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City Council Meeting - Council - Agenda - 07/06/2010
CITY OF KENT 1 _ City Council Meeting n� e a July 6, 2010 1 Mayor Suzette Cooke Jamie Perry, Council President Councilmembers Elizabeth Albertson 1 Ron Harmon F k Dennis Higgins Deborah Ranniger 40, Debbie Raplee �', KENT WAS MI NGTON u Les Thomas CITY CLERK ' ac<womas KENT CITY COUNCIL AGENDAS \-ZKENT July 6, 2010 Wn5Ni acrou 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. Item Description Speaker Time 1. Green River Levee Certification Update Tim LaPorte 60 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. 100 Years of Camp Fire Day Proclamation S. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Telephone Switch Equipment Maintenance Agreement - Authorize D. Vacation of S. 268th St., East of 40th Avenue South and West of 42"d Avenue So. - Resolution Setting Hearing Date - Adopt E. Water System Plan Financial Analysis Consultant Agreement - Authorize F. Transportation Benefit District - Set Hearing Date G. Sun Meadow Storm Repair - Accept as Complete (Continued) COUNCIL MEETING AGENDA CONTINUED I7. OTHER BUSINESS A. Transportation Impact Fee Ordinance - Adopt 8. BIDS A. Horseshoe Bend/Foster Park Levee SR 167 to UPRR 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com 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. o`=C =w0 -° O N N c vwi f "°O j 3 N H.O o a n o a y S In w N ° ° J C a-0-^� .t m N J 00 �. (0 w 3 �. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS 1 A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) 100 YEARS OF CAMP FIRE DAY PROCLAMATION t t z Proclamation I WHEREAS, Camp Fire USA was founded by Charlotte and Dr. Luther Gulick in 1910 as Camp Fire Girls, and was the first non-sectarian, interracial organization for girls in the United States Based on a commitment to the entire family, membership was expanded to include boys in 1975, and today, half of the membership is comprised of boys under the name of Camp Fire USA, and WHEREAS, Camp Fire USA is celebrating 100 years of building caring, confident youth and future leaders in 2010; and WHEREAS, Camp Fire USA's motto since 1910 has been, "Give Service", and WHEREAS, Camp Fire USA welcomes all children, youth and adults regardless of race, religion, socioeconomic status, disability, sexual orientation or other aspect of diversity; and WHEREAS, Camp Fire USA provides safe, fun and nurturing environments for children and youth in coeducational settings, providing opportunities for boys, girls and families to develop together with programs delivered in schools, camps, housing developments, neighborhood centers, and transitional housing shelters; and WHEREAS, the keystone event of the Camp Fire USA Central Puget Sound Council will take place at Magnuson Park on Saturday, July 31, 2010, when Camp Fire USA will mark its 100th anniversary at Centennial Campfires held across the country, and NOW, THEREFORE, 1, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim Saturday, July 31, 2010 as 100 Years of Camp Fire Day And encourage all citizens to join me in celebrating the mission of the organization and its continued effort to strive for excellence as it forges into its second century of existence, dedicated and committed to positively impacting youth, families and communities across the country In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 61h day of July, 2010. Ma r S zette"Cooke 400 \447 KENT WASNINOTON Kent City Council Meeting 1 Date July 6, 2010 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through G. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of June 15, 2010, and the 1 special Council meeting of June 28, 2010. 6B. Approval of Bills. Approval of payment of the bills received through May 15 and paid on May 15 after auditing by the Operations Committee on June 1, 2010. Approval of checks issued for vouchers: Date Check Numbers Amount 5/15/10 Wire Transfers 4151-4168 $1,989,898.51 5/15/10 Regular Checks 643083-643527 1,073,722.29 Void checks ($553.50) Use Tax Payable 3,807.43 $3,066,874.73 Approval of payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 15, 2010. Approval of checks issued for vouchers: ' Date Check Numbers Amount 5/31/10 Wire Transfers 4169-4185 $1,671,507.25 5/31/10 Regular Checks 643528-644045 3,147,301.57 Void checks ($0) Use Tax Payable 2,767.75 $4,821,576.57 (Continued on back) 6B. Approval of Bills. (Continued) Approval of checks issued for payroll for May 1 through May 15 and paid on May 20, 2010: Date Check Numbers Amount 5/20/10 Checks 317853-318138 $ 176,237.14 5/20/10 Advices 267477-268263 1,608,272.22 $1,784,509.36 Approval of checks issued for payroll for May 16 through May 31 and paid on June 4, 2010: Date Check Numbers Amount 6/4/10 Checks 318139-318354 $ 218,999.30 6/4/10 Advices 268264-269046 1,609,778.15 $1,828,777.45 I KENT Kent City Council Meeting WAS n IN 3TaN June 15, 2010 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) CHANGES TO THE AGENDA A. From Council. Administration, Staff. (CFN-198) There were no changes. B. From the Public. (CFN-198) There were no changes. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Counalmember Ron Harmon was commended on his recent appointment by the Governor to serve on the Washington Traffic Safety Commission. Councilmember Ranniger noted that Earthworks Park was one of the historic landmarks chosen by American Express and the National Trust in their recent historic preservation competition, and that the City will therefore receive $70,000. B. Community Events. (CFN-198) Ranniger noted the opening of the Farmers Market, the upcoming International Festival, 4th of July Splash, and Taste of Kent fund raiser. C. Green River Community College President. (CFN-155) Mayor Cooke intro- duced Green River Community College President Rich Rutkowski, and noted that he will soon retire. She read a proclamation declaring June 15, 2010, as Rich Rutkowski Day in the City of Kent, and commemorating his service to Green River Community College and the community. D. School-City Project Update. (CFN-198) Kent School District Superintendent Dr. Lee Vargas, along with School Board President Debbie Straus and School Board member Tim Clark, commended the City for their partnership with the School District, noting that it demonstrates caring for the kids and families in the community. Strauss presented Mayor Cooke with a plaque expressing their appreciation. Mayor Cooke thanked Becky Hanks, who is leaving the school district, for her participation in the school and city partnership as well. PUBLIC HEARINGS A. 2011-2016 Six-Year Transportation Improvement Program. (CFN-164) Public Works Director LaPorte explained the Six-Year Transportation Improvement Plan and noted that there are four new projects in the plan, all of which are located in the Panther Lake annexation area. He elaborated on the four new projects, and explained the status of many other projects, including those which are being worked on and those which have been completed. Mayor Cooke opened the public hearing. There were no comments from the audience, and Perry moved to close the public hearing. Thomas seconded and the motion carried. Raplee moved to adopt Resolution No. 1829 adopting the 2011-2016 1 1 Kent City Council Minutes June 15, 2010 Six-Year Transportation Improvement Program. Harmon seconded and the motion carried. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through X. Harmon seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of June 1, 2010, were approved. B. Approval of Bills. (CFN-104) Figures were not available for approval. C. Goldfinch Communications LLC Cable Television Franchise Ordinance. (CFN-274) Ordinance No. 3961 approving a cable television franchise agreement with Goldfinch Communications, L.L.C., was adopted and the Mayor was authorized to sign a cable television franchise agreement with Goldfinch Communications, L.L.C. con- sistent with the ordinance. D. General Business License Fee Ordinance. (CFN-175) Ordinance No. 3962, which amends Chapter 5.01 of the Kent City Code entitled "General Business Licenses," and requires all non-exempt business entities doing business in the City to obtain general business licenses was adopted. E. Parkina Fee Increase Ordinance. (CFN-171) Ordinance No. 3963 amending i various sections in Chapter 9.38 of the Kent City Code relating to the monetary penalties applicable to parking violations committed upon City streets and rights-of- way was adopted. F. Admissions Tax Code Ordinance. (CFN-104) Ordinance No. 3964 amending Section 3.26.010 of the Kent City Code, entitled "Admissions Tax Imposed," to limit the exemption for governmental entities to only those not engaging in an activity operated in the manner of a separate business enterprise was adopted. G. 2010 Adiusted Budget Ordinance. (CFN-186) Ordinance No. 3965 amending the 2010 City budget for adjustments up to July 1 in response to an ending fund balance shortfall in the City's 2009 budget, revised revenue projections in the 2010 budget, and reduced full-time equivalent positions was adopted. The budget amend- ment will reduce the General Fund budget by $7,057,767 and the General Fund's authorized positions by 34.56 FTEs. The total General Fund budget will be reduced from the existing budget of $80,016,338 to $72,958,571, and the City's authorized FTE positions will be reduced from the existing FTEs of 803.05 to 768.49. H. 2010 Post-Annexation Budget Ordinance. (CFN-186) Ordinance No. 3966 amending the 2010 City budget for necessary adjustments related to the Panther Lake post-annexation costs was adopted. The estimate for costs associated with providing services to the Panther Lake area for the last six (6) months of the 2010 fiscal year are anticipated to be $6,094,051. Therefore, it is appropriate to amend the 2010 budget to account for the additional costs to provide City services to the Panther Lake area, offset by the cost of any additional revenue to be received from 2 Kent City Council Minutes June 15, 2010 this area. This budget adjustment ordinance also creates 56.53 FTEs for the personnel to provide services to the annexation area. I. Washington State Slo-Pitch Umpires Association Agreement. (CFN-118) The Mayor was authorized to sign the Washington State Slo-Pitch Umpires Association Agreement for the 2010 season. J. King Conservation District Native Plant Maintenance Intern Grant Agree- ment. (CFN-118) The King Conservation District Native Plant Maintenance Intern Grant in the amount of $6,352 was accepted, the budget was amended, the expenditure of funds in the Adopt A Park Budget was authorized, and the Parks Director was authorized to sign all necessary documents. The grant is to hire a maintenance intern to weed and water over 700 native trees and shrubs which were planted at Clark Lake Park and Lake Fenwick Park during 2008 and 2009. K. King County Amateur Softball Association Umpires Association Agree- ment. (CFN-118) The Mayor was authorized to sign the King County Amateur Softball Association (ASA) Umpires Association Agreement for the 2010 season. L. Washington State Parks Department Grant. (CFN-122) A Marine Law Enforcement Grant from the Washington State Parks Department in the amount of $14,398 was accepted, the budget was amended, expenditure of the grant funds was authorized, and the Mayor was authorized to sign all necessary documents. The grant is for overtime hours for shifts on Lake Meridian for the period from July 1, 2010 through June 30, 2011, M. Zone 3 Emergency Management Planning Enhancement Agreement. (CFN-122) The Mayor was authorized to sign the Consultant Services Agreement with Terrorism Research Center to enhance Zone 3 Emergency Management Planning, to hire a consultant who would assist Emergency Management in the continued growth of existing discipline groups, resource management and essential planning expansion to other Jurisdictional disciplines and other public/private partners necessary to meet the goals of the Zone 3 Emergency Management Directors and the Regional Disaster Plan. N. King County Office of Emergency Management Grant for Zone Coordinator. (CFN-122) The Mayor was authorized to sign a grant agreement with King County Office of Emergency Management, to receive grant monies, to accept and expend the grant funds, and to adjust the budget as required, to provide a Zone Coordinator to assist in the continued growth of existing discipline groups, resource management and essential planning expansion to other jurisdictional disciplines and other public/ private partners necessary to meet the goals of the Zone 3 Emergency Management Directors and the Regional Disaster Plan. O. Emergency Management Performance Grant. (CFN-122) An Emergency Management Performance Grant in the amount of $94,532 from the Washington State Military Department and the Department of Homeland Security was accepted, the Mayor was authorized to sign the contract to receive grant funds to supplement local budget expenditures, and to amend the budget and expend the grant funds. 3 Kent City Council Minutes June 15, 2010 P. Address and Street Names Ordinance. (CFN-205) Ordinance No. 3967 enact- ing regulations for the establishment of addresses and the naming of streets was adopted. The Public Safety Committee recommended moving the addressing requirements from Title 14 (Buildings and Construction) to Title 13 (Fire Prevention and Protection) for administration by the fire code official. Q. Safe Rental Housing Program Background Check Requirement Ordinance. (CFN-175) Ordinance No. 3968 amending Kent City Code section 5.14.120(B)(1)(c) related to the City's Safe Rental Housing Program to remove the requirement that a program participant prohibit employment to any employee who has been convicted of a felony within the past ten years, and to require that a third-party background check be performed was adopted. This amendment is consistent with Second Engrossed Substitute Senate Bill (2ESSB) 5742 adopted by the state Legislature during its 2010 legislative session, which prohibits a landlord from hiring or renting to a person solely because of that person's criminal history. R. Valley Civil Disturbance Unit Interlocal Agreement. (CFN-122) The Mayor t was authorized to sign an operational agreement titled, "Interlocal Cooperative Agreement Between the Cities of Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle, for Creation of the Valley Civil Disturbance Unit" which has been created to establish and maintain a multi-jurisdictional Valley Civil Disturbance Unit (Valley CDU). The minimum term of the Agreement shall be one year and the Agree- ment shall automatically extend for consecutive one year terms until terminated. S. Transportation Financing Consultant Agreement. (CFN-164) The Mayor was authorized to sign the Consultant Services Agreement between the City and Fehr & Peers, Inc., in the amount of $20,000, to conduct transportation funding analysis and provide recommendations for financing the transportation capital needs identified in the 2008 Transportation Master Plan. T. S. 224th Street/SR 167 Bridge Consultant Agreement. (CFN-1038) The Mayor was authorized to sign the Consultant Services Agreement between the City and Shearer Design LLC., in the amount of $262,540, for the purpose of designing the S. 224th Street/SR 167 Bridge and assisting in obtaining WSDOT Developer Services permits. U. Safe Walking Routes to Schools Construction Contract Pre-Approval. (CFN-1038) The Mayor was authorized to sign a contract awarding the Daniel and Horizon Safe Walking Routes to School Project to the lowest responsive and response- ble bidder within the engineer's estimate, upon opening of bids, subject to the approval of the City Attorney. The Safe Walking Routes to School project will provide new sidewalks where none currently exist to provide safe routes to Daniel Elementary School and to Horizon Elementary School. The project utilizes two federal grants which requires review time from the Washington State Department of Transportation. Prior Council approval to award the project will save time and provide adequate time to complete the project by September 1, 2010. 4 Kent City Council Minutes June 15, 2010 V. Levee Certification Analysis Consultant Agreement. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Northwest Hydraulic Consultants Inc., in the amount of $32,324, for the purpose of analyzing and report- mg on proposed changes to flood hazard areas under a series of Green River levee certification alternatives. W. Riverview Park Restoration Proiect Agreement with King Conservation District WRIA 9 Forum. (CFN-1038) The Mayor was authorized to sign the King Conservation District WRIA 9 Forum's Agreement for the City to receive a $690,000 grant award to be used for the City of Kent's Riverview Park Restoration Project, to amend the budget as required, and to expend the grant funds. The grant will be applied to a portion of the City of Kent's payment to the Army Corps of Engineers for its share of the 2011 construction of the Riverview Park Restoration Project. X. Riverview Park Restoration Proiect Agreement with Washington State Recreation and Conservation Office. (CFN-1038) The Mayor was authorized to sign the Washington State Recreation and Conservation Office Salmon Recovery Funding Board Agreement to receive a $500,000 grant award to be used for the City of Kent's Riverview Park Restoration Project, to amend the budget as required, and to expend the grant funds. The grant will be used as a portion of the City of Kent's payment to the Army Corps of Engineers for its share of the 2011 construction of the Riverview Park Restoration Project. OTHER BUSINESS A. Panther Lake Annexation Interlocal Agreements. (CFN-1309) Planning Services Director Satterstrom explained that there are two separate agreements, one on Governance and the other on Property Transfer, which together are called the ` Interlocal Agreement. He pointed out that the agreements do not include County funding for road overlay projects, and that they do not include a 40-acre parcel north of North Meridian Park, which the County is reluctant to convey because they are not sure of the restrictions which apply to that property. Satterstrom noted that the ® Economic & Community Development Committee did not make a recommendation at ■ their meeting, but that staff has developed a three-part alternative relating to the governance agreement, the property transfer agreement, and the 40-acre parcel, which Hodgson then explained. Thomas moved to recommend the City Council authorize the Mayor to sign the Interlocal Agreement relating to Governance for the Panther Lake Annexation Area in substantially the form depicted and subject to approval of final terms and conditions acceptable to the City Attorney. Perry seconded. Councilmember Higgins noted that he is a King County employee, but that both the City Attorney and the King County Ethics Advisor feel he does not have a conflict of interest. The motion then carried. Thomas moved to recommend the City Council authorize the Mayor to sign the Interlocal Agreement relating to Property Transfer for the Panther Lake Annexation Area in substantially the form depicted and subject to approval of final terms and conditions acceptable to the City Attorney; provided, however, that this authorization is contingent on the County transferring the 40-acre parcel north of North Meridian 5 1 Kent City Council Minutes June 15, 2010 Park to the City for parks, recreation or open space purposes as part of the Interlocal Agreement for Property Transfer. Perry seconded. It was noted that the 40-acre piece of property was shown as a park property on the County's Parks and Open Space map. The motion then carried. Thomas moved to set a special meeting of the Kent City Council at 5:30 p.m. in the Council Chambers of Kent City Hall on June 28, 2010, to address the King County Panther Lake Annexation Interlocal Agreements related to Governance and Property Transfers. Perry seconded and the motion carried. B. King County Fees for Panther Lake Annexation Area. (CFN-1309) Satterstrom explained that once the interlocal agreement is consummated, the proposed ordinance would allow the County to continue to charge their appropriate fees on permits which they would continue to work on beyond July 1'. Thomas moved to adopt Ordinance No. 3969 authorizing King County, per the Interlocal Agreement between King County and the City of Kent relating to processing of building permits and land use applications related to the Panther Lake Annexation Area, to charge applicable permit fees as outlined in Title 27 of the King County Code, including all subsequently enacted amendments to Title 27 of the County Code. Perry seconded and the motion carried. C. Regional Fire Authority Memorandum of Understanding. (CFN-122) The City Attorney noted that a revised version of Exhibit A and a replacement motion has been provided to Councilmembers tonight. He explained that the City and the RFA have not been able to finalize some of the terms of the interlocal agreement and that the proposed Memorandum of Understanding would carry them through until the interlocal agreement is completed, or August 5, 2010, whichever is sooner. Thomas moved to authorize the Mayor to sign a Memorandum of Understanding between the City of Kent and the Kent Fire Department Regional Fire Authority for the period of July 1, 2010, to August 5, 2010, or until the execution of an interlocal agreement, including the amended Exhibit A to the MOU presented at this meeting, subject to the City Attorney's acceptance of final terms and conditions, for the purpose of maintaining certain services in the City and the RFA until the interlocal agreement is executed. Harmon seconded and the motion carried. D. Kent Fire Department Regional Fire Authority Property Transfers. (CFN-122) City Attorney Brubaker explained that the Regional Fire Authority Plan requires the sale or lease of real property from the City to the RFA, and that the proposed documents facilitate the transfers by the City. Thomas moved to authorize the Mayor to sign all documents necessary to complete all property transfers authorized in the Kent Fire Department Regional Fire Authority Plan, upon final terms and conditions acceptable to the City Attorney. Raplee seconded and the motion carried. E. Regional Fire Authority Governing Board Appointments. (CFN-122) The City Attorney explained that an ordinance has been provided to the Councilmembers which would provide for Kent City Councilmember appointment to the Kent Fire Department Regional Fire Authority Governing Board. He noted that three members 6 Kent City Council Minutes June 15, 2010 of the City Council are to be appointed to the seven member governing board of the RFA, and that those three members are to be appointed by the Council President. He explained the specifics of the ordinance and Thomas moved to adopt Ordinance No. 3970 adding a new chapter to the Kent City Code that creates a procedure for the appointment of Councilmembers to the Governing Board of the Kent Fire Department Regional Fire Authority. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) Perry noted that she will make appointments to the Regional Fire Authority Governing Board at a later date. B. Mayor. (CFN-198) Mayor Cooke noted that she recently spoke before the King County Council on animal control, and outlined some King County budget impacts on the City. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Economic & Community Development Committee. (CFN-198) Perry said that the committee has begun looking at the Downtown zone and the ECD Strategic Plan. She noted that the next meeting is on July 12. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) CAO Hodgson noted that in addition to the annexa- tion and the RFA becoming effective on July 15Y, Mick Kelly's will open on July 1st, the Huse property will be acquired in early July, and property on Panther Lake is being negotiated. He announced that there has been minor flooding today in the Lake Meridian area due to high water, and that the lake is closed to boating on a day-to- day basis. ' ADJOURNMENT The meeting adjourned at 8:22 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 7 Kent City Council Meeting KENT WASMINGTOV June 28, 2010 The special meeting of the Kent City Council was called to order at 5:30 p.m. by Mayor Cooke. Councilmembers present: Albertson, Higgins, Perry, Ranniger, and Raplee. (CFN-198) Panther Lake Annexation Area Property Transfer Interlocal Agreement. (CFN-1309) The Mayor explained that the purpose of this meeting is to address the Interlocal Agreement with King County for the transfer of real property in the Panther ' Lake Annexation Area. CAO Hodgson noted that on June 15, 2010, Council passed a motion relating to the transfer of property in the annexation area, but that there was one parcel of land which was still questionable as to whether it would be transferred. He noted that the City had been asking the County whether it was park property or whether that i designation had changed, and that Just prior to the June 15 Council meeting, the County provided information saying that parcel had never been designated park property. He noted receipt of a letter from King County Executive Dow Constantine saying he would like to work with the City in terms of the disposition of that parcel. Hodgson stated that the City's legal counsel has determined there is no legal reason why this 40-acre parcel should transfer to the City as park property. Mayor Cooke ' noted that there was a period of time where the area in question was mismarked, but opined that there is no strength in holding up the interlocal agreement based on this parcel. Upon questions from Council members, Planning Services Director Satterstrom noted that the current density is 6 units per acre. He said staff believes that at some point in the past, the County had some sort of open space designation on it, which the City would have tried to mimic, which is how the area came to be considered park land. He added that the area has probably been zoned single family residential at around ' 6 units per acre for quite some time on the County's Comprehensive Plan. He con- firmed that the fact that the City's recently adopted Comprehensive Plan Map designates it as park property carries no weight, and noted for Perry that the map ' was distributed to residents of the annexation area prior to the annexation vote. Ranniger moved to rescind the motion and the vote which occurred at the June 15, 2010, Council meeting regarding the interlocal agreement relating to the property transfer for the Panther Lake Annexation Area, that was contingent upon the County transferring the 40-parcel north of North Meridian Park to the City for parks, recreation or open space. Perry seconded. Ranniger said she made the motion reluctantly in order not to hold up the interlocal agreement. She said both the residents of the area and the City Council expected that this 40-acre parcel would come into the city for the purposes of a park, and urged the City to work with the County to acquire the property. Higgins said he feels the County has not treated the City equitably and that he will follow up on the issue. Albertson, Perry and Raplee ' also expressed disappointment in the County's decision, and agreed that the issue 1 Kent City Council Minutes June 28, 2010 should be pursued further. CAO Hodgson assured the Council that staff will continue working on this issue and urged the Council to speak to the members of the King County Council. He reiterated that the information indicating that the parcel was not park land was not received until just prior to the City Council's meeting on June 15. Ranniger's motion to rescind then carried. , Ranniger moved to authorize the Mayor to sign the interlocal agreement relating to the Property Transfer for the Panther Lake Annexation Area in substantially the form presented and subject to approval of final terms and conditions acceptable to the City Attorney. Perry seconded. It was clarified that the version before the Council , includes the correct indemnification language. The motion then carried. ADJOURNMENT The meeting adjourned at 5:55 p.m. (CFN-198) Brenda Jacober, CMC ' City Clerk 2 Kent City Council Meeting Date July 6, 2010 ' Category Consent Calendar - 6C ' 1. SUBJECT: TELEPHONE SWITCH EQUIPMENT MAINTENANCE AGREEMENT - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Qwest Telephone Switch Maintenance Agreements for an initial term of one-year with four one-year renewal options, subject to final terms and conditions acceptable to the City Attorney. The City's telephone switching equipment, while managed by the Information ' Technology Department, is maintained by outside vendors who are responsible for performing preventive and restorative hardware and software maintenance on the equipment. In 2009, the contract between the City and Verizon Business Services expired, and the Information Technology Department Issued a request for proposals (RFP) to telephone equipment vendors for a new contract. Following vendor responses and contract negotiations, Qwest Communications Company, LLC (Qwest) was selected as the most responsive vendor, both in terms of pricing, as well as services offered. The contract negotiated between the City and Qwest is a one-year agreement, with options to renew annually for four (4) additional one-year terms. 3. EXHIBITS: Memo to City Council Operations Committee; Qwest Loyal Advantage Agreement; Qwest Loyal Advantage Agreement Exhibit A; Qwest Select Advantage Agreement Service Exhibit; Qwest Loyal Advantage Agreement Exhibit B; Qwest Select Advantage Detailed Description Classic On-Site Premium ' Service; and Qwest Loyal Advantage Agreement Exhibit C - Pricing Schedule 4. RECOMMENDED BY: Operations Committee 6/15/2010 ' (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 1 DISCUSSION: ' ACTION: ' INFORMATION TECHNOLOGY Paul Dunn, Technical Services Manager ' Phone 253-856-4600 • Fax 253-856-4700 KEN T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: June 15, 2010 TO: Kent City Council Operations Committee FROM: Paul Dunn, Technical Services Manager SUBJECT: Telephone Switch Equipment Maintenance Contract MOTION: Move to recommend that the Qwest Telephone Switch Maintenance Contract Agreements be placed on the Consent Calendar for the July 6, 2010 City Council Meeting authorizing the Mayor to sign a one year contract with Qwest, with annual renewal options for an additional 4 ' years. SUMMARY: The City telephone switching equipment, while managed by ' the Information Technology Department, is maintained by contracted outside vendors who are responsible for performing preventive and restorative hardware and software maintenance on the equipment. In 2009, the contract held between the City and Verizon Business Services expired, and the Information Technology Department Issued a request for proposals (RFP) to telephone equipment vendors for a new contract. Following vendor ' responses and contract negotiations, Qwest Communications Company, LLC was selected as the most responsive vendor, both in terms of pricing, as well ' as services offered. The contract negotiated between the City and QWEST is a one year agreement, with options to renew annually for 4 additional terms. ' BUDGET IMPACT: Funding for this contract is budgeted in the Information Technology Department's Annual Operations Maintenance Budget. ' Annual Total Year 1: $39,893.08 Annual Total Year 2 (see note): $41,089.87 Annual Total Year 3 (see note): $43,144.37 ' Annual Total Year 4 (see note): $45,301.58 Annual Total Year 5 (see note): $47,566.66 Quarterly Total Year 1: $9,973.27 Quarterly Total Year 2 (see note): $10,272.47 Quarterly Total Year 3 (see note): $10,786.09 ' Quarterly Total Year 4 (see note): $11,325.40 Quarterly Total Year 5 (see note): $11,891.67 ' Note: Annual renewal pricing based upon the ISM count remaining the same. Qwest will perform a Port Count true-up to determine appropriate increases or decreases as required. BACKGROUND ' The City's telephone switching equipment, while managed by the Information Technology Department, is maintained by contracted outside vendors who are responsible for performing preventive and restorative hardware and software maintenance on the equipment. In October, 2009, the contract held between the City and Verizon Business Services expired, , and the Information Technology Department Issued a request for proposals (RFP) to telephone equipment vendors for a new contract. Following vendor responses and contract negotiations, Qwest ' Communications Company, LLC was selected as the most responsive vendor, both in terms of pricing, as well as services offered. The contract negotiated , between the City and QWEST is a one year agreement, with options to renew annually for 4 additional terms. , The City received proposals from 4 vendors. One vendor's proposal was judged as non-responsive. Verizon Business Services did submit a proposal, ' which was rejected because their pricing increased by 100% over their last years' service to the City. Of the remaining 2 vendors, Qwest was selected as the most responsive vendor following clarifying discussions and ' negotiations with both vendors. Attachments: Qwest Loyal Advantage Agreement ' Qwest Loyal Advantage Agreement Exhibit A Qwest Select Advantage Agreement Service Exhibit ' Qwest Loyal Advantage Agreement Exhibit B Qwest Select Advantage Detailed Description Classic On-Site Premium Service ' Qwest Loyal Advantage Agreement Exhibit C — Pricing Schedule ' QWEST LOYAL ADVANTAGE®AGREEMENT ' This Qwest Loyal Advantage Agreement ("Agreement") is between Qwest Communications Company, LLC including its subsidiaries ("Qwest" or "QCC") and City of Kent ("Customer") and is effective on the date QCC signs it ("Effective Date") The offer contained in this document is only valid through July 31, 2010, and will expire if Customer does not execute and deliver the Agreement to QCC on or before that date Electronic signatures on this Agreement will be accepted only in the form and manner prescribed by Qwest CUSTOMER: CITY OF KENT QWEST COMMUNICATIONS COMPANY, LLC By: By: Name Suzette Cooke Name Title Mayor Title Date Date i1. Services. QCC will provide, and Customer will purchase,the services("Services") set forth in service exhibits ("Service Exhibits") attached hereto Customer agrees that it will not resell the Services and that its use of the Services will comply with all applicable laws Qwest will provide Service if (a) there is a valid, accurate, and complete Order Form submitted by Customer, (b)adequate capacity is ' available, and (c) Qwest accepts the Order Form Qwest may change features or functions of its Services, for material changes that are adverse to Customer, Qwest will provide 30 days' prior written notice, but may provide a shorter notice period if the change is based on Regulatory Activity The parties agree that any notation to the "Qwest Total Advantage Agreement" or "QTA Discount" on the Service Exhibits will be disregarded and such exhibits will be governed by the Agreement The Service Exhibit(s) attached hereto as of the Effective Date are *Exhibit A:Qwest Select Advantage Service Exhibit Additional exhibits attached hereto as of the Effective Date are •Exhibit B: Qwest Select Advantage Detailed Description-Classic On-Site Premium Service •Exhibit C: Pricing Schedule 2. Term. Customer selects the following "Initial Term" of the Agreement one (1) year At the end of the Initial Term, this Agreement will automatically renew for up to four (4) consecutive renewal periods equal to the Initial Term (a "Renewal Term") if not terminated earlier in accordance with this Agreement The Initial Term and each Renewal Term are referred to as the"Term" 3. Rates. During the Initial Term, Qwest will apply (a) for Dynamic Rates, the rates in effect as of the Effective Date unless Customer receives a promotional net rate, or(b)for Static Rates, the rates that are in effect at the time the service is ordered When the Agreement renews, Qwest will apply (c) for Dynamic Rates, the then-current rates unless Customer received a promotional net rate, or (d) for Static Rates, the rates that are in effect at the time the service is ordered After the conclusion of each Service's minimum service period, Qwest reserves the right to modify Static Rates and promotional discounts off Dynamic Rates upon not less than 30 days' prior written notice to Customer, provided that Qwest may reduce the foregoing notice period or modify rates or ' discounts prior to the conclusion of the minimum service period, as necessary, if such modification is based upon Regulatory Activity If Regulatory Activity causes an increase in the rates for Customer's ordered Services that materially and adversely affects Customer, then Customer may terminate the affected Service upon 30 days' prior written notice to QCC without liability for Cancellation Charges for the affected Service, provided, however that Customer (e) provides such notice within 30 days after the increase occurs, and (f) ' provides QCC 30 days to cure such increase If Customer does not provide QCC such notice during the time permitted in this Section, Customer will have waived its right to terminate the affected Service under this Section 4. Payment Customer must pay QCC all charges within 30 days from the invoice date Any amount not paid when due will be subject to late interest the lesser of 1 5% per month or the maximum rate allowed by law or required by Tariff Customer must also pay QCC any applicable Taxes assessed in connection with Customer's Services Taxes are subject to change QCC may reasonably modify the payment terms or require other assurance of payment based on Customer's payment history or a material and adverse change in Customer's financial condition Customer must not remit payment for the Services by funds obtained through the American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans that would obligate Qwest to provide certain information or perform certain functions unless those functions and obligations are specifically included and agreed to by the parties elsewhere in this Agreement or in an amendment to this Agreement 5. Licenses, Dispatch Fee. 5.1 If Qwest must access a building that houses Customers premises to install, operate, or maintain Service or associated Qwest equipment, Customer will provide or secure at Customer's expense the following items (a)appropriate space and power, and (b) rights F ' or licenses 5.2 Any facility or equipment repairs on Customer's side of the demarcation point which are not included in Exhibit C, the pricing schedule for maintenance services provided under this Agreement, are Customers responsibility If Customer requests a technician ' visit for a problem that Qwest determines (a) not to be caused by Qwest facilities or equipment on the Qwest side of the demarcation point, or(b) is on Customers side of the demarcation point, and which is not included in the maintenance services provided under this ' Q415449 Page 1 Copyright Q Qwest All Rights Reserved CONFIDENTIAL v1 020110 QWEST LOYAL ADVANTAGE®AGREEMENT Agreement as included in Exhibit C, Qwest will assess a separate dispatch fee Qwest will notify Customer and obtain Customer's authorization before dispatching a technician ' 6. Disclaimer of Warranties& Indemnification. 6.1 EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, SERVICE EXHIBIT, SERVICE ' DESCRIPTIONS, OR DETAILED DESCRIPTION, QWEST DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE EXHIBIT, OR DETAILED DESCRIPTION, CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICES QCC DISCLAIMS (A) ANY LIABILITY FOR , LOSS, DAMAGE, OR INJURY TO ANY PARTY AS A RESULT OF ANY CPE,AND(B)ALL WARRANTIES FOR CPE 6.2 QCC shall defend, indemnify and hold the Customer 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 ' QCC's performance of this Agreement, except for that portion of the injuries and damages caused by the Customer's performance The Customer's inspection or acceptance of any of QCC'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 QCC and the Customer its officers, officials, employees, agents and volunteers, QCC's Lability hereunder shall be only to the extent of QCC's negligence 6.3 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN ' CONSTITUTES QCC'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION, BUT ONLY WITH RESPECT TO CLAIMS IN CONNECTION WITH THIS AGREEMENT THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER 6.4 The provisions of this section shall survive the expiration or termination of this Agreement ' 7. Limitation of Liability. 7.1 NEITHER PARTY, ITS AFFILIATES, AGENTS, OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED WITH REGARD TO ANY SERVICE RELATED CLAIM BY CUSTOMER FOR , DAMAGES THAT IS NOT LIMITED BY THE PRECEDING SENTENCE, CUSTOMER'S EXCLUSIVE REMEDIES FOR SUCH CLAIM WILL BE LIMITED TO (A) THOSE REMEDIES SET FORTH IN THE APPLICABLE SERVICE LEVEL AGREEMENT, OR (B) IF NO SERVICE LEVEL AGREEMENT EXISTS, THE TOTAL MRCS OR USAGE CHARGES PAID BY CUSTOMER TO QCC FOR THE AFFECTED SERVICE IN THE ONE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO , THE CLAIM EACH PARTY'S TOTAL AGGREGATE LIABILITY RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL MRCS AND USAGE CHARGES PAID BY CUSTOMER TO QCC IN THE THREE MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM (the "Damage Cap") This limitation of liability and Damage Cap will , not apply to a party's obligations under the Responsibilities Section below or Customer's payment obligation for charges under this Agreement(e g , Service charges, Taxes, interest, Early Termination Charges,and Cancellation Charges) 7.2 Any claim relating to this Agreement must be brought within the applicable statutory period , 8. Personal Injury, Death, and Property Damage To the extent permitted under law, each party will be responsible to the other party for the actual, physical damages directly caused by its negligent acts or omissions in the course of its performance under this Agreement, limited to damages resulting from personal injury or death to a party's employees and loss or damage to a party's personal ' tangible property Damages under this Section will be subject to the limitation of liability in this Agreement but not the Damage Cap 9. Responsibilities. To the extent permitted under law, each party agrees to be responsible to the other party, its Affiliates, agents, and contractors against all third party claims, liabilities, costs, and expenses, including reasonable attorneys' fees, involving personal injury or death to persons or loss or damage to personal tangible property resulting from the gross negligence or willful misconduct of the responsible party Resale or modification of the Services by Customer or End Users is prohibited 10. Termination. 10.1 Service; Service Exhibit. Either party may terminate an individual Service or a Service Exhibit (a) in accordance with the individual Service Exhibit's term requirements with 60 days' prior written notice to the other party, or (b) for Cause If Service or a Service Exhibit is terminated by Customer for any reason other than for Cause or by Qwest for Cause, then Customer will pay , Cancellation Charges, if any, under the terms of the Service Exhibit Customer will remain liable for charges accrued but unpaid as of the termination date 10.2 Agreement. Either party may terminate this Agreement and all Service by (a) providing written notice to the other party of its intention not to renew the Agreement at least 30 days prior to the expiration of the then current Term, or (b) for Cause If Customer terminates this Agreement for Service-related claims, Cause to terminate an individual Service Exhibit will not constitute Cause to Q415449 Page 2 Copyright©Qwest All Rights Reserved ' CONFIDENTIAL v1 020110 QWEST LOYAL ADVANTAGE®AGREEMENT terminate this Agreement; rather, Cause to terminate the entire Agreement for Service-related claims will exist only if Customer has ' Cause to terminate all or substantially all of the Services under the applicable service level agreement, Service Exhibit, or Tariff If Customer terminates this Agreement for Convenience or QCC terminates it for Cause prior to the conclusion of the Term, then Customer will pay the higher of (c) the Early Termination Charge, or (d) the total Cancellation Charges that apply for terminating all QCC Service at the time the Agreement is terminated ' 11. CPNI. Qwest is required by law to treat CPNI confidentially Customer and Qwest agree that Qwest may share CPNI within its business operations (e.g , wireless, local, long distance, and broadband services divisions), but not with businesses acting on Qwest's behalf, to determine if Customer could benefit from the wide variety of Qwest products and services, and in its marketing and sales activities Customer's decision regarding Qwest's use of CPNI will not affect the quality of service Qwest provides Customer 12. Confidentiality; Publicity. Except to the extent required by an open records act or similar law, neither party will,without the prior written consent of the other party (a) disclose any of the terms of, this Agreement or use the name or marks of the other party or its ' Affiliates, or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, this Agreement) the Confidential Information of the other party Each party will use reasonable efforts to protect the other's Confidential Information, and will use at least the same efforts to protect such Confidential Information as the party would use to protect its own Qwest's consent may only be given by its Legal Department A party may disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under this Agreement, provided that the disclosing party gives the non-disclosing party reasonable prior written notice 13 Dispute Resolution; Governing Law. The parties will attempt in good faith to resolve through negotiation any dispute, claim or ' controversy arising out of or related to this Agreement Either party may initiate negotiations by providing a written notice to the other party setting forth the dispute and the relief requested If the parties are unable to resolve such dispute within a reasonable period of time, either party may commence a civil action in a court of competent jurisdiction locatedin King County,Washington To the extent the Communications Act of 1934 does not govern, this Agreement will be governed by the laws of the State in which the Customer's principal office is located without regard to its choice of law principles Notwithstanding the above, any action by QCC to collect payment for services may be commenced in King County, Washington Each party consents to the jurisdiction of such courts for the purposes described in this Section Each party will bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneys'fees) 14. Non-Appropriations Customer intends to continue this Agreement for its entire Term and to satisfy its obligations hereunder For each fiscal period for Customer (a) Customer agrees to include in its budget request appropriations sufficient to cover Customer's ' obligations under this Agreement, (b)Customer agrees to use all reasonable and lawful means to secure these appropriations, including but not limited to applying for Universal Service Fund Discounts as described in the Federal Communications Commission Docket No 96-45, (c) Customer agrees it will not use non-appropriations as a means of terminating this Agreement in order to acquire functionally equivalent products or services from a third party Customer reasonably believes that sufficient funds to discharge its ' obligations can and will lawfully be appropriated and made available for this purpose In the event that Customer is appropriated insufficient funds, by appropriation, appropriation limitation or grant, to continue payments under this Agreement and has no other funding source lawfully available to it for such purpose (as evidenced by notarized documents provided by Customer and agreed to by QCC), Customer may terminate this Agreement without incurring an Early Termination Charge or Cancellation Charges by giving QCC not less than 30 days' prior written notice Upon termination and to the extent of lawfully available funds, Customer will remit all amounts due and all costs reasonably incurred by QCC through the date of termination. 15. Notices. 15.1 Required Notices. Customer's current address, facsimile number, and person designated for notices are Paul Dunn,Technical Services Manager, Information Technology, City of Kent WA, 220 41h Ave S Kent, WA 98032, 253-856-4700 (fax) Unless otherwise provided herein, all required notices to QCC must be in writing, sent to 1801 California St, #900, Denver, CO 80202, Fax 888-778- 0054, Attn Legal Dep't, and to Customer at its then current address as reflected in QCC's records, Attn General Counsel or other person designated for notices Unless otherwise provided herein or in a Service Exhibit, all notices will be deemed given (i) when delivered in person to the recipient named above, (n) five business days after mailed via regular U S Mail, (iii) when delivered via overnight courier mail, or(iv)when delivered by fax if duplicate notice is also sent by regular U S Mail 15.2 Service Termination Notices. Customer's notice of termination for QCC Services must be sent via mail, facsimile or e-mail to Qwest, Attn Dublin Service Center, GBM Disconnects, 4650 Lakehurst, 2nd Floor Disconnect Center, Dublin, OH 43017, FAX 866 887 6633, e-mail GBMdisconnects anawest com Such termination will be effective 30 days after QCC's receipt of the notice, 1 unless a longer period is otherwise required For Services under the Select Advantage Service Exhibit, Customer must call the customer care number specified on Customer's invoice to provide notice of termination 16. Assignment. Either party may assign this Agreement without the other party's prior written consent (a) in connection with the sale of all or substantially all of its assets, (b) to the surviving entity in any merger or consolidation, (c)to an Affiliate, or(d) to satisfy a regulatory requirement imposed upon a party by a governmental body with appropriate authority, provided such party gives the other parry 30 days' prior written notice of such assignment Any assignee of the Customer must have a financial standing and creditworthiness equal to or better than Customer's, as reasonably determined by Qwest, through a generally accepted, third party ' credit rating index(i a D&B, S&P, etc) Any other assignment will require the prior written consent of the other party 17. General. This Agreement is intended solely for QCC and Customer, and not the benefit of any other person or entity (e g., End ' Q415449 Page 3 Copyright©Qwest All Rights Reserved CONFIDENTIAL v1 020110 QWEST LOYAL ADVANTAGE'AGREEMENT , Users) If any term of this Agreement is held unenforceable, such term will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms will remain in effect Except for time requirements as specifically stated in a Service Exhibit or service level agreement, neither party's failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder All terms of this Agreement that should by their nature survive the termination of this Agreement will so survive In the event of a conflict in any term of any documents that govern the provision of Services hereunder, the following order of precedence will apply in descending order of control a Service Exhibit, this Agreement, and any Order Form If , Services are provided pursuant to a Tariff, RSS, or ISS as described in the applicable Service Exhibits, the order of precedence will apply in the following descending order of control Tariff, Service Exhibit, Agreement, RSS, ISS and Order Form Certain Service Exhibits may contain terms that vary considerably from the terms set forth in this Agreement Neither party will be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event Except for Service ' modifications initiated by QCC or as set forth in a Service Exhibit, all amendments to this Agreement must be in writing and signed by the parties' authorized representatives Each party reserves the right at any time to reject any handwritten change to this Agreement Customer represents that its full legal name is accurately stated,the person signing this Agreement is duly authorized to do so, and the execution of this Agreement is not in conflict with any laws, charters, bylaws, articles of association, or agreements to which Customer ' is bound or affected Qwest may act in reliance upon any instruction or signature reasonably believed by Qwest to be genuine 18. Entire Agreement. This Agreement, any applicable Service Exhibit, Detailed Description, Service Descriptions, and Qwest- accepted Order Forms constitute the entire agreement between Customer and QCC and supersede all prior oral or written agreements or understandings relating to this subject matter 19 Definitions. "Affiliate"means any entity controlled by, controlling,or under common control with a party. , "AUP" means the Qwest Acceptable Use Policy,which is posted at http l/www gwest com/legal/, including all future revisions "Cancellation Charge" means cancellation or termination charges that apply when Customer cancels Service without Cause (a) as described in a Service Exhibit, and (b)when charges are incurred by QCC from a third party provider as a result of an early termination "Cause" means the failure of a party to perform a material obligation under this Agreement, which failure is not remedied (a)for payment defaults by Customer,within forty-five (45)days after the original payment due date or ten (10)days after two separate written ' notices from QCC of such default, or (b) for any other material breach, within 30 days of written notice (unless a different notice period is specified in this Agreement) "Confidential Information" means any information that is not generally available to the public, whether of a technical, business, or other nature, (including Customer information or CPNI), and that (a) the receiving party knows or has reason to know is confidential, , proprietary, or trade secret information of the disclosing party, and/or(b) is of such a nature that the receiving party should reasonably understand that the disclosing party desires to protect such information against unrestricted disclosure Confidential Information will not include information that is in the public domain through no breach of this Agreement by the receiving party or is already known or is independently developed by the receiving party "Convenience"means any reason other than Cause "CPE"means any customer equipment,software, and/or other materials of Customer used in connection with the Service "CPNI" means Customer Proprietary Network Information, which includes confidential account, usage, and billing-related information ' about the quantity,technical configuration,type, destination, location, and amount of use of a customer's telecommunications services CPNI reflects the telecommunications products, services, and features that a customer subscribes to and the usage of such services, including call detail information appearing in a bill CPNI does not include a customer's name, address, or telephone number , "Detailed Description"is defined in the Select Advantage Service Exhibit "Dynamic Rates" means rates based upon Qwest database entries which may change as described in this Agreement "Early Termination Charge" means an amount equal to 35% of the average monthly charges billed under this Agreement through the ' date of termination multiplied by the number of months remaining in the Term "End User" means Customer's members, end users, customers, or any other third parties who use or access the Services or the QCC network via the Services , "Force Majeure Event" means an unforeseeable event beyond the reasonable control of that party, including without limitation, act of God, fire, flood, labor strike, sabotage, cable cut not caused by QCC, acts of terror, material shortages or unavailability, government laws or regulations,war or civil disorder, or failures of suppliers of goods and services "ISS" means Information Services Schedule posted at the following site and is subject to change http//tariffs gwest corn 8000/idc/groups/public/documents/service agreements/gcc info services pdf "MRC"means monthly recurring charges "NRC"means nonrecurring charges "Order Form" includes both order request forms and quotes issued by QCC If a QCC service requires a quote to validate the Order Form pricing,the quote will take precedence over the order request form, but not over the Service Exhibit. "Regulatory Activity" is a regulation or ruling, including modifications thereto, by any regulatory agency, legislative body or court of ' competent jurisdiction Qwest reserves the right to amend, change, withdraw or file additional Tariffs or RSS in its sole discretion, with such updated Tariffs or RSS effective upon posting or upon fulfillment of any necessary regulatory requirements Q415449 Page 4 Copyright©Qwest All Rights Reserved , CONFIDENTIAL v1 020110 QWEST LOYAL ADVANTAGE®AGREEMENT "RSS" means as applicable QCC's International Rates and Services Schedule posted at ' http//tariffs gwest com 8000hdc/groups/public/documents/rss/htmltoc qcc rss2 htm, QCC's Interstate Rates and Services Schedule posted at http//tariffs gwest com 8000/idc/groups/public/documents/rsslhtmltoc qcc rss no 3 htm, and other rate and term schedules, incorporated by this reference "Service Descn,bons"is defined in the Managed Applications Service Exhibit "State"means one of the 50 states of the United States or the District of Columbia. "Static Rates" means rates that are in effect at the time service is ordered and which may change as described in this Agreement "Tariff' includes as applicable QCC state tariffs, price lists, price schedules,administrative guidelines, catalogs, and rate and term schedules, incorporated by this reference "Taxes"means foreign,federal, state, and local excise, gross receipts, sales, privilege, or other tax(other than net income) now or in the future imposed by any governmental entity(whether such Taxes are assessed by a governmental authority directly upon QCC or the Customer)attributable or measured by the sale price or transaction amount, or surcharges,fees, and other similar charges,which are required or permitted to be assessed on the Customer 1 Q415449 Page 5 Copyright©Qwest All Rights Reserved CONFIDENTIAL v1 020110 QWEST LOYAL ADVANTAGE'AGREEMENT ' EXHIBIT A QWEST®SELECT ADVANTAGE TM SERVICE EXHIBIT 1. General; Definitions. Capitalized terms not defined herein are defined in the Agreement QCC will provide Products and Services (collectively "Solutions") under the terms of the Agreement, the Service Exhibit, the Purchase Order and/or SOW This Service Exhibit may not be used for the purchase of voice, data or IP services In the event of a conflict in any term of any documents that govern the provision of Solutions hereunder, the following order of precedence will apply in descending order of control any SOW, , any Detailed Description(s), this Service Exhibit, the Agreement, and any PO With respect to the Agreement, "Service" is replaced by "Solution" as defined herein, and"Order Form"is replaced with"Purchase Order"as defined herein "CPE" means either (a) Customer Purchased Equipment, or (b) Customer Premises Equipment, and consists of hardware, software and materials used in the transport and/or termination/storage of data and voice transmission "Detailed Description(s)" means the terms and conditions of the Solution provided by QCC which are posted at www QwestSelectAdvantage com "Products"means CPE and Software offerings from QCC "Purchase Order"or"PO" means either(a) a written document issued by Customer for the procurement of Solutions from QCC, or(b)a QCC quote or service order signed by Customer "Services" means offerings from QCC that (a) install, maintain or manage CPE, or (b) support Customer network management objectives "Software" means software license offerings. "SOW" means a statement of work that provides specific details, agreed to by QCC and Customer, relating to the Solution purchased , under a PO or the SOW Agreement on the terms of the SOW will be satisfied by QCC sending the final version of the SOW to Customer, and Customer's signature on the SOW "Change Order" means any change, submitted by Customer to QCC or QCC to Customer, to a SOW that was previously agreed upon by QCC and Customer Customer will be responsible for all charges related to such SOW Change Order , 2. Qwest Select Advantage Solutions. 2.1 Purchase. Customer may purchase Solutions by issuing a PO to QCC, or executing a SOW Customer's purchase of Solutions is subject to and controlled by Detailed Description(s) which are posted at www QwestSelectAdvantage com, and are incorporated by this reference By issuing a PO to QCC, Customer warrants that Customer has read and agrees to the terms and conditions of the Detailed Description(s) Customer's continued use of the Solution constitutes acceptance of those changes Notwithstanding the , preceding, services purchased under the Classic On-Site Premium Detailed Description will be subject to those terms and conditions as attached hereto during the Term of the Agreement If the PO issued by Customer contains any preprinted terms, the preprinted terms will not amend, modify or supplement this Service Exhibit in any way whatsoever, notwithstanding any provisions in a PO to the contrary Any PO or SOW must (a) reference and incorporate this Service Exhibit and its Effective Date, (b) contain the Customer's exact legal name, and(c) include any other requirements as may be further described in the Detailed Description(s) 2.2 Limitation of Liability. WITH REGARD TO ANY SERVICE RELATED CLAIM BY CUSTOMER FOR DAMAGES THAT IS NOT LIMITED BY THE LIMITATION OF LIABILITY IN THE AGREEMENT, QCC'S TOTAL AGGREGATE LIABILITY, UNLESS OTHERWISE STATED IN THE DETAILED DESCRIPTIONS OR SOW, ARISING FROM OR RELATED TO THIS SERVICE EXHIBIT WILL IN NO EVENT EXCEED THREE MONTH'S SERVICE CHARGE 3. Term; Termination. This Service Exhibit will commence on the Effective Date of the Agreement (or, if applicable, an amendment to the Agreement if this Service Exhibit is added to the Agreement after its Effective Date), and will remain in effect until canceled by either party upon 30 days prior written notice to the other party,or as otherwise stated in the SOW If Service is terminated for any reason other than Cause, Service may be subject Termination Charges as set forth in the Detailed Descriptions or SOW Termination will not affect obligations under Purchase Orders accepted prior to the effective date of termination, and this Service Exhibit will remain in effect as to such obligations in the event it would otherwise have terminated 4. Charges. Charges for Solutions will be specified in each PO or SOW and are due and payable upon Customer's receipt of the invoice or as otherwise stated in the PO or SOW Any payment not received within 30 days after the invoice date may be subject to interest charges as permitted by applicable law Solutions are not entitled to the QTA Discount Customer will not be eligible for any discounts or promotional offers other than those specifically set forth in an executed PO Q415449 Page 6 Copyright Q Qwest All Rights Reserved CONFIDENTIAL v1 020110 tQWEST LOYAL ADVANTAGE°AGREEMENT EXHIBIT B ' QWEST®SELECT ADVANTAGETM' DETAILED DESCRIPTION CLASSIC -ON-SITE PREMIUM SERVICE This Qwest Select Advantage Detailed Description ("Detailed Description") is made a part of, and is subject in all respects to, the agreement by and between Qwest Communications Company, LLC ("QCC") f/k/a Qwest Communications Corporation and Customer under which customer is purchasing Products and Services ("Solutions") from QCC ("Agreement"), and governs the Solutions defined herein 1. General, Definitions. Capitalized terms not defined herein are defined in the Agreement ' "Acceptance" means Customer agrees that QCC has provided the Solution as defined herein and that Customer will fulfill its obligation for payment of Solution "Best Effort Network" means any private or public network that can not sustain Quality of Service (QoS) for time sensitive traffic from ' one end point to another "Center" means the QCC Customer Service Center reachable at 800-421-2271 "Covered System" means the PBX, IP-enabled PBX, IP PBX or key system for which QCC will provide maintenance coverage as described herein "End of Life"or"EOL"means equipment or software that is no longer available or supported by the manufacturer or producer. "End of Sale" or"EOS" means new equipment or software that is no longer available for purchase from the manufacturer or producer ' but support and replacement equipment is available from the manufacturer or producer "Engagement" means the period of time between when QCC receives a trouble report from Customer and when the Center confirms with Customer both technician assignment and entitlement to support "Non-Standard Products"means hardware or software purchased from QCC that is not part of QCC standard product portfolio "Field Replaceable Unit"means a circuit board, part, or assembly that can be quickly and easily removed and replaced by a technician without having to send the entire product or system to a repair facility "Hazardous Substance" means a substance regulated by any Safety Regulation and includes, but is not limited to, asbestos. "Lease"means a separate agreement with Qwest Technology Finance used to finance Service. "Local Time"means the time zone in which Covered System is located "Maintenance Term" means the period of time the Product manufacturer will provide Service for Products listed in PO. "Manufacturer Discontinued" or"MD" means equipment or software that is no longer available from the manufacturer or producer but is supported by the manufacturer or producer ' "Response" means the period of time between when QCC and Customer determine remote diagnostic efforts are inadequate to resolve reported problem or a Field Replaceable Unit is identified for replacement and when QCC technician arrives at the site of the Covered System ' "Service" means QCC maintenance of the Covered System, which may include embedded software, in accordance to the manufacturer's specifications "System Integrity" means (a) QCC is the Customer's channel partner of record for Covered System, and (b)all system hardware is(a) under warranty support from QCC, or(b) covered by this Service or other QCC maintenance services ' "Safety Regulations" means all applicable health, safety and environmental laws, rules and regulations, including but not limited to Occupational Safety and Health Administration's and the Environmental Protection Agency's rules and regulations "Zip-to-Zone Guide" means the matrix used by QCC to determine Service and Service Level Agreement availability Availability 1 information will be provided to Customer upon request. 2 Purchasing Customer's PO must include a service quote containing Covered System's (a) part numbers, (b) quantities, (c) descriptions, (d) manufacturer system identifiers and/or serial numbers, (e) maintenance prices, and (f) Maintenance Term QCC will ' provide all necessary labor,tools, and materials, and will repair or replace, at its option, any necessary parts in connection with Service. To the extent that QCC provides labor herein, Customer will provide access to QCC and/or its applicable affiliates, subcontractors and vendors performing such work 3. System Integrity. To receive Service from QCC, Customer agrees to maintain System Integrity QCC reserves the right to deny Service if Customer fails to maintain System Integrity QCC may request Customer to provide documentation demonstrating System Integrity Prior to assuming warranty and or maintenance responsibilities for currently installed equipment, Qwest will perform, at no additional charge, an audit of Customer's systems to ensure that such equipment is in good working order and installed according to manufacturer's specifications("Systems Integrity Audit") Any equipment not meeting this criteria, or not installed in accordance with manufacturers' specifications,will be identified and reviewed with Customer Such equipment or components and/or installation deficiencies will then either(a) be replaced and/or corrected by the current service provider prior to Qwest assuming ' responsibility, or(b) as mutually agreed upon between Qwest and Customer, replaced and/or corrected on a time-and-materials basis by Qwest Q415449 Page 7 Copyright 0 Qwest All Rights Reserved CONFIDENTIAL v1 020110 QWEST LOYAL ADVANTAGE'AGREEMENT I EXHIBIT B QWEST®SELECT ADVANTAGETm DETAILED DESCRIPTION CLASSIC-ON-SITE PREMIUM SERVICE 4. Service Warranty. QCC warrants that Service will be (a) provided in a professional manner in accordance with QCC's standard procedures, (b) performed by appropriately knowledgeable and skilled personnel, and (c) conform to the standards generally observed in the industry for similar services 5. QCC Responsibilities. QCC will perform the following tasks. • Accept trouble reports 24 hours per day, 7 days per week, including QCC observed holidays • Perform trouble isolation 24 hours per day, 7 days per week, including QCC observed holidays , • If QCC and Customer determine an on-site Response is required, QCC will respond within the established response times listed , in the pricing schedule attached to the Agreement as Exhibit C, including QCC observed holidays to continue trouble isolation or implement trouble resolution • QCC will make a reasonable effort to arrive at Customer's site with all required replacement parts , 6. Customer Responsibilities. Customer will perform the following tasks • Provide information to assist QCC in determining Service entitlement • Provide serial numbers and specific location of the Covered System • Assist QCC in accessing the Covered System remotely either by modem or Internet • Provide 30-day notice to QCC of any changes to the Covered System listed on the PO • Provide five-day notice to QCC of any changes to the personnel authorized to contact QCC , • Perform due diligence to protect the Covered System from abuse and misuse • Comply with all manufacturer environmental requirements 7. Trouble Reports. Customer will report problems with the Covered System to Center and QCC will follow then-current methods , and procedures to resolve the trouble report For each trouble report opened, QCC will measure Engagement and Response times QCC will work each reported problem based on priority as defined in this section QCC and Customer will reach an agreement and mutual understanding of the priority of the Trouble Report at the time the trouble is reported to QCC 7.1 Priority 1 (High)—Service Outage: A service outage is the most critical event and is assigned to problems that severely affect ' service, capacity, billing, and maintenance capabilities Customer's staff must be available as required by QCC to aid in problem diagnosis and provide remote or on-site access to the Covered System Examples of priority one events are, • Total or partial network element outage, ' • A reduction in capacity or traffic handling capability such that expected loads cannot be handled, • Failure resulting in dynamic routing, switching capability or transport loss, , • Any loss of safety or emergency capability(e.g , emergency calls such as 911 in North America) • Traffic impacting system restarts, • Loss of billing or accounting capability, • Corruption of billing or system databases that requires service affecting corrective actions, , • Total loss of network-wide functional visibility and diagnostic capability, • Total loss of access to end-to-end provisioning, • Total loss of the ability of the system to provide any required critical major alarms, • System restarts,whether or not the system has recovered or not, and where root cause has not been defined , 7.2 Priority 2 (Medium) — Service Affecting Impairment. These are issues that affect system operation, maintenance or administration and require immediate attention Their priority is lower than a service outage because, while impacted by the service issue,the Customer is not inhibited from conducting business An exampleof a priority two events is ' • Intermittent voice quality issues 7.3 Priority 3 (Low) — Service Affecting Intermittent Impairment: These are issues that intermittently affect system operation, maintenance or administration Due to their transient nature, resolution of these issues may be protracted 7 4 Priority Level 4 , —Customer Inquiry: These are issues that require QCC technical assistance such as software application issues that do not impact service or follow-up to all other reported problems 8. Preventative Maintenance Option If the preventative maintenance option is purchased by Customer, QCC will conduct , maintenance routines in accordance with manufacturer and QCC engineering recommendations These routines will be scheduled 2,4 or 12 times a year depending on the preventative maintenance schedule purchased 9. Service Level Agreement (SLA). QCC will credit Customer in the event QCC fads to complete Engagement within one hour after Customer initiation of a trouble report or complete Response within four hours after determination by Customer and the Center that such Response is required This SLA credit is limited to one month's Service charge of Covered System's components affected by trouble report or all components made unusable due to failed component, whichever is greater Under no circumstances will QCC be required to credit Customer in any one calendar month for charges greater than the monthly charges for affected Service An SLA credit will be applied only to the month in which the event giving rise to the credit occurred This SLA credit only applies if all the following conditions are true (a) Customer has fulfilled all Customer responsibilities in this Detailed Description, (b) Customer has 0415449 Page 8 Copyright©Qwest All Rights Reserved , CONFIDENTIAL v1 020110 ' QWEST LOYAL ADVANTAGE°AGREEMENT EXHIBIT B QWEST®SELECT ADVANTAGETm DETAILED DESCRIPTION ' CLASSIC -ON-SITE PREMIUM SERVICE granted QCC always available remote access to Covered System, (c)the Covered System is located in zone one of OGG's Zip-to-Zone Guide, and (d) the reported trouble has a material impact to Customer QCC must receive a written request for SLA credit from Customer under this section within 30 days of QCC's failure to meet SLA Customer waives SLA credit if Customer fails to provide QCC written request within 30 day period 10. Remote Access Device. As part of the Service, Qwest may install an ION Networks SA500 Remote Access Device ("RAD") at Customer location to allow Qwest to remotely diagnose and resolve problems on Nortel BCM equipment only When connected to the Internet, the RAID initiates contact with the Qwest management platform After authentication, a secure tunnel between the Qwest management platform and RAD is established The RAD can not accept incoming requests and is coded to only contact the Qwest management platform Customer must return the RAID to Qwest within 30 days of termination of the Service If the RAID is not returned Ito Qwest, Customer will be charged$500, unless otherwise agreed to by Qwest and Customer 11. Problem Isolation Billing; Service Exclusions. In the event QCC spends time (a) isolating problems to equipment, software, or LAN/WAN elements that are not part of the Covered Product, or (b) associated with Service exclusions, Customer will pay QCC for such effort at then-current time and material rates Service exclusions include • CPE hardware not listed on the PO • CPE software not listed on the PO unless embedded in the Covered Product • Products missing senal numbers or other identification required by the manufacturer. ' • Problems caused by integration with non-QCC provided hardware or software • Problems associated with Operating Systems not provided by QCC • Product failure due to manufacturer excluded causes such as accident, abuse or misuse Product failure due to non-compliance of electrical or environmental requirements • Product usage not in accordance to manufacturer specification • Failure of Customer to follow proper operating procedures • Servicing not authorized by QCC • Upgrades of software 12. EOS and EOL Products. QCC will make an annual review of Customer's Covered System to identify EOS and EOL equipment and software This Detailed Description excludes EOS and EOL equipment or software from Service Acceptance of a PO for Service does not bind QCC to the maintenance of EOS or EOL equipment or software under this Detailed Description 13. Non-Standard Products QCC may purchase Non-Standard Products on behalf of Customer for the purchasing convenience of Customer QCC will review Customer's Covered System to identify Non-Standard Products Acceptance of a PO for Service does not bind QCC to maintenance of Non-Standard Products Service for Non-Standard Products is provided at the discretion of QCC and is subject to change without notice If QCC discontinues support of Non-Standard Products, QCC will either (a) reimburse customer for Service charges associated with Non-Standard Products if Customer received no benefit, or(b) charge Customer at then-current time and material rates for support of Non-Standard Products 14. Non-Disclosed Pre-Existing Issues. In conjunction with OGG's Systems Integrity Audit, Customer must disclose pre-existing issues that have a material impact to the Covered System and would cause QCC to incur an immediate cost to resolve QCC reserves the right to charge Customer for corrective action associated with such non-disclosed pre-existing issues within the first 90 days of the coverage period QCC waives the right to charge Customer for corrective action if the condition was not noted or discovered in QCC's Systems Integrity Audit 1 15, Voice over Internet Protocol (VoIP) Quality Exclusion. QCC may perform tasks to maintain QoS for VoIP, on behalf of Customer Nevertheless, QCC makes no warranty on the quality of voice/video transmissions over private or public IP network in this Detailed Description Further, QCC does not recommend VoIP deployments over a Best Effort Network Customer acknowledges that quality issues relative to voice/video transmission may occur on a Best Effort Network Issues, such as jitter, echo, and dropped calls may occur with varied degrees of frequency depending on network use and latency Trouble reports that have been isolated and diagnosed as intermittent QoS issues may be billable to Customer at then-current time and material rates. 16. Annual; Progress Billing. The Service charges set forth in the PO are billed and payable on an annual basis The first annual payment is due and payable upon Customer's receipt of QCC invoice, and subsequent payments are due in full at the beginning of each subsequent year throughout the Maintenance Term Customer may request monthly or quarterly billing in writing on a PO QCC may cease providing Service if payment is not made when due 17. Termination. If, prior to the conclusion of the Term, any PO accepted hereunder by QCC is terminated either by Customer for any reason other than Cause or by QCC for Cause, Customer will pay all unpaid charges for Service provided through the effective date of such termination If Customer is progress billed, Customer will also pay the unpaid balance for Service remaining in the Maintenance Term Qwest will reimburse 20%of the charges paid by Customer for Service remaining in the Maintenance Term 18. Lease Option. Customer may pay for Service pursuant to a Lease QCC will provide the Service to Customer and receive payment for the Service from Qwest Technology Finance If Customer fails to execute such Lease or comply with Lease, including Q415449 Page 9 Copyright Q Qwest.All Rights Reserved CONFIDENTIAL v1 020110 QWEST LOYAL ADVANTAGE°AGREEMENT , EXHIBIT B QWEST®SELECT ADVANTAGETm DETAILED DESCRIPTION CLASSIC -ON-SITE PREMIUM SERVICE ' without limitation, any requirements for Acceptance of Service,which results in Qwest Finance Technology's refusal to pay QCC in full for Service, Customer agrees to pay QCC in full for Service 19. Safety Compliance. QCC and Customer will adhere to all Safety Regulations QCC will not work in any area where a , Hazardous Substance is present QCC may work in an area containing non-friable asbestos if QCC determines, in its sole judgment, that the work will not disturb or cause the asbestos to become friable Customer is responsible for informing QCC of the known existence, location and condition of any known Hazardous Substances that may be in or around the QCC work area Customer will indemnify and hold QCC harmless from any fines or other liabilities of QCC arising from Customer's failure to inform QCC of Hazardous Substances Additionally, QCC may suspend work from the time it reasonably identifies areas where Hazardous Substances may be present until the work area is in compliance with all Safety Regulations Any such suspension is not a default of the Agreement, and any delays from the suspension may result in a similar delay in work completion, without penalty to QCC If the parties cannot agree whether QCC's work can be performed through completion without a violation of Safety Regulations, or cannot agree to payment of added costs, if any, either party may terminate the Agreement without penalty Such termination will not affect Customer's obligation to pay for Service provided by QCC prior to the effective date of termination 20. Critical Maintenance Components Provided Customer upgrades its equipment and parts prior to manufacturer End of Life , dates, and to the extent within Qwest's control and consistent with its revolving stocking procedures, QCC will maintain a sufficient inventory of replacement components that are critical to maintenance of the Service QCC and Customer will jointly develop a list and stocking schedule for the critical components Failure to comply with the responsibilities in this section that results in damages beyond , the Limitation of Damages provided in the Agreement shall be deemed a material violation for purposes of termination of the Agreement Q415449 Page 10 Copyright©Qwest All Rights Reserved , CONFIDENTIAL v1.020110 ' QWEST LOYAL ADVANTAGE®AGREEMENT EXHIBIT C PRICING SCHEDULE 1 City Address Equipment ISM Peripherals Coverage Business Major Minor Price Building Count Hours Hours Alarm Alarm Response Response tCity Hall 220 4th 81 C +MC32+ 1000 CallPllot M 8a-5p One (1) 24 Hours $25,447 86 Avenue S Sig Server 1200 Mbox, Hour CC6 0 34 agents, MIRAN 2 medium, MIRAN medium, OTM Commons 525 4th Mini Carrier 35 8a-5p 6a-10p Two(2) 24 Hours $691 60 Avenue N Remote Hours Fire Station 24611 116th 61 C 236 8a-5p 24 x 7 One(1) 24 Hours $4,394 32 74 HQ Ave S E Hour Fire Station 504 W Mini Carrier 19 8a-5p 24 x 7 Two (2) 24 Hours $375 44 ' 71 Crow Remote Hours Fire Station 25620 140th Mini Carrier 11 8a-5p 24 x 7 Two (2) 24 Hours $217 36 72 Ave S E Remote Hours Fire Station 26512 Mini Carrier 26 8a-5p 24 x 7 Two(2) 24 Hours $513 76 73 Military Remote Hours Road S Fire Station 15635 S E Mini Carrier 33 Ba-5p 24 x 7 Two(2) 24 Hours $652 08 75 272nd Remote Hours Fire Station 20676 72nd Mini Carrier 29 8a-5p 24 x 7 Two(2) 24 Hours $573 04 76 Avenue Remote Hours Fire Station 20717 Mini Carrier 25 Ba-5p 24 x 7 Two(2) 24 Hours $494 00 77 132nd Remote Hours Avenue S E Fire Station 17852 SE SRG (VoIP) 30 8a-5p 24 x 7 Two (2) 24 Hours $592 80 78 25611, Hours Covington ShoWare 625 W Branch Office 142 24 x 7 Vanes- One (1) 24 Hours $3,131 10 Center James (VOIP) Events Hour ' Street Municipal 1220 SRG (VoIP) 30 8a-5p 8a-5p One (1) 24 Hours $558 60 Court Central Hour Avenue S Police 1230 Mini Carrier 36 24 x 7 24 x 7 One(1) 24 Hours $670 32 Corrections Central Remote Hour Facility Avenue S ' Public 5821 S Mini Carrier 25 8a-5p 7a-5p One(1) 24 Hours $494.00 Works 240th St Remote Hour Shops (West Side) Riverbend 2019 W Mini Carrier 15 6a- 10p Two (2) 24 Hours $296 40 ' Golf Course Meeker Remote Hours Complex Resource 315 E Mini Carrier 17 8a-5p 8a-5p Two (2) 24 Hours $335 92 Center Meeker Remote Hours Senior 600 E Mini Carrier 23 8a-5p 8 30-5p Two (2) 24 Hours $454 48 Center Smith Remote Hours Q415449 Page 11 Copyright©Qwest All Rights Reserved CONFIDENTIAL v1 020110 QWEST LOYAL ADVANTAGE®AGREEMENT , EXHIBIT C PRICING SCHEDULE Annual Total Year 1: $39,893 08 Annual Total Year 2 (see note): $41,089.87 Annual Total Year 3 (see note): $43,144.37 Annual Total Year 4(see note): $45,301.68 Annual Total Year 5 (see note): $47,566 66 Quarterly Total Year 1: $9,973.27 t Quarterly Total Year 2(see note): $10,272 47 Quarterly Total Year 3 (see note): $10,786.09 Quarterly Total Year 4(see note): $11,325.40 Quarterly Total Year 5(see note): $11,891.67 Note: Annual renewal pricing based upon the ISM count remaining the same Qwest will perform a Port Count true-up to determine appropriate increases or decreases as required Summary of additional Labor Options: Hourly MAC Technician Rate, $76.00 Standard Time , Hourly MAC Technician Rate, $114 00 Overtime , Q415449 Page 12 Copyright©Qwest.All Rights Reserved ' CONFIDENTIAL v1 020110 1 Kent City Council Meeting Date July 6, 2010 Category Consent Calendar - 6D 1. SUBJECT: VACATION OF S. 268T" ST., EAST OF 40TH AVENUE SOUTH AND WEST OF 42ND AVENUE SO. - RESOLUTION SETTING HEARING DATE - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. setting August 3, 2010, as the date for the public hearing regarding a Street Vacation Ordinance and Agreement for South 268th Street, between Federal Way School District and the City of Kent to vacate a portion of South 268th Street between 42no Avenue South and 40th Avenue South. The Federal Way School District has requested the vacation of a portion of unopened South 268th Street in order to place portable classrooms upon portions of the roadway. Staff recommends Council approve the vacation in accordance with the conditions provided by the Street Vacation Agreement which include utility relocation and pedestrian/bicycle pathway improvements at the School District's expense. 3. EXHIBITS: Resolution; Memo dated 6/17/2010; Location Maps; Street and/or Alley Vacation Application & Petition; and Street Vacation Agreement 1 4. RECOMMENDED BY: Public Works 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 tDISCUSSION: ACTION: RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to the vacation of a portion of the right-of-way for South 2681h Street between 42nd Avenue South and 40th Avenue South, located in the City of Kent, Washington; and scheduling the public hearing on this proposed street vacation to August 3, 2010. RECITALS A. The District is the sole underlying fee owner of the City's right-of-way for South 268th Street between 42nd Avenue South and 40th Avenue South in Kent, Washington. B. The District has petitioned for vacation of the right-of-way herein described and intends to place portable classrooms upon the property. C. The right-of-way has not been opened to vehicular travel and ' the Public Works Department and Planning Division will support the vacation subject to certain terms and conditions to be satisfied by the ' District. D. RCW 35.79 requires a public hearing on street vacations. 1 Street Vacation - ' South 268'h Street Resolution NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Public Hearing. A public hearing on the street t vacation petition requesting the vacation of a portion of the right-of-way on South 268th Street between 42"d Avenue South and 40th Avenue South, shall be held at regular meeting of the Kent City Council at 7:00 p.m., Tuesday, August 3, 2010, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION 2. - Notice. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Chapter 35.79 RCW. SECTION 3. - Information. The Public Works Director shall obtain any other necessary information from appropriate departments and shall , transmit the information to the Council so that the Council may consider the matter at its regularly scheduled meeting on August 3, 2010. SECTION 4. - Severability. If any section, subsection, paragraph, j 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. SECTIONS. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and ' affirmed. SECTION 6. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are , 2 Street Vacation - South 268th Street , Resolution 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. 1 SECTION 7. - 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 , 2010. CONCURRED in by the Mayor of the City of Kent this day of 2010. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: t TOM BRUBAKER, CITY ATTORNEY ' I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2010. 3 Street Vacation - ' South 268`h Street Resolution BRENDA ]ACOBER, CITY CLERK P:\Qvil\Resolution\STR Vac South 268 docx 4 Street Vacation - South 268th Street ' Resolution 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: June 17, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 21, 2010 From: Mike Gillespie, Development Manager Through: Timothy J. LaPorte P.E., Public Works Director Subject: Application to Vacate Unopened S. 268th St., (East of 40th Ave. S. and West of 42nd Ave. S) Motion: Move to recommend Council adoption of a resolution setting a public hearing date of Tuesday, August 3, 2010 to consider vacating a portion of unopened South 268th Street, lying east of 40th Avenue S. and West of 42nd Avenue S. Summary: The Federal Way School District, Number 210, is seeking vacation of the above referenced road in order to place portable classrooms upon portions of the roadway. The school district which owns property on both sides of South 268th Street deeded the 30 foot road to King County in 1956 (recording number 4918219). The City of Kent annexed the area in 1975 under ordinance 1904. The City of Kent, Puget Sound Energy and Qwest all have facilities or lines within the street portion to be vacated. The school district is preparing to relocate any affected utilities in con unction with this vacation and a boundary line adjustment it will apply for upon successful completion of the vacation process. The decision by the applicant to not also request vacation of 42nd Avenue South, also an unopened right of way, preserves public access to the school district properties from S. 270th and pedestrian traffic to Downing Ave and Carnaby St in the plat of Cambridge, Division 6, over a walk way between lots 28 and 29 in that plat. Conditions for the vacation are included in the attached "Street Vacation Agreement," which the District has agreed to sign upon Council's approval of the vacation application. 1 Budget Impact: None ' P\Pub1ic\Nancy\PWCommittee\06 21 10 doc Unnamed S S 2dtS St� � st SP c ' 1 u I ' t ?4 f St �+ LIN �Q�s'24S`St 4 � 3248 Sl—�-� } 4 \,1}P I3 S 249 St- �rf� !r Pz 2 5 5 cn a E3 N M S 2 50''lst) � �FP r S 251 !It S250 PI 'S251 SO a S25t PI SF52St=�� SI251�Ct o d �S2g St F I' n To- ( !/ S 2..2 St Lt' Q S� p r��y fl J $2S Pt ! S252 PI I(!? !1&r J}( ( f( s —v , I 5253 Pt 71 a =S254 St �f „j �' Unrl$med3 n it J((f�f3255 St (`1 L S $4�r K a Iro255St-111� ( 1 (/ n. a Unnamed 1 r•—C S255 PI 5256 St 111 s2 Ilst� �'�s253 st�N �' F � � II a. a ,.J a� ¢ N rn C`u ) ` 7ty � ! 4 ¢ rg�57 3t N 5 25T S N SUU259 PI pyJf S260 Ln /f r-S 250 St ¢ C ¢ rn d � '`�-----s 201 st=Q V Gsze1 Pl� y szsz st I — C/,_g !t j EL I II �szes st I t_ m`� a , � �=szasst=; s 2at st I! > i •�g�` IQ` So s sat Ln* 1Jj CnCr v S265St < ?OR s �'� 7 att �S 1TREET VACAll N r v csr ;�� y � 6Rter�lry; r ' a L � (tomsz5sst ro4 u�f �S 209�5� �I '} Carnn 8t`'`.�_�..�--`�" S270 111 2 ,j p (ys 270 s: s ` C v c� 5 2 70 5t \1 M `'-S 270 5t } l t <( S 271'pl a a. �„•, a Jill b� C Proposed Vacation - So. 268th Street r y ` 71 - Y Hampton)t'ty_„r� 1 ra V ita4 . .S Z Y Y 9 Camber., Ct ";i E am Portion to be vacated y -97 �t§ iW; MW {,. Co- S2PIH n Ys'R'M �t MY 1, PIK ^_ sty., 13�»L✓"r'__...._.�_ ttt"' Pedestrian Walkwayt �` �f �,w.a� _r.,IR — ''aYrklfXY�Rc" ii, i * `"" + % + . " rr# +: ^ � ' ':r ", a' At- w h im At 1 +» -a^..°:ems.,^.-L .�__. .. ,�..,... ''" r Sz ✓i t� - o-u_ „"-«• Llk Ll '.w�9fl 11 UfGlsthv atvadi.m?al Rtg T;ec Tracking Number-I C507 I Project Name {e D 1 Date Submitted_5/7�y ` e Application received by._C�n!!_'{ • KENT � � � � � � Wws....+cr o.i STREET AND/OR ALLEY APR — Z��? VACATION APPLICATION AND PETITION CITY OF KENI CITY CLERK Applicant/Contact Federal Way Public Schools Contact Person Mike Bowen (ESM Consulting Engineers) Address 181 S 333`d Street, Bldg C, Suite 210 City Federal Way, WA 98003 ' Phone 253-838-6113 (Mike Bowen) 253-945-5934 (Rod Leland, FWPS Facilities) E-mail mike.bowen@esmcivil corn Dear Mayor and Kent City Council. We, the undersigned abutting property owners, hereby respectfully request that certain ❑ Alley K Street hereby be vacated described as follows (include square feet). D ABUTTING-, PROPERTY OWNERS Assessor's Parcel Number/L-GAL- SIGNATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC.TWN.RNG. ' Federal Way School District No. 210 APN# 2722049152 -SW1/4 NW1/4 SE1/4 & 26630 `h A3,.,K,e WA 98032 SE1/4 NE1/4 SW1/4 LESS STREETS S27,T22N, R4E Federal Way School District No 210 APN# 2722049112, 2722049026 - E 5AC 4014, 0`"S Ke A 9 032 N1/2 W 30 AC SE1/4 SW1/4 LESS CO RDS // , �,, & E 5AC N1/2 SE1/4 SW1/4 LESS CO RDS /on S27,T22N, R4E $150 00 Fee Paid -32 Ma Treasurer's Receipt No.: Appraisal Fee Paid Treasurer's Receipt No.: Land Value Paid Treasurer's Receipt No.: Deed Accepted Date: Trade Accepted Date: 1 1 P YlubhelPropertyManagementVarylPamsyWorms%Vacatm App doc Please submit the following and attached: ❑ A brief statement about why the vacation is being sought. ❑ A "CURRENT" ownership and encumbrance report must be obtained from a Title Company and submitted with this application that covers all the abutting properties contiguous to alley or street sought to be vacated. When Corporations, partnerships, etc. are being signed for, proof of individual's authority to sign for same shall also be submitted. ❑ A color-coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ❑ The abutting property owner's original signatures, addresses, assessor's parcel numbers and abbreviated legal description, e.g., lot, block & plat name or 1/4 section, township and range P\Pubbc\PropertyManagementVerry\Forms\PMForms\Vacatron App dnc , 1 April 12,2010 Job No. 246-019-010 r Mr. Frank Grewell, Property Services Technician City of Kent- Land Survey/Public Works Division 220 Fourth Avenue South Kent,WA 98032 RE: Amending Application for Proposed Vacation- Permit RESV-2100714 Federal Way Public School District No. 210 Dear Mr. Grewell: Federal Way Public School District No. 210 would like to AMEND the application for the proposed street vacation. The district desires to have their occupancy permit for the proposed portable classrooms when classes start in September, 2010 With the recent revelation that 2/3rds of the abutters must sign the petition,the district is concerned that the occupancy deadline may not be met under this condition. Consequently, we would like to remove 4211d Avenue S. from this application. This is the 30'strip of land on the east side of Parcel # 2722049026 running in a north-south direction as shown on the enclosed map exhibit By removing this strip from the application, we understand that there will be no additional signatures required other than those of the district Vacation of this strip may be pursued at a later date under a separate application. Please contact me if you have any questions or comments. Very truly yours, rESM CONSULTING ENGINEERS, LLC. pKii W/ 4_64A-4-� MICHAEL R BOWEN, PLS 1 Sr.Vice President/Director of Survey Enclosures I lesm-jobs52 4 6101 910 071dooumertilletter-M2 doe ESM Feder,Wey E5M Erare,, ISM Ew,rn Waahinglon w vd Fng.na<•nt^, lart>Lxnn u 161 5 333rd St,Bldg C.Ste 210 1010 SE Everett Matt Way,Ste 203 2211 W Belarway Rd,Ste I ,n.�d rta,vvri'tg !a�Gacact Ar.k�tartura Federal Wry,WA 76003 Ewnll WA 90204 EBenaburq,WA t6t2{ 253 036 4113 let 425 297 9900 let S09 U2 2608141 3A Carta S_an a.ng W r $00.345 5694 loll free 466 A$S 4144 loll fret 677162 Z6051.11 free ww: axon<•.d pm 253 938 7194 lax 425 297 9tfll tax 509 962,2611 tax r March 18, 2010 Job No. 246-019-010 Mr. Frank Grewell, Property Services Technician City of Kent- Land Survey/Public Works Division 220 Fourth Avenue South Kent,WA 98032 RE: Proposed Vacation of Portions of S. 26e St and 42nd Avenue S. Federal Way Public School District No. 210 Dear Mr. Grewell: Federal Way Public School District No. 210 seeks the vacation of the unopened portions of the right-of-ways for S. 26& Street and 42nd Avenue S. adjoining their properties listed with the King County Assessor's office under parcel numbers 2722049152, 2722049112 and 2722049026. The interest in said right-of-way lands is conveyed to the County by quit claim deed recorded under King County Recording Number 4918219. The District proposes use of areas to be vacated for placement of portable classroom units. Utility easement rights will remain over areas to be vacated. Please contact me if you have any questions or comments. Very truly yours, ESM CONSULTING ENGINEERS, LLC. dLo DANIEL RARE, LSIT Sr.Survey Technician Enclosures ' 11esmlobs124610t910Y71documentileder-001 doe ESM Federal Way ESM Everett ESM Eastern Washington C vil,Enginoorm9 t and Rlonnmq l81 5 333rd 51 Bldg C,Sle 210 7010 SE Evero l Mall Way Ste 203 221 t W Aolarwav Rd Sle i Federal Way WA 98003 Everett WA 9B2D8 Ellensburg WA 98426 Land Surveying Landscape Archnectura 253 838 6113 Tel 425 297$900 lot SO 962 260B let 30 Loser Stunning GIs 800 345 5694 loll free 066 416 6144 toll tree $77 962.260E loll free aviw osmcwll core 253 838 71 CA fax 425 297 9901 tax 509.962 2611 fax Ie ,x o w 34 0 C j0Q a %a U v U 3 8 W 2 s° a 3 U) m }NI m Q W z Q U m tp Q U LL O F ' 5 ' 1 , a "S 3l1N3AV SNWMCO n N C! M cNi W NM'3 f N'N ZZ L'LZ o3s Y/t 3S 's/t MN'1/t Am 3Nn iso 'S anNa"UNZ>' % Y � O < Q$ W O O_ N m \ lSJ c 1 o� N J}, z N y o U O NW %Y WU Y.Y W �'� V61O a" W 00_NmwwH ^WN Z 8 NNN>Om Sj W Q *svNnc°' zo. ss 'N 3 ui !is z� o� .0S W �F R� N W N D2Y ow F- a` CC O K ttt�l 3 Z ry O x! \ WOE w e WO S 311N3AV H106 I- 2 : Im WO N 6 1 (O 00 d IN uz R �U O W � 6 Form No 14 Subdivision Guarantee Guarantee No NCS-326627-Wql 1 t 1 U�4r1 ?TEE= . Issued by First American Title Insurance Company 818 Stewart Street, Suite 800, Seattle, WA 98101 Title Officer., Mike Cooper Phone: (206)728-0400 FAX (206)448-6348 First American Tit/e Insurance Company Form No 19 Guarantee No NCS-326627-WAl Page No 1 Subdivision Guarantee(4-10.75) w First American Title Insurance Company Na Uona/Commercial Services 818 Stewart Street, Suite 800, Seattle,WA 98101 (206)728-0400 - (800)526-7544 FAX(206)448-6348 _ Mike Cooper Vincent Nguyenpham (206)615-3107 (206)615-3267 mcooper@firstam.com vnguyenpham@firstam.com SIXTH SUBDIVISION GUARANTEE LIABILITY $ 3,000.00 ORDER NO.: NCS-326627-WAI FEE $ 500.00 TAX $ 44.50 YOUR REF,: 26630 40th Ave.S., Kent, WA 98032 First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES ESM Consulting Engineers,LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.0 W., and the local regulations and ordinances adapted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: April 22, 2010 at 7:30 A.M. RrstAmencan Title Insurance Company I Form No 14 Guarantee No, NCS-326627-WAS Subdivision Guarantee(4-10-75) Page No:2 SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Federal Way School District#210, King County, Washington B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the 1 issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: PARCEL A: SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 4, EAST W.M., IN KING COUNTY, WASHINGTON. EXCEPT THAT PORTION CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING N0, 5561010, IN KING COUNTY, WASHINGTON. PARCEL B: THE EAST 5 ACRES OF THE NORTH HALF OF THE WEST 30 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27,TOWNSHIP 22 NORTH, RANGE 4 EAST W.M., IN KING COUNTY,WASHINGTON. EXCEPT THAT PORTION FOR STREETS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 4918219, IN KING COUNTY,WASHINGTON. PARCEL C: THE EAST 5 ACRES OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27,TOWNSHIP 22 NORTH, RANGE 4 EAST W M., IN KING COUNTY, WASHINGTON. EXCEPT THAT PORTION FOR STREETS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 4918219, IN KING COUNTY,WASHINGTON. First American Title Insurance Company Form No 14 Guarantee No.,NCS-326627-WAI Subdivision Guarantee(4-10-75) Page No, 3 APN: 272204-9152-06, 272204-9112-05 and 272204-9026-00 1 First Amer/can Title Insurance Company Form No 14 Guarantee No:NCS-326627-WAI Subdivision Guarantee(4-10-75) Page No:4 RECORD MATTERS: 1. This item has been intentionally deleted. 2. The terms and provisions contained in the document entitled "Ordinance No. 1904" recorded April 17, 1975 as Recording No. 7504170427 of Official Records. 3. Easement, including terms and provisions contained therein: Recording Information: January 18, 1977 under Recording No. 7701180671 In Favor of: Pacific Northwest Bell Telephone Company, a Washington corporation, its successors and assigns For: Communication lines Affects: Parcel A 4. This item has been intentionally deleted. 5. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey r recorded July 22, 2005 under Recording No 20050722900017, recorded in Volume 190 of surveys, at Page 131, in King County, Washington. The easement depicted on said survey has been released of record. 6. Easement, including terms and provisions contained therein: Recording Information: January 5, 2006 under Recording No. 20060105000858 In Favor of: Qwest Corporation, a Colorado corporation For: To construct, reconstruct, modify, change, add to, operate, maintain, and remove such telecommunications facilities, electrical facilities and appurtenances Affects: Parcel A 7. Easement, including terms and provisions contained therein: Recording Information: May 3, 1969 under Recording No. 6509715 In Favor of: City of Kent For: Sewer utilities Affects: Parcel A 8. The matters that may be disclosed upon recordation of the final subdivision. 9. Delinquent taxes may be subject to foreclosure proceedings by King County. Additional amounts may also be owing in connection with the foreclosure process. We note Special Charges for the year 2010 in the amount of$14.95,of which $14.95 has been paid. Balance due: $0.00. (Affects Parcel A) 10. Delinquent taxes may be subject to foreclosure proceedings by King County. Additional amounts may also be owing in connection with the foreclosure process. First American Title Insurance Company t Form No 14 Guarantee No•NCS-326627-WAI Subdivision Guarantee(4-10-75) Page No-5 We note Special Charges for the year 2010 in the amount of$12.69, of which $12.69 has been paid. Balance due: $0.00. (Affects Parcel B) 11. Delinquent taxes may be subject to foreclosure proceedings by King County. Additional amounts may also be owing in connection with the foreclosure process. We note Special Charges for the year 2010 in the amount of$12.08, of which $12.08 has been paid. Balance due: $0 00. (Affects Parcel C) 12. Covenants, conditions and restrictions contained in a deed recorded August 2, 1956 as document no. 4669870 relating to, among other things- This property is to be used for an Elementary School Site and reverts back to the County if not used for that purpose. (Affects Parcel C) ' 13. Easement, including terms and provisions contained therein: Recording Information: January 26, 1976, Recording No. 7601260018 In Favor of: City of Kent, a municipal corporation For: A right-of-way or easement for sanitary sewers Affects: Parcel B L 14. Right to make necessary slopes for cuts or fills upon said premises for 39th Avenue South, south 268th Street and 42nd Avenue South as granted by deed recorded July 3, 1958 under recording no. 4918219. ti 1 I FlstAmencan Title Insurance Company Form No 14 Guarantee No•NCS-326627-WAI Subdivision Guarantee(4-10.75) Page No,6 1 INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. . 1 i i 1 FlrstAmencan Title Insurance Company Form No 14 Guarantee No.:NCS-326627-WAI Subdivision Guarantee(4-10-75) Page No,7 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE I Except to the extent that specific assurance are provided in Schedule A of this Guaranteer the Company assumes no Lability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters against the title,whether or not shown by the public records (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property,or,(2)Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under(1)or(2)are shown by the records of the taxing authority ,,by the public records. (c) (1) Unpatented mining claims,(2)reservations or exceptions in patents or in Acts authorising the Issuance thereof,(3)water rights,claims or title to water,whether or not the matters excluded under(1),(2)or(3)are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for less or damage by reason of the I following (a) Defects,liens,encumbrances,adverse claims or other matters affecting the title to any property beyond the hues of the land expressly described in the description set forth in Schedule(A),(C)or in Part 2 of this Guarantee,or title to streets,roads,avenues,lanes,ways or waterways to which such land abuts,or the tight to maintain therein vaults,tunnels,ramps,or any structure or Improvements,or any rights or easements therein,unless such property,rights or easements are expressly and specifically set forth in said descripuon {I) Defects,liens,encumbrances,adverse claims or other matters,whether or not shown by the public records,(1)which are created,suffered,assumed or agreed to by one or more of the Assureds, (2)which result in no loss to the Assured, or(3)which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided (c) The identity of any party shown or referred to in Schedule A. (d) The validity,legal effector priority of any matter shown or referred to In this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean any fees,costs or expenses incurred by an Assured in the defense of those causes of (a)the"Assured" the party or parties named as the Assured in this Guarantee,or action which allege matters not covered by this Guarantee, on a supplemental writing executed by the Company, (c)Whenever the Company shall have brought an action or interposed a defense (b)"land" the land described or referred to in Schedule(A)(C)or in Part 2,and as permitted by the provisions of this Guarantee, the Company may pursue any Improvements affixed thereto which by law constitute real property The term"land" litigation to final determination by a court of competent jurisdiction and expressly does not include any property beyond the lines of the area described or referred to in reserves the right,in Its sole discretion,to appeal from an adverse judgment or order Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in (d) In all cases where this Guarantee permits the Company to prosecute or abutting streets,roads,avenues,alleys,lanes,ways or waterways provide for the defense of any action or proceeding, an Assured shall secure to the (c)"mortgage",mortgage,deed of trust,trust deed,or other security instnanent. Company the right to so prosecute or provide for the defense of any action or (d) "public records" , records established under state statutes at Date of proceeding and all appeals therein,and permit the Company to use,at its option,the Guarantee for the purpose of imparting constructive notice of matters relating to real name of such Assured for this purpose, Whenever requested by the Company, an property to purchasers for value and without knowledge Assured,at the Company's expense,snall give the Company all reasonable aid in any (e)"date" the effective date, action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be 2. Notice of Claim to be Given by Assured Claimant, necessary or desirable to establish the title to the estate or Interest as stated herein, An Assured shall notify the Company promptly in writing in case knowledge shall or to establish the lien rights of the Assured If the Company is prejudiced by the come to an Assured hereunder of any claim of title or Interest which is adverse to the failure of the Assured to furnish the required cooperation,the Company's obligations title to the estate or interest,as stated herein,and which might cause loss or damage to the Assured under the Guarantee shall terminate for which the Company may be liable by virtue of this Guarantee If prompt notice shall not be given to the Company,then all liability of the Company shall terminate S. Proof of Loss or Damage. with regard to the matter or matters for which prompt notice is required, provided, In addition to and after the notices required under Section 2 of these Conditions and however, that failure to notify the Comoany shall in no case prejudice the rights of Stipulations have been provided to the Company,a proof of loss or damage signed any Assured under this Guarantee unless the Company shall be prejudiced by the and sworn to by the Assured shall be furnished to the Company within ninety (90) failure and then only to the extent of the prejudice, days after the Assured shall ascertain the facts giving rise to the loss or damage The proof of loss or damage shall describe the matters covered by this Guarantee which 3. No Duty to Defend or Prosecute. constitute the basis of loss or damage and shall state, to the extent possible, the The Company shall have no duty to defend or prosecute any action or proceeding to basis of calculating the amount of the loss or damage If the Company is prejudiced which the Assured is a party, notwithstanding the nature of any allegation in such by the failure of the Assured to provide the required proof of loss or damage, the action or proceeding Company's obligation to such Assured under the Guarantee shall terminate In addition, the Assured may reasonably be required to submit to examination under 4. Company's Option to Defend or Prosecute Actions, Duty of Assured oath by any authorized representative of the Company and shall produce for Claimant to Cooperate. examination,inspection and copying,at such reasonable times and places as may be Even though the Company has no duty to defend or prosecute as set forth in designated by any authorized representative of the Company, all records, books, Paragraph 3 above ledgers,checks,correspondence and memoranda,whether bearing a date before or (a)The Company shall have the right,at its sole option and cost,to institute and after Date of Guarantee,which reasonably pertain to the loss or damage Further,if prosecute any action or proceeding, interpose a defense, as limited in(b), or to do requested by any authorized representative of the Company,the Assured shall grant any other act which in its opinion may be necessary or desirable to establish the title its permission, in writing, for any authorized representative of the Company to to the estate or interest as stated herein, or to establish the lien rights of the examine, inspect and copy all records, books, ledgers, checks, correspondence and Assured,or to prevent or reduce loss or damage to the Assured. The Company may memoranda in the custody or control of a third party,which reasonably pertain to the take any appropriate action under the terms of this Guarantee,whether or not It shall Loss or Damage All information designated as confidential by the Assured provided be liable hereunder,and shag not thereby concede liability or waive any provision of to the Company,pursuant to this Section shall not be disclosed to others unless, in this Guarantee If the Company shall exercise its rights under this paragraph,R shall the reasonable judgment of the Company, it is necessary in the administration of the do so diligently claim Failure of the Assured to submit for examination under oath, produce other (b)If the Company elects to exercise Its options as stated in Paragraph 4(a)the reasonably requested information or grant permission to secure reasonably necessary Company shall have the right to select counsel of its choice(subject to the right of information from third parties as required in the above paragraph, unless prohibited such Assured to object for reasonable cause)to represent the Assured and shall not by law or governmental regulation,shall terminate any liability of the Company under be liable for and will not pay the fees of any other counsel,nor will the Company pay this Guarantee to the Assured for that claim Form No 12V(Rev 12/15195) Arst American Title Insurance Company 6. Options to Pay or Otherwise Settle Claims:Termination of Liability. (c)The Company shall not be liable for loss or damage to any Assured for liability In case of a claim under this Guarantee, the Company shall have the following voluntarily assumed by the Assured n setting any claim or suit without the addnuonat options. prior written consent of the Company (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness 9. Reduction of Liability or Termination of Liability. The Company shall have the option to pay or settle or compromise for or in the name All payments under this Guarantee, except payments made for costs, attorneys'fees of the Assured any claim which could result in loss to the Assured within the coverage and expenses pursuant to Paragraph 4 shall reduce the amount of liabi ity pro tanto of this Guarantee,or to pay the full amount of this Guarantee or,if this Guarantee is issued for the benefit of a herder of a mortgage or a henholder, the Company shall 10, Payment of Loss. have the option to purchase the indebtedness secured by said mortgage or said lien (a)No payment shall be made without producing this Guarantee for endorsement for the amount owing thereon,together with any costs,reasonable attorneys'fees and of the payment unless the Guarantee has been lost or destroyed, In which case proof expenses Incurred by the Assured claimant which were authorized by the Company up of loss or destruction shall be furnished to the satisfaction of the Company to the time of purchase (b) When habihty and the extent of loss or damage has been definitely fixed in Such purchase, payment or tender of payment of the full amount of the Guarantee accordance with these Conditions and Stipulations, the loss or damage shall be shall terminate ail liability of the Company hereunder. In the event after notice of payable within thirty(30)days thereafter, claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said 11. Subrogation Upon Payment or Settlement. indebtedness,together with any collateral security,to the Company upon payment of Whenever the Company shall nave settled and paid a claim under this Guarantee,all the purchase price right of subrogation shall vest In the Company unaffected by any ad of the Assured Upon the exercise by the Company of the option provided for in Paragraph (a) the claimant. Company's obligation to the Assured under this Guarantee for the claimed loss or The Company shall be subrogated to and be entitled to all rights and remedies which damage, other than to make the payment required in that paragraph,shall terminate, the Assured would have had against any person or property in respect to the claim had including any obligation to continue the defense or prosecution of any litigation for this Guarantee not been issued If recuested by the Company, the Assured shalt which the Company has exercised its cptions under Paragraph 4, and the Guarantee transfer to the Company all rights and remedies against any person or property shall be surrendered to the Company for cancellation necessary in order to perfect this right of subrogation The Assued shall permit the (b)To Pay or Otherwise Set'le With Parties other Than the Assured or With the Company to sue, compromise or settle in the name of the Assured and to use the Assured Claimant name of the Assured in arty transaction or litigation involving these rights or remedies To pay or otherwise settle with other parties for or in the name of an Assured claimant If a payment on account of a claim does not fu11y cover the loss of the Assured the any claim Assured against under this Guarantee,together with any costs, attorneys' Company shall be subrogated to all rights and remedies cf the Assured after the fees and expenses incurred by the Assured claimant which were authorized by the Assured shall have recovered its principal,interest,and costs of collection Company up to the time of payment and which the Company is obligated to pay Upon the exercise by the Company of the option provided for+n Paragraph(b)the 12. Arbitration. Company's obligation to the Assured under this Guarantee for the claimed loss or Unless prohibited by applicable law,either the Company or the Assured may demand damage,other than to make the payment required in that paragraph, shall terminate, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration including any obligation to continue the defense or prosecution of any litigation for Association, Arbitrable matters may include, but are not limited to,any controversy or which the Company has exercised its options under Paragraph 4 claim between the Company and the Assured arising out of or relating to this Guarantee,any service of the Company in connection with its issuance or the breach 7. Determination and Extent of Liability. of a Guarantee provision or other obligation All arbitrable matters when the Amount This Guarantee is a contract of Indemnity against actual monetary loss or damage of Liability is$1,000,000 or less shall be arbitrated at the option of either the Company sustained or incurred by the Assured claimant who has suffered loss or damage by or the Assured. All arbitrable matters wren the amount of liability is in excess of reason of reliance upon the assurances set forth in this Guarantee and only to the $1,000,000 shall be arbitrated only when agreed to by both the Company and the extent herein described, and subject to the Exclusions From Coverage of This Assured. The Rules in effect at Date of Guarantee sha:l be binding upon the parties Guarantee The award may include attorneys'fees only if the laws of the state in which the land is The Liability of the Company under this Guarantee to the Assured shall not exceed the located permits a court to award attorneys'fees to a prevailing party Judgment upon least of the award rendered by the Arbitrator(s) may be entered in any court having (a)the amount of liability stated in Schedule A or in Part 2; jurisdiction thereof (b)the amount of the unpaid principal Indebtedness secured by the mortgage of an The law of the situs of the land shall apply to an arbitration under the Title Insurance Assured mortgagee, as I mded or provided under Section 6 of these Conditions and Arbitration Rules Stipulations or as reduced under Section 9 of these Conditions and stipulations, at the A copy of the Rules may be obtained from the Company upon request time the loss or damage Assured against by this Guarantee occurs, together with interest thereon,or 13. Liability Limited to This Guarantee;Guarantee Entire Contract (c) the difference between the value of the estate or interest covered hereby as (a)This Guarantee together with all endorsements, if any, attached hereto by the stated herein and the value of the estate or interest subject to any defect, lien or Company is the entire Guarantee and contract between the Assured and the encumbrance Assured against by this Guarantee Company In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole S. Limitation of Liability. (b)Any claim of loss or damage,whether or not based on negligence,or any action (a) If the Company establishes the title, or removes the alleged defect, lien or asserting such claim,shall be restricted to this Guarantee, encumbrance, or cures any other matter Aswred against by this Guarantee in a (c)No amendment of or endorsement to this Guarantee can be made except by a reasonably diligent manner by any method, including litigation and the completion of writing endorsed hereon or attached hereto signed by either the President, a Vice any appeals therefrom,it shall have fully performed its obligations with respect to that President, the Secretary, an Assistant Secretary, or validating officer or authorized matter and shall not be liable for any loss of damage caused thereby signatory of the Company. (b)In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final 14. Notices,Where Sent. determination by a court of competent jurisdiction, and disposition of all appeals All notices required to be given the Company and any statement in writing required to therefrom,adverse to the title,as stated herein be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way Bldg 2,Santa Ana,CA 92707 Form No 1282(Rey 12(IS195) First American Tide Insurance Company STREET VACATION AGREEMENT South 268th Street Between the City of Kent and Federal Way School District This Agreement is by and between the Federal Way School District ("District"), a political subdivision of the State of Washington, whose mailing address is , Federal Way, Washington , and the City of Kent , a Washington municipal corporation, whose mailing address is 220 4th Avenue South, Kent, Washington, 98032, ("City"). The purpose of this Agreement is to establish the terms and conditions upon which the Public Works Director will recommend that the City Council adopt a vacation ordinance. RECITALS A. The District is the sole underlying fee owner of the City's right of way for South 268th Street between 42nd Avenue South and 40th Avenue South in Kent, Washington, more specifically described in Exhibit A. incorporated by this reference, and as shown on Exhibit B ("ROW"), incorporated herein by this reference. B. The District has petitioned for vacation of the ROW herein described and intends to place portable classrooms upon the property. C. The ROW has not been opened to vehicular travel. i D. Within the ROW are a number of utility facilities, including a City water utility i line. E. The ROW is necessary for pedestrian travel between 40th Avenue South and 42"d Avenue South and to connect to a City pedestrian way in the Plat of Cambridge 6 (recorded under King Co. No. 6406171) as shown on Exhibit B. F. The ROW is not required for vehicular travel, but utility facilities must be relocated and the pedestrian way reserved and improved. Based upon the foregoing and in consideration of mutual benefits hereby acknowledged, the District and the City agree as follows: AGREEMENT Street Vacation Agreement (Between City of Kent and Federal Way School Distnct) Page 1 of 4 1. The foregoing Recitals are adopted into this Agreement by this reference and all referenced Exhibits are adopted into this Agreement. 2. The subject ROW may be vacated by ordinance subject to the conditions in the following paragraphs 3 through 5. 3. Prior to the placement of the portable classroom buildings, all utility facilities will be relocated off the ROW by the District at District expense the terms for which shall be negotiated between the facility owners and the District to the satisfaction of the Public Works Director. 4. Prior to the placement of the portable classroom buildings, the City's water line will be relocated by the District at District expense as shown in Exhibit C and subject to approval and acceptance by the Public Works Director. An easement for the water line, access thereto and maintenance thereof will be deeded to the City. Exhibit D. 5. The pedestrian/bicycle pathway ("pathway") will be improved by the District at District expense at a specific location on property owned by the District to be mutually agreed upon by the District and the City. The minimum dimensions of the pathway shall be 12 feet in width and 4 inches in depth of pervious asphalt pavement. The pathway shall extend from the Plat of Cambridge 6 pathway as shown on Exhibit B, across the 42"6 Avenue South right of way to 40th Avenue South. The pathway will be completed no later than the end of calendar year 2014 at which time the District will deed the pathway easement in perpetuity to the City and transfer ownership of the improvement to the City. Pathway work will be regarded as complete upon acceptance by the Public Works Director. 6. Permits and inspections for conditions described in Item B under "Recitals" and in item 4 under "Agreement" shall be issued and performed by the City in a timely manner in order to facilitate the execution and completion of the work. Street Vacation Agreement (Between City of Kent and Federal Way School District) Page 2 of 4 7. This Agreement shall be effective as of the last date below executed. CITY OF KENT FEDERAL WAY SCHOOL DISTRICT By: Suzette Cooke By: Its: Its: Dated Dated: Street Vacation Agreement (Between City of Kent and Federal Way School District) Page 3 of 4 Exhibit List: A. Legal description of ROW B. Aerial or map showing ROW, new water line easement and Cambridge 6 pathway. C. Site Plan for relocated water line. D. Deed for water line easement. [klj , P:\Civil\Files\OpenFiles\1526-Street Vacations\Agreement Federal Way SD.docx Street Vacation Agreement (Between City of Kent and Federal Way School D/strlct) Page 4 of 4 1 t Federal Way School District Job No.246-019-010 June 16, 2010 EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF RIGHT OF WAY The north 30 feet of the northeast quarter of the southeast quarter of the southwest quarter of Section 27,Township 22 North, Range 4 East,W.M.; EXCEPT the east 30 feet thereof, ALSO EXCEPT the west 30 feet thereof. Written by: D.LR.. 1 Checked by: M.R.B. i lesm-iobsl24 610 1 910W1documenillegal-003doe S ,. .A ! ! 1 ! 1 / N Y — z Q iTa 9Ea _ 8a N CI y �g I � T U ' a 'B 3nN3AV ONINMOQ —� s3nN3nvaNao Q L—_I Q gz=� _ H Ha 1 , Wx� ag l 1 m it I it i; &ss�u L 1 —————� �� �� IJ LL -'-- s anN3"N1oC I Imp N Soft u�s�a oj I � t W 71 41a- 02 I j o o cm Lj Of Ofz z o� 0 I ,m LUM UJw y..w N -------- ��I I II I I ¢ LO a-J I w ¢w uU I I I Ujuj of QwCN �m b CD a Qo w 0 co of w ofCD I I J J oQCD I I "" LJ m Q � � �' �3 • / I I I W N e II c Im W p w J w I- •� I� c W Lo �'rn I 04 0o Z �■� W � � o 0 Z I� 3 I I � W 7G o 'P _ W Z ■ 2 N ~ of ( w © pS cco ow OfI I o Q -` z Ids ro I I I W 00 F � w � � �C-Do I 6 W c w NQ I I III of xmx M W v co �W W. �Af- o w w a � Loa Z W to W ��- Cn~ ow xJ xwz o 4 W d J pp d EXHIBIT D WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent Washington 98032 1 Attn: Engineering/Property Services Grantor: FEDERAL WAY SCHOOL DISTRICT #210 Grantee: City of Kent Abbreviated Legal Description: PORTION OF THE SW QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF KENT, KING COUNTY, WASHINGTON. Additional Legal Description on page 4 of Document Assessor's Tax Parcel Nos. 2722049152, 2722049026, 2722049112 STR: SECTION 27 TOWNSHIP 22 NORTH RANGE 4 EAST Project Name: TAF ACADEMY PORTABLE CLASSROOMS 2010 UTILITY EASEMENT (MUNICIPAL CORPORATION) THIS INSTRUMENT made this day of 20 by and between FEDERAL WAY SCHOOL DISTRICT #210 a municipal corporation hereinafter called "Grantors" and CITY OF KENT, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That said Grantors for and in consideration of mutual benefits and/or other valuable consideration receipt of which is hereby acknowledged by said Grantors, do by these presents grant, bargain, sell, convey, and confirm forever unto the said Grantee, its successors and/or assigns, an exclusive easement for utilities with necessary appurtenances, including use of incidental areas immediately adjacent for the installation, operation, maintenance, extending, construction, altering, reconstructing and repair over, through, under, across and upon the following described property situated In King County, Washington, more particularly described as follows: Refer to Exhibit "D-V attached and made a part hereto The said Grantee shall have the right without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon said property and immediate adjacent areas with the necessary equipment for the purposes of altering, installation, operation, maintenance, extending, constructing, repair and reconstructing of said utilities or making any connections therewith without incurring any legal obligation or liability therefore; providing that said altering, installation, operation, maintenance, extending, constructing, repair and reconstructing of said utilities shall be accomplished in such a manner that the private improvements existing within this easement area including said incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of this easement including said incidental areas so long as said use does not interfere with the uses heretofore defined. Under no circumstances shall any cement concrete or any structures be placed or erected on this easement. Grantor shall not change the surface grades, except as approved in advance by said Grantee, in any manner which would unreasonably interfere with Ingress, egress and access by said Grantee and/or adversely affect the existing utility and/or the utility to be installed therein. This exclusive easement shall be a covenant running with the land forever and shall be binding on the Grantor's successors, heirs, and assigns. GRANTOR: GRANTOR: by by Its its STATE OF WASHINGTON } ss. COUNTY OF KING ) On this day of 20_, before me a Notary Public in and for the State of Washington, personally appeared and to me known to be the and of Federal Way School District #21 Q,a Washington municipal corporation that executed the foregoing instrument,and acknowledged it to be the free and voluntary act of said municipal corporation,for the uses and purposes mentioned in this instrument,and on oath stated that they were authorized to execute said Instrument i Notary Seal Must Appear Within This Box IN WITNESS WHEREOF, I have hereunto set my hand and official seal that day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires i APPROVED AS TO FORM: Kent Law Department i lesm-tobsl24610191D071dmumentilegaHM.doe Federal Way School District Job No. 246-019-010 June 15,2010 EXHIBIT "D-1" LEGAL DESCRIP11ON FOR IUTILITY EASEMENT That portion of the southwest quarter of Section 27,Township 22 North, Range 4 East W.M,, in King County,Washington, more particularly described as follows. COMMENCING at the northwest corner of Lot 28 of the Plat of Cambridge 6, as recorded under Recording No.6496171; THENCE along the westerly line of said lot, being coincident with the easterly margin of unopened 42"d Avenue South,S 00'57'46"W, 49.92 feet, THENCE N 89D17'36"W,30.00 feet to the westerly margin of said 42"d Avenue South and the TRUE POINT OF BEGINNING; THENCE N 89017'26'W, 320.41 feet; THENCE N 44*17'26'W,7a65 feet; THENCE N 89017'26'W, 229.97 feet to the easterly margin of 4CP Avenue South; THENCE along said easterly margin, S 01 001'31 6 W,2283 feet; THENCE S 88°57'57' E, 5,60 feet; THENCE S 00059190 W, 9.30 feet; THENCE S 89*17'260 E,79.98 feet; THENCE N 00042'344 E, 12.16 feet; ESM F4E4rel Way ESN Everett ESM Before Wa4eingle0 cr+en;,re i•r, L'r0 nirrrym; 101 S 333rd 51 Bldg C Ste 210 1010 SE Everett Will Way Ste 203 22tl W Delarway Ad Slo 1 i,r s„,.ry 1 rr si,err a zr a Federal Way WA 90011) Erarell WA 10200 Ell4na6urg WA 90916 i73 030 6193141 620 2119900 I41 111112 L00 Id 10 i a+ 5 a a 01, ODO 113 7 11110111 4 4 1011 fne 646 4i0 61 it 1411 tree all 162 2100 loll Irn .e.w.wu.1 e • 213 e30 71041ax 42S 277 9901 lox 509 162 2611 In Federal Way School District June 15, 2010 Page 2 THENCE S 89017'26° E. 136.28 feet; j THENCE S 44017'26' E, 73.65 feet; THENCE S 89017'26' E,328.61 feet to said westerly margin of 42'd Avenue South THENCE along said westerly margin, N 00°57'46' E,20,00 feet to the TRUE POINT OF BEGINNING; Written by: D.LR. Checked by: M.R.B. Mesm•jobs1246101 M071dooumen0legal-007 doe �,ar ,+s.°as •R -? Y v«elf ,; Y — 1 I 1 EXHIBIT D-2 TO ACCOMPANY LEGAL DESCRIPTION POINT OF FOR UTILITY EASEMENT COMMENCEMENT A PORTION OF THE SE 1/4 THE SW 1/4 SECTION 27, T. 22 N., R. 4 E., W.M., KING COUNTY, WASHINGTON DEED RECORDED UNDER RECORDING NO. 491821 S. 268TH STREET (UNOPENED) --- ---- LOT M UTILITY 28 30' EASEMENT TRUE POINT OF 30' 6 BEGINNING W fn LLJ W W op [C z r z Li m CD I~ = W w ¢ z (D > °- rn o Q o `f 0 d n Cl v p w Z f- a — SCALE: 1"=120' S. 270TH STREET M \\'L46\019\007\EXHIBITS\SR-05 0WG CONSULT ING ENGINEERS LLC 161 S333rd St Bldg C.Ste 210 JOB NO 246-019-010 Federal Way,WA 98003 rma0c-Y ((((!N33 6x_66114'z DRAWING NAME SR-05 www.esmcivif.com C�I4MUum (60 674-M DATE : 06-15-2010 DRAWN : D L R_ Cl,& Engineering Pond Surveying Land P10nn'ng SHEET 1 OF 1 Pu611e WOrke ( 1'ralact manage maet ` Landeoope Ar.h.Ieawra Kent City Council Meeting Date July 6, 2010 Category Consent Calendar - 6E 1. SUBJECT: WATER SYSTEM PLAN FINANCIAL ANALYSIS CONSULTANT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement with FCS Group Inc., in the amount of $27,520, to perform financial analysis work for the Water Utility, subject to final agreement terms and conditions acceptable to the City Attorney and the Public Works Director. ' The Water Utility produces water from ten ground and surface water sources to meet the domestic, commercial, industrial, fire and life safety demands of its citizens. Tailored treatment processes are required at each of these sources to meet the requirements of the Washington State Department of Health and the Environmental Protection Agency. FCS Group Inc. will perform a comprehensive evaluation of each source. 3. EXHIBITS: Memo dated 6/11/2010 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: 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 W A b H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 11, 2010 tTo: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 21, 2010 From: Dave Brock, Utility Engineer Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Water System Plan Financial Analysis Consultant Agreement with FCS Group Inc. Motion: Move to authorize the Mayor to sign a Consultant Services Agreement with FCS Group Inc., in the amount of $27,520.00, for the purpose of performing financial analysis work for the Water Utility, upon concurrence of the language therein by the City Attorney and Public Works Summary: The Water Utility produces water from ten ground and surface water sources to meet the domestic, commercial, industrial, fire and life safety demands of its citizens. The variation of raw water characteristics from each of these sources requires treatment processes tailored to each source to produce water that meets the requirements of the Washington State Department of Health and the Environmental Protection Agency. The Water Utility is responsible for meeting these federally mandated requirements in a manner that is efficient for its customers. To evaluate this efficiency at water supply sources, the Utility proposes to obtain the services of FCS Group Incorporated to perform a comprehensive evaluation of each source. Through this evaluation, FCS Group Inc. will consider the costs of plant, electric power, and treatment, of each source to determine the cost to produce water by a volumetric unit (i.e., gallons or cubic feet). This information will be used to operate the sources as efficiently as possible. In addition, as part of its scope of work, FCS Group will prepare a technical memorandum on the estimated costs to wholesale water, and to develop a framework for the City to evaluate such arrangements. Although no neighboring utilities are currently discussing wholesale water purchases with the Public Works 1 Department (PWD), in the past when these discussions were taking place, the PWD only had retail rate information available for discussions. Developing a wholesale rate will assist Kent in being more competitive in pursuing and negotiating such arrangements. While this work will not culminate in a final wholesale rate, as it is unknown where a neighboring utility would connect to the Kent Water System among other factors, it will develop the framework for the PWD to establish such a rate. Budget Impact: PWD capital project number 07-3035 (Water Comprehensive Plan) has sufficient funds to cover the cost of this work. 1 • KENT .vay"I MG,oN CONSULTANT SERVICES AGREEMENT between the City of Kent and ■ Financial Consulting Solutions Group, Inc. d/b/a FCS Group THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Financial Consulting Solutions Group, Inc. d/b/a FCS Group organized under the laws of the State of Washington, located and doing business at 7525 166th Ave. NE, Suite D-215, Redmond, WA 98052, Phone: (425) 867-1802/Fax: (425) 867-19371 Contact: Karyn 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 continue its financial analysis work as part of the City's 2008 Water System Plan. Work specific to this contract shall consist of preparing a cost- allocation study whereby the cost to produce water from each source is determined; preparing a technical memorandum summarizing analysis, findings, and conclusions; preparing a technical memorandum on wholesale arrangements and a framework for the City to evaluate such arrangements. 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 Twenty Seven Thousand, Five Hundred Twenty Dollars ($27,520.00) 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 CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) 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. 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 thirty (30) 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 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, CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its ' officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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. i 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 CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Karyn Johnson Timothy J. LaPorte, P.E. FCS Group City of Kent 7525 166th Ave. NE, Suite D-215 220 Fourth Avenue South Redmond, WA 98052 Kent, WA 98032 (425) 867-1802 (telephone) (253) 856-5500 (telephone) (425) 867-1937 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: ' Kent Law Department FCS GrWp-Flnendel AnnWs/Brock 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. i 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: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i 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 120 By: For: Title: Date: I 1 1 EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Proposed Scope of Work Task 1: Data Collection FCS GROUP will establish a foundation for this study by preparing a derailed request for engineering and financial information. While an extensive set of information was developed as part of the 2009 rate study, some of this information will need to be updated and additional information requested to enable the appropriate allocation of City assets and other financial information to each source Specific subrasks include: Task 1.1. Prepare and submit data request list to City staff. Data request will include information such as detailed cost accounting data by source for plant-in-service; power, chemical, labor and other O&M costs by source, historical water production records. Task 1.2: Review data received and follow-up with City as needed to clarify data or request additional information Task 2: Prepare Technical Foundation Utilizing the engineering and financial information from Task 1, FCS GROUP will establish the technical framework from which to prepare the derailed cost allocations. This task will include building upon the analysis that was prepared as part of the 2009 rate study and will include establishing the foundational worksheets that will form the basis for the cost allocations that will be required to determine the unit cost of water production for each water source. Specific subtasks include: Task 2.1: Prepare foundational worksheets chat will form basis of system cost allocations Analysis will include utilizing the Financial analysis previously prepated as part of the 2009 rate study and establishing the framework to conduct a secondary cost-allocation overlay enabling allocations by source Task 2.2: Conduct audit to evaluate financial integrity of model. Task 3: Determine water production costs by source and pressure zone Utilizing the foundational worksheets established under the previous task, FCS GROUP will perform the allocation of City financial information to each source utilizing allocation factors as determined from information gathered from the City's water system plan and other documents from task 1 (for example, consumption, number of connections, storage analysis, and so forth) Once the allocations are prepared, unit costs for each factor will be determined and suminatized to determine the composite unit cost of water production for each source. FCS GROUP will summarize the analysis,prepare for and facilitate one on-site meeting with City staff to review study results. Specific subtasks include: Task 3 1: Develop basis for allocation based upon City engineering and other information provided. Task .2: Allocate financial information utilizing the allocation basis determined. Task 3 3: Prepare a unit cost matrix for each water source. This will include preparing source-specific and system- wide blended unit costs„ including direct and indirect costs Task 3 4: Prepare for and facilitate one on-sire meeting to review results with City staff. Task 4. Prepare technical memorandum to City staff. Based upon the technical analysis prepared and feedback from City staff, FCS GROUP will prepare a technical memorandum to City staff summarizing the cost allocation methodology, findings and conclusions of the study A ' hard copy of the technical memorandum and electronic copy of the cost-allocation model will be transmitted to the City. Specific subtasks include: Task 4.1. Prepare and transmit written technical memorandum to City Task deliverable: Technical memorandum and cost-allocation model(hard copy and electronic) Task 5- Prepare a white paper on wholesale rates. The City may at some point in the future pursue wholesale water sale arrangements with neighboring jurisdictions. To facilitate the City's effort should these arrangements arise, FCS GROUP will prepare a white paper discussing wholesale water sale arrangements, the considerations that the City should be cognizant of, and proposing a framework from which the City could utilize as it evaluates any wholesale arrangement. Specific subiasks include: Task .1: Prepare white paper and framework for evaluating wholesale arrangements Task deliverable- White paper and framework for evaluating wholesale arrangements(hard copy and electronic). L Exhibit B: City of Kent Water Production Study Proposed Budget i flotirly Bill,ng Rates $200 $165 $65 Task 1: Data Collection I I Prepare data request to City 2 6 8 $ 1,390 12 Retxw and validate information with Cty staff 10 10 $ 1,650 Task 2: Prepare Technical Foundation of Study 2 1 Prepare foundation worksl>eeth l analysts 16 16 $ Z640 2?Conduct audit to ensure model integrity 3 8 11 $ 1,920 Task 3:Determination of Water Production Costs by Source and Pressure Zone 3 1 Develop allocation methodology based upon City 2 8 to $ 1,720 engineerma and other information provided 3 2 Allocate financial information to each source of supply 8 16 24 S 4,240 3 3 Prepare unit cost matrix 2 8 10 $ 1,720 3 4 Prepare for and facilitate one on-site meeting to review 4 8 12 $ Z120 results w fth City staff Task 4: Prepare technical memorandum to City staff 4 1 Summarize study results and transmit technical memorandum and electronic copy of financial model to City 4 16 2 22 S 3,570 staff Task 5:Prepare white paperon wholesale rates 51 Prepare a whae paper and framework for evaluating wholesale arrangments and transmit technical memorandum to 4 16 2 22 $ 3.570 City Task 6:Project Administration 6 10 2 18 $ 2,980 Total 35 122 6 163 S 27,520 City of Kent Water Production Study Proposed Study Schedule �m Task 1 Data Collectior t, Task 2 Utilize and update analysis from 2009 rate stud P Y Y Task 3 Determination of Water Production Costs by Source and Pressure Zone Task 4 Prepare technical memorandum to City stag Task 5 Prepare white paper on wholesale rates Task 6 Project Administration To occur over duration of project =notice to proceed =on-site meeting with City staff to renew study results =transmit technical memorandum to City Exhibit C: FCS GROUP 2010 Hourly Fee Schedule Kar}n Johnson,Principal 520000 Martin Chaw,Project Manager $165 00 Administration $65.00 i 1 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, ' insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, Fired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a ' substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) ' C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage , shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all ' policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause ' stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. ' D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors 1 Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ' Kent City Council Meeting Date July 6, 2010 Category Consent Calendar - 6F 1. SUBJECT: TRANSPORTATION BENEFIT DISTRICT - SET HEARING DATE ' 2. SUMMARY STATEMENT: Set July 20, 2010, as the date for the public hearing and first introduction of the draft ordinance establishing a transportation benefit district within the City limits of Kent, and direct the City Clerk to provide notice of the hearing as required by RCW 36.73.050. The legislative authority of a city may establish a transportation benefit district ' within the city area for the purpose of acquiring, constructing, improving, providing, funding and/or maintaining transportation improvements within the district that are consistent with any existing state, regional, and local ' transportation plans and necessitated by existing or reasonably foreseeable congestion levels. The proposed transportation benefit district may impose a vehicle license fee to provide a funding source. If, following the July 20`h public hearing, the legislative authority finds the action to be in the public interest, an ordinance establishing the district can be adopted. 3. EXHIBITS: Memo dated 6/18/2010 and Ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? Currently in the Budget? Yes N/A No _ 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy ]. LaPorte P.E , Public Works Director Phone- 253-856-5500 K EN T Fax: 253-856-6500 W A S H I N G T 0 N Address. 220 Fourth Avenue S Kent, WA 98032-5895 S Date: June 18, 2010 ' To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 21, 2010 ' From: Cathy Mooney, Senior Transportation Planning Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director ' Subject: Transportation Benefit District, Vehicle License Fee Option Motion: Move to recommend that Council set a date for a Public Hearing on a draft ordinance establishing a Transportation Benefit District within the corporate limits of the City of Kent, authorizing a Transportation Benefit District Board to establish an Annual Vehicle License Fee, and amending the Kent Municipal Code to enact a new chapter 3.28 entitled "Kent Transportation Benefit District" subject to minor edits by the Public Works Director or the City Attorney. Summary: A Transportation Benefit District (TBD) is a quasi-municipal corporation and independent taxing district created for the sole purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the district. The boundaries of the TBD are identical to the City limits. (Chapter 36.73 RCW) 1 Funds used to operate the District must be used for transportation improvements that are consistent with existing regional, state, and local transportation plans and ' necessitated by existing and reasonable foreseeable congestion levels as provided in Chapter 36.73 RCW. It is also in the public Interest to provide for transportation Improvements that reduce the risk of transportation facility failure Improve safety, ' decrease travel time, Increasing capacity, Improving modal connectivity, and preserve and maintain existing transportation Infrastructure. ' The City has limited funds to pay for necessary transportation pavement management and preservation on City arterials, bridges, and major collectors. This has resulted in the need to provide an ever-increasing annual subsidy from the City's general fund. Budget Impact: With the establishment of a TBD Vehicle License Fee, the City can ' replace a portion of the transportation funding that has been lost over the years, and be better able to preserve, maintain or expand the City's transportation infrastructure into the future. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, ' establishing a Transportation Benefit District within the corporate limits of the City of Kent, specifying the use of funds for maintenance and preservation of existing transportation improvements, and for additional transportation improvements, authorizing the Transportation Benefit Board to Establish an Annual Vehicle License Fee; and amending the Kent Municipal Code to enact a new chapter 3.28 entitled "Kent ' Transportation Benefit District". RECITALS A. The City of Kent has the responsibility under the Constitution of the State of Washington for the improvement, maintenance, and protection of public ways within the corporate limits of the City pursuant to Chapter 35.22 RCW. B. The improvement, maintenance, and protection and operation of public ways requires providing necessary transportation improvements and preserving existing transportation improvements to avoid catastrophic failure of the improvements which would require ' 1 Transportation Benefit District New Chapter - KCC 3.28 significant additional funds to reconstruct, as well as their gradual deterioration. ' C. State and regional transportation plans identity as priorities ' regional connectivity and the maintenance and preservation of existing transportation systems. See "Washington Transportation Plan for 2007- ' 2026, adopted by the Washington State Transportation Commission (State Transportation Plan); "Destination 2030 Metropolitan Transportation Plan ' for the Central Puget Sound Region," Puget Sound Regional Council. D. The State Plan and the City's own plans identify capital , projects that are critical to the efficient movement of people and goods both locally and regionally. See Transportation Element of the City of Kent ` Comprehensive Plan; "City of Kent Six Year Transportation Improvement Program; City of Kent Transportation Master Plan." ' E. The funding sources for city's capital improvements and for ' the preservation and maintenance of the City's transportation infrastructure have been significantly reduced in recent years. ' F. The City of Kent's transportation system has reached poor levels of service on some significant arterials and requires improvement to sufficient capacity to accommodate existing and foreseeable increased congestion levels. G. The City desires to improve its transportation facilities to facilitate regional connectivity and better overall transportation within the ' City of Kent. H. Chapter 36.73 RCW provides for the establishment of t transportation benefit districts and for the levying of additional revenue , sources for transportation improvements within the District that are 2 Transportation Benefit District , New Chapter - KCC 3.28 consistent with existing state, regional and local transportation plans and ' necessitated by existing or reasonably foreseeable congestion levels. I. RCW 35.21.225 authorizes the City Council to establish a Transportation Benefit District subject to the provisions of Chapter 36.73 RCW. I The City desires to form a Transportation Benefit District which includes the entire City of Kent as the corporate boundaries currently exist or are hereafter extended by annexation. K. The City provided proper notice, conducted a public hearing on and took public comment regarding the proposed establishment of a Transportation Benefit District in accordance with RCW 36.73.050. L. The City Council of the City of Kent finds it to be in the best interests of the City to establish a citywide Transportation Benefit District for transportation improvements that improve regional connectivity and local levels of service; for the preservation and maintenance of the City's transportation infrastructure consistent with Chapter 36.73 RCW; to protect the City's long term investments in that infrastructure; to reduce the risk of transportation facility failure; to improve safety; to continue optimal performance of the infrastructure over time; to avoid more expensive infrastructure replacements in the future; and to implement the City's plans and programs. ' M. The City Council of the City of Kent shall establish a governing body for the Transportation Benefit District comprised of the City Council acting in an ex officio and independent capacity. ' 3 Transportation Benefit District New Chapter - KCC 3.28 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, , WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ' ORDINANCE SECTION 1. - Purpose. The purpose of this Ordinance is to , establish a Transportation Benefit District pursuant to RCW 35.21.255 and 36.73 RCW. SECTION 2. - Findings. The City Council finds it is in the public , interest to provide adequate levels of funding to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels as provided in Chapter 36.73 RCW. Council ' further finds that it is in the public interest to provide for transportation improvements that improve regional and modal connectivity and levels of ' service and that specifically focus on protecting the City's long term investments in its infrastructure, reducing the risk of transportation facility ' failure, improving safety, continuing optimal performance of the infrastructure over time, and avoiding more expensive infrastructure t replacements in the future. SECTION 3. - Create. A new chapter, Chapter 3.28 of the Kent City Code entitled Transportation Benefit District, is hereby created to , read as follows: Chapter 3.28 ' Transportation Benefit District Sec. 3.28.010 Transportation Benefit District Established. There is created a transportation benefit district to be known as the Kent , 4 Transportation Benefit District , New Chapter - KCC 3.28 Transportation Benefit District or "District" with geographical boundaries ' comprised of the corporate limits of the City as they currently exist or as they are extended by future annexations. Sec. 3.28.020 Governing Board. A. The governing board of the Transportation Benefit District ' shall be the Kent City Council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW. B. The treasurer of the Transportation Benefit District shall be ' the City Financial Services Director. C. The Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). D. The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). ' E. Meetings of the Board shall be governed by the procedural rules applicable to meetings of the Kent City Council, as the same may be amended from time to time. F. The first action of the Board shall be to nominate and elect a chair who shall preside over all meetings of the Board. Sec. 3.28.030 Authority of the District. The Board shall have and may exercise any powers provided by law to fulfill the tpurpose of the District including the authority to issue general obligation bonds and revenue bonds, form local improvement districts, Saccept gifts and grants and exercise the power of eminent domain, provided that, the District shall have no authority to impose taxes, ' fees, charges or tolls except as provided herein. ' Sec. 3.28.040 Use of Funds. The funds generated by the Transportation Benefit District may be used for any purpose allowed by ' 5 Transportation Benefit District New Chapter - KCC 3.28 law including to operate the District and to make transportation ' improvements that are consistent with existing state, regional, and local , transportation plans and programs and which are necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 ' RCW. The transportation improvements funded by the district shall be made in an effort to protect the City's long term investments in its infrastructure, to reduce the risk of transportation facility failure, to improve safety, to improve modal connectivity, to continue optimal performance of the transportation system over time, to avoid more expensive infrastructure replacements in the future and to improve ' regional and local connectivity. Additional transportation improvement projects of the district may be funded only after compliance with the provisions of RCW 36.73.050(b). Sec. 3.28.050 Establishment of Vehicle Fee Revenue Source. The Board shall, have the authority to impose an annual vehicle license , fee in the amount of twenty dollars ($20.00), consistent with RCW 36.73, to be collected by the Washington State Department of Licensing on , qualifying vehicles as set forth in RCW 82.80.140 and Chapters 36.73 and 46.16 RCW. , Sec. 3.28.060 Dissolution of District. The Transportation Benefit District shall be automatically dissolved when all indebtedness of the district has been retired and when all of the District's anticipated , responsibilities have been satisfied. Sec. 3.28.070 Liberal Construction. As authorized pursuant to ' Chapter 36.73 RCW, this chapter shall be liberally construed to permit the accomplishment of its purposes. , SECTION 4. Severability. If any one or more sections, , subsections, or sentences of this ordinance are held to be 6 Transportation Benefit District ' New Chapter - KCC 3.28 t 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 5. Corrections by the 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 local, state or tfederal laws, codes rules or regulations; or ordinance numbering and section/subsection numbering/lettering. SECTION 6 .- Effective Date. This ordinance shall take effect and be in force ( ) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: JACOBER, CITY CLERK APPROVED AS TO FORM: ' TOM BRUBAKER, CITY ATTORNEY ' PASSED: day of , 2010. APPROVED: day of , 2010. PUBLISHED: day of , 2010. ' 7 Transportation Benefit District New Chapter - KCC 3.28 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\Transportation Benefit docx 8 Transportation Benefit District , New Chapter - KCC 3.28 Kent City Council Meeting Date July 6, 2010 Category Consent Calendar - 6G 1. SUBJECT: SUN MEADOW STORM REPAIR - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Sun Meadow Storm Repair Project as complete and release retainage to Scotty's General Construction, Inc., upon receipt of standard releases from the state and the release of any liens. The original contract amount was $362,384.76. The final contract amount was $295,603.52. 3. EXHIBITS: None 1 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? X Revenue? ' Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: 1 Kent City Council Meeting Date July 6, 2010 Category Other Business - 7A 1. SUBJECT: TRANSPORTATION IMPACT FEE ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Transportation Impact Fees ("TIFs") on new growth and the role those fees would play in the entire future transportation funding package has been discussed in committees and Council Study Sessions since 2006. TIFs are calculated based on trips generated by particular land uses. State law requires that cities plan for projected growth and have infrastructure in place (within 6 years) to support it. If TIFs were collected at the highest allowable rate, they would provide up to 38% of funding for projects in the Transportation Management Plan. 3. EXHIBITS: Memo dated 6/15/10, Ordinance, Impact Fee Rate Adjustments memo dated 6/29/10, and Memo to Council dated 6/30/20 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, Counalmember seconds ito adopt Ordinance No. , amending Title 12 of the Kent City Code adding a new Chapter 12.14 entitled, "Transportation Impact Fees." tDISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E , Public Works Director Phone 253-856-5500 KENT Fax- 253-856-6500 1 WA" FI"`T°" Address- 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 15, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 21, 2010 From: Cathy Mooney, Senior Transportation Planning Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director 1 Subject: Transportation Impact Fee Ordinance Motion: Move to recommend that Council adopt an ordinance amending Title 12 of the Kent City Code to add a new Chapter 12.14, "Transportation Impact Fees" subject to minor edits and approval by the Public Works Director and the City Attorney. 1 Summary: Council adopted the Transportation Master Plan in 2008. A number of transportation improvement projects are identified in the Plan based on the need for additional traffic capacity to accommodate planned growth throughout the City. Included in the Plan is a discussion of funding options for building these projects. Council has reviewed and discussed these options at previous Public Works Committee Meetings and Council Workshops on 9/5/06, 2/9/07, 2/27/07, 4/19/07, 12/3/07, 4/21/08, 4/7/09, 5/5/09, 5/4/10, and 5/18/10. A number of financing options were discussed, including Transportation Impact Fees (TIFs) on new growth ' and the role those fees would play in the entire future funding package. The proposed new Transportation Impact Fee would be a replacement for the City's current Environmental Mitigation Agreements, which required developers to pay a fee towards the cost to complete one of three cross-valley corridor projects (196th Street, 224th/228th Street, or 277th Street). I Transportation Impact Fees (TIF) would be based on the cost of new roadway capacity required to accommodate planned development. These fees are calculated to pay for new capacity which is solely attributable to new development, and cannot be used to 'fix' existing traffic problems. Without a TIF, the City has no mechanism to collect money for citywide traffic impacts of new development. In addition to the TIF on new development, Council has studied all of the funding options that are allowable by current state law, including existing sources such as grants, LID's, Real Estate Excise Tax (REST) distributions, and withdrawals from the 1 City general fund. Council also examined potential new sources of dedicated transportation funds, including a Business License Fee based on the number of employees, Voted General Obligation Bonds and a Vehicle License Fee for Transportation Benefit District. City staff made a presentation on the 2008 Transportation Master Plan and all of the available funding options to the Kent Chamber of Commerce, and the general public, at the ShoWare Center on May 21, 2009. This was the sixth presentation that City staff had made to the Chamber of Commerce and its committees. Staff has distributed graphs and bar charts showing how other South County cities fund their transportation projects. Most of them already have TIFs established. They also rely on a combination of other sources including TBDs (Vehicle License Fees), REET, parking fees (SeaTac), retail tax (Tukwila), grants and general fund distributions. Renton has a Business License Fee based on the number of equivalent full-time employees. Council discussed the state's Growth Management Act (GMA) and the outside forces that will continue to funnel new growth to Kent between now and 2030, the TMP planning horizon. The State, PSRC, and King County all have policies in place that direct growth to the largest Urban Centers and Manufacturing Centers. Kent is designated as both. State law also requires that cities plan for projected growth and have infrastructure in place (within 6 years) to support it. This requires a long- range financial plan that shows how the city will pay for the needed transportation infrastructure. If the full amount of the TIF (which charges just for the new growth) was collected, , it could pay for up to 38% of the identified needs discussed in the TMP. This leaves 62% of the projects costs identified in the TMP to be paid by existing residents and businesses. This balance has to come from a combination of existing and new revenue sources. Budget Impact: Future development accounts for roughly 38% of the total cost for new road projects throughout the City. If a Transportation Impact Fee is not adopted, existing users will need to pick up this additional cost before improvements could be built. I 1 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 12 of the Kent City Code to add a new Chapter 12.14, "Transportation Impact Fees" authorizing the collection of transportation impact fees; providing findings and definitions; providing for the time of payment; providing exemptions and credits; providing for fee adjustments for Downtown Kent; providing for the establishment of a transportation impact fee account, refunds, and the use of funds; providing for administrative fees; providing for reviews and adjustments of fee schedules; providing the fee schedules for transportation impact fees; authorizing independent fee calculations; providing for the appeals of fees and other determinations; setting a fee for appeals; I amending KCC 12.01.190(D);and providing for certain other revisions in connection therewith. RECITALS A. The City Council of the City of Kent (the "Council") finds that new growth and development in the City of Kent will create additional 1 demand and need for public facilities. 1 Transportation Impact Fees Amend KCC 12.14 i I B. The City of Kent is authorized by Chapter 82.02 of the Revised Code of Washington ("RCW") to require new growth and development within the City of Kent to pay a proportionate share of the cost of system improvements to serve such new development activity through the assessment of transportation impact fees. C. The transportation impact fees assessed pursuant to Ch. , 82.02 RCW must be based upon a showing that new growth and development creates additional demand and need for system improvements, that the impact fees do not exceed a proportionate share of the costs of such additional system improvements, and that the fees are spent for system improvements reasonably related to the new growth and development. i D. The City of Kent is authorized by Ch. 82.02 RCW to impose impact fees for system improvement costs previously incurred by the City of Kent to the extent that new growth and development will be served by the previously constructed improvements. E. Impact fees may be collected and spent for system improvements that are included within a capital facilities plan element of a comprehensive plan. F. RCW 58.17.110 and RCW 58.17.060 require the Council and administrative personnel to make written findings that public facilities such as roads and streets are adequate before approving proposed subdivisions, dedications, and short subdivisions. G. To meet these requirements with respect to streets and roads, ' the Council finds that it must assure that streets and roads are adequate to serve new growth and development. 2 Transportation Impact Fees , Amend KCC 12.14 H. The Council finds that it is in the public interest, and consistent with the intent and purposes of the Growth Management Act, RCW 36.70A et seq., for the City of Kent to adopt transportation impact fees which are uniform to the greatest extent practicable. I. The Council has determined that the City of Kent is composed of one zone for purposes of assessing transportation impact fees. J. The City of Kent has conducted extensive research documenting the procedures for measuring the impact of new growth and development on public facilities, and has prepared the Rate Study which serves as the basis for the actions taken by the Council. K. In developing the impact fees for public facilities contained in jthis ordinance, the City of Kent has provided adjustments for past and future taxes paid or to be paid by new growth and development, which are earmarked or proratable to the same new public facilities that will serve the new growth and development. L. The Council hereby incorporates the following studies into this ordinance by reference: "Rate Study for Transportation Impact Fees," City of Kent, dated May 2010 ("Rate Study") and the memorandum entitled "Impact Fee Rate Adjustments for Downtown Kent," dated June 28, 2010 ("Downtown Kent Rate Memorandum") The Rate Study and Downtown Kent Rate Memorandum utilize a methodology for calculating transportation impact fees which incorporates, among other things, all of the requirements of RCW 82.02.060(1). 1 M. The City of Kent conducted an extensive series of meetings with an advisory task force, developers, business representatives and external stakeholders. The meetings began with small group discussions with representatives of key stakeholder groups in March of 2006 and 1 3 Transportation Impact Fees Amend KCC 12.14 1 continued to the Public Works Committee of the Council on June 21, 2010. The ordinance was considered by the Council of the whole on July 6, 2010. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Create New Code Chapter. The Kent City Code is amended to add a new Chapter 12.14, entitled "Transportation Impact Fees," as follows: Chapter 12.14 TRANSPORTATION IMPACT FEES Sec. 12.14.010. Title. This code shall be hereinafter known as the City of Kent Transportation Impact Fees. Sec. 12.14.020. Purpose and Intent. The purpose and intent of this chapter is for the collection of transportation impact fees for streets and roads, and providing for certain other matters in connection therewith. Sec. 12.14.030. Findings and Authority. The City Council of the City of Kent hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development in the City of Kent will create additional demand and need for system improvements in the City, and the Council finds that such new growth and development should pay a proportionate share of the cost of system improvements needed to serve the new growth and development. The City of Kent has conducted extensive research documenting the procedures for measuring the impact of new 4 Transportation Impact Fees Amend KCC 12.14 developments on public facilities, has prepared the "Rate Study for Transportation Impact Fees," City of Kent, dated May 2010 ("Rate Study"), and incorporates that Rate Study into this chapter by this reference. In recognition that fewer trips are generated and average trip lengths are reduced to and from Downtown Kent, as hereinafter defined, the city has also prepared a memorandum entitled "Impact Fee Rate Adjustment for Downtown Kent," dated June 28, 2010 ("Downtown Kent Rate I Memorandum") and incorporates that memorandum into this chapter by this reference. The Rate Study and the Downtown Kent Rate Memorandum I utilize a methodology for calculating impact fees that incorporate, among other things, all of the requirements of RCW 82.02.060(1). A copy of the most current versions of the Rate Study and the Downtown Kent Rate Memorandum shall be kept on file with the City Clerk and are available to the public for review. Therefore, pursuant to Chapter 82.02 RCW, the Council adopts this chapter to assess transportation impact fees for streets and roads. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the Council in providing for the assessment of transportation impact fees. Sec 12.14.040. Definitions. The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. A. Accessory Dwelling Unit shall be defined in KCC 15.02.003 and such provision as amended. B. Building Permit means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a 5 Transportation Impact Fees Amend KCC 12.14 building or structure or any portions thereof. C. Capital Facilities Plan means the capital facilities element of t the City's Comprehensive Plan adopted pursuant to RCW 36.70A and such plan as amended. D. City means the City of Kent. E. Council means the City Council of the City of Kent. F. Department means the City's Department of Public Works. G. Development Activity means any construction expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that generates at least one p.m. peak hour trip. H. Development Approval means any written authorization from the City of Kent which authorizes the commencement of a development activity. I. Director means the Public Works Director or the Director's designee. J. Downtown Kent means that area shown on the map incorporated into the Downtown Kent Rate Memorandum. A legal description of Downtown Kent will be prepared and kept on file with the Downtown Kent Rate Memorandum for further reference. K. Downtown Kent Rate Memorandum means that memorandum entitled 'Impact Fee Rate Adjustments for Downtown Kent," dated June 28, 2010 or as hereinafter amended. 6 Transportation Impact Fees Amend KCC 12.14 t L. Dwelling Unit shall be as defined in KCC 15.02.130 or such provision as amended. M. Encumbered means to reserve, set aside, or otherwise earmark the transportation impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for system improvements. N. Feepayer is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for additional system improvements and which requires the issuance of a building permit or a permit for a change of use. "Feepayer" includes an applicant for an impact fee credit. O. Nearing Examiner shall mean that person or persons appointed by the mayor pursuant to KCC 2.32. ' P. Impact fee means a payment of money imposed by the City of Kent on development activity pursuant to this title as a condition of granting development approval. "Impact fee" does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, or the cost of reviewing independent fee calculations. Q. Independent Fee Calculation means the transportation impact fee calculation, and/or economic documentation prepared by a Feepayer, to support the assessment of a transportation impact fee other than by the Iuse of the rates listed in KCC 12.14.190, or the calculations prepared by the Director where none of the fee categories or fee amounts in KCC 12.14.190 accurately describe or capture the impacts of the development activity on public facilities. 1 7 Transportation Impact Fees Amend KCC 12.14 i R. KCC means the Kent City Code or, when followed by a numerical designation, a provision of the Kent City Code. j S. Owner means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded. T. Permit for change of use means an official document which is issued by the Building Official or Planning Manager or their designees and which authorizes a change of use of an existing building or structure or land and does not require a building permit. U. Planned Unit Development or PUD shall have the same meaning as set forth in the KCC 15.08.400. V. P.M. Peak Hour means the sixty-minute period between 4:00 and 6:00 p.m. which experiences the highest volume of traffic on a road or Z street or passing through a road or street intersection. W. P.M. Peak Hour Trips means the total vehicular trips entering and leaving a place of new development activity on the adjacent public road or street during the p.m. peak hour. X. Project Improvements mean site improvements and facilities that are planned and designed to provide service for a particular development project and are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the Council shall be considered a project improvement. Y. Public Facilities, for purposes of this chapter, means the following capital facilities owned or operated by the City of Kent or other i 8 Transportation Impact Fees Amend KCC 12.14 1 governmental entities: public streets and roads. Z. Rate Study means the "Rate Study for Transportation Impact Fees," City of Kent, dated May 2010 or as hereinafter amended as provided in this ordinance. AA. Residential or Residential Development means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. IBB. RCW means the Revised Code of Washington or, when followed by a numerical designation, a provision of the Revised Code of Washington. CC. Street or Road means a public right-of-way and all related appurtenances, including lawfully required off-site mitigation, which enables motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and affords the principal means of access to abutting ' property. For purposes of this chapter, public streets and roads are collectively referred to as "transportation." DD. System Improvements for purposes of this chapter means public transportation facilities that are included in the City of Kent's capital facilities plan, and such plan as amended, and are designed to provide service to the community at large, in contrast to project improvements. EE. Transportation means public streets and roads and related appurtenances. FF. Transportation Impact Fee Account(s) means the separate accounting structure(s) within the city's established accounts which structure(s) shall identify separately earmarked funds and which shall be 9 Transportation Impact Fees Amend KCC 12.14 i established for the transportation impact fees that are collected. The account(s) shall be established pursuant to KCC 12.14.100, and shall comply with the requirements of RCW 82.02.070. Sec. 12.14.045. Establishment of Service Area. A. The city hereby establishes, as the service area for transportation impact fees, the City of Kent, including all property locating within the corporate city limits. B. The scope of the service area is hereby found to be reasonable and established on the basis of sound planning and engineering principles, and consistent with RCW 82.02.060. Sec. 12.14.050. Transportation Impact Fees Methodology and Applicability. The transportation impact fee rates in KCC 12.14.190 i are generated from the formulae for calculating impact fees set forth in the Rate Study and the Downtown Kent Rate Memorandum, which are incorporated herein by these references. Except as otherwise provided for independent fee calculations in KCC 12.14.070, exemptions in KCC j 12.14.080, and credits in KCC 12.14.090, all new development activity in the City will be charged the transportation impact fee applicable to the type of development as set forth in the Transportation Impact Fee Schedule in KCC 12.14.190. Sec. 12.14.060. Assessment of Impact Fees. A. The City shall collect impact fees, based on the rates in KCC 12.14.190, from any applicant seeking development approval from the City for any development activity within the City, where such development activity requires the issuance of a building permit or a permit for a change in use, and creates a demand for additional public facilities. 10 Transportation Impact Fees Amend KCC 12.14 1 B. The maximum allowable transportation impact fee rate established by the rate study is $13,614.00 per P.M. peak hour trip. The rate for the year July 1, 2010 through June 30, 2011 shall be 30% of the maximum allowable amount. The rate for the year July 1, 2011 through June 30, 2012 shall be 41.67%; for the year July 1, 2012 through June 30, 2013 shall be 53.33%; for the year July 1, 2013 through June 30, 2014 shall be 65%; for the year July 1, 2014 through June 30, 2015 shall be 76.67%; for the year July 1, 2015 through June 30, 2016 shall be 88.33% and from July 1, 2016 thereafter shall be 100%. C. The maximum allowable transportation impact fee rate is subject to adjustment in accordance with KCC 12.14.060. The Department will annually adjust the maximum allowable transportation impact fee rate using the same percentage change as in the most recent annual amendment to the Washington State Department of Transportation Construction Cost Index. The first adjustment will occur in July 2011. D. For a change of use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. No reduction based on prior use shall be made for a structure that has been vacant or otherwise not actively in that prior use for a period of one year or longer. E. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in KCC 12.14.190. 11 Transportation Impact Fees Amend KCC 12.14 I F. Time of Assessment 1. Transportation Impact fees shall be assessed at the time the complete application for a building permit or a permit for a change in use is submitted using the impact fee rates then in effect. Transportation impact fees shall be due and payable before the building permit or permit for a change of use is issued by the City. 2. Until December 30, 2013, at the time of issuance of any single family residential building permit, the Feepayer may defer payment of the traffic impact fee by executing a first position lien in favor of the city in the amount of traffic impact fee to be in effect at the time of closing of the sale of the dwelling unit. The city shall record the lien against the real property and the lien amount shall be paid to the city at the time of closing of the sale of the real property and single family residence. a. A Feepayer who chooses to defer the traffic impact fee must combine the lien with any other liens for deferred fees as set forth in KCC 12.11.090. b. A Feepayer selling real property subject to the lien under this subsection (2) must provide written disclosure of the lien to a purchases or a prospective purchaser at the same time the seller provide disclosure as required by Chapter 64.06 RCW. The disclosure of the lien must include the dollar amount of the lien and that the lien amount will be paid to the City at the time of closing. G. Feepayers that have been allowed credits prior to the submittal of the complete building permit application or an application for a permit for a change of use shall submit, along with the complete application, a copy of the letter or certificate prepared by the director pursuant to KCC 12,14.190 setting forth the dollar amount of the credit 12 Transportation Impact Fees Amend KCC 12.14 awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the Feepayer at the time a building permit or permit for a change of use is issued. H. Where the impact fees imposed are for development other than single family residential, a deposit shall be due from the Feepayer at the same time that a complete application for a building permit is submitted. The deposit shall be based on an estimate, submitted by the iFeepayer, of the size and type of structure which will be constructed on the property. In the absence of an estimate provided by the Feepayer, the Department shall calculate a deposit amount based on the maximum allowable density/intensity permissible on the property. If the final size of the development is in excess of the initial estimate, any difference in impact fees will be due prior to the issuance of a certificate of occupancy or an occupancy permit, using the rate in effect at that time. The Feepayer shall pay any such difference plus interest, calculated at the interest rate which the City of Kent then earns. If the final size of the development is less than the initial estimate, the Department shall give an impact fee credit for the difference, including interest earned. I. The Department shall not issue the required building or the permit for the change of use until the impact fees set forth in KCC 12.14.190 have been paid as set forth in the fee schedule or in the amounts that they exceed any credits allowable under this chapter. Sec. 12.14.070. Independent Fee Calculations. ' A. If, in the judgment of the director, none of the fee categories or fee amounts set forth in foregoing section of this title accurately describes or captures the impacts of a new development on streets, the department may conduct independent fee calculations and the director 1 may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in 13 Transportation Impact Fees Amend KCC 12.14 writing and shall be mailed to the Feepayer. B. A Feepayer may opt not to have the impact fees determined according to the fee structure in KCC 12.14.190, in which case the Feepayer shall prepare and submit to the director an independent fee calculation for the development activity for which a building permit is being sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. An independent fee calculation shall use the same methodology used to establish impact fees set forth in KCC 12.14.190, shall be limited to adjustments in trip generation rates and lengths used in the Rate Study, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures. C. Any Feepayer submitting an independent fee calculation will be required to pay the City of Kent a fee to cover the cost of reviewing the independent fee calculation. The fee required by the City for conducting the review of the independent fee calculation shall be five hundred dollars ($500.00), unless otherwise established by the director, and shall be paid by the Feepayer prior to initiation of review. D. There is a rebuttable presumption that the calculations set forth in the Rate Study and the fee set forth in the Fee Schedule are valid. The director shall consider the documentation submitted by the Feepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inapplicable, inaccurate, incomplete, or unreliable. The director may require the Feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations therefore shall be set forth in writing and shall be mailed to the Feepayer. 14 Transportation Impact Fees Amend KCC 12.14 E. Determinations made by the director pursuant to this section 1 may be appealed to the office of the hearing examiner under the procedures set forth in KCC 12.14.110. Sec. 12.14.080. Exemptions. A. Except as provided for below, the following shall be exempted ( from the payment of all impact fees: 1. Alteration or replacement of an existing nonresidential structure that does not expand the usable space. 2. Miscellaneous improvements which do not generate increased p.m. peak trips, including, but not limited to, fences, walls, residential swimming pools, and signs; 3. Demolition or moving of a structure when additional p.m. peak hour trips are not generated. 4. A change of use that does not generate one or more p.m. peak hour trips. B. The director shall be authorized to determine whether a iparticular development activity falls within an exemption identified in this KCC, in any other KCC, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in KCC 12.14.110. Sec. 12.14.090. Credits for Dedications, Construction of Improvements, and Past Tax Payments. A. A Feepayer can request that a credit or credits for impact fees be awarded to him/her for the total value of system improvements, including dedications of land, improvements and/or construction provided Iby the Feepayer. The application for credits shall be presented by the Feepayer on forms to be provided by the department and shall include the content designated in such forms. Credits will be given only if the land, 15 Transportation Impact Fees Amend KCC 12.14 improvements, and/or the facility constructed are: 1. Included within the capital facilities plan or would serve the goals and objectives of the capital facilities plan; and 2. Are at suitable sites and constructed at acceptable quality as determined by the City; and 3. Serve to offset impacts of the Feepayer's development activity; and 4. Are for one or more of the transportation projects listed in the rate study as the basis for calculating the impact fee. B. The director shall determine if requests for credits meet the , criteria in subsection A. above or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedure set forth in KCC 12.14.110. C. For each request for a credit or credits the director shall select an appraiser or, in the alternative, the Feepayer may select an independent appraiser acceptable to the director. D. The appraiser must be an MAI (Member of the American Institute of Appraisers) and be licensed in good standing pursuant to RCW 18.40 et.seq., in the category for the property to be appraised, and shall not have a fiduciary or personal interest in the property being appraised. E. The appraiser shall be directed to determine the total value of the dedicated land, improvements, and/or construction provided by the , Feepayer on a case-by-case basis. The resulting appraisal shall be in accord with the most recent version of the Uniform Standards of Professional Appraisal Practice and shall be subject to review by the director and, at the director's discretion, an independent review appraiser i selected by the director. 16 Transportation Impact Fees Amend KCC 12.14 F. The Feepayer shall pay for the actual costs for the appraisal 1 and the review. G. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of any credit, the reason for the credit, the legal description of the real property Idedicated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The Feepayer must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the Feepayer to sign, date, and return such document within sixty (60) calendar days shall nullify the credit. If credit is denied, the Feepayer shall be notified in a letter that includes the reasons therefore. H. No credit shall be given for project improvements. I. A Feepayer may request that a credit or credits for impact fees be awarded to him/her for past tax payments. For each request for a credit or credits for past tax payments for transportation impact fees, the Feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for past tax payments for system improvements. 1. Any claim for credit must be made no later than thirty (30) calendar days after the submission of an application for a building permit or an application for a permit for a change in use. The failure to timely file such a claim shall constitute a final bar to later request any such credit. 17 Transportation Impact Fees Amend KCC 12.14 K. Determinations made by the director pursuant to this Section shall be subject to the appeals procedures set forth in KCC 12.14.110 below; Provided, however, that appeals under this section must be made within fourteen (14) calendar days after the director's decision is mailed to the Feepayer seeking the credit, such time to be calculated pursuant to KCC 12.01.190. Sec. 12.14.100. Adjustments for Future Tax Payments and Other Revenue Sources. Pursuant to and consistent with the requirements of RCW 82.02.060, the Rate Study has provided adjustments for future taxes to be paid by the development activity which are earmarked or proratable to the same new public facilities which will serve the new development. The impact fee rates in KCC 12.14.190 have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. Sec. 12.14.110. Review by Director and Subsequent Appeals. A. A Feepayer may pay the impact fees imposed by this title under protest so that the building permit or permit for a change in use can be issued. No appeal shall be permitted until the impact fees at issue have been paid. B. Requests for review regarding the impact fees imposed on any development activity may be filed only by the Feepayer for the development activity at issue. C. The Feepayer must first file a request for review regarding impact fees with the director, as provided herein: 1. The request shall be in writing on the form provided by the City; 1 2. The request for review by the director shall be filed within fourteen (14) calendar days after the Feepayer's payment of the 18 Transportation Impact Fees Amend KCC 12.14 impact fee at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; 3. No administrative fee will be imposed for the request for review by the director; and 4. The director shall issue his/her notice of determination in writing. D. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision concerning the independent fee calculation which is authorized in KCC 12.14.070, or any other determination which the director is authorized to make pursuant to this chapter, may be appealed by the Feepayer to the hearing examiner per KCC 2.32.090(5). E. Appeals shall be taken in accord with the process set forth in KCC 12.01.190., provided, however, that only the Feepayer may bring an appeal. F. At the time of filing of the appeal, the Feepayer shall pay an appeal fee in the amount of two hundred and fifteen dollars ($215.00). G. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be the final determination of the City unless remanded to the department as provided in section H below. H. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse, affirm, modify or remand, in whole or in part, the determinations of the director with respect 19 Transportation Impact Fees Amend KCC 12.14 _J to the amount of the impact fees imposed or the credit awarded. Sec. 12.14.120. Establishment of Impact Fee Accounts. A. Impact fee receipts shall be earmarked specifically and deposited in one or more special interest-bearing accounts. B. The City shall establish one or more separate impact fee accounts for the fees collected pursuant to this chapter: Funds withdrawn from the account or accounts must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the j fees shall be retained in the account(s) and expended for the purposes for which the impact fees were collected. C. On an annual basis, the finance director shall provide a report to the Council on the transportation impact fee account showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings of extraordinary and compelling reasons for the City to hold the fees beyond the six (6) year period. Under such circumstances, the Council shall establish the period of time within which the impact fees shall be expended or encumbered. Sec. 12.14.130. Administrative Guidelines. The Public Works Director is hereby authorized to adopt internal guidelines for the administration of transportation impact fees, which may include the adoption of a procedures guide for transportation impact fees. 20 Transportation Impact Fees Amend KCC 12.14 Sec. 12.14.140. Refunds and Offsets. A. If the City fails to expend or encumber the impact fees within six (6) years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to KCC 12.14.120, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis. B. The City shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant or claimant must be the owner of record of the real property against which the impact fee was assessed. C. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one (1) year of the 1 date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the City and expended on the system improvements for which they were collected. E. Refunds of impact fees or offsets against subsequent impact fees under this section shall include any interest earned on the impact fees by the City. F. When the City seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general 21 Transportation Impact Fees Amend KCC 12.14 1 circulation at least two (2) times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one (1) year. At the end of one (1) year, any remaining funds shall be retained by the City, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. G. The City shall also refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, however, that, if the City has expended or encumbered the impact fees in good faith prior to the application for a refund, the director can decline to provide the refund. If within a period of three (3) years, the same or subsequent owner of the j property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset in the amount of t the fee originally paid and not refunded. The petitioner must provide receipts of impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. Determinations of the director shall be in writing and shall j be sub]ect to the appeals procedures set forth in KCC 12.14.110. Sec. 12.14.150. Use of Funds. A. Pursuant to this title, transportation impact fees: 1. Shall be used for system improvements that will reasonably benefit the new development activity; 2. Shall not be imposed to make up for deficiencies in public facilities; and 3. Shall not be used for maintenance or operation. B. Transportation impact fees may be spent for system 22 Transportation Impact Fees Amend KCC 12.14 J improvements to streets and roads as herein defined and, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. C. Transportation impact fees may also be used to recoup system improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of system improvements for which transportation impact fees may be expended, such impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new jdevelopment. Sec. 12.14.160. Review of Rates. The fee rates set forth in the Rate Study may be reviewed and adjusted by the Council as it deems necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the City's comprehensive plan. Sec. 12.14.170. Administrative Fees. A. For each transportation impact fee assessed, there shall be charged an administrative fee in an amount of the greater of three hundred dollars ($300) or one percent (1%) of the amount of the total transportation impact fee. The administrative fee shall be deposited into an administrative fee account within the transportation impact fee account(s). Administrative fees shall be used to defray the city's actual I 23 Transportation Impact Fees Amend KCC 12.14 r costs associated with the assessment and collection and update of the transportation impact fees. An administrative fee is not refundable or creditable. B. The administrative fee shall be paid by the Feepayer at the same time as the impact fee is assessed. Sec. 12.14.180. Existing Authority Unimpaired. Nothing in this title shall preclude the City from requiring the Feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; so long as the exercise of such authority is consistent with the provisions of Chapter 43.21C RCW and Chapter 82.02 RCW. Compliance with this chapter and/or payment of fees under this chapter shall not constitute a determination of i transportation concurrency. Sec. 12.14.190. City of Kent Transportation Impact Fee Schedule. The following impact fee rates will be effective through June 30, 2011. Adjustments to the rates may be made in accordance with KCC 12.14.060 and KCC 12.14.160. 24 Transportation Impact Fees Amend KCC 12.14 Table 1. Impact Fee Rates Outside Downtown Kent for Specific Land Use Types Land Use ITE Land Unit of Impact Fee Use Code Measure Rate Cost Per Trip End $4,b84.20 Residential Single Family 210 dwelling $3,702 220, Multi-Family 221,230,233 dwelling $2,403 Senior Housing 251 dwelling $792 Mobile Home in MH Park 240 dwelling 1 731 Commercial - Services Drive-in Bank 912 sf/GFA $24.34 Hotel 310 room $2,472 Motel 320 room $1,969 Day Care Center 565 sf/GFA $19.58 Library 590 sf/GFA $9.75 Post Office 732 sf/GFA $14.85 Service Station 944 VFP $9,878 Service Station w/minimart 945 sf/GFA $51.90 Auto Care Center 942 sf/GLA $5.46 Movie Theater 444, 445 seat $144 Health Club 492 493 sf/GFA $8.60 Commercial - Institutional Elementary School 520 sf/GFA $1.73 Middle/Jr High School 522 sf/GFA $2.70 High School 530 sf/GFA $3.01 Assisted Living, Nursing Home 254, 620 bed $646 Church 560 sf/GFA $2.14 Hospital 610 sf/GFA 4.78 rCommercial - Restaurant Restaurant 931 sf/GFA $21.34 High Turnover Restaurant 932 sf/GFA $21.49 Fast Food Restaurant 934 sf/GFA $35.70 Espresso w/drive thru 938 sf/GFA $31.50 Commercial — Retail Shopping Shopping Center 820 sf/GLA $5.75 Supermarket 850 sf/GFA $17.32 Convenience Market 851 sf/GFA $32.40 r 25 Transportation Impact Fees Amend KCC 12.14 r r 813, 815, 857, Free Standing Discount Store 863, 864 sf/GFA $7.10 Hardware/Paint Store 816 sf/GFA $3.60 Specialty Retail Center 814 sf/GFA $2.42 Furniture Store 890 sf/GFA $0.49 Home Improvement Superstore 862 sq ft/GFA $3.66 Pharmacy(with Drive 1 Through) 881 sq ft/GFA $9.22 Car Sales -New 841 sf/GFA $9.99 Car Sales -Used NA space 1 080 Commercial - Office' 710, 715, sf/GFA General Office 750 $7. 17 Medical Office 720 sf/GFA $13.05 Industrial Light Industry/Manufacturing 110, 140 sf/GFA $5.19 Heavy Industry 120 sf/GFA $3.64 Industrial Park 130 sf/GFA $4.60 Mini-Warehouse/Storage 151 sf/GFA $1.39 Warehousing 150 sf/GFA $1.71 Notes: i sf/GFA= Square feet Gross Floor Area; sf/GLA= Square Feet Gross Leasable Area; VFP= Vehicle Fueling Position Space= Individual vehicle sales space 26 Transportation Impact Fees Amend KCC 12.14 r Table 2- Downtown Kent Impact Fee Rates for Specific Land Use Types Impact Fee Land Use ITE Land Unit'of Rate (300Io' Use Code Measure of Maximum Downtown Impact Fee Rates Residential Single Family (DT) 210 Dwelling $2 999 220, Multi-Family (DT) 2211230, dwelling 233 $1 946 Senior Housing DT 251 dwelling 642 Commercial - Services Drive-in Bank DT 912 sf/GFA $18.01 Day Care Center DT 565 sf/GFA $14.49 Library DT 590 sf/GFA $7.22 Post Office DT 732 sf/GFA $10.99 Movie Theater DT 444 445 seat $107 Health Club DT 492 493 sf/GFA $6.36 Commercial - Restaurant Restaurant DT 931 sf/GFA $15.79 High Turnover Restaurant 932 sf/GFA DT $15.90 Fast Food Restaurant DT 934 sf/GFA $26.42 Commercial - Retail Shopping Shopping Center DT 820 sf/GLA 4.26 Supermarket DT 850 sf/GFA $12.82 Pharmacy with Drive- 881 sf/GFA Through DT $6.82 Commercial - Office 710, 715, sf/GFA General Office DT 750 $4.88 Medical Office DT 720 sf/GFA 8.88 INotes: GFA = Gross Floor Area GLA = Gross Leasable Area DT = Downtown Kent ' 27 Transportation Impact Fees Amend KCC 12.14 SECTION 2. - Table of Contents and Captions. The table of contents is for convenience only and forms no part of this chapter enacted by this ordinance. The chapter and section captions used in this title are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this title. SECTION 3. - Severability. If any portion of this title is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other chapter or any other section of this title. SECTION 4, - Short Title. Ch. 12.14. KCC created by this ordinance shall be known and may be cited as "the City of Kent Transportation Impact Fee Ordinance." SECTION 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 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 6. - Effective Date. This ordinance shall become effective days from the date of enactment. 1 SUZETTE COOKE, MAYOR ATTEST: BRENDA )ACOBER, CITY CLERK 28 Transportation Impact Fees Amend KCC 12.14 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12010. APPROVED: day of 12010. PUBLISHED: day of , 2010. I hereby certify that this is a true copy of Ordinance No. passed tby 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\TransportationImpactFees dock 29 Transportation Impact Fees Amend KCC 12.14 i FEHR & PEERS TRANSPORTATION CONSULTANTS i MEMORANDUM Date: June 29, 2010 To: Cathy Mooney, City of Kent From: Donald Samdahl Subject: Impact Fee Rate Adjustments for Downtown Kent SE08-0080 We have conducted research into the travel characteristics of land uses in downtown Kent. This memorandum summarizes key findings from the research related to Impact fee rates for downtown Kent land uses. Downtown Kent has higher densities of development, a greater mix of land use types, and is closer to substantial transit services than the rest of the City. These characteristics result in lower trip generation rates and shorter trip lengths for select land uses As a result, the City can reduce the impact fee rates for these land uses. The ITE Trip Generation report and data from national sources were used to determine the lower trip generation rates within the downtown These data also show that average trip lengths are reduced to and from activity centers such as Downtown Kent. Additional details regarding these research findings have been provided to the City as supplemental information. DOWNTOWN KENT Downtown Kent was defined as part of the Downtown Strategic Action Plan (April 2005). The approximate limits of Downtown Kent are SR 167 on the west, Cloudy and James Streets on the north, Woodford Avenue and Titus Street on the east, and Willis Street/SR 516 on the south Figure 1 depicts the boundaries of Downtown Kent, subject to further legal description. 11410 NE 122o'Way, Suite 320 Kirkland, WA 98034-6927 (425)820-0100 F. (425)821-1750 fehrandpeers corn Ms Cathy Mooney June 29, 2010 Page 2of4 r , F, v; P}FR5 3RAHSRORTA11ON CONSUttAHiS Figure 1- Downtown Kent Boundary q"' W,cF� s��* ( o 5 irk' L� t14111 _ ,r_ - Yj=z-$..'fty ,�3� "�1 ! S� Kent t� Z, z,i Downtown Li,- �.�3, m, "�� �' Districts _, ' ��w ctooay St n r North Frame , i �€i9g �'���'i'I i 1• _�`i7i� 1 .N, Ati r� _° E James St �� Ames St .RA b lP �- � 'Central Corridorx •' '• _ s �� n J ^L '` E )" t` =Ya '_;�:tr+ m o � North Gore ! j- x Temperance S , Ay—+-� r•'1 � ^.t�".�„', `1 i�y'.`�f` FM�."9 4L e �-A 2 Q West -_ _ .-°� " - _ 7 E - Smith s{ _ Frame I East Frame r-- ©r � �. . Week ,S,t ' - [ =I'"' m" - 'T'� f-'t"la �, = ` `; ^� Historic Core -- " nit; 79 a J f t? Id gg �"-�� �%�� _ Q , �4 ` ,South Care '�f« 5, 9��$ ._ � ». ws r. , 1 d � 1- " S Kent Des M01#leS Rd ^ n• ' g t CI �y SQUo K"t(;IS zaot m.a�a �' ,�°�. �a�;y � �i� -�' Source: City of Kent, Downtown Strategic Action Plan (2005). Exact boundaries subject to further legal description. 1 l 1 f Ms Cathy Mooney June 29, 2010 Page 3of4 Fiiii. cx I'riRS [RANSVORLA1I0N CONSURINiS IMPACT FEE ADJUSTMENTS Table 1 shows the trip rate adjustment, trip length adjustment, combined adjustment, and percent reduction in impact fees for specific Downtown Kent land uses. Table 1. Downtown Kent Impact Fee Adjustments r Trip Rate Trip Length Combined Percent Land Use Adjustment' Reduction in Adjustment Adjustment Factor Impact Fees Residential 09 09 081 -19% Sinqle and Multi-Family Senior Housing Commercial- Services 082 09 074 -26% Drive-in Bank Day Care Center Library Post Office Movie Theater Health Club Commercial-Restaurant 082 09 074 -26% Restaurant Hiqh Turnover Restaurant Fast Food Restaurant Commercial-Retail 082 09 074 -26% Shoppinq Center Supermarket Pharmacy with Drive- Commercial- Office 075 09 068 -32% General Office Medical Office Ms Cathy Mooney June 29, 2010 ' t' Page 4of4 FL13R b 1'3ER5 IRAMPONiAt]ON CON5Ut1ANIS DOWNTOWN KENT IMPACT FEE RATES Table 2 documents the resulting impact fee rates for the specific land use types in Downtown Kent, assuming a cost per trip equal to 30% of the maximum allowable rate. Table 2- Downtown Kent Impact Fee Rates for Specific Land Use Types , ITE'Lar Use "Unit of Impact Fee Land Use Code Measure Rate )of Maximumum Downtown Impact Fee Rates Residential Single Family(DT) 210 dwelling $2,999 Multi-Family (DT) 220 221 230 dwelling $1,946 Senior Housing DT 251 dwelling $642 Commercial-Services Drive-in Bank DT 912 sf/GFA $18 01 Day Care Center DT 565 sf/GFA $14 49 Libra DT 590 sf/GFA $7 22 Post Office DT 732 sf/GFA $10 99 Movie Theater DT 444, 445 seat $107 Health Club DT 492, 493 sf/GFA $6 36 Commercial- Restaurant Restaurant DT 931 sf/GFA $15 79 High Turnover Restaurant DT 932 sf/GFA $15 90 Fast Food Restaurant DT 934 sf/GFA $26 42 Commercial-Retail Shopping Shopping Center DT 820 sf/GLA $4 26 Supermarket DT 850 sf/GFA $12 82 Pharmacy with Drive-Through 881 sf/GFA DT $6 82 Commercial- Office General Office DT 710, 715, 750 sf/GFA $4 88 Medical Office DT 720 sf/GFA $8 88 Notes GFA = Gross Floor Area GLA= Gross Leasable Area DT = Downtown Kent l PUBLIC WORKS ENGINEERING Timothy J. LaPorte P.E., Public Works Director Phone- 253-856-5500 K E IN T Fax 253 856 6500 w n s H u c 1 o e Address: 220 Fourth Avenue S Kent, WA 98032-5895 1 Memorandum { Date: June 30, 2010 To: Kent City Council Through: Timothy J. LaPorte, Public Works Director From: Cathy Mooney, Senior Transportation Planner RE: Proposed Transportation Impact Fee Ordinance The previous memo outlines the evolution of the Transportation Impact Fee Ordinance up through the last public meeting which was held on June 21, 2010 at Public Works Committee. Here's what we heard coming out of the discussion from that 6/21 Public Works Committee. There were three significant modifications requested to be made to the Draft Ordinance. Committee asked staff to: 1) Phase in the Impact Fees over a 7-year period rather than the previously proposed 5 year period. This is reflected in Section 12.14.060 of the ordinance Assessment of Impact Fees'. 2) Start out at a 30% level rather than the previously proposed 52% level. This is reflected in Section 12.14.190 Table 1 'Impact Fee Rates Outside Downtown Kent for Specific Land Use Types'. A copy of this Table showing the 30% level of rates is imbedded in the ordinance but is also attached here for your review. 3) Create a separate and lower Impact Fee Rate for the Downtown Area. This is to encourage development in the Downtown Center and to recognize the investments that the City has made in enhanced pedestrian and bicycle infrastructure as well as the easy access to train and bus modes. A "Memorandum-Downtown Kent Trip Reductions" which explains the methodology and displays the reduced downtown rates is also attached here. In addition to these three changes, there was discussion to verify that the Council has the authority to review and adjust the rates whenever they wish. This clause can be found in Section 12.14.160 'Review of Rates' which says: "The fee rates set forth in the Rate Study may be reviewed and adjusted by the Council as it deems necessary and appropriate in conjunction with the annual update of the capital Memorandum: June 30, 2010 Page 2 facilities plan element of the City's comprehensive plan." This means that the Council may adjust the rates, stop the next Increase or take any other action It deems necessary when It conducts Its annual review. Our Legal Department has left the effective date of the ordinance blank so that Council can make this determination. Legally, this type of an ordinance could become effective as early as 5 days after adoption. There was some discussion about allowing as much as 60 days before It becomes effective In order to give any developers who are close to submitting an application or close to getting their financing wrapped up enough time to file for their permit early and avoid this new fee. That way they could not say we sprung this on them when they were close to submittal. Please let me know If you have any questions. Cathy Cathy Mooney,senior Transportation Planner Transportation Engineering I Public Works Department 220 Fourth Avenue South, Kent, WA 98032 $ Phone 253-856-5564 1 Cell 253-350-4972 KENT www.ci.kent.wa..Us/transportation . . _ .£,.��::�, ` i G x :�e,3°. .. 1«Ji;t• Y121�C1hC €9t35E— 4i is1 i i ' Kent City Council Meeting Date July 6, 2010 Category Bids - 8A 1. SUBJECT: HORSESHOE BEND/FOSTER PARK LEVEE SR 167 TO UPRR ' 2. SUMMARY STATEMENT: The bid opening for this project was held on June 29, 2010, with 12 bids received. The low bid was submitted by Lloyd Enterprises, Inc. in the amount of $422,898.18. The Engineer's estimate was $722,846.07. 3. EXHIBITS: Public Works Memo dated 6/30/2010 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Counalmember seconds to authorize the Mayor to sign an agreement on the Horseshoe Bend/Foster Park Levee project with Lloyd Enterprises, Inc. in the amount of $422,898.18. DISCUSSION: ACTION: ' PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. WASHINGTON Kent, WA 98032-5895 Phone 253-856-5500 Fax: 253-856-6500 DATE: June 30, 2010 TO: Mayor Cooke and Kent City Council FROM: Tim LaPorte, P.E., Public Works Director RE: Horseshoe Bend/Foster Park Levee SR 167 to UPRR The bid opening for this project was held on June 30, 2010 with 12 bids received. The low responsive bid was submitted by Lloyd Enterprises Inc , in the amount of $422,898.18. The Engineer's estimate was $772,846 07. The Public Works Director recommends awarding this contract to Lloyd Enterprises Inc. Bid Summary• 1. Lloyd Enterprises, Inc. $ 422,898.18 2. Interwest Development NW $ 488,436 08 3. SCI Infrastructure, LLC $ 515,886.82 4. Fardig Development, Inc. $ 517,908.39 ' 5. Johansen Excavating, Inc. $ 555,059.06 6. Construct Company, Inc. $ 578,799.26 7. Scarsella Brothers Inc. $ 596,394.71 8. Titan Earthwork $ 598.682.49 9, Olson Brothers Excavating, Inc. $ 623,805.73 10. Rodarte Construction, Inc. $ 625,717.22 11. RO-CON Equipment Specialist $ 630,868.59 12. Westwater Construction Company $ 666,058.39 Engineer's Estimate $ 772,846.07 ' U \PWCommittee\2010\ToCouncl1\07 06 10 doc iREPORTS FROM STANDING COMMITTEES AND STAFF iA. COUNCIL PRESIDENT ' B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE i E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS COMMITTEE H. ADMINISTRATION i iREPORTS FROM SPECIAL COMMITTEES i ' 1 ' KENT W A S H I N O T O N OPERATIONS COMMITTEE MINUTES JUNE 11 2010 Committee Members Present: Debbie Raplee, Jamie Perry, Ron Harmon. Harmon was representing Les Thomas in his absence. The meeting was called to order by Perry at 4:02 p.m. ' 1. APPROVAL OF MINUTES DATED APRIL 20, 2010 Harmon moved to approve the minutes of the May 18, 2010 Operations Committee meeting. Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED MAY 15, 2010 Raplee moved to approve the vouchers dated May 15, 2010. Harmon seconded the motion, which passed 3-0. 3. RECOMMEND THAT THE PROPOSED BUSINESS LICENSE FEES ORDINANCE ' BE PLACED ON THE CITY COUNCIL'S JUNE 15, 2010 AGENDA FOR FINAL PASSAGE ' As requested by City Council at a workshop and as directed by the Mayor's office, this ordinance clarifies that all business entities doing business in Kent must obtain general business licenses whether they have premises or offices in Kent or are located outside the City. Hodgson stated the fee will be enforced through the permit process on the application. It is based on a year term from when the permit is requested. It is anticipated to generate $50,000.00 in revenue. ' Harmon moved to recommend that the proposed Business License Fees ordinance be placed on the City Council's June 15, 2010 agenda. Raplee seconded the motion, which passed 3-0. ' 4. RECOMMEND THAT THE PROPOSED ORDINANCE TO INCREASE MONETARY PENALTIES FOR PARKING VIOLATIONS IN KENT BE PLACED ON THE CITY COUNCIL'S JUNE 15, 2010 AGENDA Staff is recommending the monetary penalties for parking violations in Kent. These fees have not been adjusted since 1994. Deputy Chief, Painter, stated that a study of local jurisdictions was made to determine the fee. The anticipated revenue from the increase in fees is estimated to generate $25,000 in 2010 and double in 2011. These increased fees ' will be used to maintain various police services. Raplee moved to recommend that the proposed ordinance to increase monetary penalties for parking violations in Kent be placed on the City Council's June 15, 2010 agenda. Harmon seconded the motion, which passed 3-0. Operations Committee Minutes ' June 1, 2010 Page: 2 5. RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE THE ORDINANCE AMENDING THE ADMISSIONS TAX CODE TO REMOVE THE ' EXEMPTION FOR GOVERNMENTAL ESTABLISHMENTS OPERATED AS A BUSINESS AND FORWARD IT TO THE JUNE 15, 2010 CITY COUNCIL AGENDA. , As a part of the budget adjustments proposed by the Parks, Recreation, and Community Services department, a proposal to increase revenues through the Admissions tax was , made. When this ordinance was initially enacted, the customers of the Riverbend Golf Course were exempted from the payment of the Admissions tax. This ordinance deletes that exemption and imposes the tax on admissions to the golf course. The current tax is 5%. , The anticipated revenues from this repeal of the exemption are estimated to produce $40,000 for the six months of this fiscal year. This amount will be doubled for the 2011 ' budget. Brubaker noted to council he will amend the ordinance language regarding government enterprises to make it clearer before it goes to council. ' Harmon moved to recommend that the Operations Committee authorize the ordinance amending the Admissions Tax code to remove the exemption for , governmental establishments operated as a business and forward it to the June 15, 2010 City Council agenda. Raplee seconded the motion, which passed 3-0. 6. RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE THE , ORDINANCE AMENDING THE ADOPTED 2010 OPERATING BUDGET AND FORWARD IT TO THE JUNE 15, 2010 CITY COUNCIL AGENDA. The 2010 budget reductions have been discussed with the various department directors and the City Council on several occasions. The results of these discussions are incorporated into , the attached ordinance Along with significant reductions in departmental budget, there are several recommendations for revenue enhancements. Those revenue enhancements are incorporated in various other ordinances which will be brought forward. Nachlinger further explained the reduction summary. Perry was satisfied with the resolution. , Raplee moved to recommend that the Operations Committee authorize the ordinance amending the adopted 2010 Operating Budget and forward it to the ' June 15, 2010 City Council agenda. Harmon seconded the motion, which passed 3-0. 7. RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE THE ' ORDINANCE ESTABLISHING THE BUDGET FOR THE COSTS OF SERVING THE PANTHER LAKE ANNEXATION AREA AND APPROVING THE ADDITIONAL POSITIONS NECESSARY TO PROVIDE THOSE SERVICES AND FORWARD IT ' TO THE JUNE 15, 2010 CITY COUNCIL AGENDA. The estimate for the costs associated with providing services to the Panther Lake area for , the last six months of the fiscal year are anticipated to be $6,094,051 and more fully detailed in the attachment to the ordinance. The ordinance additionally provides for the 3 Operations Committee Minutes June 1, 2010 Page: 3 ' creation of 56.53 full time equivalent positions for the personnel to provide the services to the annexation area. Hodgson clarified that the staff that are being hired for annexation are ' field staff and no managers are being added. We will be adding 5-7 more next year. This still puts us under the population ratio for service staff, which, based on the increased population would be 200 employees. Harmon noted residence will notice a strong public ' safety presence in the annexation area. Position job descriptions will be reviewed and modified if needed. Harmon moved to recommend that the Operations Committee authorize the ordinance establishing the budget for the costs of serving the Panther Lake Annexation Area and approving the additional positions necessary to provide those services and forward it to the June 15, 2010 City Council agenda. Raplee seconded the motion, which passed 3-0. S. THE APRIL SUMMARY BUDGET REPORT WAS REVIEWED AND DISCUSSED. Nachlinger noted the City is on track for the adjusted budget and an expected $4 million increase in the fund balance for the year, giving us a total fund balance of $8 2. At Council's request, Nachlinger will start providing graphs with the Summary Financial Report and a past year comparison report. The meeting adjourned at 4:37 p.m. by Perry. i E t 1 Pam ela Clark Operations Committee Secretary ' Page 1 City of Kent 1 Parks and Human Services Committee Meeting KE�NT Minutes of May 13, 2010 Council Committee Members Present: Chair Debbie Ranniger, Elizabeth ' Albertson and Dennis Higgins Debbie Ranniger called the meeting to order at 5:03 p.m. ' Added Item: City of Seattle Grant Agreement for Safe Havens - Authorize 1. Minutes of April 18, 2010 - Approve Dennis Higgins moved to approve the minutes of April 18, 2010. Elizabeth Albertson seconded. The motion passed 3-0. 2. Added Item• City of Seattle Grant Agreement for Safe Havens - Authorize ' Katherin Johnson, Manager of Housing and Human Services, reported that the weekend before the center was to close, $50,000 was raised to keep it open. The City of Seattle has donated an additional $30,000 for Seattle residents who use the center. The Lucky 7 Foundation donated $17,000. Katherin noted that approximately $30,000 is still needed to keep the center open for remainder of 2010. Staff and The Friends of Safe Havens were commended for their dedication in continuing to look for funding and locate a non-profit organization to operate the facility. Elizabeth Albertson moved to recommend authorizing the Mayor to sign the City of Seattle, Domestic Violence Grant of $30,000.00 to fund Safe Havens services, and approving the expenditure of funds in the Safe Havens budget. Dennis Higgins seconded. The motion passed 3-0. 3. 4Culture King County Performance Network Grant - Authorize Ronda Billerbeck, Manager of Cultural Programs announced that 4Culture I awarded the Kent Arts Commission $5,129.00 in King County Performance Network funding. The funding supported 2009 site specific performances by musician Paul Rucker and dancer/choreographer Alex Martin. The performances took place at Mill Creek Canyon Earthworks Park in conjunction with the Americans for the Arts National Conference that was held in Seattle in June 2009. Kent Arts Commission hosted an Earthworks tour at the park I and the performances were part of the tour. Ronda explained that though funding was used for performances in 2009, the 4Culture contract was not issued until early 2010. 1 Dennis Higgins moved to recommend Council accept the $5,129.00 from 4Culture that supported the 2009 Kent Arts Commission site specific 1 Page 1 Page 2 , performances, and approve amending the 2010 Kent Arts Commission ' budget. Elizabeth Albertson seconded. The motion passed 3-0. 4. Kent Commons Architectural Contract Amendment - Authorize ' Jeff explained that when the design agreement for Kent Commons renovation with Architect, David Clark was executed, it was for less than $25,000,00. , The agreement did not include construction administration fees because the project is being completed in-house. When the walls were demolished during construction, it was discovered that a support post and footing were missing , from the original construction. David Clark was asked to determine a resolution and complete a design that was acceptable to the city's building official. Mr. Clark was also asked to complete design work required for the ' HVAC system. The amendment equals $1,000.00, pushing the contract total amount over $25,000.00 and requiring Council authorization. Elizabeth Albertson moved to recommend Council authorize the Mayor to sign , the contract amendment in the amount of $1,000.00 for the Kent Commons Remodel. Dennis Higgins seconded. The motion passed 3-0. , S. Riverbend Restaurant Lease Agreement - Authorize Jeff reported that a Request for Proposals (RFP) was sent out earlier this , spring for new operators to fill the recently vacated restaurant space at the Riverbend Golf Complex. As an outsourced operation, the restaurant serves as an important support service to the Golf Complex, as well as a viable commercial space along the West Meeker Street corridor. Seven submittals were received by the April 12 deadline. Interviews were conducted on April 21 by a panel consisting of residents, members of the Riverbend Ladies' and Men's' Clubs, and city staff. After discussion, Mick Kelly's, Inc. was chosen to operate the restaurant at Riverbend. The name of ' the restaurant will be Mick Kelly's Irish Pub at Riverbend. Mick Kelly's currently operate a very successful restaurant in Burien and provide food service at Glen Acres Golf Course. The Irish pub theme will fit in well at ' Riverbend and their experience will best serve the golfers and generate new business to the Complex as well. Dennis Higgins moved to recommend Council authorize the Mayor to sign the lease agreement with Mick Kelly's, Inc. to operate the restaurant at the Riverbend Golf Complex, subject to final terms and conditions acceptable to the City Attorney. Elizabeth Albertson seconded. The motion passed 3-0. Mick Purdy and Adrian Kelly, owners of Mick Kelly's attended the meeting for ' introduction to the committee by Jeff. Mr. Purdy and Mr. Kelly are excited to be a part of the Kent community and look forward to being actively involved in many events, fund raisers, and programs that encourage community , support. Page 2 Page 3 6. Recreation and Conservation Office Grant Application Resolution - Adopt 1 Jeff explained that each year staff pursues funding for park development and/or acquisition of property through the Recreation and Conservation Office (RCO). RCO requires a resolution to apply for funds. Staff is requesting authorization to submit the grant applications to the RCO Washington Wildlife and Recreation Program to fund development projects at West Hill Park and Lake Meridian Park; acquisitions at Clark Lake Park and properties within the newly annexed Panther Lake area. The city will be able to list priorities in competing categories for funding. Elizabeth Albertson moved to recommend Council adopt the resolution authorizing grant applications to the Recreation and Conservation Office to fund acquisition and development projects. Dennis Higgins seconded. The motion passed 3-0. 7. Director's Report Partners in Preservation Grant Jeff reported that by closing of competition, Mill Creek Earthworks Park finished 12th in the 25 project listing competing for $1,000,000 in preservation funding through the American Express Foundation and National Trust for Historic Preservation. Funding awards will be announced on June 1 15. Town Square Plaza Art Work Jeff stated that many positive comments have been received on the five sculptures inspired by the pods of the sweet gum tree that were installed at Town Square Plaza on 2nd Avenue between Harrison and Smith streets. Lights will be installed next week and they will be illuminated at night, lighting the way for pedestrians on 2"d Avenue. The artwork dedication is scheduled for June 12, to coincide with the opening of the 2010 Saturday Market. Debbie Ranniger complimented the artist on designing pieces that create a night time interest in the downtown area. The layout encourages pedestrians to travel to and from the downtown area and Kent Station. Jamboree Season The kick off for Jamborees has begun. In April, the T-Ball and Toss Ball Jamborees had 600 players and 90 volunteer coaches. Service Club Ballfields hosted the Boys Baseball Jamboree with 500 players and 80 volunteer coaches. And this weekend, the Girls Basketball Jamboree - has 25 teams signed up, with the expectation of 250 participants. 1 There were 1,300 participants at the Junior Olympics last weekend. The event is in partnership with the Kent School District and held at French Field. It not only encourages community pride, but employs teens as track area Page 3 Page 4 , officials. There were 70 teens working as officials this year. Jeff encouraged , Council to attend a sporting event because it's a great opportunity to meet and talk to Kent residents. Off Leash Dog Park There have been four scheduled work parties to clean up Morrill Meadows , Park for the new off leash dog area. One more work party is scheduled for this Saturday. Heavy equipment operated by Park Maintenance assisted the group in some major brush clearing. The fund raising group is looking to , raise $25,000 for projects. The first project will be fencing. Future phased improvements include a dog agility course and a water feature. Color plantings , In the downtown area, the planting of spring and summer flowers has begun. About 50% of flowers were propagated from last year's seeds to save ' money. Riverbend Golf Complex , For the last few years, the volume of water from the well at Riverbend has been dropping due to sludge impeding the flow of water. Staff is looking at the most effective way to approach this issue, either by repairing the well or digging a new one. Staff enlisted the help of the city's Utilities Department and weed experts. One expert said this issue may be a result of the Nisqually quake when water was shifted and redirected. The valley soil is not rocky and the earth around the well is slushy with vines, creating pressure against the filter. For the short-term, water for the course is coming from a fire hydrant. Council asked if there is a line item in the Enterprise Fund budget for future well drilling. Jeff responded that this is the last year of debt service for Riverbend and staff is putting together a 5-10 year plan, looking at reinvesting these funds back into the golf course. There are a number of projects that are being reviewed and prioritized. The well ranks high on the , list of priorities. The meeting adjourned at 5:35 p.m. j Submitted by, 34ii Aeho& Teri Petrole, Council Committee Secretary Page 4 1 1 �••� KEN T ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES May 10, 2010 Committee Members Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger Chair Perry called the meeting to order at 5:00 p.m. ' 1. APPROVAL OF MINUTES Ranniger MOVED and Perry SECONDED to approve the April 12, 2010 Minutes. Motion PASSED 3-0. Passed with pending concurrence 2. Deferral of Development Fees—Hearing Mayor Cooke addressed the Committee regarding the issue of deferring fees as in the ' context of the current economy and its impacts on development As a result of the depression in the housing market, the cost of improvements required with new homes and the cost of money for developers, the idea of deferring costs is a trend that is happening all across the county and in King County. Deferring part of the fees the developer pays up front until the residence is purchased, allows money to be leveraged to pay for the City's fees. This came clear as a path we wanted to offer to help our housing base, residents and Iour economic status. Matt Gilbert presented to the Committee and summarized an ordinance to implement fee deferrals as discussed at the April 12 meeting. Mr. Gilbert noted that we are addressing development mitigation fees collected at the time a single family building permit is issued. Fee deferrals are limited to new single family homes intended for sale. The fees which are available for deferral are development mitigation payments, which do not impact the City's 1 general fund. These payments include drainage system development charges, water system development charges, school impact, and traffic mitigation fees. Under staff's recommendation, these fees would be bundled into a lien, at the owners discretion could be filed by the City against the property, to be paid at the time the home is sold. This lien will come up in the escrow process and will need to be paid through the closing of the sale. Water permits will also be part of this and are a separate fee; these are also required to be bundled in with deferred building permit fees if the lien option is exercised. The disclosure issue that came up at the April 121h meeting is covered under the State of Washington and other encumbrances on property and under the ordinance, the City will require this notice process be used as well, so no one is surprised. Mr. Gilbert noted that when the lien is released there is a recording fee which is not included in the $140 fee called out in the motion. To account for the additional County recording cost, this fee amount should be stated in the motion as $202. Additionally the lien administration fee will need to be added to the City's fee schedule. Councilmember Albertson questioned how we ensure that the lien is not paid by the purchaser. She clarified that the ordinance does not require the builder/seller to pay off the lien at time of escrow. Council Chair Perry stated it is in Section 4 and the seller is responsible Is the lien with the builder or on the property? It is on the property, responded Gilbert. That is what makes me uncomfortable stated Councilmember Albertson. Councilmember Albertson states, anything that is a hold on the title is on the table and that is my issue with the way this is written. Council Chair Perry asked why the water fee is included. Gilbert responded that there are two charges to be paid when a water permit is issued, tap charge and system development fee. The tap fee is being paid the same as today. System development fee goes into the water fund to pay for larger projects and is just different name for impact fee. 2 Councilmember Albertson asked Kim Adam-Pratt from the City Law Department, who is , responsible to pay. It doesn't say the seller must pay it Just says it is required to be paid. Pratt responded we can specify who has to pay it, at this time we are Just requiring it to be ' paid. It will come up as a lien on the title and it has to be cleared before the deed is exchanged, this will be addressed during the escrow process. The buyer will be able to see it on their escrow statement. Councilmember Ranniger MOVED and Councilmember Albertson SECONDED to open the Public Hearing. Motion PASSED 3-0. Council Chair Perry opened the Public Hearing. ' Fred High, Assistant Superintendent, Kent School District, 12033 SE 2561h, Kent, WA. Would like to Join the Federal Way School District, who sent by email a letter to Join Kent School District in asking the school impact fees be exempt from this ordinance. Garret Huffman, Master Builders Association King and Snohomish Counties , Stated for the record he is in full support of the ordinance Several of the neighboring cities, such as Federal Way, Covington, Burien and Renton are all moving forward with this issue. Gerald E. Schneider, Schneider Homes, 6510 S. Center Blvd. Has a big development that will be happening in the Kent city limits and the impact fee will be devastating to pay up front. The thing about impact is there is no impact till the home is occupied. The average time for construction and buyers to move in are 10-12 months. The impact fees would be a real burden on Schneider Homes. I came in to say to defer the impact fees till the closing. Paul Lymberis, Sr. Development Manager Quadrant Homes, PO Box 130, Bellevue, WA. Would like to echo everything the last two gentlemen said. We would like to get into the Kent market area. By deferring the payment to a later time always helps the bottom line. Hans Korve, 726 Auburn Way N., Auburn, WA. With all due respect to the school district and their concerns, a child doesn't show up when the building permit is issued or picked up it is when they move into the district. When a building permit is picked up, it also doesn't show up as what type of student it is, elementary, Jr. or High School student. Councilmember Perry asked of Fred High, how do you build a school? Only with a demonstrated need in the area, stated Fred High, Assistant Superintendent, Kent School District. We can't sell bonds without raising tax rates on the residents of the City of Kent Impact fees will become the reliable sources to house or take care of the temporary impact from new growth. Councilmember Ranniger asked Matt Gilbert is it correct we pay the impact fees on ' quarterly bases, not monthly? Yes, I checked with Finance and that is our procedure. Could we consider adjusting how frequently the City pays out the fees to solve the short fall Councilmember Ranniger asked? We could raise that question with Finance, Gilbert responded Gilbert wanted to make sure staff understands the administration fee of $202 and ask that Council comes back at a later date to make sure the fee is covering all costs Council Chair Perry agreed. Councilmember Albertson wanted to know what happens when builders go bankrupt, where ' does that leave the city in respect to the lien? Kim Adams-Pratt from legal stated we will 3 want to make sure we are in first position, and if a foreclosure happens our lien will not be wiped out. Council Chair Perry asked is it feasible to pay the school district monthly? Yes was stated by Bob Nachlinger Finance Director. Albertson MOVED and Ranniger SECONDED a Motion to close the public hearing and add to the next Council meeting as Other Business. Motion PASSED 2-1. Councilmember Ranniger moved to Approve amendments to Kent City Code title ' seven and title twelve, related to timing of development mitigation fee collection as recommended by staff. Additionally, direct staff to prepare and update of Kent City Council Resolution 1740 to include a $202 payable prior to recordation of each fee deferral lien. Council Chair Perry 2"d. Passed 2-1, goes to other business. 3. Adoption and Amendment of 2009 Building and Fire Codes Bob Hutchinson, City Building Official stated this updated occurs every 3 years. The purpose before committee is the 2009 addition on the State Building Code The State Building Code Council has adopted and will be in effect state wide on July 15` 1 This ordinance does not contain provisions that allow fire sprinklers in residential homes. Fire Marshall, Jon Napier touched on wanting to add all of the appendices into the body of the code to make it easier for people to find and read. Along with asking for ability to make changes to fire alarm and sprinkler systems so they don't send false alarms. It's noted a clarification of the budget change which is being corrected to reflect $15,000 of revenue due to 3 new permit types; we will be adding commercial kitchens, emergency stand-by power supply, which is due to existing fire hazards in commercial kitchens. Unique to Kent is the hazard of idle pallet storage Staff will be requiring a setback of a minimum of 10 feet with a possible maximum of 20 feet. Councilmember Albertson moved to recommend Council enact ordinances adopting the 2009 editions of the International Building, Residential, Mechanical and Fire Codes and the Uniform Plumbing Code, and the 2009 Washington State Energy Code, together with the City's local amendments to those codes as depicted in Exhibits A and B, Councilmember Ranniger 2"d, Motion passed 3-0 4. Panther Lake Annexation Interlocal Agreement with King County Planning Director Fred Satterstrom stated this item is not ready to bring to the committee at this time. Staff will bring back to committee next month if sufficient progress has been made with King County. 5. Panther Lake Annexation Special Census Calm River Consultant Services Agreement Planning Director Fred Satterstrom explained that the city has to do a census of the population with in the first 30 days following the effective date of the Panther Lake 1 Annexation. This is a large population of approximately 24,000 to 25,000 people and the state has allowed us to start 2 weeks early. Staff interviewed two companies and Calm River was chosen. They have done annexation population census for Auburn and Burien. The agreement is for $122,000 with a contingency for every unit over 8250 it is $12.50 per unit. Sufficient monies are already in the Council approved annexation budget. 1 Councilmember Ranniger moved to authorize the Mayor to sign a contract with Calm River, not to exceed $122,217, to provide census services to the City of Kent for the Panther Lake Annexation area special census as required by the State of 4 Washington Office of Financial Management. Councilmember Albertson 2nd, Motion passed 3-0 6. Economic Development Report — Information Only No Report was given Adiournment Council Chair Perry Adjourned the Meeting at 6:20 p.m. Julie Pulliam , Economic & Community Development Committee Secretary P\Planning\ECDC\2010\Minutes\05-10-10 Min dm 1 I 1 1 1 1 1 3 I PUBLIC WORKS COMMITTEE MINUTES Monday, June 7, 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 4:04 p.m. ITEM 1 - Approval of Minutes Dated May 17, 2010: Committee Member Harmon moved to approve the minutes of May 17, 2010. The motion was seconded by Higgins and passed 3-0. ITEM 2 - Transportation Financing Consultant Agreement w/Fehr & Peers, Inc: Cathy Mooney, Senior Transportation Planner noted that the city is investigating future financing alternatives associated with the transportation capital projects indentified in the 2008 Transportation Master Plan (TMP). Fehr and Peers, Inc. performed the transportation demand forecast modeling and prepared the needs analysis which formed the basis for the 22-year transportation plan. Mooney went on the explain that the consultant (Fehr & Peers) will review and rework the financial forecasts associated with the transportation funding analysis, since previous work is out of date. They will look further at funding sources. Payment for this work is available in our TMP budget, $20,000. Higgins moved to recommend authorization for the Mayor to sign a Consultant Services Agreement between the City of Kent and Fehr and Peers, Inc not to exceed $20,000 to conduct transportation funding analysis and provide recommendations for financing the transportation capital needs indentified in the 2008 Transportation Master Plan subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 3 -Draft 2011 - 2016 Six Year Transportation Improvement Program (TIP): Steve Mullen Transportation Engineering Manager stated that when all added up the Transportation Improvement Plan is over $622 million in projects. None of the projects from last year have been completed therefore are still on the list. Mullen requested that the committee forward the Draft 2011 - 2016 Six Year Transportation Improvement Program to the full Council so that they may set a Public Hearing. The TIP includes planning studies, street, bicycle, pedestrian, traffic signal, and transit improvements as well as street maintenance and preservation projects. Mullen briefly went over the four new projects totaling $81,400,000 which are mostly in the new Panther Lake annexation area. Including all of these projects in the Six Year TIP allows the City to begin looking for funding partners and applying for grants to see if these projects will be feasible. State law requires that each city develop a local TIP and that it be updated annually (RCW 35.77.010). Harmon moved to recommend that the Public Works Committee forward the Draft 2011-2016 Six Year Transportation Improvement Program (TIP) to the full Council and recommend that Council set a date for a Public Hearing. The motion was seconded by Higgins and passed 3-0. ITEM 4 - S. 2241h Street/SR 167 Bridge Consultant Agreement with Shearer Design LLC: Garrett Inouye, P.E., Project Engineer gave a brief history of the project. He explained that the S. 224th Street project was approved by council on April 1, 2008. The Project will extend S. 224th Street near East Valley Highway to Benson Road. The project includes a bridge over SR 167 and 4 PUBLIC WORKS COMMITTEE MINUTES , Monday, June 7, 2010 881h Avenue S. The Consultant will provide structural engineering services for the design of the t new bridge and wall structures. The consultant will also assist in obtaining WSDOT and environmental permits to construct the project. Harmon asked if any homes are going to be acquired for this project; Inouye stated four or five homes are identified in the EIS as needing to be acquired and those citizens are able to see which homes have been identified. Higgins asked about the bidding process. LaPorte stated that firms were short listed and interviewed. Higgins moved to recommend authorizing the Mayor to sign a Consultant Services Agreement with Shearer Design LLC for the purpose of designing the S. 2241h Street/SR 167 Bridge and assist in obtaining WSDOT Developer Services permits in an amount not to exceed $262,540.00.00 upon concurrence of final terms and conditions by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 5 — Daniel and Horizon Safe Walking Routes to School Proiect: Mark Madfai, Design Engineering Supervisor gave a brief PowerPoint Presentation outlining the history of the project. He also showed a map of the areas and went over the funding sources. ' The project will provide new sidewalks where none currently exist to provide safe walking routes to Daniel Elementary School on SE 248th St. between 1081h Ave. SE and 116th Ave SE and to the Horizon Elementary School on 144th Ave. SE from SE 2761h PI. and SE 288th Street We are currently waiting for Washington Department of Transportation's approval to bid the project The project will utilize two federal grants totaling $1,334,100. Federal projects require more steps and review time from Washington State Department of Transportation who administer federal funds. Madfai further noted that it is our goal to have the project substantially complete by September 1, 2010 to allow the sidewalks to be available for the next school year Having prior approval will save several weeks in the schedule and allow construction to begin earlier. Harmon moved to authorize the Mayor to sign a contract for award of the Daniel and Horizon Safe Walking Routes to School Project to the lowest responsive and responsible bidder within the engineer's estimate, upon opening of bids subject to the approval of the City Attorney. The motion was seconded by Higgins and passed 3-0. Item 6 — Levee Certification Analysis Consultant Agreement with Northwest Hydraulic Consultants Inc: Mike Mactutis, P.E., Environmental Engineering Manager explained that the Federal Emergency Management Agency (FEMA) is in the process of revising its flood insurance rate maps for the Green River Basin with the new flood hazard areas being based on the conclusion that the Green River levees in Kent are not federally certified. He noted that in order for the City to prioritize and submit requests to FEMA, the city must determine the effects to the flood hazard area of certifying the proposed levees. Northwest Hydraulic Consultants (NHC) has done much of the recent hydrologic and hydraulic modeling work in the Green River Valley related to establishing flood hazard boundaries and depths. This proposed consultant services agreement will allow NHC to conduct their analyses and levee certifications in Kent. Higgins moved to authorize the Mayor to sign a consultant services contract with , Northwest Hydraulic Consultants Inc in the amount of $32,324.00 for the purpose of analyzing and reporting on proposed changes to flood hazard areas under a series of Green River levee certification alternatives with concurrence of the language therein by rr 5 PUBLIC WORKS COMMITTEE MINUTES Monday, June 7, 2010 the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. Item 7 —Riverview Park Restoration Proiect Agreement with King Conservation District WRIA 9 Forum: Beth Tan, Environmental Engineer noted that staff has secured two grants. She went on to give a brief history of the project which is located on City Park Department property known as Riverview Park which is located along the Green River south of Willis Street and west of SR 167. Currently the park is a passive use park. Tan stated that by the creation of a new off-river channel, the project will provide summer rearing habitat and high flow winter refuge for salmon along the Green River. Major excavating work will be done moving 60 thousand cubic yards of materials (approximately 6,000 truckloads). The City of Kent was awarded a $690,000 00 grant from the King Conservation District (KCD) to complete construction of the project. The grant fund will be used as a portion of the City of Kent's payment to the Army Corps of Engineers for its share of the 2011 construction of the Riverview Park Restoration Project. I Harmon moved to recommend authorizing the Mayor to sign the King Conservation District WRIA 9 Forum's Agreement for the city to receive a $690,000.00 grant award to be used for the City of Kent's Riverview Park Restoration Project upon concurrence of the language therein by the Public Works Director and the City Attorney. The motion was seconded by Higgins and passed 3-0. Item 8 — Riverview Park Restoration Proiect Agreement with Washington State 1 Recreation and Conservation Office through the Salmon Recovery Funding Board: Beth Tan, Environmental Engineer stated that this project is the same as item 7. In March of 2010, the City of Kent received a $500,000 grant from the Washington State Recreation and Conservation Office Salmon Recovery Funding Board. The grant fund will be used as a portion of the City of Kent's payment to the Army Corps of Engineers for its share of the 2011 construction of the Riverview Park Restoration Project. Accepting the grant funds for construction is one of the final steps to complete this critical salmon habitat restoration project. I Higgins moved to recommend authorizing the Mayor to sign the Washington State Recreation and Conservation Office Salmon Recovery Funding Board Agreement to receive a $500,000.00 grant award to be used for the City of Kent's Riverview Park Restoration Project upon concurrence of the language therein by the Public Works Director and City Attorney. The motion was seconded by Harmon and passed 3-0. Item 9 — Railroad Ouiet Zone — Union Pacific Reimbursement: Tim LaPorte noted at the beginning of the meeting that this item will be presented as an information only item. Steve Mullen, Transportation Engineering Manager explained that the Union Pacific Railroad will not agree to meet unless its costs are reimbursed by the City. If Union Pacific does not participate, it would be very difficult to determine if a quiet zone could be established for its crossings. Staff recommends not entering into an agreement to pay for these services at this time. We will apply what we learn from the Burlington Northern review. 6 ' PUBLIC WORKS COMMITTEE MINUTES , Monday, June 7, 2010 No Motion Required/Information Only I Item 10 — Information Only/Clark Springs Water Supply Habitat Conservation Plan (HCP): Kelly Peterson, AICP, Environmental Conservation Supervisor, presented an informative PowerPoint presentation explaining what a Habitat Conservation Plan (HCP) is and why Kent is in the process of negotiating one with the USFWS and NOAA Fisheries. He showed a vicinity map and elements of the draft HCP. Peterson went over required HCP mitigation projects and briefly explained each one. For more information you can contact Peterson at (253) 856-5547 No Motion Required/Information Only j Adiourned: The meeting was adjourned at 5:07 p.m. Next Regularly Scheduled Meeting: Monday, June 21, 2010 at 4:00 p.m. ' Cheryl Viseth, Public Works Secretary r 1 1 1 t ' CONTINUED COMMUNICATIONS A. ! ! 1 1 1 1 EXECUTIVE SESSION 1 i ACTION AFTER EXECUTIVE SESSION