- Investigations 46,941 ' 1 00 POLICE SERGEANT- Patrol 61,905 1 00 POLICE SERGEANT- Patrol 61,905 , 1 00 POLICE PATROL OFFICER-Traffic 46,941 1 00 POLICE CORRECTIONS OFFICER 41,587 1 00 MW2 - PW Sewerage-Drainage Ops 37,420 , 1 00 MW2 - PW Sewerage-Drainage Ops 37,420 1 00 MW2 - PW Sewerage-Drainage Ops 37,420 000 PARTTIME HELP - ES Recruitment 10,000 ' 12.02 New positions salaries and benefits 2011 597,647 6955 Total Jan -June salaries and benefits 3,681,198 Administration/City Clerk supplies/services 27,867 Municipal Court supplies/services 57,814 Economic &Community Dev Supplies/services 64,034 Page 7 Employee Services supplies/services 15,458 Recruitment Costs 30,000 Finance supplies/services 20,859 Fire supplies/services 15,000 Information Technology supplies/services 29,851 Law supplies/services 61,462 Parks supplies/services 57,432 ' Park Maintenance 150,000 Public Defense costs 75,000 Police supplies/services 78,750 ' Vehicles(3) 170,000 Jail Costs 360,000 Valley Comm 87,500 Armament 26,000 Uniforms & Equipment 32,000 Capital Facilities Lease 100,000 ' Public Works supplies/services 217,246 Public Works street maintenance 160,446 ' Total costs Jan - June 2011 5,517,917 Certification to Department of Revenue Page 8 ' Monday, March 01, 2010 Amount of Annexation Sales Tax Credit Needed For the Period July 1, 2010 Through June 30, 2011 ' Summary Estimated Revenue through June 30, 2011 $7,250,417 ' Pre-annexation expenditures $ 981,448 , Expenditures July 1 - Dec 31, 2010 $ 4,523,730 Expenditures Jan 1-June 30, 2011 $ 5,517,917 Total expenditures $ 11,023,095 , Anticipated Sales Tax Credit needed $ 3,772,678 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adopting a new Chapter ' 3.27 of the Kent City Code, entitled "Annexation Sales and Use Tax," to impose a new sales and use tax relating to annexations, as authorized by ' RCW 82.14.415 as a credit against the state tax. RECITALS ' A. In accordance with Chapter 35A.14 RCW, on September 2, 2008, and June 16, 2009, the Kent City Council passed its Resolution ' Numbers 1794 and 1809 respectively, calling for an election to be held in connection with the general election on November 3, 2009, at which ' election the question of annexation was presented to the voters of the Panther Lake Annexation Area. B. The annexation was put to a vote of the people in the Panther Lake Annexation area on November 3, 2009. The King County Records, Elections and Licensing Services Division, on November 24, 2009, certified that the annexation had been approved by Panther Lake Annexation Area voters. ' C. Following a favorable vote on the annexation proposition, the Kent City Council adopted its Ordinance No. 3936 on December 8, 2009, annexing the Panther Lake Annexation Area, an annexation area that has a ' 1 Sales and Use Tax Incentive For Panther Lake Annexation population area greater than twenty thousand people. Therefore, the Kent ' City Council finds and determines that the projected cost to provide ' municipal services to the annexation area is $11,023,095. This amount exceeds the projected $7,250,417 in general revenue that the City would otherwise receive from the annexation area on an annual basis. D. Pursuant to RCW 82.14.415, the City of Kent is authorized, ' under the circumstances of this annexation, to impose a sales and use tax, with that tax being a credit against the state tax. Because it is a credit , against the state tax, passage of this ordinance will not increase actual sales and use tax paid within an annexation area. Rather, this is a tax , redistribution, shifting some tax revenue that would otherwise remain with the state back to the City of Kent for the City's use in an annexation area. ' NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, , WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE , SECTION Z. - Findincis. The Kent City Council adopts the foregoing ' recitals as its findings as if each was set forth herein. SECTION 2, - Adopt Chapter 3.27 KCC. Title 3 of the Kent City , Code is amended to add a new Chapter 3.27, entitled "Annexation Sales ' and Use Tax," as follows: 2 Sales and Use Tax Incentive For Panther Lake Annexation ' SUBTITLE II. TAXATION CHAPTER 3.27 ANNEXATION SALES AND USE TAX Sec. 3.27.010. Imposition of tax. A. There is imposed a sales or use tax, as authorized by RCW ' 82.14.415, which tax shall be collected from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW, upon the ' occurrence of any taxable event within the City. B. The rate of tax imposed under this Chapter shall be 0.2 percent, and shall be in addition to other taxes authorized by law. Sec. 3.27.020. Definitions. The following words, terms, and ' phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different ' meaning: A. "Annexation area" means the Panther Lake Annexation Area, and all other areas annexed to Kent after the effective date of this ordinance that meet the requirements of RCW 82.14.415. The Panther Lake Annexation ' Area includes all territory described in City of Kent Ordinance No. 3936, which annexed an unincorporated area of King County, Washington, of approximately 3,347 acres contiguous to the corporate limits of the City of Kent, effective July 1, 2010. ' B. "Municipal services" means those services customarily provided to ' the public by city government. C. "Fiscal year" means the year beginning July 1st and ending the ' following June 30th. 1 3 Sales and Use Tax Incentive ' For Panther Lake Annexation D. "Threshold amount" means the maximum amount of tax distributions as determined by the City in accordance with KCC 3.27.080 ' that the Washington State Department of Revenue shall distribute to the City generated from the tax imposed under this Chapter in a fiscal year. Sec. 3.27.030. Credit against state tax. The tax authorized under this section shall be a credit against the state tax under chapter ' 82.08 or 82.12 RCW. The Washington State Department of Revenue shall perform the collection of these taxes on behalf of the City, at no cost to ' the City, and shall remit the tax to the City as provided in RCW 82.14.060 and 82.14.415. Sec. 3.27.040. Term of tax. ' A. The tax imposed by this Chapter shall only be imposed at the beginning of the State of Washington's fiscal year and shall continue for no ' more than ten (10) years from the date the tax is first imposed. Tax rate increases due to additional annexed areas shall be effective on July 1st of the fiscal year following the fiscal year in which the annexation occurred, provided that notice is given to the Washington State Department of , Revenue as set forth in KCC 3.27.070. B. The tax shall also cease to be distributed to the City for the , remainder of the fiscal year once the threshold amount, as set forth pursuant to KCC 3.27.070, has been reached. Distributions of tax under ' this Chapter shall begin again on July 1st of the next fiscal year and continue until the new threshold amount has been reached or June 30th, whichever is sooner. Any revenue generated by the tax in excess of the threshold amount shall belong to the State of Washington. , Sec. 3.27.050. Use of tax revenue. All revenue collected under , this chapter shall be used solely to provide, maintain, and operate 4 Sales and Use Tax Incentive For Panther Lake Annexation ' 1 municipal services for the annexation area defined by the City for the sales and use tax credit. Sec. 3.27.060. Limitation of revenues. The revenues from the ttax authorized in this chapter may not exceed the difference between the City's estimated cost to provide, maintain, and operate municipal services for the annexation area and the general revenues that the City would typically expect to receive from the annexation area during a year. If the revenues from the tax authorized in this chapter and the revenues from the annexation area exceed the costs to provide, maintain, and operate municipal services for the annexation area during a given year, the City shall notify the state Department of Revenue and the tax distributions authorized in this section shall be suspended for the remainder of the year. Sec. 3.27.070. Thresholds. A. The threshold amount for the first fiscal year following the annexation and adoption of the tax authorized by this Chapter is as follows: Three Million, Seven Hundred and Seventy-Two Thousand, Six Hundred Seventy-Eight Dollars ($3,772,678). tB. The City Finance Director shall forward to the Washington State Department of Revenue the threshold amount for the first fiscal year following the annexation and adoption of the tax. tC. No later than March 1st of each year, the Finance Director shall provide the Washington State Department of Revenue with a new fthreshold amount for the next fiscal year, and notice of any applicable tax rate changes. SECTION 3. - Severabilitv. If any one or more section, ' subsections, or sentences of this ordinance are held to be unconstitutional ' 5 Sales and Use Tax Incentive For Panther Lake Annexation or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. , SECTION S. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. 1 SUZETTE COOKE, MAYOR ATTEST: ' BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY i 1 6 Sales and Use Tax Incentive For Panther Lake Annexation 1 1 PASSED: day of February, 2010. APPROVED: day of February, 2010. PUBLISHED: day of February, 2010. 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. (SEAL) BRENDA JACOBER, CITY CLERK P\Civil\Ordinance\PantherLakeAn nexation-Im plementSalesTax Incentive doc 7 Sales and Use Tax Incentive For Panther Lake Annexation i REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR i C. OPERATIONS COMMITTEE ' D. PARKS AND HUMAN SERVICES COMMITTEE E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS COMMITTEE H. ADMINISTRATION iREPORTS FROM SPECIAL COMMITTEES KENT W A 5 H 1 N O Y O N OPERATIONS COMMITTEE MINUTES JANUARY 19, 2010 Committee Members Present: Debbie Raplee, Jamie Perry, and Les Thomas The meeting was called to order by Les Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED JANUARY 5. 2010 Raplee moved to approve the minutes of the January 5, 2010 Operations Committee meeting. Perry seconded the motion, which passed 3-0. 1 2. APPROVAL OF VOUCHERS DATED DECEMBER 31, 2009 Finance Director, Bob Nachlinger presented the vouchers for December 31, 2009 for approval. Perry moved to approve the vouchers dated December 31, 2009. Raplee seconded the motion, which passed 3-0. 3. MOVE TO SIGN FIRST AMENDMENT TO THE LEASE AGREEMENT WITH KING COUNTY REGARDING THE AUKEEN COURT RENTAL AGREEMENT. ' Jeff Watling discussed increasing the amount of space the City of Kent leases from King County for Municipal Court services. With the flooding concerns, King County has relocated District Court out of Aukeen Court leaving an extra space. With the need for increased expansion of ' the court, the City would like to use that space. The Agreement allows use for two days a week into one of vacated rooms for an additional $340.00 a month The Agreement is month to month as the County decides what their long-term plan is. Raplee moved to recommend Council authorize the Mayor to sign the First Amendment to the Lease Agreement with King County for Additional Space at the Aukeen Court Building. Perry seconded the motion, which passed 3-0. 4. APPROVAL OF THE 2010 PRE ANNEXATION BUDGET. City may receive a sales tax credit of up to 0.2% of the 6.5% state sales tax to help provide, maintain, and operate municipal services within a newly annexed area of 10,000 population or more. The budgeted amount of $1,276,948 is for pre and post legislative session Chief Strachan informed Thomas that the five squad cars proposed will be split among shifts. Raplee noted the high use of cars may increase maintenance with annexation. Strachan noted that with the tentative reimbursement for annexation costs, they want to use the equipment as appropriate. Perry moved to recommend Council approve the 2010 Annexation Budget. Raplee seconded the motion, which passed 3-0. Operations Committee Minutes January 19 2010 Page: 2 5. AUTHORIZE REQUEST TO WRITE-OFF UNCOLLECTIBLE ACCOUNTS FOR 2009. Bob Nachlinger presented the charges requested to be written off for 2009. He gave examples, including mention of the largest single one was with Public Works related to Pacific Hwy project. Raplee asked if there was anything in the future we can do to eliminate the write-offs and collect. In response, Nachlinger noted the city bills $75 million a year and we are writing off $50,000 or 2/3 of 1%, which is a good write-off list Thomas asked what last year's write-offs were and Nachlinger stated that last year's were lower $25,000-$30,000 a year. Perry moved to recommend that the Operations Committee authorize the write-offs of miscellaneous accounts receivable, utility billing and permit charges totaling $47,342.55 for ' accounts from 2009. Raplee seconded the motion, which passed 3-0. 6. SUMMARY FINANCIAL REPORT DATED NOVEMBER 30, 2009 (INFORMATIONAL ONLY) Nachlinger reviewed the summary financials dated November 30, 2009. The estimated General Fund was down $725,000 from estimation. He explained where the shortfalls were and where we can possibly make up the 8.19/o reserve expected for 2010. Further discussion continued after Thomas and Raplee expressed concern with the high amount and why the noted costs weren't anticipated. Thomas questioned if there were any anticipated layoffs for 2010 and the Chief Administration Officer, John Hodgson, explained how the City is going to avoid layoffs is through lag hiring positions and reviewing/cutting maintenance and operation costs There is no intention of using the $1 million reserved for flooding unless it's for adding to the reserve to make it 10% or create the Rainy Day Fund. , Perry questioned Electric Natural Gas Tax and if it will remain low. Nachlinger responded that there will be an electric increase and anticipates that fund being on budget for 2012. Raplee disputed under Other Funds, the change in the fund balance for the Medical Insurance Fund. Nachlinger verified no monies were being taken to be applied to the budget. Hodgson closed by noting the City will come back to the Operations Committee in March with the December month end and the final shortfall if there is one with the reserve and what efforts are being taken to fix it. Mayor Cooke clarified that financial impact of lay-offs is through the ranks which affects the rate of pay out at the time of separation. The meeting adjourned at 4:35pm by Les Thomas. i Pamela Clark Operations Committee Secretary 1 KEN T WASMINGTQ1 ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES January 11, 2010 1 Committee Members Chair Jamie Perry, Les Thomas, Deborah Ranniger In Perry's absence, Elizabeth Albertson attended, and Thomas presided over the meeting, calling the meeting to order at 5:00 p.m. 1. APPROVAL OF MINUTES Ranniger MOVED and Albertson SECONDED to approve the Minutes of November 9, 2009. Motion PASSED 3-0. 2. TUDOR SQUARE NEIGHBORHOOD COUNCIL RECOGNITION-RESOLUTION Neighborhood Program Coordinator Toni Azzola introduced Marilyn Nelson and Joe Kemp, 1 who co-chair the newly formed Tudor Square Neighborhood Council. Azzola stated that Tudor Square neighborhood is located southeast of Home Depot and consists of 162 homes and the boundaries are north by Southeast 2671h Place, to the east by 114th Avenue Southeast, to the south by Southeast 270th Street and South 270th Court, and to the west by 110th Avenue Southeast. Azzola stated that with the inclusion of Tudor Square, the City will have recognized 18 Neighborhood Councils thus-far. Albertson MOVED to recommend Council adopt the proposed resolution which recognizes the Tudor Square Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City's Neighborhood Program. Ranniger SECONDED the Motion which PASSED 3-0. 3. BUILDING & LAND DEV PERMIT EXPIRATION EXTENSIONS fSCA-2009-21 Principal Planner Matt Gilbert stated that in 2008 and 2009 the Council passed two ordinances in an attempt to alleviate issues associated with the national economy, the banking crisis and issues with credit availability, and to assist in stimulating the development industry. The two ordinances related to extending both Short-Plat and Building Permit validity periods Gilbert explained that the continuing slump in the national economy continues to plague builders and developments in Kent, necessitating consideration of extending the amount of time to keep permits and short plats valid, and to consider more options for keeping development viable. Gilbert stated that City Council passed an ordinance in 2008 extending short-plat validity periods an extra two years for recording. He stated that 102 separate short plats with over 1200 lots are represented in that pipeline. Based on the prior extension, most of those short plats will not expire until late 2011. jIn 2009 the Council granted extensions for issued building permits, and permit applications submitted to the City for review. Issued permits were to remain valid until December 31, 2010 and Applications were to remain valid until June 30, 2010. Gilbert stated that the City has about 24 permits ready to be issued but have not been picked up because these projects have either stalled or been pulled back by the banks. They are not being expired because of this ordinance Gilbert stated that staff feels it would be , simple to extend the permit application validity period out one additional year. Gilbert spoke about the importance of Short Plat Approval referred to as Entitlement and stated that staff is looking into deferring the collection of impact fees for traffic impacts, schools, parks, and utility connections closer to the time a house sells to eliminate credit issues for builders. These fees are estimated at between $12,000 and $18,000 per home. Gilbert explained that a builder does not recoup his money until a house is sold, which could be an indefinite amount of time based on today's market. Garrett Huffman, Master Builder's Association, spoke in support of further extensions that , the City can provide on behalf of builders and supports the proposal to defer the collection of fees, further stating that the Association is lobbying in Olympia to propose a deferment bill state-wide. Ranniger spoke in favor of working with the development community by deferring impact fees suggesting that staff develop an ordinance that could serve as a model for traffic impact fees as well. ' After the Committee deliberated, Albertson MOVED to direct staff to begin to draft an ordinance regarding deferring impact and development fees such as Parks and Traffic impact fees Ranniger SECONDED the Motion. Motion PASSED 3-0. Staff stated that they would return to committee with an update on considerations to amend the existing ordinance pertaining to short plat extension periods. Director of Economic & Community Development Department Ben Wolters requested clarification from the Committee if it was their desire that staff explore recommendations pertaining to the extension of the building permits, and that staff should bring this item back before the Committee for further discussion. The Committee concurred. This report was for informational purposes only. 4. COTTAGE HOUSING UPDATE Planning Manager Charlene Anderson reported that the Cottage Housing Committee meets on Wednesday, January 13 at 1:00 p.m. to review two cottage housing proposals Staff has not received a recommendation on whether or not to move forward with either one of the applications. Anderson stated while reviewing these projects, an issue arose in that one of the proposals requests 30 units on a site 4.09 acres in size. The Demonstration Ordinance staff currently allows a maximum of 24 units. Anderson stated that unless the current ordinance is amended, staff cannot move forward with the one proposal as it would not comply with the ordinance The second proposal requests 8 units and the site contains two existing duplexes on 1.3 acres. This report was for informational purposes only. Adiournment Acting Chair Thomas adjourned the meeting at 5:45 p.m. Pamela Mottram Economic & Community Development Committee Secretary P\Planning\ECOC\2010\Minutes\01-11-10_Min doc ECDC Minutes January 11, 2010 Page 2 of 2 • KENT iCITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES January 12, 2010 COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair • The meeting was called to order by Chair Harmon at 5-00 PM. 1 • Chair Harmon introduced Dennis Higgins as a new member of the Committee, replacing Jamie (Danielson) Perry. • Chair Harmon called for additions or deletions to the agenda, there were none. I. Approval of Minutes L. Thomas moved to approve the minutes of the November 10, 2009 meeting. The motion was seconded by D. Higgins and passed 3-0. 2. King County Community Organizing Program mini-grant award - ACCEPT Chief of Police Steve Strachan explained the funds were used for the Youth Conference. D. Higgins moved to authorize the Kent Police Department to accept the King County Community Organizing Program mini-grant in the amount of $1,000. The motion was seconded by L. Thomas and passed 3-0. 3. Seattle Police Department Interagency Agreement - AUTHORIZE and ACCEPT Chief Strachan explained the increase in funding for the investigation and prosecution of gang related crime through a multi-Jurisdictional task force. L. Thomas moved to recommend that Council authorize the Kent Police Department to sign the Seattle Police Department Interagency Agreement Amendment and to accept additional grant funds in an amount not to exceed ' $5,000. The motion was seconded by D. Higgins and passed 3-0. 4. Drug Free Communities Support Program grant application - AUTHORIZE Chief Strachan and Research and Development Analyst Debra LeRoy explained the programs and activities supported by the continuation funding. D. Higgins moved to recommend authorizing the Kent Police Department to apply for the Drug Free communities Support Program grant in the amount of $53,453. The motion was seconded by L. Thomas and passed 3-0. S. Offender Reentry Program Grant application — AUTHORIZE Chief Strachan and Debra LeRoy explained the professional partnerships and programs involved in the three year grant application. L. Thomas moved to authorize the Kent Police Department's request to apply for the FY 2010 Offender Reentry Program Grant. The motion was seconded by D. Higgins and passed 3-0. � i 6. Jail Services Agreement — AUTHORIZE Chief Strachan and Corrections Lieutenant Curt Lutz explained the agreement to house certain inmates at the City of Enumclaw Corrections Facility in the event of a flood D. Higgins moved to recommend authorizing the Mayor to sign the Jail Services Agreement on the condition that the Agreement will be exercised under emergency food purposes only. The motion was seconded by L. Thomas and passed 3-0. , 7. School Resource Officers and School Safety — INFO ONLY Chief Strachan spoke about the Department's partnership with the Kent School District to provide two School Resource Officers (SRO's) at designated high schools and middle schools. The SRO's will be part of the district's Safety Department. S. Homeland Security Subwant $4,000 — ACCEPT and AUTHORIZE Fire Chief Jim Schneider explained the funds will be used for continuing education for Zone 3 (south King County) Community Emergency Response Team (CERT) graduates. L. Thomas moved to recommend that Council authorize the Fire Department to accept the Homeland Security Subgrant in an amount not to exceed $4,000 and authorize the Mayor to sign the agreement. The motion was seconded by D. Higgins and passed 3-0. 9. Homeland Security Subgrant $10,000 — ACCEPT and AUTHORIZE Chief Schneider explained the funds will be used for the CERT training "bulk buy" program, providing personal safety equipment to all trained CERT individuals in King County. D. Higgins moved to recommend that Council authorize the Fire Department to accept the Homeland Security Subgrant in an amount not to exceed $10,000 and authorize the Mayor to sign the agreement. The motion was seconded by L. Thomas and passed 3-0. The meeting adjourned at 5:38 PM. Jo Thompson, Public Safety Committee Secretary i 1 Public Safety Committee Minutes 2 January 12, 2010 , PUBLIC WORKS COMMITTEE MINUTES Monday, January 25, 2010 COMMITTEE MEMBERS PRESENT. Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4:03 pm. ITEM i — ADDroval of Minutes Dated January 4, 2010: Committee Member Harmon moved to approve the minutes of January 4, 2010. The motion was seconded by Higgins and passed 3-0. ITEM 2 — South 228th Street BNSF/Federal Highway Administration Section 129 Funds: Mark Madfai, Design Engineering Supervisor stated that the City was notified of a federal earmark in March 2008 for $122,500. At that time the Grade Separation Projects at both I the Union Pacific (UP) and Burlington Northern Santa Fe (BNSF) were considered as one project. The City is in the process of separating them into two projects In order to do this, certain criteria must be met. The funds cannot be obligated until this process is completed. Madfai noted that the process is nearly complete and the City will soon be able to obligate these funds. Higgins moved to recommend Council authorize the acceptance of federal funds in the amount of $122,500 towards the South 228th Street Grade Separations, direct staff to establish a budget for the funds. The motion was seconded by Harmon and passed 3-0. ITEM 3 — Convey Sanitary Sewer Easement to King County: Mike Gillespie, Development Engineering Manager stated that Council previously approved I the Interlocal Agreement between King County and the City of Kent for the Transfer of Drainage Facilities and property interest. Gillespie noted that included within the storm drainage tracts to be deeded by King County to the City, is Tract A of the Oakhill plat. King County needs a sanitary sewer easement from the City over Tract A for future construction of these regional sewer improvements. Harmon moved to authorize the Mayor to execute the attached sanitary sewer easement to King County. The final easement shall be subject to the approval of the Public Works Director and the City Attorney. The motion was seconded by Higgins and passed 3-0. ITEM 4 — Information Only/National Pollutant Discharge Elimination System (NPDES) Overview: Environmental Scientist, Shawn Gilbertson gave an overview of the National Pollutant Discharge Elimination System, Phase II Municipal Stormwater permit, which the City of Kent is covered under. The NPDES permit is mandated by the Federal Clean Water Act and is administered by the Department of Ecology in Washington State Gilbertson went on to explain the requirements of the permit. The City continues to meet the increasingly stringent requirements of the permit. No Motion Required/Information Only PUBLIC WORKS COMMITTEE MINUTES Monday, January 25, 2010 ITEM 5 — National Pollutant Discharae Elimination System (NPDES) Grant: Environmental Scientist, Shawn Gilbertson explained that Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit on January 17, 2007, requiring the City to seek coverage under this permit. The permit will expire in February 2012. Since the effective date of the permit, Public Works engineering has been working to implement other permit program requirements. The City was awarded $50,000 in grant money from the Department of Ecology under the Phase II Stormawater Pass-through Grant program. The grant will assist the City in the implementation of the Phase II Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) permit. No match is required of this grant. Higgins moved to recommend Council authorize the Mayor to accept a $50,000 stormwater grant from the Washington State Department of Ecology. The motion was seconded by Harmon and passed 3-0. ITEM 6 Information Only/Noel Gilbrouoh Consultant Services Agreement: Public Works Director, Tim LaPorte introduced Alex Murillo who explained that the City is working on a number of projects along the Green River which involve flood protection; levee repair and improvements along the Horseshoe Bend Levee; Ecosystem restoration projects including the Upper Russell Road Levee (the Lakes Levee) and the Riverview Park Channel. The consultant, Noel Gilbrough, PE, who has over 35 years of service with the Army Corps of Engineers, will be able to provide the expertise we do not have on staff. It is anticipated that we may use his services up to five years. No Motion Required/Information Only Item 7 — Information Only/Horseshoe Bend Budget Status: Engineering Supervisor, Mark Madfai, at the request of committee members at the January 4, Public Works Committee meeting presented the Horseshoe Bend Levee Improvements status and budget summary along with an informative PowerPoint presentation. No Motion Required/Information Only Adiourned: The meeting was adjourned at 4:42 p.m. The Next Scheduled Meeting: February 1, 2010 Cheryl Viseth, Public Works Committee Secretary CONTINUED COMMUNICATIONS A. ! ! ! i 1 1 ! i 1 ' EXECUTIVE SESSION 1 1 ACTION AFTER EXECUTIVE SESSION 1 1 1 i 1 1 i 1 1 1 i 1 1 1